Voting Systems in the May 2010 Primaries

Tuesday, May 4, 2010
By Verified Voting

The 2010 primary season heats up this month, with Indiana, Ohio, and North Carolina voting today. 10 states in all will hold primaries for statewide and federal office.  The May primaries include a contested race for the Republican nomination for Governor of Ohio, contested Democratic U.S. Senate primaries in Ohio, Pennsylvania, and Arkansas, and a contested Republican primary for the U.S. Senate in Kentucky.  The May primary states are: Indiana, North Carolina, and Ohio on May 4; Nebraska and West Virginia on May 11; Arkansas, Kentucky, Oregon, and Pennsylvania May 18; and Idaho on May 25.

The May primary calendar is a reminder of the work we have yet to do to establish the two fundamentals of verified voting: a reliable voter-verified paper record (VVPR) of every vote, and a manual audit of a random sample of ballots.  Read more for a summary of voting systems in the May primaries.

Voting Technology in The May Primaries: The Big Picture

  • Only two states, North Carolina and West Virginia, both provide a voter-verifiable paper record for every vote and will audit their May primaries.  Both states rely heavily on direct-recording electronic voting machines with a paper trail printout that the voter can view before casting her vote.  These printers are better than the paperless alternative, but problematic; North Carolina, Ohio and other jurisdictions have in recent years experienced extensive printer failures that caused election officials to rely solely on electronic records. Verified Voting strongly supports phasing out the use of these printers in favor of voter-marked paper ballots and accessible ballot markers for voters with disabilities.
  • Ohio votes on DREs with paper-trail printouts and paper ballots, but as of this time, the state does not plan to audit the May 4 primary.  The settlement in the case League of Women Voters v. Brunner requires the Secretary of State to order manual audits of general elections and Presidential primaries through 2014 – but non-Presidential primaries are exempt. Advocates are currently spearheading an effort to sponsor a voluntary audit of the primary.  We will provide more information on this effort soon.
  • Oregon, Nebraska, and Idaho vote on paper ballots, but their laws do not require audits. (Oregon’s law requires an audit of general elections).
  • Kentucky provides a hopeful note: in 2008, approximately 25% of voters lived in counties that used optically scanned paper ballots as the primary voting system, and most of the state voted on DREs. In 2010, almost three fourths of voters live in counties that use paper ballots as the major voting system.  The state also has a manual audit law that has not been implemented due to the lack of auditable equipment.  The Secretary of State’s office is considering an audit of the November election.
  • Pennsylvania’s and Indiana’s primaries will be mostly paperless.  In Arkansas, all but three counties use voting systems that provide a voter-verifiable paper record.  96% of Arkansas voters live in a county that provides a VVPR.
  • Among the 10 states combined, ES&S equipment dominates. 500 counties, with 61% of total voters (22.3 million voters out of 36.5 million total), use ES&S voting systems.  80 counties among these states, with about 14% of the total voters (5.2 million voters) use Premier equipment.  ES&S’s acquisition of Premier remains in effect until a Federal court issues a final judgement in the Department of Justice antitrust action.
  • For more information, see a detailed breakdown of state voting systems, audit provisions, and recount laws.
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