This November, people all over the United States will
cast ballots using methods that span centuries of
technological development. In fact, in this
technologically advanced country, more than half of the
voters will mark their choices by hand on paper ballots,
just as their great-great-great-grandparents may have done.
Photo: Vincent Laforet/The New York Times
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Eye Of The Storm? : In the wake of the 2000 U.S.
presidential election, Florida's counties turned
to electronic voting. Here,
Miami voters use new machines
made by Election Systems and Software in the
November 2002 general election.
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But for the first time in history, more than 25
percent of U.S. ballots will be cast using equipment
that directly records votes only on electronic media,
such as chips, cartridges, or disks, with no paper or
other tangible form of backup. That's nearly triple the
number of electronic votes in 2000. Twenty-five years in
the making, electronic voting is finally being widely
adopted in the United States.
Unfortunately, recent evidence suggests that although
we may be ready for electronic voting, the technology is
not ready for us. True, these electronic systems
eliminate many of the problems with paper-based
ballots—Florida's hanging chads and poorly aligned
print layouts being the most notorious. But in their
hurry to eliminate paper and avoid another Florida-style
fiasco, some equipment makers and election officials are
rushing to deploy systems that have known flaws or that
have been poorly tested—or not tested at all. Much the
same story is playing out not only in the United States
but also in Australia, Brazil, India, the United
Kingdom, Venezuela, and elsewhere.
Officials are knowingly giving up the ability to
perform an independent recount—a fundamental
requirement for ensuring the integrity of the votes
recorded by a voting machine, and for reconstructing the
tally if an election is contested. People using these
direct-recording systems will have no assurance that
their ballots were cast at all, let alone as intended.
And it's likely that some machines will fail, if the
record of recent local and other elections is any guide.
Astonishing as it may seem, a world with automated
teller machines that dispense cash flawlessly and
ticket-selling kiosks that accept and count bills and
coins of every denomination still hasn't produced
electronic voting machines that are robustly reliable
and with counts independently verifiable. Computer
scientists, such as David Chaum, the inventor of digital
cash, are working on the problem, but solutions are
years away.
Fair and honest elections are a cornerstone of any
modern democracy, and yet the democracies that dominate
technology development—the United States chief among
them—have been surprisingly unsuccessful to date in
their attempts to design and deploy electronic voting
machines that are free of fundamental defects. This
situation is all the more amazing when you consider that
over the past couple of years the U.S. government has
spent some US $1 billion and allocated almost $3 billion
more to subsidize the purchase of new electronic voting
machines. Despite this enticement, some 20 percent of
U.S. election districts have chosen to continue using
their existing systems, including some 1950s-era lever
machines that were used to vote Dwight D. Eisenhower
into the White House.
Now, as the United States prepares for the first
presidential election in which electronic voting will
play a substantial role, a growing group of
technologists is asking whether the problems of
electronic voting are endemic. States getting ready to
deploy machines are finding that they have been sadly
ill informed about them—and that in some cases they
will be fielding systems that comply only with obsolete
federal guidelines from 1990.
Why Has Such A Seemingly
Straightforward design challenge proved so
baffling? The causes are several—putting together an
honest election isn't as simple as it appears. In the
United States, one major complication is that elections
are run individually by each of the 50 states. Another
is the misplaced trust of the state and local
bureaucrats responsible for choosing and deploying
election equipment; they have been insufficiently
skeptical of the claims made by equipment
manufacturers—and have in some instances rejected the
advice of outside engineers and specialists. Then
there's the way the profit-driven vendors themselves
rushed some of their machines to market. Finally, there
is the system-design challenge itself, which is much
more difficult for voting machines than most people realize.
Let's start with the practice, which originated in the
U.S. Constitution, of entrusting states and smaller
jurisdictions with the responsibility for buying
election machines and running elections, including
national ones. Many countries, such as India and Brazil,
have central election authorities that choose machines
for the whole nation.
The United States doesn't have just 50 different
decision makers; it has hundreds. Some states choose
voting equipment statewide, while others leave such
decisions up to counties or municipalities. For years,
many voters have been using systems that are partially
electronic. Voters fill out a paper ballot that will be
optically scanned, much as a standardized test is.
Machines count the ballots and a winner is announced. If
an election is contested, the ballots can be rescanned
or counted by hand.
