REPORT OF THE COMMITTEE ON LEGISLATION,

INTERGOVERNMENTAL AND VETERANS RELATIONS

 

January 9, 2007

 

The Honorable,

The Board of Commissioners of Cook County

 

ATTENDANCE

 

Present:

Chairman Suffredin, Vice Chairman Silvestri, Commissioners Beavers, Butler, Claypool, Collins, Daley, Goslin, Maldonado, Moreno, Murphy, Peraica, Quigley, Schneider, Sims and Steele (16)

 

Absent:

Commissioner Gorman (1)

 

Also Present:

Hon. Abner Mikva, Retired Judge;  Hon. David Orr, Cook County Clerk;  Mr. Lance Gough, Executive Director - Chicago Board of Election Commissioners;  Mr. Langdon Neal, Chairman - Chicago Board of Election Commissioners

 

 

 

Ladies and Gentlemen:

 

        Your Committee on Legislation, Intergovernmental and Veterans Relations of the Board of Commissioners of Cook County met pursuant to notice on Tuesday, January 9, 2007 at the hour of 1:00 PM in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

 

        Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

 

 

283409

RESOLUTION CALLING FOR A COMPREHENSIVE FORENSIC AUDIT OF ELECTION DAY EQUIPMENT AND PROCEDURES (PROPOSED RESOLUTION).  Submitting a Proposed Resolution sponsored by Anthony J. Peraica, County Commissioner.

 

PROPOSED RESOLUTION

 

RESOLUTION CALLING FOR A COMPREHENSIVE FORENSIC AUDIT

OF ELECTION DAY EQUIPMENT AND PROCEDURES

 

WHEREAS, the Cook County Board of Commissioners has appropriated in excess of $50 million to purchase election equipment from Sequoia Voting Systems for the 2006 elections; and

 

WHEREAS, the Cook County Clerk and the Chicago Board of Election Commissioners and their personnel have repeatedly assured members of this body that the new equipment would function properly on election day, and that measures had been implemented that would prevent future problems such as the ones which occurred during the March 2006 primary election; and

 

WHEREAS, the County Clerk bears the ultimate responsibility for ensuring the integrity of elections conducted in suburban Cook County and the Chicago Board of Election Commissioners bears such responsibilities in Chicago; and

 

WHEREAS, the election results from the polling places were to be transmitted electronically to the County Clerk’s Office shortly after the closing of the polls at 7:00 p.m.; and

 

WHEREAS, nearly half of the suburban results were not successfully or properly electronically transmitted from the polling places and receiving stations and many boxes of ballots and electronic data storage devices did not arrive downtown until after 1 a.m. the day after the election; and

 

WHEREAS, there have been many reports of election judges, public employees and publicly contracted personnel deviating from the prescribed procedures for the securing and transporting of election materials; and

 

WHEREAS, there have also been multiple complaints from voters who used touch screen voting systems which repeatedly malfunctioned and indicated and reported votes for the candidates different from the ones selected by the voter.

 

NOW, THEREFORE, BE IT RESOLVED, that the President and Board of Commissioners of Cook County, Illinois do hereby call for a comprehensive forensic audit of the performance of the November 7, 2006 General Election by Sequoia Voting Systems, the Chicago Board of Election Commissioners, and the Cook County Clerk’s Office; and

 

BE IT FURTHER RESOLVED, that an impartial panel consisting of a federal monitor, election judges and experts in fields which include, but are not limited to computers, information technology, election law and procedures; and

 

BE IT FURTHER RESOLVED, specifically that election lawyers Richard K. Means, Mathias W. DeLort, Burton S. Odelson, Michael E. Lavelle and Better Government Association director Jay Stewart shall be included among members of this panel; and

 

BE IT FURTHER RESOLVED, that the cost of this audit shall be divided evenly between Sequoia Voting Systems and the budget of the Cook County Clerk’s Office.

 

* Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/6/06.

