Wednesday, May 27, 2009

How American Idol is like IRV!

In an earlier posting I wrote about a "huff piece" written about IRV elections in Aspen CO by FairyTaleVote's Rob Richie. At the very end of the piece, Rob mentioned the following:

A Timely Quote: How American Idol is like IRV:

"Despite never having been among the bottom-three vote-getters this season, Danny [Gokey] wound up on the short end of 88 million votes Wednesday night, which eliminated him from the competition. With only a million votes separating Kris and Adam this week, Danny's sizable voting bloc could still influence the outcome. Will his supporters throw their weight behind dark-horse-turned-contender Kris? Or will they stay away from the phones? The answer to that question could determine your next American Idol." - Brian Mansfield, in May 14 story for USA Today, "'American Idol': Danny voted off; Kris and Adam are final 2."
Voting on American Idol is not something I take very seriously. I always wondered why anyone in the election reform biz would ever hold up a show like 'American Idol' as an example of good elections. But then again, this is from a group that uses examples of voting for flavors in ice cream socials as a reason why we should use IRV in big-people elections for stuff that matters a whole lot more than what flavor of ice cream you get to eat.

I fell asleep with the TV on (MSNBC) and I awoke this morning to a little something about how AT&A May Have Swayed 'Idol" Results - they are even talking about it on "Morning Joe" where they admit to not understanding exactly how this could happen. Wonder how they feel about IRV? ;-)

So I googled "AT&T tainted American Idol vote" and ironically I got an article in The Huffington Post (the same place that posted Rob's crowing about IRV) "AT&T May Have Swayed 'Idol' Results":

New York Times:

AT&T, one of the biggest corporate sponsors of "American Idol," might have influenced the outcome of this year's competition by providing phones for free text-messaging services and lessons in casting blocks of votes at parties organized by fans of Kris Allen, the Arkansas singer who was the winner of the show last week

So I went to the article in the NY Times:

May 27, 2009
AT&T May Have Swayed ‘Idol’ Results
By EDWARD WYATT

LOS ANGELES — AT&T, one of the biggest corporate sponsors of “American Idol,” might have influenced the outcome of this year’s competition by providing phones for free text-messaging services and lessons in casting blocks of votes at parties organized by fans of Kris Allen, the Arkansas singer who was the winner of the show last week.

Representatives of AT&T, whose mobile phone network is the only one that can be used to cast “American Idol” votes via text message, provided the free text-messaging services at two parties in Arkansas after the final performance episode of “American Idol” last week, according to the company and people at the events.

There appear to have been no similar efforts to provide free texting services to supporters of Adam Lambert, who finished as the runner-up to Mr. Allen.

Since then, angry supporters of Mr. Lambert have flooded online chat boards with messages claiming irregularities in the competition’s voting.

Officials of Fox Broadcasting declined to discuss the situation. In a statement issued Tuesday, a spokesman for AT&T said, “In Arkansas, we were invited to attend the local watch parties organized by the community. A few local employees brought a small number of demo phones with them and provided texting tutorials to those who were interested.”

Details of the voting support were first reported last week in an article in The Arkansas Democrat-Gazette.

Representatives of AT&T helped fans of Mr. Allen at the two Arkansas events by providing instructions on how to send 10 or more text messages at the press of a single button, known as power texts. Power texts have an exponentially greater effect on voting than do single text messages or calls to the show’s toll-free phone lines. The efforts appear to run afoul of “American Idol” voting rules in two ways. The show broadcasts an on-screen statement at the end of each episode warning that blocks of votes cast using “technical enhancements” that unfairly influence the outcome of voting can be thrown out.

And the show regularly states that text voting is open only to AT&T subscribers and is subject to normal rates.
So American Idol voting was capable of being influenced by a group that engaged in voter education, and that controls both the counting and casting of votes.

I guess Rob was right - American Idol is like IRV. Timely indeed!

Saturday, May 23, 2009

Has the Aspen Election Commission certified the May IRV elections?

And if not - why not?

