My improved NJ VVPB audit law

[FogerRox]

Here is the original--
------------

S507 GILL
2
AN ACT providing for audits of the results of elections and 1
supplementing chapter 61 of Title 19 of the Revised Statutes. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. a. Notwithstanding any law, rule or regulation to the contrary, 7
the Attorney General shall appoint each year an independent audit 8
team. It shall conduct random hand counts of the voter-verified 9
paper records in at least two percent of the election districts where 10
elections are held for federal or State office, including the offices of 11
Governor and member of the Legislature, and for county and 12
municipal offices selected by the Attorney General. Hand counts 13
shall also be made of the results of at least one voting machine in 14
one election district in each county where elections occur each year. 15
The number and composition of the audit team shall be at the 16
discretion of the Attorney General, except that at least one member 17
shall have verifiable expertise in the field of statistics. 18
b. The independent audit team shall conduct an audit of the 19
results of an election in accordance with the following procedures. 20
(1) No later than 24 hours after the final vote count after an 21
election, the Attorney General shall determine and then announce 22
publicly the districts in the State in which audits shall be conducted. 23
(2) With respect to votes cast at the election district on the date 24
of an election other than by provisional ballot, the independent 25
audit team shall count by hand the voter-verified paper records and 26
compare those records with the count of such votes announced by 27
the county boards of elections. 28
(3) With respect to votes cast other than at the election district on 29
the date of the election, or votes cast by provisional ballot on the 30
date of the election that are certified and counted by the county 31
board of elections on or after the election, including votes cast by 32
military service voters and overseas federal election voters, the 33
independent audit team shall count by hand the applicable voter- 34
verified paper records and compare those records with the count of 35
such votes announced by the county boards of elections. 36
(4) The selection of the election districts and county and 37
municipal elections to be audited shall be made by the Attorney 38
General on a random basis using a uniform distribution in which all 39
districts and county and municipal elections have an equal chance 40
of being selected, in accordance with such procedures as the 41
Attorney General deems appropriate, except that at least one voting 42
machine in one district shall be selected for an audit in each county 43
in the State. 44
(5) As soon as practicable after the completion of an audit 45
conducted pursuant to P.L. , c. (C. )(now pending before the 46
Legislature as this bill), the Attorney General shall announce 47
S507 GILL
3
publicly and publish the results of the audit and shall include in the 1
announcement a comparison of the results of the election in the 2
districts, as determined by the independent audit team performing 3
the audit, and the final vote count in the districts as announced by 4
the county boards of elections. 5
(6) No county shall certify the results of any election that is 6
subject to an audit performed pursuant to P.L. , c. (C. ) 7
(now pending before the Legislature as this bill) prior to the 8
competition of the audit and the announcement and publication of 9
the results thereof as required by paragraph 5 of this subsection, 10
except to the extent necessary to permit the State to make a final 11
determination with respect to any controversy or contest concerning 12
the appointment of its electors for President or Vice President of the 13
United States prior to the deadline established in section 6, Title 3 14
of the United States Code. 15
(7) If the Attorney General determines that any of the hand 16
counts conducted under P.L. , c. (C. )(now pending before 17
the Legislature as this bill) show cause for concern about the 18
accuracy of the results of any election in the State, or in a county or 19
a municipality, or with respect to a particular election, the 20
independent audit team may conduct hand counts under this act in 21
such additional election districts as the Attorney General considers 22
appropriate to resolve any such concerns. 23
24
2. This act shall take effect on January 1, 2008. 25
26
27
STATEMENT 28
29
The purpose of this bill is to establish a procedure for the 30
mandatory audit of election results each year in randomly selected 31
voting districts in the State. The audit would be conducted by an 32
audit team appointed by the Attorney General, who would also have 33
discretion as to the number and composition of such a team but it 34
must include at least one member who has verifiable expertise in 35
the field of statistics. It will conduct random hand counts of the 36
voter-verified paper records in at least two percent of the election 37
districts where elections are held for federal or State offices, 38
including the offices of Governor and member of the Legislature, 39
and for county and municipal offices selected by the Attorney 40
General. Hand counts will also be made of the results of at least 41
one voting machine in one election district in each county where 42
elections occur each year. 43
Under the bill, the Attorney General will determine and then 44
announce publicly the districts in the State in which audits will be 45
conducted within 24 hours after the final vote count for an election. 46
Votes cast by electronic voting machines, provisional ballots 47
absentee ballots and military and overseas federal election voters 48
are to be included in the audit. If the Attorney General determines 49
S507 GILL
4
that any of the hand counts show cause for concern about the 1
accuracy of the results of any election, the independent audit team 2
may conduct hand counts in such additional election districts as the 3
Attorney General considers appropriate to resolve any such 4
concerns. 5
The bill takes effect on January 1, 2008, which is the date by which 6
voter-verified paper records must be operational on electronic 7
voting machines used in this State, pursuant to P.L.2005, c.137. 8

