Provisions of the Elections Code are strictly followed in every Pennsylvania election. Unfortunately for Northampton County elections officials, another law raised its ugly head in the Nov. 5 municipal election. Murphy’s Law, the epigram that anything that can go wrong will go wrong, was in full force during the County’s roll out of a brand new voting system called The Express Vote XL.

In addition to hypersensitive screens, the touch screen improperly computed results in the judicial race. After the polls closed, the printed results from the flash drives inside each machine had candidate Democrat Abe Kassis behind Republican Vic Scomillio with less than 100 votes. The voter-verifiable paper ballots, however, say he actually won one of the two judgeships decided. This vote is currently being canvassed, which is a close re-examination of the results in every precinct. Once results are certified, a legal challenge is possible. Republicans have already obtained a Court Order impounding all voting machines and ballots.

How did we get here?

Prior to November 5, Northampton County was using a stand alone touch screen to tabulate votes. But as part of the settlement of a lawsuit filed by the Green Party’s Jill Stein, Pennsylvania’s Department of State directed all 67 counties to select new voting systems with a voter verifiable paper trail, making post-election audits more accurate. The directive added all systems must be in place before the 2020 primary. The statewide cost for this thus far unfunded mandate change is estimated at $125 million to $150 million. Only 46 counties, including Lehigh and Northampton, have introduced their new systems. Lehigh County opted for a paper ballot system. Northampton County chose the Express Vote XL.

What is The Express Vote XL?

This is a hybrid system combining the convenience of a 32” touch screen with the added redundancy of a voter-verifiable paper trail. It has been certified on both federal and state levels. In Pennsylvania, it has been certified twice. It cost Northampton County taxpayers $2.9 million, though the state has promised a 60 percent reimbursement.

This system was the choice of a majority of 40 poll workers who reviewed four competing systems. Executive Lamont McClure endorsed it, and a 3-2 majority of the Elections Commission agreed. At a contentious meeting in March, Elections Commissioner Deb Hunter and other paper ballot purists objected to the cost and insisted paper ballots were the only reliable way to count votes. Elections Commission Chair George Treisner disagreed, saying paper ballots would be a return “to the old ages.”

County GOP Chair Lee Snover agreed.”We have technology for a reason,” she argued. “I don’t want anyone determining the intent of my vote except for me and the machine.”

Northampton County Council approved the purchase in May, after waiting to see how the system worked in Delaware and hearing from their elections officials. Only Council member Bob Werner was opposed.

NorCo’s Voter

Outreach, Training and Testing

Northampton County’s elections judges and machine operators underwent two hours of mandatory training on the Express Vote XL. In addition, the County demonstrated the new system at numerous venues, from four different senior centers to the Blue Valley Farm Show. Once the ballot was prepared, “logic and accuracy” testing was done on each machines before being put in use. This is done to ensure software has been set up properly to accurately count the specific ballots for that election.

“Your vote will be counted,” Executive Lamont McClure assured voters just days before the election.

Election Day

Once polls opened at 6 am, complaints began to pour in. Two of them came from Judges Michael Koury and Craig Dally, both of whom were up for retention. They complained that voters were unable to vote for or against them. Some of the machines were very sensitive because they are activated by a laser as opposed to actual touch. A court order was issued, instructing elections judges and machine operators to advise voters to seek help if they have problems making a choice. A second court order issued later that day had even more detailed instructions.

About 30 voters were asked what they thought about the new system after they voted. Some complained it is difficult to see the paper ballot, but most liked to know it was there. “That’s a lot better than politicians doing their thing,” said one voter. “I never really had a problem with the old system,” added another. “I liked the levers; I hate computers,” said a third. Some did complain about sensitivity, but were able to make their selections.

As it happens, Judges Koury and Dally were overwhelmingly retained.

The real problem started when the polls closed and the machines began printing their results. The most glaring problem was that Abe Kassis had no votes at all when the first two precincts, both from heavily Democratic Easton, reported. As the night progressed, this problem was magnified throughout the rest of the county. It also appeared in other races. Hanover Township Supervisor Steve Salvesen, a Republican seeking re-election, had zero votes in a three-way race for two seats. This was happening in races involving cross-filed candidates.

Obviously, something was wrong.

At this point, Executive Lamont McClure sought and received permission from the Department of State to tabulate the back-up paper ballots. The scanning went on all night long until about 5:30 am, when tthe paper ballots showed Abe Kassis had actually won one of the two judicial vacancies.

McClure, Express Vote XL Manufacturer, Apologize

In a news conference the following day, both Executive McClure and the Express Vote XL manufacturer apologized

“[T]his is one of my responsibilities,” said McClure. “To the voters yesterday who had difficulty casting their ballots, I am sorry. We will do better. To the candidates, their families and supporters who were unnecessarily made anxious by this process, I am sorry.”

Electronic Systems & Software Exec VP Adam Carbullido also apologized to Northampton County voters and officials. He said his company is committed to ensuring this never occurs again. He has “a high degree of confidence” in the tabulation of the paper ballots. But amazingly, “we don’t know the root cause of the issue.”

He won’t know until he has access to the impounded voting machines.

Council member Kevin Lott told Carbullido he has no confidence in ES&S. “You put this County in a very bad position. ... We thought we were buying a Cadillac, and it doesn’t work.”

“I have no confidence in the paper ballots, said Council member Peg Ferraro. Without knowing the roiit cause, how can one be sure the paper ballots are accurate? Presumably it’s because voters had the opportunity to review them before casting their ballots. There have been no reports that the paper ballot failed to match the voter’s selections.

Problems in other counties

Philadelphia, like Northampton County, also introduced the Express Vote XL on Election Day. Voters there complained of long lines, touch screen sensitivity and difficulty seeing the printed ballot. There were, however, no complaints about the accuracy of the results.

In Lehigh, where paper ballots are used, there were complaints about voter privacy. This concern is what prompted NorCo election judges to recommend The Express Vote XL.

York County, like Lehigh, opted to use a paper ballot system. It was plagued by problems all day. “We just didn’t realize it would be as challenging and time consuming to scan the ballots,” President Commissioner Susan Byrnes told York Daily News on Election night.

Any Good News?

The silver lining to the dark clouds on Election Day is that there was a voter-verifiable paper trail. This redundancy appears to have saved the day. Although a challenge is being mulled by Republicans, there is a strong public interest in the finality of elections. Moreover, the burden would be on challengers to prove the paper ballot back-up is inaccurate.