Part 11: The Evolution of Counting Votes

We have come a long way since counting raised hands!

As I was preparing my recent argument in front of the Minnesota Court of Appeals , one US Supreme Court Case I cited in my briefs really jumped out at me.  The 1992 case of Burson v. Freeman, authored by our own Minnesota Native, Justice Harry Blackman.  In this case, Justice Blackman traces the history of how our election system evolved from the showing of hands to an ad hoc system of paper ballots, eventually to a uniform “secret ballot.” In describing this evolution of the ballot process, Justice Blackman articulated what he called, “a persistent battle against two evils: voter intimidation and election fraud.”

What we are now witnessing is today’s modern world version of this evolution of the ballot box.  There is now widespread – perhaps universal -- use of electronic ballot boxes – in America.  This means that people no longer open the ballot box and count the votes.  Instead, machines are now used to receive, count, compile, transmit, and report our elections.   Close to my heart, Justice Blackman talks about the commonsense conclusion that there is a direct “link between ballot secrecy and a restricted zone surrounding the voting area…”  I say, “HERE HERE" - the voting and vote count area should be protected!

In our new world of machine counting of votes, we must continue to find ways to preserve the sanctity of the ballot and the election process.  The public is repeatedly told that these electronic voting machines are safe, secure, and foolproof.  Yet, any attempt by the public to test this hypothesis is met with aggressive lawyering and jawboning. 

Continued government denial and demonizing, however, will not eliminate the public’s justifiable demand that our election process be transparent and subject to accountability.  As a State, we must find a way to have our process of checks and balances evolve, as election technology evolves. 

Listening to the government respond to our requests, one would think we were asking the court to create new checks and balances out of thin air.  To the contrary, we simply asking the Courts to implement the directives included in State Statute – Minn. Govt. Disclosure Practices Act, Modem Prohibition, and the requirement that election systems be inspected and certified. 

As the technology of voting evolves, we must demand that those entrusted with implementing the process do so through an open and transparent process.

For more information on the specifics of this lawsuit, visit my profile at www.albertlealaw.com and look for the #transparencyproject link.

Matt Benda

Albert Lea Attorney and Community Advocate