[FogerRox]

1. here are my changes-- in bold

S507 GILL
2
AN ACT providing for audits of the results of elections and 1
supplementing chapter 61 of Title 19 of the Revised Statutes. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. a. Notwithstanding any law, rule or regulation to the contrary, 7
the Attorney General shall appoint each year an independent audit 8
team. It shall conduct random hand counts of the voter-verified 9
paper records in at least five percent of the election districts where 10
elections are held for federal or State office, including the offices of 11
Governor and member of the Legislature, and for county and 12
municipal offices selected by the Attorney General. Hand counts 13
shall also be made of the results of at least one voting machine in 14
one election district in each county where elections occur each year. 15
The number and composition of the audit team shall be at the 16
discretion of the Attorney General, except that the Audit Team
shall be led by an expert, holding at least a Masters degree in
statistics.
b. The independent audit team shall conduct an audit of the 19
results of an election in accordance with the following procedures. 20
(1) No later than 24 hours after the final vote count after an 21
election, the Attorney General shall determine and then announce 22
publicly the districts in the State in which audits shall be conducted. 23
(2) With respect to votes cast at the election district on the date 24
of an election other than by provisional ballot, the independent 25
audit team shall count by hand the voter-verified paper records and 26
compare those records with the count of such votes announced by 27
the county boards of elections. 28
(3) With respect to votes cast other than at the election district on 29
the date of the election, or votes cast by provisional ballot on the 30
date of the election that are certified and counted by the county 31
board of elections on or after the election, including votes cast by 32
military service voters and overseas federal election voters, the 33
independent audit team shall count by hand the applicable voter- 34
verified paper records and compare those records with the count of 35
such votes announced by the county boards of elections. 36
(4) The selection of the election districts and county and 37
municipal elections to be audited shall be made by the Attorney 38
General on a random basis using a uniform distribution in which all 39
districts and county and municipal elections have an equal chance 40
of being selected, in accordance with such procedures as the 41
Attorney General deems appropriate, except that at least one voting 42
machine in one district shall be selected for an audit in each county 43
in the State. 44
(5) As soon as practicable after the completion of an audit 45
conducted pursuant to P.L. , c. (C. )(now pending before the 46
Legislature as this bill), the Attorney General shall announce 47
S507 GILL
3
publicly and publish the results of the audit and shall include in the 1
announcement a comparison of the results of the election in the 2
districts, as determined by the independent audit team performing 3
the audit, and the final vote count in the districts as announced by 4
the county boards of elections. 5
(6) No county shall certify the results of any election that is 6
subject to an audit performed pursuant to P.L. , c. (C. ) 7
(now pending before the Legislature as this bill) prior to the 8
competition of the audit and the announcement and publication of 9
the results thereof as required by paragraph 5 of this subsection, 10
except to the extent necessary to permit the State to make a final 11
determination with respect to any controversy or contest concerning 12
the appointment of its electors for President or Vice President of the 13
United States prior to the deadline established in section 6, Title 3 14
of the United States Code. 15
(7) If there is any discrepancy between a Machine tally and the
Voter Verified Paper Records, the Voter Verified Paper Records
for each effected race shall be hand counted and be deemed the
Official Results.
8) If 2 or more races are found to have discrepancies between
the Machine tally and the Voter Verified Paper Records, all like
voting equipment in the state must be undergo a 100% audit by
hand counting all Voter Verified Paper Records. The Voter Verified
Paper Records for each effected race shall be deemed the
Official Results.