For Mayor - http://www.aspenpitkin.com/pdfs/depts/38/Aspen%20Mayor%20Round5.htm
CANDIDATE THIS ROUND TOTAL STATUS
Mick Ireland (4) 0 1273 ELECTED -- 4th round

For Council Seat 1 - ttp://www.aspenpitkin.com/pdfs/depts/38/Aspen Council Seat 1 Round4.htm
ROUND 4 -- Jack Johnson (2) has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
Derek Johnson (8) +40 1273 ELECTED -- 4th round

For Council Seat 2 - http://www.aspenpitkin.com/pdfs/depts/38/Aspen%20Council%20Seat%202%20Round3.htm
ROUND 3 -- Michael Behrendt (5) has been DEFEATED -- transferring all votes.
CANDIDATE THIS ROUND TOTAL STATUS
Torre (4) +200 1273 ELECTED -- 3rd round

Votes aren't the only things being pulled out of someone's "Asspen"!

Rob Richie wrote a "huff piece" for the Huff Post about IRV. As usual, he put a positive spin on the Aspen IRV election (which I don't think has even been certified yet). And he got stuff wrong.

In a Nutshell
Instant runoff voting is a ranked choice voting system that allows voters to rank candidates in order of preference. Recommended by Robert's Rules of Order for postal elections and used in a rapidly growing number of elections here and abroad, it represents a major improvement over the usual plurality-based and two-round systems of voting. It protects majority rule, eliminates the need for costly extra elections and all but eradicates the potential chaos of "spoiler" candidacies. But beyond its clearly established benefits, we are seeing anecdotal evidence that suggests that IRV has a positive effect on the influence of big money on elections, and mitigating the temptation for campaigns to "go negative."

It used to be that FairVote claimed that Robert’s Rules of Order recommended IRV over all other election methods – now it’s just for postal elections. But I am not sure that IRV is being used in a rapidly growing number of elections here and abroad. Those governments that already have a parliament use IRV/RCV or STV. I don't think that any new overseas governments are clammoring to use IRV. In fact, 61% of British Columbia voters recently gave STV (a version of IRV) a crushing defeat - in the second defeat for ranked choice voting in BC.

I am sure FairVote is spending a lot of money trying to push IRV in communities all around the country and the world. But here in NC, IRV is failing to catch on.

In 2007, only 2 out of over 500 municipalities chose to take part in an IRV pilot program. Only one election went to IRV, and that was a disaster! There were no IRV elections in NC in 2008 (probably because our own State Board of Elections felt IRV was too risky to use in the 2008 federal elections with the expected heavy turnout). A bill to allow the Wilmington City Council to have the option to have IRV elections was pulled at the request of the City Council when the language of the bill would have REQUIRED the use of IRV. And even though an IRV pilot program extension bill was passed in 2008, that bill required guidelines that our State Board of Elections could not meet (IRV conflicts with general election laws) so that only one community opted to participate in the 2009 pilot.

That one single community out of over 500 in North Carolina was Hendersonville. They participated in the 2007 pilot only in the front end of the election (the ranking of candidates). As the election in Hendersonville went the same way as two IRV elections in Takoma Park (they had a first round majority and didn’t need IRV to determine the winner by tabulating subsequent rounds), Hendersonville really had no rational basis for assuming that IRV elections would go smoothly. In fact, since they use a largely untested and certainly uncertified workaround for tabulation of the DRE votes on Excel spreadsheets, the IRV method using DRE machines is an untested one. One City Council member claimed that there was a paper trail for the IRV vote, but there has never to the best of my knowledge been a testing of doing a full-scale recount of IRV votes using the thermal paper trail created by DRE machines.

In all well-intentioned attempts to reform our electoral system, the primary goal is fairness: finding mechanisms allowing all eligible voters to have a better chance to participate and be represented. When those criteria are satisfied, we think that government becomes more accountable and more honestly reflects the will of the voters. But sometimes we can be pleasantly surprised when a change designed to improve the political system in a broad sense also turns out to have other desirable effects beyond the initial intentions.
I am not really sure that all attempts to reform our electoral system are well intentioned and have fairness in mind. I am certainly not sure that those are the intentions of FairVote. And I certainly don’t think that IRV elections satisfy those criteria.

I do not believe that IRV is a fair electoral system because it is too complex not only in the front-end voting part of the election, but especially in the back-end of the counting. Candidates in Cary, NC admit to being confused on how to deal with campaigning in IRV elections. Voters in Cary and in Hendersonville were also complaining about the cofusion.

You must have a simple and easy to understand method for counting votes and explaining how the winners will be determined. IRV in almost any form is “black box” voting – hard to explain, hard to understand for educated people and “just trust us – we’re well-intentioned reformers” for everyone else.