 

283411

AN ORDINANCE FOR THE CREATION OF AN ELECTION INTEGRITY COMMISSION (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Elizabeth Ann Doody Gorman, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

AN ORDINANCE FOR THE CREATION OF AN

ELECTION INTEGRITY COMMISSION

 

WHEREAS, approximately 24 million dollars was appropriated for the Cook County Clerk to obtain two new electronic voting systems to improve the conduct of our elections; and

 

WHEREAS, two elections have now been held using these new electronic voting systems; and

 

WHEREAS, these two elections have been fraught with events that are indicative of mishaps or more in the conduct of the election in general and particularly with regard to the two new electronic voting systems; and

 

WHEREAS, the public notoriety given to these mishaps occurring before, during and after the General Election held in Cook County on Tuesday, November 7, 2006 has raised grave concerns among the voters and candidates as to whether these elections were fair and honest; and

 

WHEREAS, the Cook County Board of Commissioners appropriates funding for the conduct of these elections and has an obligation to the taxpayers of Cook County to ensure that the funds appropriated are expended prudently; and

 

WHEREAS, it is essential that the Cook County Board undertake an inquiry into the propriety of the expenditure of these appropriations with regard to the question of whether the General Election of November 7, 2006 resulted in, among other questions, the new electronic voting systems allowing each voter to vote for the candidate and public policy issues of his/her choice and whether these systems allowed the votes to be correctly counted in the precincts and reported to the County Clerk.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY, ILLINOIS that Chapter 22, Section 22-34 of the Cook County Code is hereby enacted as follows:

 

Sec. 22-34.  Election Integrity Commission.

 

1.         A Cook County Election Integrity Commission be created.

 

2.         The Integrity Commission shall be comprised of five members selected as follows:

 

3.         The purpose of the Integrity Commission shall be to:

 

Effective Date.  This Ordinance shall be effective immediately upon its adoption.

 

* Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/6/06.

 

283678

SCHEDULING A HEARING OF THE COMMITTEE ON LEGISLATION, INTERGOVERNMENTAL & VETERANS RELATIONS TO REVIEW THE FINDINGS OF THE MIKVA PANEL REGARDING THE NOVEMBER 7, 2006 GENERAL ELECTION (PROPOSED RESOLUTION).  Submitting a Proposed Resolution, sponsored by Larry Suffredin, County Commissioner.

 

PROPOSED RESOLUTION

 

WHEREAS, the November 7, 2006 general election was the second time Cook County used Sequoia touch screen and optical scan voting machines; and

 

WHEREAS, the Chicago Sun Times reported that 1,500 complaints with the new machines were logged with the office of Cook County Clerk David Orr on Election Day; and

 

WHEREAS, Cook County Clerk David Orr appointed Honorable Abner Mikva to head a technical review panel to investigate such complaints; and

 

WHEREAS, the technical review panel includes Xiaoping Jia, Director of the Department of Software Engineering, School of Computer Science, Telecommunications, and Information Systems at DePaul University; V.N. Venkatakrishnan, an assistant professor in computer science at the University of Illinois Chicago; Tricha Anjali, an assistant professor with Illinois Institute of Technology’s Department of Electrical and Computer Engineering; Ian Robertson, Senior Director of Global IT – Americas for the William Wrigley Corporation; and Cyrus Walker, program coordinator for Wilbur Wright College’s Department of Computer Security and Forensic Investigation; and

 

WHEREAS, the report of the technical review panel will be available before January 9, 2007.

 

NOW, THEREFORE, BE IT RESOLVED, that a hearing of the Committee on Legislation, Intergovernmental and Veterans Relations will be held at 1:30 p.m. on January 9, 2007 to review the findings of the Mikva panel concerning recreating the election night “logjam” of data that was transmitted to the office of the County Clerk; simulating the transmission of data from the 2,370 precincts to the office of the County Clerk; simulating the wireless transmission of data from the remote sites in suburban Cook County; analyzing thousands of log records; and other issues of relevance.

 

* Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/19/06.

 

 

 

Chairman Suffredin called the meeting to order and noted that no votes would be taken today. He stated that the purpose of today’s meeting was to primarily deal with Communication #283678, which is a resolution regarding the review of the findings of the Mikva Panel, a technical advisory committee established by County Clerk David Orr to review portions of the November 7, 2006 general election.

 

Chairman Suffredin introduced Langdon Neal - Chairman of the Chicago Board of Election Commissioners, and Lance Gough – Executive Director of the Chicago Board of Election Commissioners.  Chairman Suffredin explained that Mr. Neal and Mr. Gough were attending the Committee meeting as observers, and that they have comparable equipment and have been working very closely with Cook County.   Chairman Suffredin also introduced Cook County Clerk David Orr and Judge Abner Mikva, and then invited Clerk Orr to provide an overview of the results of the Mikva Panel’s investigation.