Electronic voting machines go one small but critical
step further by storing the vote digitally instead of on
paper. The AccuVote-TSX, a
touch-screen system made by Diebold Inc., North Canton,
Ohio, is typical. When a voter signs in at the local
polling station, a card similar to a modern hotel-room
key is activated. The voter inserts it into the machine
and makes his selections. When the voter touches a "Cast
Vote" area on the screen, the vote is recorded on the
machine's hard disk and the access card is deactivated,
preventing the voter from voting a second time. Each
AccuVote machine has a built-in printer, not to
reproduce individual ballots but to record the machine's
vote totals when the polls close. The AccuVote also has
a modem; election officials can choose to have it
encrypt the vote totals and transmit them over ordinary
phone lines.
A Touch Of
Glass: A voter in Los Angeles tries out a
touch-screen electronic voting machine in early voting
for a March 2004 primary election [left]. Nearly 16 000
machines made by Diebold Inc. were decertified by the
California secretary of state in April, after it was
revealed they had been installed without having met the
state's certification requirements.
Though there are at least a dozen manufacturers of
electronic voting machines, the three largest—Diebold;
Election Systems and Software Inc., Omaha, Neb.; and
Sequoia Voting Systems Inc., Oakland, Calif.—share 80
percent of the market.
ES and S, which claims to be the largest maker of
electronic voting machines in the world, was formed in
1997 by a merger of two smaller companies, one of which
was founded by two brothers, Todd and Bob Urosevitch.
Todd is still with ES and S, but Bob was until recently
president of Diebold.
Electronic voting machines have some important
advantages over traditional optical-scan systems and
their preprinted ballots. For example, machines can be
programmed to keep the voter from voting for two
candidates for a single office. And text on the screen
can be read by voice-synthesis software—useful for
illiterate voters as well as the visually impaired.
These and other special features are continually refined
by the different vendors.
The diversity of manufacturers and machines is a
problem, though, because voting officials are having a
hard time keeping up with a shifting cast of companies
and with often-flawed, early-generation equipment.
Time-consuming testing and certification requirements
can't keep up now that elections are suddenly under the
force field of Moore's Law. And then there's the problem
of springing new machines on the many one- or
two-day-a-year volunteer workers needed to run a modern
election. The inevitable result is compromised elections.
The Number Of Problems
In Recent Years defies listing in a
magazine article, but what better place to start than
Florida, whose tribulations made the 2000 presidential
election infamous? Just two years later, in a 2002
gubernatorial primary, a state of emergency had to be
declared because, in two counties, some of the new
equipment failed to boot up in time for the start of the
election. Or we could start with a November 2003
election in Boone County, Indiana, where 144 000 votes
were reported for only 5352 voters.
Or perhaps we should begin with California, which has
endured a plenitude of problems commensurate with the
state's size and population. Indeed, election officials
in California soured on their new e-voting machines only
after a lengthy series of missteps culminated in spring
2004 primary elections that were marred by voting
catastrophes throughout the state, across a wide variety
of different machines.
In San Diego County, precincts opened as much as 4
hours late; in some areas nearly half failed to open on
time. Here and there, voting machines, made by Diebold,
rebooted themselves and voters saw generic Microsoft
Windows screens instead of ballots. Those problems were
traced back to the voter access card encoders. Faults in
the power switches drained them of battery power. In
northern Alameda County, one in five Diebold encoders
had similar problems.
Hearings were held after the primary elections, and on
20 April, California Secretary of State Kevin Shelley
released a report charging that Diebold marketed, sold,
and installed its AccuVote systems in Kern, San Diego,
San Joaquin, and Solano counties prior to full testing,
prior to federal qualification, and without complying
with the state certification requirements. These and
other discoveries were subsequently turned over to the
California attorney general's office for possible
criminal investigation against Diebold.
Ten days later, Shelley issued a controversial
decertification notice, withdrawing approval for all
direct-recording electronic voting systems in
California, deeming them defective or unacceptable.
Because of this, the state required nearly 16 000
AccuVote machines in the four counties involved to be
recertified to comply with tighter security and
auditability measures or replaced with optically scanned
balloting in time for next month's election.
Problems Related To The
Installation Of Uncertified Components
and the coverup of malfunctioning products have occurred
with manufacturers other than Diebold. Earlier this
year, a June 2003 ES and S memo came to light that
indicated flaws in the auditing software for a $24.5
million installation of its iVotronic voting machines in
Miami-Dade County, Florida. ES and S also manufactured
voting systems previously used in Venezuela (sold
through Indra Sistemas SA, Madrid, Spain) that suffered
a 6 percent malfunction rate in actual use.