This is exactly what we're seeing with the growing implementation of instant runoff voting (IRV) in municipalities across the country. With IRV, voters have one vote, but are allowed to indicate their backup choices in the event that their favorite candidate lacks enough support to win. After voters rank candidates on a ranked choice ballot, the first-choice rankings are tabulated. If no candidate wins a majority (50% plus one), a series of "instant runoffs" take place. The weakest candidates are eliminated and ballots for that candidate are added to the totals of the remaining candidates until one candidate earns more than half the votes. The winner is the majority, consensus choice. (Minnesota Public Radio recently did a charming video demonstration of IRV in action using Post-It notes, which you can watch here.)
One candidate earns more than half of what votes? The total number of votes cast in the first column of each race, or more than half the votes of the last two candidates standing?

A successful IRV election was held in Aspen, Colorado last week (the city's first IRV election), in which incumbent mayor Mick Ireland defeated three challengers in a contest with a record-breaking turnout; 45% versus the usual 37-38%. Analysis of the election by TrueBallot showed that every single vote cast for mayor was valid, meaning 100% of those who opted to vote for mayor had their vote count. There were more voter errors in the novel use of IRV to elect two at-large city council seats, but still less than 1% of those at the polls.
Who says it was successful? The election hasn't even been certified yet! Comments by many people suggest that the reason for the turnout was that people wanted a change in administration. Ireland was pushing IRV because of the advantage it gives incumbents. Ireland and other pro-IRV candidates got themselves on the IRV commission to figure out how to run IRV in Aspen. Were other candidates on this commission? If not - why not?

Also notable were the fundraising figures. Challenger Marilyn Marks outspent Ireland, breaking Aspen records with almost $40,000 in funds. Ireland mustered less than half of Marks' total, with less than $18,000 raised. Despite this disparity in resources, Ireland emerged victorious. The biggest spender in the city council race also was defeated in an election in which the two incumbents were upended.
Where did Rob Richie get these figures from – did he pull them from his "Asspen"? According to the public spending reports, Ireland had spent $14,513 up to 4/29/09 vs. $10,149 by Marks during the same period. The final reports won’t be out until June, so where did Rob Richie get his “almost $40,000 in funds” figure from? Did he make that up?

We knew IRV helped level the campaign finance playing field when avoiding costly runoffs, as would have happened previously in Aspen. We didn't anticipate an impact within single elections, but here's why there might be a connection. In a typical campaign, campaign money is often spent attacking one's major opponent through ads. That tactic assumes the "zero sum" logic of a two-person race in which every vote lost by an opponent helps you by default. But with IRV, voters are more likely to have more than two choices. Candidates have a greater motivation to make an affirmative case to earn support because negative attacks may hurt another candidate without helping you.
There "might be a connection"? This is quite a stretch! How much would a runoff election cost in Aspen's 4 precincts (5 including ABM and in-person Early Voting)? Would it have cost the $7,500 paid to True Ballot to run the election - including the fix of that pesky "inverse" problem that declared the lowest vote-getter in a pre-election test to be the "winner"?

That is not what folks in Aspen say about the campaigns. Most everyone agrees that the lack of the run-off and having 9 candidates in the field allowed the candidates to run “motherhood and apple-pie campaigns.” There was no real substance to the answers, and positions. They were able to run popularity contests without having to take positions. There was too much noise to pick out a real message. That is one of the big problems with IRV!

One of the reasons why Robert’s Rules of Order favor traditional election and runoffs over preferential voting is the real lack of choices. In Aspen and elsewhere, the month of run off among only 6 candidates (4 council and 2 mayor) would have allowed for real issues to be debated and discussed. From my own experience in the 2008 primary campaigns in NC, with so many candidates running, no one got a real chance to tell other voters what the real differences were between the candidates. Both of the runoff candidates for Labor Commissioner – John Brooks and Mary Fant Donnan (disclosure – I know John Brooks and supported him in the runoff) – felt that the runoff gave them a chance to explain the differences between each other but also between them and the current Republican Labor Commissioner Cherie Berry. Had we had IRV in that primary election, I doubt few voters would have been able to make responsible and informed choices in the Labor Commissioner race that had a 33% falloff from the Presidential and other top-ticket races.

I am convinced that in the future, if there are more IRV elections, candidates will hire math consultants to learn how to game the system, and run campaigns for a month that focus on popularity (lots of bbq’s and pizza parties) and not on ideas and substance. Is that really how we want to elect our officials?

