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Fixing constitutional flaws in future elections

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Daniel W. Rouse Jr.

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Nov 7, 2012, 9:39:29 PM11/7/12
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I propose that a US Constitution amendment be made to fix all the flaws in
state and presidential elections. This constitutional amendment would trump
all existing state laws. At the minimum:

1. Replace the electoral college with one person/one vote. Only the popular
vote count determines the election.

Rationale: it makes no sense to have some states have more weight towards a
candidates electoral votes than any other state. It also gets rid of the
whole winner of the state takes all electoral votes nonsense when it makes
more sense to divide a state's total electors by the percentage of the
popular vote they got in that state.

2. Eliminate provisional ballots--either the voter registered by the
deadline, mailed their mail-in ballot by the mail-in deadline, or they
missed the deadline and that's it. If they moved and didn't reregister by
the registration deadline--ineligible to vote. If they failed to mail their
mail-in ballot by the deadline--their vote is void and they cannot vote the
day of the election.

Rationale: provisional voting can be abused to attempt to cast multiple
votes in multiple precincts, and it delays the vote counts since the
provisional ballots are counted later and also have to be verified as valid
or disqualified as invalid. It is the voter's responsibility to register on
time and vote on time, or they don't vote in that election.

3. Vote verification--only a properly cast vote as defined by the ballot
rules counts, everything else is an error and shall not be counted as a
vote. This means the oval is bubbled in on bubble-in ballots, the chad is
fully punched on punch card ballots, and the touchscreen voting machine
results have been printed on the paper receipt. Any improperly cast vote is
void, and no recount shall consider improperly cast votes to be valid.

Rationale: if the voter marks the bubble-in oval with a checkmark or an 'X',
the vote is clearly specified as invalid right on the ballot; if the voter
only partially punches the chad, it is invalid because the instructions also
state to punch fully through, if the voter does not correct their erroneous
touchscreen vote--even in the case of a calibration issue if they continued
instead of flagged down a poll worker--then the results as printed on the
paper receipt will stand as their final votes. No more divining voter intent
from a incorrectly cast votes on the ballot, either the vote is cast as
specified, or it is void.

4. Poll worker responsibility: all poll workers shall have all voting
materials ready at the time the polls open.

Rationale: This means paper ballots and marking pens for the bubble-in
ballots, voting machines fully emptied of all chads for the punch card
voting machines, all touchscreen voting machines calibrated, and all voting
booths constructed and ready.

5. Overflow polling locations--backup voting locations shall be supplied
with voting materials and shall remain on standby. Upon notification of
excessively long lines to vote, the backup polling locations shall have
their location ready for voters within 1 hour of the notification. No backup
location shall open prior to notification, and no backup location shall have
votes cast without notification.

Rationale: hearing about 3 hour lines in one location, and up to 7 hours to
vote in another location.

Now, I haven't yet decided on the precise wording, but getting the idea out
there is a start. Discuss.

Sid9

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Nov 7, 2012, 10:58:40 PM11/7/12
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"Daniel W. Rouse Jr." <dwro...@nethere.comNOSPAM> wrote in message
news:9IydnTl5XtE5hgbN...@nethere.com...
3. The state of Florida allows up to three ballots in the event a voter
makes an error before the scanning process.
It's a fair rule. As a former poll worker people have come to me with
mismarked ballots and requested a replacement. The defective ballot is
voided and the precinct keeps a tally of ballots issued, replacement ballots
requested, ballots voided, and ballots remaining after closing hours. They
must tally correctly at the end of the day.

Dakota

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Nov 8, 2012, 1:08:11 PM11/8/12
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On 11/7/2012 8:39 PM, Daniel W. Rouse Jr. wrote:
> I propose that a US Constitution amendment be made to fix all the
> flaws in state and presidential elections. This constitutional
> amendment would trump all existing state laws. At the minimum:
>
> 1. Replace the electoral college with one person/one vote. Only the
> popular vote count determines the election.
>
> Rationale: it makes no sense to have some states have more weight
> towards a candidates electoral votes than any other state. It also
> gets rid of the whole winner of the state takes all electoral votes
> nonsense when it makes more sense to divide a state's total electors
> by the percentage of the popular vote they got in that state.
>
You side lost so you want to change the rules that have worked since
out nation was founded. In case you aren't aware of it, President
Obama won the popular vote in 2008 and 2012.

