Washblog

What About Trust?

Should we trust our elections officials and politicians to conduct our elections fairly and accurately?  It's an interesting question.  What is trust?  And how might we attain it? This entry (essay) is my attempt to articulate my thinking.  

First, some recent background, to set the stage.

Last Tuesday, during the 11th LD Dems monthly meeting, KC Council Member Julia Patterson asked us to trust that she will do everything she can to ensure the security and accuracy of our elections.  A number of us showed up to express our concerns with touch screen voting machines, optical scanners, and all mail voting.  I do not feel that Patterson understood our concerns, nor has sufficient understanding of our voting systems, so is in a poor position make such broad reassurances.  Consequently, I do not trust.

The Elections Assistance Commission had a meeting here in Seattle last Thursday.  Our Secretary of State Sam Reed was asked for his wisdom on handling the controversy of our 2004 gubernatorial contest.  He emphasized the need for good relations, among other things.  His office works hard to support the county auditors, the state and county elections officials communicate almost daily, the political parties are involved at every step, the elections officials coordinated media relations.  Reed basically said that mutual trust was key to smooth elections.  I disagree.

During last night's "Fixing Elections" event, someone asked "I want my vote to count.  What is the best and safest way to vote in King County?" A very good question.  The answer from the elections officials was much like Reed's, that they need to be build the trust of the voters.  That's an admirable goal.

In response, Paul Lehto said (paraphrasing) that the only way to ensure the integrity of an election is to rely on the mutual suspicion of antagonists.  That's accomplished with checks and balances.  The most familiar example is our Constitution, which was formed during an "Orgy of Mistrust".  The framers understood that complete trust is unattainable and that power should not be concentrated.

After the panel, I was chatting with Bobbie Egan and Courtney Caswell, both from KC Elections.  Egan was troubled by Letho's assertion that he does not trust them.  Answering from the hip, I did a poor job.  So here's my second attempt.

I believe that no one shows up to to work every day to do a bad job.  I have complete faith that Egan and everyone else are doing their best.  I know that I would feel put out by someone questioning my contribution.

Thinking about it over night, I'm trying to define for myself what it'd take for me to trust Egan and her colleagues.  To do that, I have to first define my expectations.

Elections officials are like referees.  I expect them to observe, enforce the rules, make sure everyone plays nicely together, and to penalize offenses.  Referees must remain impartial and take care to not influence the outcome.  Of course, that ideal is tough to attain.  Witness the last SuperBowl, where the Seahawks were robbed.  The referees are the final authority.  There is no check on their power.  So that contest was unbalanced.  And just like our elections, there is little recourse to a flawed contest.

How do we add checks and balances to elections?  I'm told of, and hope to someday observe, Canada's unique approach to manually counting the ballots.  A representative from each party collaboratively counts their set of local ballots.  When they agree on the count, they kick their results up to the next level, also staffed by a member of each party.  And so on, all the way up to the top.  Canada is roughly the size of California.  They have elections results in 4 hours.  There are no recounts.  Because the process is completely transparent and everyone trusts it.

(At this point, wags typically say stuff like "manual counts are too expensive", "our elections are more complicated, so can't be counted manually", etc.  Excuses.  Last year, we 13 poll workers stood around for 90 minutes watching the precinct based optical scanner tabulate 400 ballots.  I'm pretty sure we could have done it faster and just as accurately.  As far ballot complexity, that's a design problem.  One possible, trivial, fix could be to put statewide and federal races on a separate ballot.  That would allow quick results for highly charged races.  And we could count the local stuff at leisure.)

The first compelling aspect of Canada's system of manual counting is that elections officials are not responsible for the results.  They set up and enforce the structures and procedures.  The actual outcomes are determined by the parties themselves.  That clean separation of concerns removes a tremendous amount of pressure from the elections officials.  I can think of nothing more trustworthy than that.

Another compelling aspect is that Canada's system is easily understood.  I don't trust what I don't understand.  Worse, I thought I understood how our election and voting systems worked, but I was wrong.  Further fostering mistrust.  Worse still, the aspects that I do understand as a geek, like the failings of touchscreen machines and optical scanners, I fully distrust.