Because voters get the option to rank their preferences, candidates also have a new incentive to make their case to backers of other candidates. Negative attacks perceived to be unfair are particularly counter-productive if the candidate on the receiving end loses early in the counting and that candidate's backers punish the attacker by ranking other candidates higher on their ballot. Attacks will still be leveled at opponents in IRV elections, particularly when there is a clear frontrunner as was the case in Aspen, but overall IRV encourages more positive, substantive campaigns in which candidates try to earn first-choice support from opponents while remaining attractive to other candidates' supporters. The Aspen Times weighed in after the election, writing, "[We] have been impressed with the professionalism displayed...[C]andidates have treated each other respectfully during these stressful times."
That is not what some observers who chose to remain anonymous have claimed about the Aspen elections. Some supporters of Marks were threatened by people in the Ireland campaign.

Let's take a look at another example. Earlier this year in Burlington, Vermont, the Progressive Party's Bob Kiss was re-elected as mayor, vaulting from second place after the first count in an IRV election to win with 51% against Republican state legislator Kurt Wright. Just as in his initial upset win in 2006, when he was outspent by approximately four to one by a Democratic state senator, Kiss was heavily outspent by his three main opponents. All three wielded larger war chests, including Wright who spent twice as much as Kiss.
So what? Progressive candidates have won election for Mayor since the 70s or 80s WITHOUT IRV. IRV was not necessary for Progressives to win elections in Burlington, VT.

But once again money seemed to mean less when negative attacks aren't useful. Burlington's candidates participated in forums across the city, and, in part due to IRV, spent little time debasing each other. The positive, substantive tenor of the campaign even won IRV some new converts of past skeptics such as Democratic city councilor Bill Keogh who told the Burlington Free Press, "This campaign has been very, very good," and that the four leading candidates had been "as forthright as they can be with their views. This is the most respectful and informative campaign in Burlington in a long time."
Other observers have found that IRV tends to drive the negative campaigning underground.

Obviously, in the Aspen and Burlington cases the mayoral victors had the benefit of incumbency despite their deficits in cash. But they also showcase a trend that is emerging in IRV races across the country. Similar results have been seen in San Francisco, which has used IRV for city elections every November since 2004. Numerous highly competitive races have gone to candidates who were outspent, including several neighborhood-based candidates targeted by downtown business in the 2008 elections. The editor of the San Francisco Bay Guardian in 2008 wrote that in the highly contested open seat race for District 9 on the Board of Supervisors:
Not really sure these examples are accurate – since Richie got his numbers wrong in the Ireland v. Marks race.

"[The winner] will probably be the one who gets the most second-place [rankings]. So it's in everyone's interest not to go negative. If Sanchez, say, started to attack Quezada, the Quezada backers would get mad and leave Sanchez off their ballots -- and that would hurt Sanchez when the second-place votes are counted. So everyone has been pretty well behaved in [District 9]. I've heard a few whispers here and there, and a few people have tossed off a few nasty comments, but overall the candidates and their supporters recognize that it's better to stay positive."
So that results in bland campaigns that have little focus on issues and the differences between candidates. That is not very democratic!

Indeed, the winner was in fact one of those candidates that embraced the idea of forging alliances over burning bridges. One result of this is that with every member now elected through IRV, the city's Board is far more diverse and community-based than ever in its history. Its 11 members include three Asians, two Latinos, one African-American and one Iranian-American.
Does this have more to do with who runs for office in those communities vs. who votes for them? If IRV is supposed to bring diversity – why doesn’t Takoma Park MD (home of FairVote) have a diverse elected government?

This is not a definitive, scientific case study proving beyond a doubt that IRV will always negate the advantages of money or unfailingly produce smiley-faced campaigns. But what is certain is that because candidates must appeal beyond their die-hard supporters in order to rank highly on as many ballots as possible, the efficacy of negativity becomes at best highly questionable, while reasoned, substantive debate and coalition-building become far more attractive. And when discussion is valued over destruction, the relentless raising and spending of campaign funds can be less decisive.
It it not very scientific or accurate. But if you have read as much of this pro-IRV drivel as I have, you would not wonder why I call this organization “FairyTaleVote”.

