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Confusing Voters

Below is a letter by Richard Viktorin, a CPA with Audits in the Public Interest, sent to election authorities about a problem with the Hart InterCivic voting machines used in many counties, including Travis County. In the last election, straight ticket voters undervoted for the various propositions, in part due to the problems voters have in actually finding the propositions at the end of the e-voting slate. Austin voters undervoted by about 15% on propositions. This was more pronounced (as much as 22%) in East Side precincts that favored Prop 2. In addition, the City Council’s ballot language for Prop 2 conveniently left out following words: “Domain” and “subsidies”.  In addition, the ballot language made no effort to clarify to voters that voting FOR Prop 2 would stop the Domain subsidies and not the other way around.

And then there’s the problem with the machines for straight ticket voters. After they’ve selected a straight ticket and then select a particular candidate to “emphasize” their vote, this then deselects the candidate!  In House District 105 in Dallas, the outcome of which could have turned the Texas House from Republican to Democratic control, both campaign sides experienced serious problems in their recount, due to this deselection problem.  Ultimately, the challenge was withdrawn in HD 105, likely because with electronic voting there is no way to understand what the voter “intended”, unlike paper ballots where sometimes one can make that determination.  A lawsuit taken by the Texas Democratic Party is on its way to the Supreme Court.  And, a lawsuit continues in Travis County challenging electronic voting machines because it’s impossible to verify a recount without paper ballots.  Here you can read a report of affidavits collected this November at the polls in Travis County by an Austin based voter integrity group, Vote Rescue.

Friday, October 31, 2008

Honorable Sam T. Biscoe, County Judge
Travis County Courthouse
314 W. 11th St., #520
Austin, TX 78701

Gail Fisher, Division Manager
Travis County Elections Division

Subject: Potential eSlate ballot error for straight ticket voters

Judge Biscoe:

As a first matter, I want to tell you about the AAA customer service I received from Michael Winn this morning when I arrived unannounced at the Elections Division offices. I had received word the eSlate machines were not giving straight party voters the opportunity to cast a ballot in the Austin municipal election (Propositions 1 and 2). Being in an auditor/poll watcher role, I told Mr. Winn I would not disclose the possible error until he first gave me a blind demonstration of an eSlate ballot and vote.

There is a human factors defect in the eSlate ballot when voters cast their ballot straight party.

Many straight party voters, precisely because they are voting straight party, immediately cast their ballot after marking their party. When voters press Cast Ballot from the first page of the eSlate ballot, it takes them past the non-partisan portions of the ballot. In these instances for instance, voters are not given the chance to see the Municipal Election, in this case the propositions for Charter Amendment.

Voters do see a ballot summary but here is where we encounter a chad, of sorts. Industrial engineers who design the machine – human interface term this a human factors design error.

Casting a ballot immediately from the straight party selection should not throw the voter past the non-partisan portions of the ballot even considering the ballot summary is designed to serve as final notice to the voter that they did not vote the entire ballot. In this case, making a party selection has the effect of causing the voter to not vote for anything but partisan races. This may not be the voter’s intent.

The eSlate ballot currently operates to hide portions of the ballot.

In a close election, this human factor design defect may be grounds to contest an election. This defect can be corrected by reprogramming the eSlate so that when a voter casts a ballot from the straight party selection it sends the voter to the non-partisan sections of the ballot rather than to the ballot summary/exit.

Sincerely,

Richard Viktorin, CPA, Audits in the Public Interest

Copies: Shirley A. Gentry, Austin City Clerk
Gregg Burt, President and Chief Executive Officer, Hart Intercivic

Mob Rule

There are those who believe that using the citizen’s initiative petition tool to call for a public vote is simply an attempt to govern by mob rule. Austin Chronicle writer Michael King, who wrote against Prop 2 last November, tried to make the case that the initiative process is simply “government by petition” and therefore “folly”.  (Remember, Prop 2, aimed at putting the brakes on the City’s use of retail subsidies, particularly for the Domain luxury mall, was placed on the ballot through a 27,000 signature petition drive, led by Brian Rodgers.)

What the citizen’s initiative detractors fail to mention is that our City Charter and our state constitution guarantee citizens the right to petition for a public vote to initiate a new law (initiative), to reverse a decision (referendum) and even to recall (vote them out) officials.  Texans have this right only at the municipal level, whereas voters in 24 states enjoy initiative and referendum rights at the city, county and state level.  Voters in 18 states enjoy statewide recall rights.

To be fair, King isn’t the only detractor of the citizen’s initiative in Austin.  The Austin American-Statesman has long held an anti-initiative position that borders on hysteria.  You can search their archives for a long list of anti-initiative editorials urging the legislature not to extend initiative rights to county and statewide issues.  The Statesman has also editorialized against every citizen’s initiative in recent memory, at least since 1992.