Other countries have elections systems that are trusted, best as I can tell.  In Germany, elections are administrated federally by an non-partisan bureaucracy.  Their checks and balances comes from relying on both exit polling and a full manual count.  

India actually exclusively uses electronic voting systems.  I have no idea if the results are trusted.  But it's worthy to note that India has a parliamentary system chosen by proportional representation.  Indian voters choose a platform, not an individual.  And unlike our "winner takes all system", proportional representation means that no viable platform is fully excluded from governance.

Which brings me to my last point: Our winner takes all system heightens the mistrust.  It taints everything about our elections, including voting and election systems.  When a 2 vote swing in results can change the entire outcome, the stakes are high indeed.  Our country's recent partisan divide only increases the pressure.  Therefore, expend an extraordinary amount of effort to ensure that every vote counts, with every diminishing returns.  I do not think there's a way to square that circle. There will always be some errors and trying harder only treats the symptoms, not the causes.  I do not envy our elections officials.

In summary, it is unreasonable for our elections officials to ask use to trust them.  They must demonstrate that the results are trustworthy by relying on transparency as well as checks and balances.  

Equally, and just as importantly, it is unreasonable that we put our elections officials in the compromised position of asking for our trust.  It's an inherently unfair request.  Proper, appropriate expectations for our elections officials is that they administrate the structures and procedures correctly, allowing us voters to determine the outcomes for ourselves.  Such as system of checks and balances would be inherently trustworthy, by design.

< King County buys uncertified voting software: Ignores better cheaper alternative | I knew about the sit-in too and I supported and encouraged it >

Poll

Do you trust King County elections officials?
Yes
No
Wrong question, it's not about trust.

Votes: 17
Results | Other Polls
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It seems a bit incongruous to me that an election official might take it personally that people don't trust him or her.  How can we, the populace, possibly forge personal relationships with all the public officials who represent us?  Even if we did, those relationships wouldn't change their responsibility to uphold the public trust.  Public officials are supposed to serve the public -- it's not up to the public to take care of the emotional needs of public servants.  These officials serve the public trust -- the public doesn't serve their personal needs for feeling trusted.

Paradoxically, the world does run on trust.  If not for trust, we couldn't do anything -- let alone walk around with cars hurtling past us without getting run over.  So trust is central to all we do.  Our world is defined by the countless clever and beautiful and enterprising and kind acts of other people and by our basic ability to rely on the fact that the behavior of people around us will be generally predictable and honorable.

But betrayals of trust are also part of the social ecology.  I heard Peter Matthieson speak last night and he ended his evening remarks with the observation that human beings are dangerous beings who do horrible -- as well as beautiful -- things and that this is our essential nature.  Push the right buttons on almost anyone, and you get hurtful behavior.

Everyone, in my opinion, can be absolutely trusted to betray someone's trust under some conditions.  Humans aren't robots and we live in a complex world. So, for pity's sake, for the sake of the public trust itself, checks and balances are absolutely necessary.   This business of conflating the public and private gets us in a lot of trouble I think.

by noemie maxwell on Wed Apr 26, 2006 at 12:24:38 PM PST

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If drug dealers pool their money to buy a stash, one divides it and the other gets first choice.  If parents are trying to divide the leftover birthday cake fairly, little Johnnie cuts the cake and little Suzie gets first choice.

If drug dealers and parents get it, surely elections officials ought to get it.  It isn't about them, but about a complicated high stakes process that requires agreement on the reliability of the outcome by all interested parties.  It is the trustworthiness of the process that is at issue here, not the trustworthiness of the individuals running it.  Do the process right (with checks and balances that are fundamentally based on mistrust), and you don't have to worry about the individuals.

There are two separate issues here--transparency of the administrative processes and transparency of the technical processes.

On the first score, our state rates very highly indeed, and ought to be considered a nationwide model.  I was an elections observer last fall (overseeing the ballot duplication process) and every aspect of the process had observers from both major parties and the general public.  The elections workers were all very well informed about what they were doing, and good at explaining it to the observers.