This act shall take effect on January 1, 2008. 25
26
27
STATEMENT 28
29
The purpose of this bill is to establish a procedure for the 30
mandatory audit of election results each year in randomly selected 31
voting districts in the State. The audit would be conducted by an 32
audit team appointed by the Attorney General, who would also have 33
discretion as to the number and composition of such a team but it 34
must include at least one member who has verifiable expertise in 35
the field of statistics. It will conduct random hand counts of the 36
voter-verified paper records in at least five percent of the election 37
districts where elections are held for federal or State offices, 38
including the offices of Governor and member of the Legislature, 39
and for county and municipal offices selected by the Attorney 40
General. Hand counts will also be made of the results of at least 41
one voting machine in one election district in each county where 42
elections occur each year. 43
Under the bill, the Attorney General will determine and then 44
announce publicly the districts in the State in which audits will be 45
conducted within 24 hours after the final vote count for an election. 46
Votes cast by electronic voting machines, provisional ballots 47
absentee ballots and military and overseas federal election voters 48
are to be included in the audit. If the Attorney General determines 49
S507 GILL
4
that any of the hand counts show cause for concern about the 1
accuracy of the results of any election, the independent audit team 2
may conduct hand counts in such additional election districts as the 3
Attorney General considers appropriate to resolve any such 4
concerns. 5
The bill takes effect on January 1, 2008, which is the date by which 6
voter-verified paper records must be operational on electronic 7
voting machines used in this State, pursuant to P.L.2005, c.137. 8

[FogerRox]

2. I have read about a dozen states VVPB laws

Some state law mandates a increased audit if a discrepancy arises, some allow for a 0.1% discrepancy. TO me these provisions allow for lengthy remedies and do not get to the crux of the matter: Increased Voter confidence in the election process.

If a discrepancy arises-- dont pussy foot around-- count 100% of the paper right away, this does not allow for lengthy additional higher % audits, and should make the results clear in the shortest amount of time.

It is my understanding that a 5% audit starts to be an effective tool.

Using a 1% audit-- With 1% precincts corrupted there is a 18.37 chance of finding the corrupted precinct.

Using a 1% audit-- With 1% precincts corrupted there is a 40.27 chance of finding the corrupted precinct.

According to this--

http://uscountvotes.org/ucvAnalysis/US/paper-audits/Paper_Audits.pdf

Also-- I will be including Rebecca Mercuri's ping pong ball LOTTO drawing idea to pick which precincts to audit.

[Wilms]

3. Is there a typo?

Using a 1% audit-- With 1% precincts corrupted you indicate both an 18.37 and a 40.27 chance of finding the corrupted precinct.

[FogerRox]

4. ooops-- I was rushing to go to the local anti war protest

Should read-

Using a 1% audit-- With 1% precincts corrupted there is a 18.37 chance of finding the corrupted precinct.

Using a 5% audit-- With 1% precincts corrupted there is a 40.27 chance of finding the corrupted precinct.

edited to hide my mistake from Wilms

[Wilms]

5. You're still rushing, you war-hater, you. Allow me.

Using a 1% audit-- With 1% precincts corrupted there is a 18.37 chance of finding the corrupted precinct.

Using a 5% audit-- With 1% precincts corrupted there is a 40.27 chance of finding the corrupted precinct.


Let us know if that's correct.

Thanks Foger.