Indeed, electronic voting has had its share of
problems outside of the United States as well. India
deployed more than a million electronic voting machines
in its national election this past spring, eliminating
the need for 8000 tons of paper ballots. The BBC and CNN
claimed the equipment, produced by two government-owned
companies, Bharat Electronics Ltd. and the Electronics
Corporation of India Ltd., led to a reduction in the
violence common to elections there, yet local papers
were "full of reports of thugs taking away voting
machines and tampering with booths," according to The
Associated Press. [See also "Electronic Voting Eases
India Elections," IEEE
Spectrum Online, 10 May 2004.] Revoting
was required at 1879 stations, and it is unclear whether
tampering contributed to the surprising Congress Party victory.
In Ireland, plans to use electronic voting in local
and European parliamentary elections in June 2004 were
scuttled, partly over concerns about the lack of
independent auditability. Also, constant updates by its
vendors—Nedap NV, Groenlo, the Netherlands, and
Powervote Ltd, Wisteria, England—meant that the
software could not be reviewed in a timely fashion.
Nedap recently made some of its online e-voting
software, used in Netherlands elections, available as
open source, but critics have noted that the released
code set cannot be compiled and run, nor is it possible
to verify that the code that runs during the election is
identical to what was released for review.
Physically securing a system's hardware and software
was also a problem in Fairfax County, Virginia, where 1
percent of the county's new WINvote touch-screen
machines, made by Advanced Voting Solutions Inc., of
Frisco, Texas, had serious malfunctions. Some of the
machines were repaired outside the polling place and
then returned to the precincts and put back in use,
despite the fact that security seals had been broken or
removed—in apparent violation of state law.
Worse, at day's end, about half of the vote totals
couldn't be electronically transmitted to the county
headquarters because the system flooded itself with
messages, in effect creating its own denial-of-service
attack on the server. One election for the school board
was particularly flawed. A still unexplained anomaly in
a number of machines apparently subtracted votes at
random from Republican school board candidate Rita S.
Thompson, resulting in a possible miscount of 1 percent
or 2 percent of her votes—close to the margin by which
she lost the election.
There were known problems with the WINvote machines.
The Web site for the electoral board of nearby Arlington
County even included instructions for poll workers on
what to do if: the "voting machine freezes during
boot-up," the "master unit does not 'pick up' one of the
units in the polling place when opening the polls," or
"when closing the polls, the tally fails to pick up a machine."
Knowledgeable advice had been offered and spurned.
Information-security expert Jeremy Epstein gave Fairfax
officials a three-page list of questions after he
attended a pre-election training session. A letter from
Margaret K. Luca, who was then electoral board
secretary, said that she couldn't respond on the grounds
that "release of that information could jeopardize the
security of that voting equipment." Critics say that
Epstein's experience is typical of the way in which the
election community has shut out scientists and engineers
and made it impossible to independently test electronic
voting systems.
The Sporadic
Exclusion of technologists and academics is
especially unfortunate because the design of electronic
voting machines is far more difficult than most
people—election officials included—realize. At the
core is the selection and counting process, which at
face value appears simple: here are the candidates, pick
one. In fact, the machines must also be able to handle
votes for candidates not on the ballot (so-called
write-ins) or more than one candidate (when voters
choose, say, two out of a list of five people running
for council), and "none of the above." The bigger
problem, though, is anonymity.
Voting systems must never link an individual to his or
her vote, or else it would be possible for the voter to
sell a vote or a politico to coerce one. In short,
voting machines need to produce transactions that are
auditable. Officials need to be able to recount ballots,
trace problems, and eliminate errors. All the while,
they must never be able to identify who created which
ballot. This problem has engaged some of the brightest
minds in computer science and mathematics for a few
years now, with no agreement yet about how it can best
be solved.
Another big challenge, mentioned above, is independent
verifiability. California, for example, audits all its
elections by requiring that 1 percent of all paper
ballots be manually recounted, whether or not an
election is contested. But without the paper, such
recounts are not possible. As unpleasant as the Florida
2000 election was, at least there was paper to recount.
With paperless electronic voting, on the other hand, a
catastrophic malfunction, such as a memory-wiping
freeze, can irretrievably lose all the votes collected
by the machines.