Recent History of the Citizen’s Initiative in Austin

In 1992, when environmentalists petitioned for the SOS (Save Our Springs) initiative to curb development over the Edwards Aquifer watershed in order to protect Barton Springs, the Statesman railed against it.   The Chronicle, apparently a different animal back then, supported the SOS initiative. SOS passed overwhelmingly.  In 1995 citizens petitioned for a vote on a rushed City Council decision to use public dollars on a baseball stadium, without a required vote of the people.  The Council claimed the stadium decision was an “emergency”, to get around a charter provision which required a public vote on all new debt!  The Statesman, a corporate sponsor of the stadium, went ballistic on the referendum.  The people won that one decisively too (2 to 1).  In 1997 a citizens group with the tongue-in-cheek name, Austinites for a Little Less Corruption, petitioned for a vote for $100 limits on contributions to Council candidates, at a time when no limits existed and candidates could visit a handful of expectant law firm benefactors for their entire war chest.  After the City Clerk (likely following then Mayor Bruce Todd’s direction) fraudulently crossed out 14,000 mostly perfectly valid petition signatures, and a harsh court order to place the measure on the ballot, it passed with little opposition.  The measure had some problems, including that the limits were too low without Austin changing from having all citywide races, to single member districts.  Two years later ALLC asked the Council to engage in discussions to correct the problems with campaign financing.  This went nowhere.  In 2001 Clean Campaigns began another petition drive to to raise the limits and to institute public financing.  This one failed decisively, during an economic downturn as the Chamber of Commerce, the Real Estate Council and the Statesman worked together to defeat it.

In 2004, a petitioin drive was begun for a public vote to recall Mayor Will Wynn and Council members Brewster McCracken and Danny Thomas related to their votes on CAMPO (our region’s transportation planning group) for the controversial “double-tax” toll road conversion plan (see more under our “Toll Road War” section for details).  The requirements for recall are very tough (and well they should be).  The recall drive came up 5,000 short of the 36,000 signatures needed.  Anti-tollers had made their point, however, as the recall helped to drive the debate on how we fund roads — a debate that continues today.

You can read more about the history of the initiative process itself here.  It’s been around for about 100 years.  Thomas Jefferson is its most famous supporter.  Texas politicians and publications beware — the people will continue to defend and use this important check and balance on local government gone astray.

Welcome to ChangeAustin.org

On November 4, 2008, despite a $400,000 misleading ad bombing campaign fueled by one of the world’s largest corporations and a who’s who of Austin’s growth industry, 123,209 Austin voters (48%) voted for Proposition 2 to stop the Domain luxury mall subsidies. People had different reasons for voting for Prop 2 but the common refrain was:  “We want our city back!”

On May 9 Austin voters will have an opportunity to elect 5 out of 7 new council members, including the Mayor, who will more honestly represent Austin’s voters and small businesses.

Last November Prop 2 garnered three times the number of votes needed to win the upcoming May election by a landslide.  Austin needs a new direction.  Let’s make it happen!

Join us by pledging your vote, your time and your financial support to elect a new City Council and Mayor who will:

1. Commit to full transparency and greater public oversight of decisions with far reaching fiscal implications.

2. Champion locally owned businesses and fight to keep our dollars from leaving the community.

3. Require that development growth pays for itself and make those who benefit bear the costs.

4. Develop a publicly supported plan for our region’s transportation needs.

5. Protect the rights of citizens to petition city government, guaranteed by our City Charter and state constitution.

Start by becoming a member &
signing our voter pledge now!

About Us

Tax protest a the Travis County Appraisal District, 2009
Tax Protest at City Hall Budget Hearing (2009)

Founded in 2008 by Brian Rodgers, Linda Curtis, and Albert Marino, ChangeAustin.org is a political action committee that reports all contributions and expenditures to the Texas Ethics Commission as well as the City of Austin. Those reports are online and open to the public for review. We invite your donations of time and money to make Austin a better place for ALL of Austin.

You can read more about Brian Rodgers here in the Austin Bulldog, though he is no longer considering running for the Austin City Council. A lot has happened since then, including the “10-1” revolt, sparked by ChangeAustin.org. That revolt, it is our hope, will continue. It will continue to expose those in local government who continue going along to get along on the efforts to bring so many people to the Austin area, it is choking our affordability and stressing our water availability and quality. They — the real estate “growth lobby” — are pushing us to the brink of a bonafide man-made real estate bust and all the pain that will come with it.

More on our history….

ChangeAustin.org is dedicated to the vast majority of voters and local businesses who lack representation. We began our focus at City Hall just following the narrow defeat of Prop 2 (to stop the Domain luxury mall taxpayer giveaway).

