Gotham Gazette http://www.gothamgazette.com/component/tags/tag/181 Fri, 17 Aug 2018 20:44:28 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) Experts Confident in New York Election Security, Though Risk of Temporary ‘Chaos’ Remains http://www.gothamgazette.com/?id=7815:experts-confident-in-new-york-election-security-though-risk-of-chaos-remains http://www.gothamgazette.com/?id=7815:experts-confident-in-new-york-election-security-though-risk-of-chaos-remains govcuomo votes mount kisco primary

Gov. Cuomo voting (photo via the Governor's office)


Governor Andrew Cuomo announced on Tuesday new measures to enhance the security of the state’s elections. They include “comprehensive risk assessments, intrusion detection devices, and managed security services for all county boards of elections,” as well as training for election staff on cyber security.

The initiatives make use of $5 million allocated in the 2019 state budget for enhanced cybersecurity related to elections, which included the creation of an “election support center” and an “election cyber security toolkit,” provides “cyber risk vulnerability assessments” for state and local Boards of Elections, and requires BOEs to report data breaches to the state.

The announcement comes in the wake of the indictment of 12 Russian nationals for interference in the 2016 presidential election, involving the theft and release of emails from the Democratic National Committee and Hillary Clinton campaign chair John Podesta. A news release from the governor’s office said that the state would solicit contracts in the coming days for the risk assessments, intrusion detection devices, and security services for county boards of elections.

The broader issue of election security has become increasingly prominent in the wake of the 2016 election and the allegations of Russian interference. Cuomo’s announcement of new election security measures came just a few hours after a Tuesday panel at City & State’s Protecting NY Summit, moderated by Gotham Gazette’s Ben Max, where panelists discussed the issue as it relates to state and local elections in New York. New York is in the midst of a busy election year that features races for all of its statewide state-level positions, all of its state legislative seats, one U.S. Senate seat, and all of its House of Representative seats, among others.

The panel consisted of State Senators Todd Kaminsky and Liz Krueger; Assemblymember David Buchwald; Michael Ryan, executive director of the New York City Board of Elections; Eric Hodge, of cybersecurity firm CyberScout Solutions; and Eva Guidarini, a member of Facebook’s U.S. Politics and Government Outreach team.

In something of a twist from how New York’s dysfunctional elections are usually discussed, the state’s election security measures in the wake of the 2016 election were highly praised by the panelists. Unlike many states, New York never abandoned paper ballots so as always to leave a “paper trail” in the event of a hack. New York’s voting machines are also not “networked,” but rather are all independent machines. This makes it impossible to hack the entire system or even the machines.

“The election results are stored on the device, on two separate -- they look like flash drives, we call them portable memory devices, PMDs -- one is for unofficial results, the other remains with the machine itself for the official results,” said Ryan. “And, in addition to that, there is paper ballots. So if there was ever a really catastrophic event, we still have the paper to make sure that even though the mischief occurred, the outcome and the integrity of the outcome, which is all we could ultimately preserve, is maintained.”

Still, in the event of a hack, the city and state may still be underprepared. Ryan suggested that the BOE may be due for an increase in staffing to supplement its monitoring services.

Senator Krueger, a Manhattan Democrat, ranking member of the Senate finance committee and a member of the elections committee, said that the focus should be not just on whether the 2016 elections were meddled with, but when and how it would happen again, in 2018 and beyond.

“Rather than talk about the fact that, apparently, they are hacking our elections, and we have to assume we’ll have future elections hacked, I think the lesson from yesterday, I agree, the timing was perfect for this discussion, was if you don’t have any faith that your elected officials are going to follow the law and uphold their duties and responsibilities, we are in serious trouble as a state, a city, or a country,” Krueger said, in reference to the press conference held by President Donald Trump alongside Russian President Vladimir Putin.

Twice during the hour-long discussion, Krueger stressed that New York has never adopted electronic-only voting systems, instead opting to leave the paper trail to ensure votes are counted. She explained that she had been part of the fight to ensure paper ballots were still used as many other states were moving to digital-only, which has come back to haunt them.

Ryan noted that the 2016 election-related hacking led the BOE to conduct, for the first time, election security exercises and simulations meant to quickly and efficiently identify and neutralize threats.

“We did our first tabletop exercises in the lead-up to Election Day,” Ryan said of November 2016. “Tabletop exercises are the way that agencies keep the muscles limber, reenacting real world scenarios in a serious way, and we did a tabletop exercise on the Thursday before a presidential election for almost seven hours. Shows you the seriousness with which everyone took that.”

Asked whether New Yorkers should stop expecting immediate and secure election results, Ryan demurred. Kaminsky said he would love to see Long Island election night results come in more quickly, like New York City is able to do.

