Archive for the 'Election Administration' Category

Farewell (So It Seems) to Pence Kobach

January 3, 2018
posted by Bob Bauer

It ended on the most ironic of notes for a Republican administration. In disbanding the Pence Kobach "voter fraud" commission, the federal government put the blame on a lack of cooperation from states. The fault-finding would normally run in the reverse direction: The “feds” are supposed to be the culpable party, bulldozing over state sovereignty. Come to think of it, that is how many states did view the blundering Pence Kobach operation. But in this case, with a need to pin the failure on someone, the White House did not find the federalist uprising at all to its liking.

The administration wisely shut this initiative down. Pence-Kobach generated nothing but bad press and became a magnet for lawsuits. It earned the distinction of being sued by, among other parties, one its own members. Unable to produce a report that would have been taken seriously anywhere, in courts or legislatures, where it might have counted, it was useless. Why, then, continue and sink even lower?

It is not clear what this experience teaches other than the trap that zealotry sets for itself. The Commission’s goal was exactly what its founding suggested: riding on the president’s claim that fraud denied him a popular vote victory in 2016, a mostly familiar cast of “vote fraud” crusaders hoped to slap a spanking new cover, marked “federal government-approved,” on their old tall tale about an electoral process corrupted through-and-through by illegal voting. The plan was certain to fail.

It is true that commission time and again stumbled badly. But what it set out to do would have been hard to pull off anyway. Across the states, the years following the Florida recount debacle have seen a sharpened, data-driven and sophisticated focus on the very real problems with election administration. There has been true progress, much of it bi-partisan, representing a major step toward vitally needed professionalism. Election officials, civil society organizations, scholars and policy experts have produced valuable research, and they have launched and collaborated on productive reform initiatives. Given its leadership, staffing and objectives, Pence Kobach stood no chance of hawking its counterfeit product to an informed election administration and reform community, or counting on it to let its sales job pass without critical comment.

In 2016, Department of Homeland Security Secretary Jeh Johnson found that state election officials were suspicious of federal offers of assistance in defending their voting systems from cyber attack. He tried to persuade them to accept DHS designation of those systems as “critical infrastructure,” which would have given states access on a priority basis to a range of protections. The response he received ranged from “neutral to negative.” DHS concluded that, in the middle of an election, it was best not to have a protracted, politicized fight over this step. It focused on providing assistance where it could, and a large number of jurisdictions requested help. In January 2017, even with officials remaining skeptical about the designation, Secretary Johnson proceeded to issue it.

According to Johnson, and as further reflected in reporting by The Washington Post, election officials resisting this engagement with the federal government viewed it as a threat to” states rights.” At least one, Brian Kemp of Georgia, suspected that the Administration might be using the claimed Russian interference as a ploy to advance the political prospects of its favored candidate, Hillary Clinton.  Kemp and others were not convinced that the Obama Administration had properly fixed blame on the Russians. Congressional Republican leadership stayed close to their state allies on these points, also stressing the rights of states and declining to embrace the finding of Russian intrusions.

This is a revealing part of the 2016 story: government at war with itself, in the grip of partisanship, when under cyber attack from a foreign government. The attack was directed at the electoral process, and yet it was still not enough to produce a unified, fully coordinated federal and state response. For all the progress in bipartisan election administrative reform in recent years--and there has been a fair measure of it--Johnson’s account exposes key, and altogether familiar, structural obstacles.

In apparent haste, with not all its members appointed, the President issued the executive order establishing the Pence vote fraud Commission. The appointments still to come will add only marginally to an understanding of this Commission’s objectives. As the Order is written, and with the naming of Kansas Secretary of State Kobach as Vice Chair, those objectives are clear, and the outcome not hard to forecast. And yet there are extraordinary features to the Commission, none of them surprising, and none are the result of error or lack of foresight.

Begin with the leadership:

The Chair is the Vice President of the President who has announced that millions of illegal votes were cast in the last election, all against him (or for his opponent). Now Mr. Kobach, as Vice Chair, has joined the leadership ranks as a public supporter of the President’s claims.  He has said that the “White House has provided enormous evidence with respect to voter fraud.” This is untrue.   As for the problem of non-citizen voting, Kobach has asserted that there is a “lot of evidence” of it. This is also untrue. The larger point is that the Vice Chair of the Commission has reached these conclusions long ago, before a day of testimony or an hour of deliberation. What are the chances that this Commission will arrive at judgments contrary to the ones asserted so confidently by the President--and echoed by Mr. Kobach whose bid for national prominence rests on loudly ringing the alarm about voter fraud?

Now, onto the Commission's purposes:

Responses to a Pence Commission on Voter Fraud

February 15, 2017
posted by Bob Bauer

There seems to be a question of whether the media should provide platforms for Administration spokespersons who regularly use the airtime to disseminate falsehoods. “Truth matters,” Margaret Sullivan writes, and she worries that viewers will come away misled, as some might have last Sunday after Stephen Miller’s appearance in which he repeated the charge of “serious” voter fraud. But Sullivan misses the point that the Administration should be given every opportunity to say what it will on this subject (and others). We might regret that some in the audience, predisposed to believe these claims, may mistake them for facts. But Miller, following Trump, is helping, by speaking, to clarify the nature of this initiative, and it is important that it be understood.

One consequence of clear understanding will be the disinclination of true experts to participate in this process. Few with credibility will be anxious to sign up to validate the work of a Commission launched to validate a conclusion already reached. And, as Miller made clear, this conclusion rests on what “everyone”--at least everyone in New Hampshire--knows. It is hard to imagine who will take this “everyone knows” school of election administration seriously and risk their reputations by enrolling in it.

In the normal case, when a Commission-in-the-making is virtually founded on the rejection of expertise, its bid for respectability would be a long shot. But when its political purpose is plain, because it is the creation of candidates pursuing their own self-interest, it has no hope. The President’s staunchest political allies might stay with him on this, and he can count on groups that thrive on allegations of fraud. In the wider world of administrators and experts, both Democratic and Republican, the prospects of having to engage with this Commission will inspire dread.

This leaves members of this community with a couple of choices.

For all the talk about weaknesses in the electoral systems--about voter fraud or hacking or machine failure, or all of the above--experience with these types of claims or concerns suggests that, as matters of general public debate, they will soon fade. The rhetoric may linger, but little of use, such as practical reforms, is likely to follow.

This does not have to be the way the story ends. Six years ago, the Presidential Commission on Election Administration suggested at least two potentially helpful measures, one very concrete and urgent, and the other pressing but more politically complicated and so harder to execute. These reforms won’t satisfy everyone: they offer only so much to those with the darkest suspicions. But they would make a major difference in preventing a calamitous breakdown in the voting process and an even greater collapse of public confidence.

First, the Commission emerged from its study of various administrative problems to sound an alarm about the state of election equipment and voting technology. It elected to use the words "impending crisis”: It did so in the knowledge that election administrators across the country would not accuse it of exaggerating. What was leading inexorably toward crisis was:

The widespread wearing out of voting machines purchased a decade ago, the lack of any voting machines on the market that meet the current needs of election administrators, a standard-setting process that is broken down, and a certification process for new machines that is costly and time-consuming.
Jurisdictions looking to address the problem did not then, and most do not now, have enough money to do it, or to do it promptly.

The Commission also recommended that post-election audits of voting equipment should be conducted after each election "as part of a comprehensive audit program," with full disclosure about machine performance in a common data format. The Commission specifically endorsed both risk-limiting audits, intended to validate the election outcome with a sample of votes cast, and performance audits to address the question of whether the voting technology performed as required.