To date, efforts to add verifiability have focused on
adding paper back into the process. In fact, a paper
ballot serves two key roles. It gives election officials
something to recount in a contested election. In
addition, when voters mark—or at least get to look
at—a paper ballot when voting, they can be sure the
ballot correctly represents their intended votes.
Getting electronic voting machines to generate this
so-called voter-verified paper audit trail is a key goal
of many critics of the current technology. [See, for
example, "A Better Ballot Box?" by Rebecca Mercuri,
Spectrum, October 2002.]
The electronic tally stored in the machine can be
taken to be the official vote; in this case the
separately printed ballots are scanned only when an
election is contested. Alternatively, the paper ballots
can be scanned immediately, and that result is the
official one. In either event, if something goes wrong
with the election, the paper ballots can then be
counted, and recounted—by hand if necessary.
Next month, Nevada will use electronic voting machines
made by Sequoia that produce paper ballots. It will be
the first U.S. state to do so, though only in some
counties. Unfortunately, the Sequoia machines use a
continuous paper roll, so voter confidentiality could
conceivably be compromised by matching ballots to the
order in which people voted. Simply cutting the roll
after each vote and letting the slips of paper fall into
a box at random would be an improvement.
The importance of backing up the electronics with a
paper trail was underscored in the 20 April report by
California Secretary of State Shelley, in which he
mandated the addition of an accessible, voter-verified,
paper audit trail for all newly purchased
direct-recording electronic systems and a retrofit for
existing ones by July 2006.
These Fundamental
Issues—how to verify electronic votes, how
to test e-voting hardware and software, and how to
maintain the security and integrity of e-voting
systems—logically fall under the province of
legislative authorities and standards bodies. Yet the
United States has tied its own hands in this regard.
One logical legislative opportunity was in the
language of the Help America Vote Act (HAVA) of 2002,
which fueled the rush to electronic voting throughout
the United States, with more than $3 billion to be used
by state and local governments to replace their old
punch-card and lever systems. An additional $30 million
of HAVA money was supposed to have been allocated to the
National Institute of Standards and Technology,
Gaithersburg, Md., to support the development of more
stringent election system examination criteria than
those developed by the Federal Election Commission in
1990 and 2002.
Unfortunately, the NIST funding was not distributed,
and technical commission appointments were stalled. Even
if a more timely standard had been produced, the cart
was put before the horse: receipt of HAVA monies for
equipment purchases was not linked to compliance with
any new HAVA requirements. As a consequence, no machine
currently in use has HAVA certification, since no such
certification actually exists, nor, once it does exist,
is it likely to be enforceable by 2006, the deadline set
by HAVA for all the new systems to be in place.
Although HAVA requires that newly purchased voting
units "produce a permanent paper record with a manual
audit capacity for such system," election officials and
vendors have let this clause be satisfied by just a
paper strip on which vote totals are printed at the end
of the election. That strip would be useless if a real
recount were required. U.S. Representative Robert
Wexler, of election-impaired Palm Beach, Fla., refers to
this printed summation as a "reprint" rather than a "recount."
In the absence of a voter-verified paper audit trail,
the security of a voting system rests squarely on there
being some kind of certification process. Yet certifying
equipment even to the 2002 standard is proving to be
problematic, since it is voluntarily adopted by the
states, and not all have signed on yet. Only three
companies are authorized to perform the commission's
examinations, which are paid for by the vendors—an
arrangement that many critics say compromises the testing.
Even after a system is certified, election officials
must strive to ensure that the system that voters use on
Election Day is the same as the system that was tested.
Yet federal guidelines don't require any kind of
electronic or digital signature to track software from
certification to installation (although HAVA
commissioners have lately said this would be a good idea).
This security hole and many others were identified by
experts several years ago, in comments on the earlier
2002 Federal Election Commission certification
guidelines. To address these problems, the IEEE
Standards Association had formed a working group on
voting standards. The importance of this work was
recognized in the HAVA bill, where the IEEE was named as
a representative body to the federal Technical
Guidelines Development Committee of the U.S. Election
Assistance Commission.
The IEEE working group has had its share of
controversy, largely over the question of voter-verified
paper audit trails. During the fall of 2003, Herb
Deutsch, a longtime ES and S employee, was appointed to
chair the IEEE Voting Equipment Standards primary
working group (P1583), and an attempt was made to push a
draft of the standard through the acceptance process.
