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So far, at least, Murphy's Law has been a bigger problem than fraud. Many jurisdictions, especially those with long or bilingual ballots, have struggled to program their computers perfectly, and there have been scattered reports of glitches. In three Virginia cities, for example, electronic voting machines have inadvertently shortened the name of the Democratic candidate in one of the tightest Senate races in the nation. In Charlottesville, Falls Church and Alexandria, James H. Webb's name will appear on the ballot summary screen page simply as "James H. 'Jim'"--with no last name. Sounds like a crisis--except that the same thing happened in the June primary and Webb still won.
A bigger worry concerns something that is least likely to happen--that someone will somehow meddle with the devices and manipulate vote tallies. It's not impossible. Princeton computer scientist Edward Felten and a couple of graduate students this past summer tested the defenses of a voting machine made by Diebold, a major manufacturer of such devices. Felten's team found three ways to insert into the machine rogue programs that allowed them to redistribute votes that had already been cast. In one instance, the testers had to take the machine apart with a screwdriver--an act likely to draw the attention of poll workers. But in two others, they were able to quickly infect the device with a standard memory-access card in which they had installed a preprogrammed chip. Other computer scientists have also breached electronic voting machines. Congressman Vernon Ehlers, a Michigan Republican who has been holding hearings this fall, says manufacturers "have produced machines that are very vulnerable, not very reliable and I suspect fairly easy to hack."
Concerns about fraud are heightened by the fact that with some electronic voting machines, there is no such thing as a real recount. When asked again for the tally, the computer could spit back the same response as the first time. For that reason, at least 27 states have built in a backup that requires electronic voting machines to provide an attached voter-verified paper trail--a running ticker that allows voters to see on paper that their votes are recorded as cast. That way, if there's a question about the electronic tally, the paper records can be counted by hand.
It was just such a paper trail that enabled Marilyn Jo Drake, the auditor in Iowa's Pottawattamie County, to suss out an anomaly in a county-recorder race she was monitoring in June. She noticed that a 20-year incumbent was being beaten 10 to 1 by an unknown newcomer. Sensing a glitch, Drake cross-checked the electronic results against the totals on the paper vote and discovered the veteran was actually well ahead. The problem, it turned out, was the way the candidates' names had been ordered and coded into the access cards that activated the machines, which were made by Omaha's ES & S. Drake says she should have caught the problem in the pre-election test runs. "It was human error both on their end and my end," she notes. Not every county will have an auditor as sharp-eyed as Drake--or an outcome as transparently false as the one she uncovered. "We were just plain lucky," she says.