Ryan indicated that if there was a vulnerability to hacking it would be in the uploading of results from polling places to the BOE, and that if a bad actor was intent on causing some "chaos" they would possibly be able to do that for a short period of time, but that systems, while expensive, are in place to mitigate any effects fairly quickly. There may be some temporary confusion, he said, but it would be quickly corrected.

“If there is a problem,” Ryan said, “we have backup systems in place. We can leverage police department personnel to shut down the uploading of the results from the poll sites, and shift that to the local police precincts.” Ryan said that BOE sytems are now constantly monitored throughout the year through work with New York City's technology department.

Krueger kept to her admittedly skeptical theme by recounting an anecdote of first-year computer science students successfully breaking into voting machines in Ohio within an hour-and-a-half.

“When everyone who takes the college computer class can do it in the first hour and a half, you should be very, very worried,” she said.

Hodge, whose firm is hired by governments to sure up their cyber security and election systems, said that along with the voting machines and election results, the voter databases and rolls should be protected and secured as well. He also said that policymakers should prioritize being able to detect problems immediately, and that New York carefully vet election vendors to ensure that security is prioritized.

"Thankfully," Assemblymember Buchwald said early in the program, "we've had a fairly proactive approach here in New York, not to toot my subcommittee's own horn, or the entire Assembly election committee, but we've actually had already two public hearings on election security, the most recent of which was this past November after the local elections. And if you were at the hearing, if you watched it online, you would have heard the words 'Cambridge Analytica' four months before they became national news."

Governor Cuomo’s announcement of new measures comes on the heels of a new law aimed at securing the state’s elections passed earlier this year. The law prohibits foreign entities from forming independent expenditure (IE) committees to buy ads on social media, requires ad buyers on social media to register as IE committees and for the name of the IE that bought the ad to be clearly displayed, and requires the State BOE to make political communications more transparent and accessible.

***
by Ben Brachfeld, Gotham Gazette

Read more by this writer.

]]>
Experts Confident in New York Election Security, Though Risk of Temporary ‘Chaos’ Remains Thu, 19 Jul 2018 04:00:00 +0000
Vote ‘Yes’ on Question 2 and Send Albany a Message http://www.gothamgazette.com/?id=7290:vote-yes-on-question-2-and-send-albany-a-message http://www.gothamgazette.com/?id=7290:vote-yes-on-question-2-and-send-albany-a-message de blasio town hall

(photo: Edwin J. Torres/NYC Mayor's Office)


This Election Day, New Yorkers have an opportunity to vote for ethics in government. You won’t see the words “anti-corruption” or “integrity” on the ballot, but make no mistake – these essential elements of trust in government are at the core of Ballot Proposal 2, which will be put before voters on November 7.

Proposal 2 -- which can be found on the back of your ballot with two other questions -- seeks the public’s approval to amend our state constitution to “allow a court to reduce or revoke the public pension of a public officer who is convicted of a felony that has a direct and actual relationship to the performance of the public officer’s existing duties.”

If a majority of New Yorkers vote “yes” on Proposal 2, no longer will pension dollars automatically go to felons sitting in jail who have thoroughly violated their oaths of office. For crimes committed after the enactment of the constitutional amendment, not only would taxpayer money be saved, but also the message would go out that the Empire State no longer tolerates – and bankrolls – corruption.

When I proposed a pension forfeiture constitutional amendment during my first year in the State Assembly, 2013, I was told there was no chance of this idea passing in Albany. Criminal conduct among elected officials was all too common. Many ethics reforms had gone nowhere in our state capitol. The State Assembly was led by Sheldon Silver and the State Senate headed by Dean Skelos, two men who would be forced from office after being embroiled in corruption scandals. But broad backing from the citizens of New York helped this idea overcome many hurdles, leading to the 2016 and early 2017 legislative passage of this proposed constitutional amendment, which placed the measure on this November’s ballot.

A vote in favor of Proposal 2 would send a clear message to state officials that we no longer tolerate corruption, forewarning them of what is to come if they violate the public trust they’ve sworn to uphold. Proposal 2 empowers voters to respond by putting ethics reform directly in our state constitution. (Don’t confuse this vote with the vote on Proposal 1, which asks whether New York State should hold a constitutional convention – a convention would likely deal with many other topics beyond ethics reform.)

If voters overwhelmingly support the pension forfeiture amendment, Proposal 2, New Yorkers will then be on firm footing to pressure the State Assembly and Senate to take up other needed reforms. These should include closing the “LLC loophole” that allows the use of limited liability corporations to funnel massive amounts of cash into election campaigns, and banning companies and individuals bidding on government contracts from making campaign contributions to state elected officials who have authority to approve or reject those bids.