IMG_0558In 2007, local activists and Austin businesses gathered 28,000 signatures of Austin voters calling for a vote to stop the retail subsidies to a luxury shopping mall, The Domain. Despite the support from 500 local businesses and all local political parties — and everyone thinking that we were going to win– we lost by 2%. The Austin real estate “machine” (Chamber of Commerce, Real Estate Council of Austin, the Austin area Homebuilders, Simon Malls, individuals like Gary Farmer of Heritage Title and, of course, the developers of The Domain, Endeavor Real Estate), ponied up $400K for a last minute media buy with then Mayor Will Wynn using the slogan “Keep Austin’s Word”. The Austin Chronicle and a few big wheels in the local Democratic Party (Kirk Rudy, Endeavor Real Estate and Andy Brown, then Travis County Democratic Chair), despite the party’s support to end the subsidies, also played a role in defeating us. It was then that we realized that The Domain was just one of the ways in which Austin residents are subsidizing the real estate industry and we had a tiger by the tail.

We formed ChangeAustin.org in order to have a protracted battle with the proverbial real estate hogs at the public trough who continue to demand way more than their fair share. This — the subsidization of an industry that needs no handouts — is, in our view, to blame for longtime Austinites fleeing the city seeking an affordable way of life that is no longer in Austin.

In 2010, Brian Rodgers commissioned a study by Eben Fodor and Associates to find out who pays for Austin’s breakneck growth. This came on the heels of our efforts to expose the property tax burden of the 40% undervaluations of commercial properties, on average, throughout Texas. That information was released in a study by the Texas Association of Appraisal Districts in 2006. This information is parked at CostofGrowth.com.

Here are the things we think are fundamental to our right to better and more honest government:

1) A serious commitment to full transparency and greater public oversight of decisions with far reaching fiscal implications.

2) Champions for locally owned businesses and real leadership to keep our dollars from leaving the community — shoring up our local economy.

3) Policies requiring that development growth pays for itself and make those who benefit bear the costs.

4) Publicly supported plans for our region’s transportation needs (ending the “toll road war”).

5) Respect for the rights of citizens to petition city government, guaranteed by our City Charter and state constitution.

ChangeAustin.org is an amalgam of local activists and local businesses dedicated to activism (Democrats, Republicans, Libertarians, Greens, and independents who are working together!) — new and old — who believe the future determines the past.  Can “we the people” put our deep differences aside for now and work for the common good?

Now that would be real change, wouldn’t it!

Where do we go from here?

Former Travis County Judge, Bill Aleshire, with Austinites for Geographic Representation outside City Hall.
Former Travis County Judge, Bill Aleshire, with Austinites for Geographic Representation outside City Hall.

ChangeAustin.org sparked the “10-1” revolt that was passed by Austin voters in 2012. This brought us a new voting system with 10 single-member districts and the first independent citizens redistricting commission in the state of Texas. Now, the real war begins to take Austin back from the special interests who will be done with us when Austin’s real estate play is over and our affordability is fully a thing of the past. Austin sets the pace for central Texas, so if you don’t happen to live in the city, not to worry — you’re welcome here.

This web blog is dedicated to educating and activating you, yes YOU reading this blog.  Please share your thoughts on any section of this site, don’t forget to sign in to get our emails, and please bring your friends to ChangeAustin.org to join this movement for a new direction for our great city and region!

Please comment on any portion of this web blog and contact us when you’re ready to get to work!

We love hearing from you!

BioMess

ChangeAustin.org was formed 5 months after the Austin City Council rammed through a $2.3 billion, 20 year NO BID contract to purchase electricity from a biomass electrical (wood by-product burning) plant based in Nacogdoches, Texas, to provide energy for Austin Energy customers.  This humongous deal was first noticed to the Austin public on August 7, 2008 and, incredibly, passed on August 29th unanimously by the Austin City Council.

Why did the Council give this the bums rush?  Why was it a no bid contract?  Even though biomass is said to be “carbon neutral”, could we have done better for Austin through renewables, particularly with local companies that are growing their businesses here?  Wouldn’t it have been better for our local economy to spend $2.3 billion (if it was even necessary) locally to take advantage of the “multiplier effect” of keeping our dollars as local as possible?  Most important, why wasn’t this massive deal — that made the Domain luxury mall subsidy look like spare change — put up for a proper vote of the people?

These two articles from the Austin Chronicle begin to tell the story.  Don’t miss paragraph 8 in this first piece where Paul Robbins, longtime respected Austin environmental watchdog and author of the Austin Environmental Directory, gives his take on the deal.

Austin proclaims to be on the cutting edge of the “green revolution”.  But are we?  This deal is a huge justification for why Austin voters and businesses need real representation at City Hall.  No more rush deals, we need full transparency, and we need to respect the rights of the voters to weigh in on issues that have such far reaching fiscal implications.

Let’s ChangeAustin.org y’all!

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A663310

In this Chronicle piece, don’t miss the 4th paragraph discussing why there was no open bidding process for the deal:

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A666590

Check back for our analysis soon.