 

Clerk Orr began by providing an introduction to the related subject, explaining that like many governments across the country, Cook County is moving towards a complex era in voting technology.  He stated that in November, he believed that the voters clearly liked the new touch screen machines, and that the voters successfully interacted with the new voting equipment.  He acknowledged that Cook County experienced a slower count than expected, and he indicated that that is the reason why he appointed this committee. 

 

Clerk Orr then introduced Judge Abner Mikva.  Judge Mikva described the composition of the panel, which was chaired by himself, and included many technical advisors, including Ms. Tricha Anjali, Ph.D., Assistant Professor, Department of Electrical and Computer Engineering, Illinois Institute of Technology;  Mr. Xiaoping Jia, Ph.D, Director, Institute for Software Engineering, DePaul University;  Mr. Ian Robertson, Senior Director of Global IT – Americas, William Wrigley Corporation and member of the City of Chicago’s Mayor’s Council of Technology Advisors;  Mr. Cyrus Walker, Founder & President, Data Defenders Inc. and Department Head, Computer Forensics and Information Security, Wilbur Wright College;  and Mr. V.N. Venkatakrishnan (Venkat), Ph.D, Assistant Professor in Computer Science and Co-Director, Center for Research and Instruction in Technologies for Electronic Security, University of Illinois – Chicago. The panel was help staffed by Kevin McDermott (a consultant for the Cook County Clerk) and Diamond Consulting (hired by Sequoia but who worked in an independent fashion for the commission.)  Judge Mikva stated that the mission of the commission was to conduct highly complex testing to identify what slowed down the results from the precincts to the central counting location on election night.  He also stated that during the investigation, no questions or disputes were raised about the integrity of the election. 

 

Kevin McDermott went over the report detailing the findings of the review panel (copy of which is available from the office of the Secretary to the Board, along with accompanying press release dated January 9, 2007 from the Cook County Clerk,) and Clerk Orr stated the changes and recommendations that will be implemented immediately as a result of the panel’s findings.

 

Commissioner Daley asked Clerk Orr if there would be any costs associated with the implementation of the recommendations. 

 

Clerk Orr responded that costs related to the County’s implementation would not be significant.

 

Many Commissioners (including Commissioners Daley, Peraica, Moreno and Schneider) voiced concerns regarding similar problems affecting the March 2006 Primary Election that appeared to recur in the November Election.

 

Vice-Chairman Silvestri asked Langdon Neal, Chairman of the Chicago Board of Elections, if the report findings were relevant to his agency, and whether he agreed with the recommendations with respect to the City. 

 

Mr. Neal responded affirmatively, and stated that the analysis was very helpful to the Chicago Board of Elections.

 

Commissioner Murphy asked Clerk Orr about election judges, and Clerk Orr responded that their office would like to expand the program using teen judges.  Currently, the law provides that high school seniors can participate as an election judge, however, the Clerk’s office would like to include high school juniors. 

 

Commissioner Maldonado asked Lance Gough, Executive Director of the Chicago Board of Elections, about the Chicago Board of Election’s decision to download the early voting prior to the closing of the polls, as opposed to the County’s decision to download poll and early voting tabulations simultaneously.

 

Mr. Gough responded that they had determined that it would take approximately four hours to download, so they chose to download prior to 7:00 p.m., and further stated that they did not ask Sequoia for their input into the decision.

 

Chairman Suffredin stated that further discussions will take place on this subject at a later date.  He also stated that he will be introducing a resolution at the next Board meeting that will create a special subcommittee on elections that Commissioner Suffredin will chair (Commissioner Silvestri will be the Vice Chair.)  The members of the subcommittee will be Commissioners Suffredin, Silvestri, Sims, Murphy, Beavers, Gorman and Peraica.  It is expected that when this subcommittee is created, the substantive proposed legislation related to elections will be referred to it.

 

 

Public Speaker

 

1) George Blakemore, Concerned Citizen

 

 

Commissioner Daley moved to adjourn the meeting, seconded by Vice Chairman Silvestri.  The motion carried and the meeting was adjourned.

 

 

Respectfully submitted,

Committee on Legislation, Intergovernmental and Veterans Relations

 

 

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Larry Suffredin, Chairman

 

 

Attest:

 

 

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Matthew B. DeLeon, Secretary

 

 

(The complete audio recording of this meeting is available from the office of the Secretary to the Board.)