In our view, IRV is already a significant improvement simply on its technical merits alone. But if it can also produce such positive byproducts -- even only occasionally -- it only serves to make a good idea even better.
Many people would not agree that IRV is a significant improvement based on technical merits alone. Many people feel that IRV threatens election integrity and verified voting. And now what do we make out of Rob Richie’s claims of “gee whiz” Pollyanna election wonderfulness when he pulls numbers out of his "Asspen" to cast the incumbent mayor as a little guy who got elected over big-spending people who, by default, must be evil?

Wednesday, May 20, 2009

"Street Football" or how they crossed the threshold by pulling votes out of their "Asspen"!

Joyce McCloy, Kathy Dopp, and the folks at RangeVoting have posted a link to an open letter to Fair(yTale)Vote's Rob Richie in response to Rob's puff piece at the Huffington Post entitled "Good Things Come to Those Who Rank: Campaign Finance, Political Dialogue, and Instant Runoff Voting" (does that make it a "huff piece"?) from Marilyn Marks - one of the candidates in the recent Aspen Co IRV race.

Her letter to Richie is devastating to say the least. You have GOT to read it! There are links in the letter to a site which reported there was some sort of arts related issue on the ballot, and many people simply FORGOT to vote on it (I am guessing) due to the more complex IRV races. Her letter also contained a link to a report by her nephew, who goes to NCSU right here in Raleigh.

And while many people realize that all three winners in the races finished with the exact same totals - 1273 votes - few folks seem to understand how this happened.

Richie rightly claims that the process needed more explanation (and a headache remedy or several stiff drinks) in order to be understood. But even when he has explained it, the numbers still don't add up.

There was more than one race where:

1) only two candidates left standing AND

2) all the other ballots were exhausted AND

3) the threshold had not yet been crossed.

And yet they still declared a winner! Know how they did it? Instead of holding a traditional runoff election because they had no clear winner, it appears as though they took a look at the subsequent rankings for the ballots belonging to the second place finisher at that point, and saw if there were any votes for the first place finisher - then added just enough votes to cross the threshold.

They stopped counting as soon as they got 1273 - which is why the winners in three different races have exactly the same number of winning votes. IRV advocate Terry Boricious claims that is Cambridge IRV rules, but it seems more like "street football" (comedy routine by Bill Cosby, where he who brings the football makes the rules). I say this is pulling votes out of your "Asspen" (funny "South Park" episode which you can watch here). If you have seen the episode - do you recognize any link between the timeshare organization that seems to control everything and the folks and organizations pushing IRV? ;-)

How can this possibly be a smooth election where IRV proved anything other than how complicated it is in the first place?

Monday, May 18, 2009

Aspen IRV makes my head hurt!

Greetings! I have been communicating back and forth with various verified voting advocates about the Aspen IRV fiasco. People have read my comments and told me I should turn them into blogs, and they have been wondering why I haven't done so yet.

That's because so much stuff is coming out about the Aspen IRV election almost daily that makes the stuff I wrote yesterday out of date! And I also have to try and wrap my head about the confusing "novel" way that Aspen ran their election. Excuse me - that was a mistake - Aspen paid a small private company to administer the IRV election using an uncertified system.

So have no fear - I will get around to writing a devastating blog (or two or three) on Aspen IRV that will tickle your funny bone and make you cry wondering how anyone is buying into this voodoo voting method!

Chris Telesca

Public Hearings are a good thing - so why are IRV advocates afraid of them?

Back in 2007, the only two communities to participate in the IRV pilot program in North Carolina did not have full public hearings before taking the vote. Four NC communities that did hold public hearings voted not to participate in the IRV pilot.

There were no IRV pilots in 2008 because the NC State Board of Elections knew as early as March 2007 that IRV was too risky to use in the 20008 federal elections with expected heavy turnout.

IRV advocates pushed an extension of the 2007-2008 pilot after the 2008 primary runoff election in June 2008. The pilot was extended from 2009-2011 (inclusive), but IRV advocates didn't get the same blank check they had in 2007-2008. A voter and candidate education as well as guidelines consistent with general election laws were required.

Verified voting activists worked with the NC SBOE suggested ways to make IRV comply with general election laws, but the NC SBOE passed guidelines that were in conflict with those laws.

IRV advocates were really pushing to get both Hendersonville and Cary to participate in the IRV pilot this year. They were especially pushing for Cary to take part. Cary was their shining example of how they claim IRV worked. They made pushing IRV for Cary in 2009 a national priority.

