Tag Archives: recount

Post-Election Terminology

During the extended count and litigation, we are hearing a lot of terms tossed around that are usually the special reserve of election law geeks.  So here is a quick primer on some of these terms.

Audit — This term typically covers the process of double-checking the count.  While not every state does an audit, and the audit process differs from state to state, there are some aspects that are shared by several states.  First, the most simple audit is simply a check that the machines are functioning properly.  This typically involves a “test deck” with a known count to see the machine records the count correctly.  Second, several states do a hand count of random precincts and random races.  As with the test deck, the hand count is to make certain that the machines are roughly correct. Of course, a hand count will pick-up some ballots that the machine is unable to read.  If this part of the audit reveals a significant deviation from the machine count, it can be expanded to cover more precincts and more races.  Third, some states do other types of machine tests to verify the programming.  Fourth, depending on the state, an audit might include checks to make sure that the counts of ballots and voters match.

Canvass — This term is somewhat slippery as it is sometimes used to refer to local processes and state processes and often includes the certification process.  At it’s most simple, it refers to the local process of reviewing ballots — primarily absentee and provisional — and making sure that the vote totals from all precincts and voting centers are accurately recorded.    If there is time, the canvass can include an attempt to resolve any discrepancies in the counts of ballots and voters. Continue Reading...

Posted in 2020 General Election | Also tagged , , , , Comments Off on Post-Election Terminology

Every Vote Counts — Spawn of Satan Edition

Tuesday night saw two very, very close elections.  In a special election in a deep red U.S. House district in Ohio, the Democrat is currently trailing by about 1,500 votes before provisional and the remaining absentee ballots are counted.  In the Republican primary for Governor, Secretary of State (Spawn of Satan) Kris Kobach is leading current Governor Jeff Colyer (who only recently replaced Sam Brownback as governor) by approximately 110 votes as mistakes in the numbers on the Secretary of State’s website are being corrected.

What comes next in both states is slightly different as the process of counting the votes is governed by state law.  In both states, the current count does not include provisional votes — those cast by voters whose names were not on the precinct roll or who lacked proper ID — and late arriving absentee votes (as long as postmarked before the election).  Kansas has a shorter time-frame for these issues.  In Kansas, all absentee votes must arrive by the Friday after the primary and the counties will begin their official canvass — which includes counting all valid provisional and absentee votes this upcoming week (August 13-16).  In Ohio, those who cast provisional ballots have until seven days after the primary (August 14) to submit supporting documentation (e.g., show up with valid ID) to their local election authority and any absentee ballot received by ten days after the primary (August 17) counts with the canvass beginning on the 18th.

Because Ohio has such a long time for absentee ballots to arrive, we still don’t know how many ballots we are dealing with in Ohio.  We know that there are around 3,000 provisional ballots.  We also know that there are over 5,000 people who applied for absentee ballots who did not return them by election day.  How many of those 5,000 absentee ballots are in the mail is the unanswered question.  Generally speaking, provisional ballots tend to lean Democratic but absentee ballots are more of a mixed bag.  In Kansas, there were approximately 9,000 provisional ballots and current estimates are that around 6,000 of those provisional ballots are for the Republican primary.  (As should not be surprising, about 3,500 of the 9,000 are in Sedgewick County — Wichita — and Johnson County — affluent suburban Kansas City with another 1,400 in Douglas — Lawrence/University of Kansas — and Shawnee — the state capitol of Topeka and Wyandotte — less affluent Kansas City suburbs.  The next largest county has about 200 provisional ballots).  I have not seen any count of absentee ballots. Continue Reading...

Posted in Elections, Primary and Caucus Results, Uncategorized | Also tagged , , , , , Comments Off on Every Vote Counts — Spawn of Satan Edition

Audit vs. Recount

Over the last two weeks, there has been much discussion of the recounts requested by the Green Party in Michigan, Pennsylvania, and Wisconsin.   Some of this request is based on discrepancies in results depending upon the type of voting technology use, but others think that those discrepancies can be explained by the demographics of the counties.  Historically, the gap in the states in which the recounts are being requested is larger than the typical swing from a recount.

What these requests do demonstrate is the need for a regular and public audit process for the election.  Many states do have an audit or verification process, but it needs to be public.  (One of the few states that do have such a process is Arizona which not only does an audit but requires the counties to submit the results to the state and the state publishes that information on-line.)   Saying that there should be an audit does not however define what a proper audit should do.

Continue Reading...

Posted in Elections | Also tagged , , Comments Off on Audit vs. Recount