This first P1583 draft omitted any mention of
requirements pertaining to voter-verified paper audit
trails. The draft also included what some say is a major
security loophole: a blanket exemption for all
commercial off-the-shelf components, including operating
systems such as Windows or Unix and standard hardware
modules such as modems and wireless transceivers. The
2002 Federal Election Commission's guidelines have the
same exemption. "The 2002 FEC standard was our starting
point," Deutsch notes. "So our first draft was built on
that, and we thought major improvements were made."
Protests by IEEE members, academicians, and other
concerned individuals led to the submission of more than
1000 specific comments, which have taken nearly a year
to resolve. The IEEE new draft does cover the issue of
voter-verified paper audit trails, though it does not
require them.
Should every electronic voting machine include a paper
audit trail? "That's a question of policy," says
Deutsch. "This is a requirements standard, it's not a
design standard. Policy will be set by governmental
agencies. California has made a paper audit trail
mandatory, some other jurisdictions haven't, so the
standard has to cover both."
Proponents of paper audit trails still fear, however,
that if a direct-recording electronic voting machine has
no paper output, there will be nothing to audit an
election with. Deutsch believes that the standard will
have provisions for adequately dealing with security and
auditability for direct-recording systems that don't
have a paper audit trail. Even among those who don't
agree, there seems to be a growing acceptance of the
idea of letting the standard treat paper audit trails as
an option, for now. Since the original draft didn't
mention paper audit trails at all, proponents can
certainly feel some progress has been made. Deutsch, for
his part, says that a standard, once it exists, can
always be improved, but if the P1583 committee doesn't
approve this version in the next few months, the
Election Assistance Commission may look elsewhere for a standard.
Meanwhile, Computer
Scientists continue to argue about whether
sufficient auditability can be provided without paper.
Certainly, many electronic funds transactions are
conducted without paper, using encryption techniques to
track the communications. To date, though, no one has
come up with the rigorous mathematical proofs necessary
to fully justify assertions of their implementation's correctness.
The cryptographer David Chaum, an inventor of
electronic cash, among other things, has demonstrated a
unique approach to voting and auditing elections, using
multiple layers of encryption. Basically, Chaum's system
lets election officials post electronic ballots to the
Internet. Voters can then check that their votes were
included in the election tally. [See diagram, ."]
Although paper is still needed, Chaum's proposal is
important because it is the first system whose
electronic tallies are as reliable as a count of the
paper ballots, while still preserving voter anonymity.
But it is not likely to be adopted soon, because of its
theoretical complexity. It also creates a potential new
problem: one of its stages involves using trusted
intermediaries to scramble the votes in a way that
preserves anonymity. If these third parties were to
collude with one another, anonymity could be compromised.
Even after the mathematical problems are solved, fully
securing the vote will still require the active
involvement of a well-educated and even skeptical
citizenry. Voting is a complicated social phenomenon
whose difficulties cannot be resolved simply by throwing
technology at it. Voting machines have to be physically
secure before, during, and after Election Day. Election
workers need to be well trained and able to deal with
the problems inherent in any technology. (As the saying
goes, To really screw things up, you need a computer.)
It's unusual and more than a bit surprising that in
the short term, technologists want to slow down the move
to electronic systems while many election officials are
ready to speed ahead. If the officials started down the
electronic voting path by underestimating the problems
of deploying the technology, computer scientists may
have underestimated the long-standing difficulties of
conducting traditional all-paper elections. Election
officials now seem to be coming to understand the merits
and demerits of electronic voting systems. Overall, the
current debate over electronic voting has certainly
raised the bar for election equipment. And every year,
we get a chance to do better.
The writer gratefully
acknowledges Rebecca Mercuri's invaluable help in
the preparation of this article.
There are a number of sites devoted to improving
electronic voting security and reliability. Among them
are those of the nonprofit Verified Voting Foundation
Inc. (http://verifiedvoting.org);
Black Box Voting, a site created by Bev Harris, author
of a self-published book of the same name
(http://www.blackboxvoting.com); and
Rebecca Mercuri's Notable Software Inc.
(http://www.notablesoftware.com).
The Organization for Security and Co-operation in
Europe, in Vienna, a 55-nation consortium that plans to
send observers to monitor the 2004 U.S. presidential
election, can be found at
http://www.osce.org. In addition, the
Verified Voting Foundation is also organizing and
training technology experts to monitor the election. As
of August, more than 700 volunteers had signed up. For
details, see
http://vevo.verifiedvoting.org/techwatch/.