By Margo Javelov, special PIME contributor | October 14, 2024
Even as most industrialized countries are abandoning electronic voting machines in favor of traditional paper-based systems, Michigan is bucking the trend. In fact, most European countries, including the United Kingdom, France, Germany, and the Netherlands, have banned or discontinued the use of electronic voting machines (EVMs) due to concerns about safety, accuracy, reliability, and verification of elections. Meanwhile, Michigan's use of these opaque ballot reading and tabulating systems is here to stay, at least through this November's election. Now, Michigan's Department of State is seeking to change the rules of their use.
In a recent public hearing, Patrick Colbeck provided polite but eye-opening feedback. For one, he cited expert estimates that EVMs cost about 10 times more than hand-counted ballots, which are estimated to cost $62 million nationwide. Despite their expense, the machines come with security vulnerabilities and reporting delays.
“In other words, it costs us 10 times more to have a vote tally system that we can’t examine than it would cost us to have a fully transparent system," Colbeck said.
“The rules are terribly inadequate.” He told the committee and presented a 126-page report containing the proposed rules and his suggestions for changes. His three-page summary and full report are available at migrassrootsalliance.org.
Colbeck summarized a compelling list of problems:
Only two of about a dozen devices are covered in the ruleset.
Status reports are insufficient to support a professional audit, including the Totals Reports from the tabulators.
No reference is made to preserving digital artifacts, in contrast to physical items like election materials—all required by law to be preserved for 22 months.
No reference is made to adjudication equipment, used to determine the intent of the voter when the tabulator cannot read ballots.
Networking Equipment, used to transfer digital election records, is not secured. In contrast, physical records are secured with seals on boxes and logs.
The rules replace audits, guaranteed by the Michigan Constitution, with Risk-Limiting Audits that only recount a select number of ballots up to 3 times to get the acceptable results. Not only are these RLAs insufficient to assure accuracy and integrity, they are not really audits. Also, the rules place these non-audit RLAs under the direction of the Secretary of State.
End to end system testing becomes optional. (This testing would have caught the 7,060 vote flip in Antrim County in 2020.)
What qualifies Colbeck as an expert? Maybe his background in engineering systems on the Space Station or his certification as a Microsoft Small Business Specialist. He was also a Certified Poll Challenger in 2020 and 2022 and a two-term Michigan Senator.
Colbeck cited the following additional problems:
System testing should examine the four critical links and compare the data in each: QVF, pollbooks, tabulators, and reports. Beginning in 2022 local clerks were prohibited from releasing requested pollbook data to election integrity monitoring groups working to compare this data against Qualified Voter Files.
No substantive guidance exists for machines used for mail-in ballots, electronic poll books, the Qualified Voter File, or vote tally chain of custody.
Contracts between the State of Michigan and electronic system vendors clearly show that the systems are connected to the internet with a significant amount of networked data transfers. Since electronic connections exist, election officials need to demonstrate that security protocols regarding internet connections are in place and effective.
Voting system vendors are not subject to Freedom of Information (FOIA) requests. Contracts prevent the examination of design and implementation except for a few, select election officials.
How peer countries count ballots
None of these nations—Australia, Canada, Finland, France, Germany, Ireland, Italy, Japan, Mozambique, Netherlands, Norway, Spain, Sweden, or the United Kingdom—rely on electronic voting systems.
Pulling a fast one to implement a bill before its time
Another additional and significant concern involves Senate Bill 603, slated to go into effect in 2025. This law grants sole discretion to the Secretary of State to determine eligibility of ballots to be recounted, even if the container is unsealed or if a precinct is out of balance. The SOS determines whether the explanation of these conditions is satisfactory or not.
The law, once in effect, will also make other significant changes to Michigan law:
Eliminates election fraud as the basis for a recount.
Eliminates investigative authority of boards of canvassers.
Doubles the costs when requesting recounts.
Significantly changes the procedures by which recounts may be conducted
According to Senator Jim Runestad, in 2020, 71% of precincts in Detroit did not balance (mostly due to overcounts—meaning more ballots than voters) and Wayne County was never truly certified. Runestad: Benson attempting to implement partisan 2025 laws in time for November election - Senator Jim Runestad and https://www.detroitnews.com/story/news/politics/2020/08/20/benson-asked-investigate-detroit-perfect-storm-voting-problems/5616629002/
The Democrat leadership had pushed to maneuver SB 603 to early implementation in time for this November's election. However, after public pressure and a demand letter from the RNC, it appears leadership tabled the idea of calling a meeting of the Legislature's Joint Committee on Administrative Rules (JCAR) and implementing early rule changes.
In an August 7 communication, Luke Bunting, Election Integrity Counsel with the RNC, told SOS Benson to “cease any attempt to adopt the proposed administrative ruleset.” (https://thefederalist.com/2024/08/22/michigan-secretary-of-state-tries-to-rush-potentially-illegal-rules-to-rig-the-november-election/) and RNC Letter re Proposed Rules and SB 603.pdf - Google Drive
RNC Spokesperson Christina Norton told MFE that the Republican National Committee will not hesitate to pursue legal action if the Bureau of Elections continues to attempt to effectuate the proposed ruleset before its effective date.
Members of the Boards of Canvassers were recently threatened by SOS Benson in a post on X, formerly Twitter, stating that if they do not certify the election, (whether they have concerns about the integrity or not) “we will come for you.” See: ‘We will come for you.’ Michigan's Secretary of State threatens canvass boards, fearing they may refuse to certify the November 5 election
Despite the fact that Secretary of State Benson has already lost eight election lawsuits in multiple courts regarding unlawful guidance during election. Judge Christopher Yates, a Democrat-appointed judge, issued her most recent defeat. Yates ruled unconstitutional her instruction to local election officials to presume the validity of signatures on absentee ballots and applications.
SOS Benson touted signature verification as more effective than voter ID when she was fighting against state voter ID laws.
What you can do:
Visit Check My Vote to see if someone you don't know is listed to vote and living in your house or any other house or property. Check the box if there is an incorrect name listed.
Join PIME's weekly News@Noon calls to participate in weekly updates on legislative and other issues, participate in committees, investigate problem areas, encourage your neighbors to vote, and clean the voter rolls through MFE’s Soles to Rolls program.
Volunteer in a number of different ways. Help restore transparency and integrity into the election process.
Learn how We The People can win back and secure OUR Future.
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Michigan Fair Elections Institute Publishes and Distributes
Handy Summary of State’s Election Laws
Michigan Fair Elections Institute (MFEI) releases Michigan Election Law Summary and FAQs, a 48-page, plain-spoken summary of top questions and answers about the state’s election laws.
To download a free copy of the Summary, click HERE, or scan the QR code below.
Election Integrity Network (EIN) is excited to share the graphics below to be used to encourage voters in your state (and across the country) to get out and VOTE as soon as possible and in-person!
VIP1 is a campaign to encourage voters to Vote In Person on Day 1. And VIP ASAP for those of you in states where early voting has already started. Please note there are two graphics for both VIP 1 and VIP ASAP. Please feel free to use these graphics on social media, print materials, and via email to your distribution lists. Enjoy!
The views and opinions expressed in this commentary are those of the author's and do not reflect the official position of the Pure Integrity Michigan Elections. Every article written by an PIME author is generated by the author or editor alone. However, links or images embedded within the article, may have been generated by artificial intelligence.