States are free to decide how their electoral votes are allocated. So
far, only Maine and Nebraska have abolished the 'winner take all'
system. In those states, electoral votes are divided among the state's
legislative districts. I have no problem with other states adopting
this method with the caveat that any gerrymandering of district
borders should be strictly scrutinized by the courts.
>
> 2. Eliminate provisional ballots--either the voter registered by the
> deadline, mailed their mail-in ballot by the mail-in deadline, or they
> missed the deadline and that's it. If they moved and didn't reregister
> by the registration deadline--ineligible to vote. If they failed to
> mail their mail-in ballot by the deadline--their vote is void and they
> cannot vote the day of the election.
>
> Rationale: provisional voting can be abused to attempt to cast
> multiple votes in multiple precincts, and it delays the vote counts
> since the provisional ballots are counted later and also have to be
> verified as valid or disqualified as invalid. It is the voter's
> responsibility to register on time and vote on time, or they don't
> vote in that election.
>
Ah. The phony 'voter fraud' scare that Republicans have used to
disenfranchise those who they fear might vote for the Democrats.

Potential delays in determining an election's outcome are not a reason
to disenfranchise a voter.
>
> 3. Vote verification--only a properly cast vote as defined by the
> ballot rules counts, everything else is an error and shall not be
> counted as a vote. This means the oval is bubbled in on bubble-in
> ballots, the chad is fully punched on punch card ballots, and the
> touchscreen voting machine results have been printed on the paper
> receipt. Any improperly cast vote is void, and no recount shall
> consider improperly cast votes to be valid.
>
> Rationale: if the voter marks the bubble-in oval with a checkmark or
> an 'X', the vote is clearly specified as invalid right on the ballot;
> if the voter only partially punches the chad, it is invalid because
> the instructions also state to punch fully through, if the voter does
> not correct their erroneous touchscreen vote--even in the case of a
> calibration issue if they continued instead of flagged down a poll
> worker--then the results as printed on the paper receipt will stand as
> their final votes. No more divining voter intent from a incorrectly
> cast votes on the ballot, either the vote is cast as specified, or it
> is void.
>
A 'hanging' chad on a ballot is not the fault of the voter and should
not be used as an excuse to void voters' obvious intent. I agree as
far as checkmarks and Xed markings on a bubble ballot are concerned.
However, if a bubble ballot not sufficiently filled in to allow
reading by a machine, humans should verify voter intent. It is
absolutely necessary that bipartisan teams be set up to verify the
voter's intent for any ballot that is questionable.
>
> 4. Poll worker responsibility: all poll workers shall have all voting
> materials ready at the time the polls open.
>
> Rationale: This means paper ballots and marking pens for the bubble-in
> ballots, voting machines fully emptied of all chads for the punch card
> voting machines, all touchscreen voting machines calibrated, and all
> voting booths constructed and ready.
>
I doubt that any of the states that use punch care machines start with
dirty machines. It may be necessary to empty the chads periodically
during the election and on days with high voter turnout.

Calibration of touch screen machines may drift during transport to the
voting sites. I agree that all such machines be tested before polling
begins.
>
> 5. Overflow polling locations--backup voting locations shall be
> supplied with voting materials and shall remain on standby. Upon
> notification of excessively long lines to vote, the backup polling
> locations shall have their location ready for voters within 1 hour of
> the notification. No backup location shall open prior to notification,
> and no backup location shall have votes cast without notification.
>
> Rationale: hearing about 3 hour lines in one location, and up to 7
> hours to vote in another location.
>
Early voting including Saturday voting can help to eliminate the long
lines on election day. Many people can't afford to take time off from
their jobs to vote on a Tuesday. Predictably, many red states opposed
or tried to limit early voting this year.
>
> Now, I haven't yet decided on the precise wording, but getting the
> idea out there is a start. Discuss.
>
You continue to demonstrate your ignorance of our Constitution. The
only issue you raised that requires a Constitutional amendment is the
elimination of the electoral college system. Each of your other
recommendations can be dealt with by individual states.

Please feel free to acquaint yourself with our nation's founding
document at the following link.

http://www.archives.gov/exhibits/charters/constitution_transcript.html

Daniel W. Rouse Jr.

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Nov 8, 2012, 1:16:50 PM11/8/12
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"Dakota" <ma...@NOSPAMmail.com> wrote in message
news:k7gseb$8hn$1...@dont-email.me...
[snip...]

> You continue to demonstrate your ignorance of our Constitution. The only
> issue you raised that requires a Constitutional amendment is the
> elimination of the electoral college system. Each of your other
> recommendations can be dealt with by individual states.
>
But a Constitutional amendment covering all that I mentioned would trump
state laws, override state laws, and standardize all states to the same
laws. I don't want state variation when it comes to elections.

[snip...]

Dakota

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Nov 8, 2012, 4:03:06 PM11/8/12
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I don't want to require the federal government to do it the same way
in all 50 states. State variations give us a way to learn what works
and what doesn't.

You want the federal government to control the cleaning and
calibration of of voting machines? Good luck with that. The same holds
with most of the other issues you raise.

I would like to see the federal government set up a program to
register voters when they turn 18. That would not require an
amendment. Drop by the nearest Post Office, show your ID, and fill out
the form. If you move, stop by the local Post Office to update your
information. If you live in a rural area without a nearby Post Office,
your mail carrier can take care of everything.

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