The privately owned tabulation software is an entirely different matter.  Trusting it to do tabulation is like handing all the ballots over to someone and having them go in a room and count them with nobody allowed to watch.  This is unacceptable, as is the ownership by ANY private entity of anything having to do with elections, which are the basis for conducting all public business.

Cheating, if it happens, is going to happen only intermittently.  We know for a fact that there wasn't any funny business in the 2004 gubernatorial race because a) two machine counts and one hand counts came out within 0.01% of each other and b) all three candidates had votes added to their tally by the hand count, which is consistent with the known tendency of opscans to undercount (for the same reason your computer printer occasionally picks up more than one piece of paper).

Now, does that outcome mean it's OK to trust our current optical scanners? No, it does not.  As David Dill, eminent computer security expert, put it

It's not good enough that election results BE accurate. We have to KNOW they are accurate--and we don't.

http://www.tompaine.com/articles/2006/03/07/making_democracy_transparent.php

by eridani on Wed Apr 26, 2006 at 09:15:59 PM PST

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Let me start with the platform plank passed at the 36th District Democratic Caucus:

We recognize that election integrity has become a critical issue facing our democracy, and that repairing voter confidence in elections is of utmost importance.  We assert that interference in elections or systemic efforts to obstruct them is a civil rights violation subject to all the penalties available as remedy.  We support efforts to ensure that all eligible voters are fully able to exercise their right to vote without obstruction, and their votes be recorded reliably and counted accurately.  To that end we support ensuring that voting machines and vote tallies are reliable, accurate and accountable by requiring a paper ballot, and by requiring all voting and tallying software to be fully transparent and free of proprietary restrictions on review.  Further, elections, information technology, and accounting best practices are followed.

I want to note that in American political history trust has been a result of divided government and checks and balances.  These two principles are threaded through the US Constitution's structuring of the federal government, and have been reinforced throughout the early history of the US by the concept of federalism -- the concommitant operation of both the federal and state governments.

Our Constitution presupposes that trust of government is a product of the processes by which it functions.  

I think that in the current debate, trust has become an important issue; but the trust issue has come to the fore because the processes under which we cast our votes are no longer perceived by many to be accountable or transparent.

by microveldt on Thu Apr 27, 2006 at 02:54:55 PM PST

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Trust is a funny thing, which like a few other words can mean or imply its opposite, or call into question its subject by its utterance.

When somebody says "trust me", then I want them to define what they mean by "trust"; because I know what I mean.

"Trust" doesn't have to mean something good. If somebody does bad screwed up things, I can trust them to do those things in the future. Trust is the ability to predict future behavior based on past performance... or else it is hope of future behavior without regard to the past, an opportunity to begin to establish the history of behavior which will inform future expectations. Is there a continuum represented there?

Working elections is not something the majority of people do all year long; hopefully the people who do it bring with them transferable skills and backgrounds and motivations which allow them... nay, compel them... to execute their duties in a way which leads to fair and trustworthy elections.

But, in spite of all the concern about campaigns, I don't see people falling all over each other to be election workers.

On the other hand (how many hands do I have?) we have the people who do it all year long, the professionals, and their record doesn't seem so good... specifically with elections, but also just managing technology generally.

I mentioned the ISB Hall of Phlegm in another post. That doesn't mean that good people didn't work hard on a lot of that stuff, but somehow... that URL to the risk matrix goes nowhere now, a side effect of the reorganization of the DIS/ISB web site to improve usability and maintainability or so I am told, by someone with authority and perfectly good intentions I am sure.

I'm still waiting for a certain elections office full-timer to call me back and let me know: is it or isn't it illegal to photocopy your own filled-in ballot before mailing... and cite the statute for me, will ya? This isn't for me, because I know (I think) that it's illegal; but I can't cite the statute. It is troubling that the full-timers can't affirm or refute this, however... or feel it is important enough not to forget to follow up on. Should be a piece of cake, or am I missing something?

by m3047 on Thu Apr 27, 2006 at 10:34:49 PM PST

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