But this time IRV advocates wouldn't have ex parte meetings with the town council members for 6 weeks before any council meetings. For one thing, there were two Cary Town Council members who were not big fans of IRV. Don Frantz (the only official elected in our state using the IRV method to tabulate votes) and Julie Robison (who originally supported IRV until she observed the 2007 counting procedure). Several other members of the Town Council didn't want Cary to be a lab rat for IRV again.

So instead of 6 weeks of ex parte access to the Town Council like in 2007, the Cary Town Council was going to consider whether or not to take part in the IRV pilot in 2009, stay with the old non-partisan election and possible runoff, or switch to a non-partisan plurality election. That is where things got really interesting.

At the first meeting on March 12, 2009, I found out that there is a legal requirement for public hearings to change between proven legal election methods - but not to take part in election pilots of unproven (and risky) election methods like IRV. I was flabbergasted!

I wrote the following e-mail to several NC legislators who I knew were interested in election integrity:
Dear Represenatives:

I am hoping that you will put your heads together to create and support making changes this year to the IRV pilot extension bill that got passed last summer. Specifically, I would ask that you require any municipal governing body considering IRV to require:

1. advance notification of a public hearing where the public may comment prior to taking any vote to participate in the IRV or any other election pilot

2. requirement to verify the accuracy of information presented by or through the County Board of Election or the municipal clerk or information officer so that pro-IRV propaganda from IRV advocacy groups is not presented as factual information.


I attended a meeting of the Cary Town Council on March 12, 2009, and found out that while public hearings are required by law for any community considering changing election methods (plurality or majority with or without primaries or runoff elections), there are no such requirements for public hearings prior to a municipal government considering taking part in the IRV pilot project.

I talked briefly to the Hendersonville City Manager and Attorney last week, and found out that there was no advance announcement of IRV on the agenda for the March 2009 Council meeting where they voted to ask to participate in the IRV pilot for the 2009 election. There certainly was no opportunity for the public to comment on IRV one way or the other. I also found out that neither the City Council nor the City Manager or Attorney were aware of the new requirements of the law to allow for the pilot extension:

* the municipality must take part in and pay for a voter education program and

* the municipality must pay for a professional exit poll to be conducted to gather information on the IRV pilot, and keep accurate accountings of money spent on IRV.

I think that in the interest of transparency and open government, if public hearings are required prior to changing other election methods, they should be required prior to taking any action to participate in any election pilot - including IRV.

There is also an issue of the type and accuracy of information that is being presented to the municipal governing agencies and the public to get them to participate in the IRV pilot. In some cases, unsubstantiated information coming directly from the non-governmental agencies that are pushing IRV is being presented as facts by the county Boards of Election. In the case of the Wake County Board of Election, they accepted the donation of a website for the Cary IRV project that was paid for by FairVote, and the information on this page was provided by FairVote and was not subject to review or approval from the Wake County BOE.

I can provide much more information to support this brief (at least for me) e-mail to you.

Would you please consider submitting legislation to change the IRV pilot bill to require such public hearings? Thank you.

Respectfully,

Chris Telesca

I heard back from NC House Representative Verla Inkso, who along with Senator Ellie Kinnaird are the two Godmothers of Election Integrity in the NC General Assembly. Rep. Insko agreed to introduce HB 932, which required public hearings and documentation of IRV pilot program claims. The bill did not make crossover in the North Carolina General Assembly by May 14th.

I talked to a few legislators and some other people who work down at the General Assembly, and I found out that IRV advocates were bad-mouthing this bill. They were claiming that it would have prevented Hendersonville from taking part in the IRV pilot for 2009, even though Hendersonville already voted to take part in the pilot before the bill would have taken effect.

As you may already know, Cary decided not to participate in the IRV pilot program - there wasn't even enough interest from council member Erv Portman to make a motion to consider it in the very last council meeting on April 30th before the May 6th cut-off date (after which it would have been too late for ANY community to decide to participate in the IRV pilot for 2009). So this bill would only apply to communities deciding to use IRV in the future.

So why are IRV advocates bad-mouthing this election transparency bill? IRV advocates tend to be all about transparency EXCEPT when it applies to IRV! What do IRV advocates have to hide about IRV?

Why don't IRV advocates want communities to announce interest in the IRV pilots, document information used to justify taking part in the pilot, and hold a hearing where the public may comment on IRV?

Is it because they realize that whenever IRV has been put to a public hearing process in NC where there has been transparency and full disclosure, IRV did not get used?

