Our friend Brad Friedman has advanced a potential method to count more of the "double bubble trouble" ballots. This is a fairly complicated issue, but let me give you the overview. The ballot design was so terrible that there was an overlap between the American Independent Party candidates and the Democratic candidates on the ballot. In precincts where there were there no voters who requested an AI ballot, all of the votes can be counted. In the others, those votes cast for candidates in the 8-10 bubble slots will not be counted because there is no way to tell if a person intended to vote for an AI candidate or a Democrat.   Read More »

Great news! Dean Logan, the Los Angeles County Registrar of Voters has agreed to count every possible "double bubble trouble" vote. He will follow suggestions made by the Courage Campaign and Secretary of State Debra Bowen. This is a huge victory that would not have been possible without you. The 32,776 Courage Campaign members who signed the petition to the registrar were crucial to our ability to keep up the pressure until he agreed to Count. Every. Vote.

Rick Jacobs just got done testifying at the Los Angeles County Board of Supervisors and issued this statement to the press.   Read More »

Rick is on his way to the Los Angeles County Registrar Dean Logan's office right now. The press has been invited to watch Rick deliver the stacks of 31,798 petitions and books filled with stories from 591 voters who have written into the Courage Campaign, worried that their votes are not being counted.

While we await Rick's report, here is some news. Secretary of State Debra Bowen yesterday sent a letter (pdf) to Los Angeles Registrar Dean Logan, requesting that he do an analysis of each precincts Roster of Voters to determine how many Decline-to-State voters requested which ballot. Once he does that and those results are tallied then they can reconcile that information with the ballots cast by DTS voters in each precinct. From there they can make an informed decision about the ability to determine voter intent.

This is all pretty dense, but Bowen explains the goal and how this would work in practice:   Read More »

(cross-posted on Calitics)

Dean Logan, the acting Registrar of Voters in Los Angeles issued a detailed report (pdf) yesterday evening, following a 1% sampling of the Decline-to-State vote. Unfortunately, he is still refusing to count every possible ballot. Following his report, the number of uncounted ballots is estimated at 49,500, since the sampling showed that a significant portion intended to just vote non-partisan. We do not know the hard number, since he has only done a sampling, not pulled and examined all of the ballots. AP

Registrar Dean Logan said those improperly filled out ballots are impossible to count by hand because of the county's complicated voting system, which requires crossover voters to fill in two "bubbles": one to choose a political party and one to indicate their presidential choice.

"There's no way in looking at the ballot to discern voters' intent," Logan said after releasing preliminary findings about the flawed voting system.

Wrong. Voter intent, as the Courage Campaign has argued all along is clear. These voters requested a Democratic ballot, voted for a Democrat and just because they missed an extra bubble does not mean that you can't determine voter intent.

28,000 people have signed our petition to the Registrar demanding he count every possible vote. Have you signed yet?

Check the flip for more, including excerpts from a letter our lawyers sent back to Logan that specifically discuss voter intent and his obligations under the state Constitution to count every vote.   Read More »

(cross-posted on Calitcs)

Here is the latest on the "double bubble trouble". Today the Los Angeles Board of Supervisors held a hearing. Several people testified including Rick Jacobs and the Registrar of Voters Dean Logan. The good news is that Logan sounded amenable towards counting the votes, but made no specific promises.

Any Decline-to-State voter who failed to mark the extra bubble indicating that they wanted to vote in the Democratic primary has not been counted thus far. There are no guarantees it will happen and so we are continuing to press the issue until every vote possible is counted.

The Courage Campaign is doing three things right now.

1. Requesting that the L.A. ROV conduct a count of all DTS votes, precinct by precinct.



2. Requesting that the L.A. ROV immediately take steps to fix the DTS ballot design flaw for future primary elections



3. Asking DTS voters across Los Angeles County to hold on to the receipt of their vote ("voting stub") until further notice.