I have talked to several other legislators who wonder why requirements for public hearings and full disclosure of the source of documentation used to justify the pilots ought to apply to ALL election pilots - not just for IRV.

I wonder why IRV advocates are afraid of a little sunshine?

Saturday, May 9, 2009

Only one IRV in NC for 2009!

On April 29, the Cary News published a guest column written by Don Hyatt and myself. They wanted it to be between 500 and 600 words. We submitted a little more than 600 words, and they whittled it down even more.

Here is a link to the published article - http://www.carynews.com/opinion/story/12323.html

In our opinion: IRV too risky

By Chris Telesca and Don Hyatt
The Cary Town Council is considering whether or not to be the subject of another election experiment with Instant Runoff Voting for the October 2009 election. It’s time for Cary and the rest of North Carolina to say “no” to IRV.

Cary has participated in dubious election experiments before. In 2002, hundreds of votes were lost in the nation’s first reported case of touch-screen voting machines failing to report election votes.

Even before Cary voted in May 2007 to pilot IRV, the State Board knew it was too risky to use in 2008 elections because state law and federal regulations require using only certified voting systems to tabulate IRV.

The 2007 Cary IRV pilot program was largely managed by IRV advocacy groups, with no advance guidelines. Some voter education volunteers admit deviating from Election Board instructions to create a more positive outcome on the exit poll surveys — also conducted by IRV advocates.

The Wake Board of Elections couldn’t follow simple IRV hand tabulation procedures. Ballots were mis-sorted, simple calculator mistakes were made and a non-public recount turned up missing votes. The winner did not receive the 50 percent plus one vote majority advocates claimed IRV would ensure in a single election.

There has been no analysis of the 2007 pilot. The proffered reason given for extending the pilot beyond 2008 was cost savings, even though fiscal studies done by other jurisdictions show IRV elections cost more than traditional election methods.

The original IRV pilot extension bill had the same flaws as the first pilot program. Election integrity groups requested an improvement which required “… the pilot program shall be conducted according to … standards consistent with general election law …” Unfortunately, this legislative requirement has not been met.

After passage, election integrity advocates pointed out how IRV conflicts with general election law not written with IRV in mind, and recommended ways to make IRV comply with general election law. The State Board ignored those recommendations and approved IRV guidelines that conflict with general election laws.

North Carolina and other states have laws requiring that votes be counted where cast until the count is completed to prevent ballot tampering. But State Board IRV guidelines call for partial ballot counting at polling places, then moving the ballots to a central location for further counting. The federal Help America Vote Act requires voters be notified of over-votes before a ballot is cast. Our voting system can’t notify voters of second and third column over-votes on IRV ballots.

From early 2007 through January 2009, State Board members and staff claimed we needed federally certified software to automate IRV tabulations. The State Board recently developed automated procedures they now claim need no federal certification. Those procedures were developed with no input from election equipment vendor ES&S. Do the new IRV procedures violate any contracts, warranties or other agreements with ES&S? Will Cary voters be required to foot the bill in the event of election problems?

The Cary Town Council needs to vote “no” on another IRV pilot and keep traditional runoff elections if needed. Our legislature’s Election Oversight Committee should study the 2007 IRV experiment and other IRV elections more fully before allowing any more communities to experiment with America’s right to vote.

Chris Telesca lives in Raleigh. Don Hyatt lives in Cary.
IRV was not on the agenda for the Cary Town Council meeting for April 30, 2009. One of the IRV guidelines required:
CI 1
The governing board of a jurisdiction choosing to participate in the IRV pilot must make that decision no later than two months before the beginning of the filing period for offices in that election.
And since May 6, 2009 was the 60-day cut-off period for the 2009 election filing period beginning July 1, 2009, IRV was essentially dead in Cary for 2009. Only one other NC municipality - Hendersonville - voted to take part in the 2009-2011 IRV pilot extension.

And since IRV is too risky to use in an even-year federal election, I doubt anyone will try and bring it forth for consideration in 2010. With two communities using it in 2007, and only one in 2009, that probably means no one will use it in 2011. I say "probably" because it honestly depends on what happens with the Hendersonville elections. If they don't need to tabulate the votes beyond the 1st column, the pro-IRV crowd will probably say they loved it in Hendersonville. IRV will tank for sure in Hendersonville if they do have to tabulate those other votes, because it will be so complex no one who understands it will like it.