As to #3 on this list. If you are a DTS voter in Los Angeles County who asked for a Democratic Party ballot on Election Day and still have your paper receipt for voting ("voting stub") please let us know so our lawyers can insist that your ballot be counted.

OR

If you are a DTS voter in Los Angeles County and you had trouble at the polls and/or believe your vote may not have been counted.

Please use this form to report your story and receipt number if you have it on the Courage Campaign website.

Courage Campaign lawyer Steven Kaufman (of Kaufman Downing LLP) sent a new letter (pdf here) today to the L.A. ROV. Excerpts on the flip:   Read More »

(cross-posted on Crooks & Liars)

The Los Angeles County Registrar of Voters decided in they could save a few bucks by creating a complicated ballot design for the presidential primary. In 2008, that decision has now lead to the disenfranchisement of countless voters. What we don't know is the scope of the problem.

Here is the deal:

Almost 20% of California voters are registered as "Decline-to-State" (DTS). About 776,000 of these DTS voters live in Los Angeles County. To vote for President, like other DTS voters across the state, LA County DTS voters had to ask for a "Democratic Party ballot" on Tuesday (see funny, now prophetic video here).

However, in Los Angeles County -- and only Los Angeles County -- these DTS voters were given a special "Democratic Party" ballot that required voters not only to fill out a bubble for their favorite Democratic Party presidential candidate, but ALSO to fill in a bubble at the top that they wanted to vote "Democratic" -- a redundant requirement. According to the Los Angeles County ROV, if the DTS voter didn't fill in the redundant "Democratic" bubble, their vote would not be counted.

This is what we are calling "double bubble trouble".

The Courage Campaign, thanks to our lawyer Steven Reyes' eagle eyes, discovered that a failure to mark the "Democratic" bubble resulted in the vote not being counted. Regardless of the clear-cut intentions of voters, the Los Angeles County Registrar of Voters (ROV) is refusing to do what is necessary to count these ballots.

Now, under a national spotlight, the ROV must do the right thing and count these votes correctly. Voter intent is clear. Missing the top bubble (and it's easy to miss) after you already asked specifically for a "Democratic" ballot -- and voted for a Democratic candidate -- should not mean that your vote goes uncounted.

This is not about the candidates. This is about making sure every vote is counted.

Help us fight to make sure every vote is counted and that this never happens again.

(cross-posted on Calitics)

Here is the short story, if you are just coming to it right now. Chron:

The Los Angeles system requires that decline-to-state voters not only ask specifically for a Democratic ballot - but also fill in a special bubble on the ballot specifically indicating their desire to vote on the Democratic presidential ticket. Failure to fill in the bubble voids their presidential ballot.

The Courage Campaign has contacted Los Angeles County election officials "demanding that they count the votes and that they inform voters of this 'bubble trouble,"' said Jacobs. "They finally agreed they didn't know how to count the votes."

Our lawyer Steve Reyes caught this over the weekend. This problem has existed for several cycles and was caught late. The Obama campaign held a conference call with reporters about this earlier today and one of our lawyers Steve Kauffman was on it. They are very much concerned, as we are that voter intent will not be determined. The law is pretty clear on this.

The Clinton Campaign on the other hand...

But Averell "Ace" Smith, campaign manager for California campaign of Sen. Hillary Rodham Clinton, said he is mystified by the Election Day complaints from the Obama team, since the rules for decline to state voters - specifically the requirement that request Democratic ballots - have been a matter of public record posted on the California Secretary of State's web site for months.

"Every California campaign has known the ground rules on this for three months," he said. "I can't imagine why they waited until 2 pm. on Election Day to wake up ... it strikes me as strange. If you wait until the last minute to complain, they must really be worried we're going to win."

"We've certainly worked with our voters for months and months" to educate them on the process, he said. "They're blaming other people for not having done their homework...this is nothing more than a cynical attempt to create confusion."

   Read More »