A big win this Election Day for Proposal 2 would demonstrate that the public wants ethics reform. Too many people in Albany believe that ethics reform is something voters don’t care about. Prove them wrong – vote YES on Proposal 2.

***
David Buchwald is a New York State Assemblyman from White Plains. He represents over 130,000 residents of Westchester County. On Twitter @DavidBuchwald.

***
Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

]]>
Vote ‘Yes’ on Question 2 and Send Albany a Message Thu, 02 Nov 2017 04:00:00 +0000
On Your November Ballot: Stripping Pensions from Corrupt Politicians http://www.gothamgazette.com/?id=6740:on-your-november-ballot-stripping-pensions-from-corrupt-politicians http://www.gothamgazette.com/?id=6740:on-your-november-ballot-stripping-pensions-from-corrupt-politicians silver skelos cuomo sampson

Sheldon Silver & others in 2011 (photo: The Governor's Office)


This November, New York voters will get to decide whether state officials who are convicted of public corruption can be stripped of their pensions.

A government ethics reform bill, jointly passed by the state Legislature Monday for a second time, amends the state constitution and allows the state to reduce or revoke the pension of a public officer that has been convicted of a crime related to his or her official duties.

Under the measure, a public officer convicted of a crime would be subject to a court hearing, which would determine the fate of of the officer’s pension. Current law only allows pensions to be stripped from lawmakers convicted of a crime who joined the retirement system after August 15, 2011, but this constitutional amendment would make the forfeiture apply retroactively to all currently in government.

Because it is a constitutional change, it must pass two consecutive classes of the state Legislature, which this legislation has now done, and then be approved by the voters via ballot referendum.

A public push for the legislation came after it was revealed that disgraced ex-Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver, as well as other corrupt public officials, were granted pensions despite convictions on public corruption charges. As they face prison sentences, Skelos is to receive $95,832 annually and Silver, $79,224 a year, according to The Daily News.

While many state legislators’ initially appeared content to keep the pension (forfeiture) system as is, a public outcry following news reports on the Skelos and Silver pension packages appears to have changed their minds. A 2015 Quinnipiac University poll found that voters supported pension forfeiture for corrupt officials 76 percent to 18 percent.

The new pension forfeiture measure will appear on the ballot November 7 of this year, as voters go to the polls for the general elections in a variety of local offices. In New York City, elections will include those for mayor, public advocate, comptroller, borough presidents, all of the City Council, and others.

On the flip side of the ballot from candidate choices, alongside the pension forfeiture “yes” or “no” question, will be another somewhat related referendum: whether New York State should call a constitutional convention. That question is required to appear on the ballot every 20 years, but New Yorkers have not called for a Con Con, as it is often referred, in several decades.

A chance to rewrite the state constitution, a constitutional convention could result in the enactment of numerous government ethics reforms, from different pension forfeiture rules to the closure of the infamous “LLC loophole,” term limits for elected officials, and more.

The last time a constitutional convention was on the ballot, in 1997, it did not pass, in part due opposition from labor groups and other special interests, which factor into this year’s vote as well. However, not only is there currently a “take back the government” political moment occurring, but the fact that the constitutional convention question will be accompanied by the popular pension forfeiture referendum could potentially have a “coattail effect,” according to Blair Horner, executive director of the New York Public Interest Research Group (NYPIRG).

“From an advocate’s perspective, I think this makes it easier to get it passed,” Horner said of Con Con. “Any sort of political campaign is difficult to run, when you are telling people vote “yes” on one and “no” on the other, because people forget which is which.”

According to the new measure, a court’s decision to reduce or revoke pension benefits would consider factors such as the severity of the crime and whether a reduction might be proportionate to the offense. Public officers include elected officials, direct gubernatorial appointees, municipal managers, department heads, chief fiscal officers, and policy-makers.

“There must be zero tolerance for public corruption, and these ethics reforms are crucial to holding officials accountable and making sure they don’t profit from abusing their positions,” said Senate Majority Leader John Flanagan in a statement. “Now the measure will go to the voters so that they can have the opportunity to join with us in taking a strong stand against corruption.” Flanagan, a Long Island Republican like his predecessor, replaced Skelos as majority leader when Skelos stepped down amid federal charges.

Assembly Speaker Carl Heastie, a New York City Democrat who replaced Silver when Silver stepped down from his long-time speaker post, said similarly. “The Assembly Majority believes that public officials who violate the public’s trust and engage in corruption should face the consequences of their actions including the forfeiture of taxpayer funded pensions,” said Heastie in a statement.

The proposal, sponsored by Assemblymember David Buchwald, a Westchester Democrat, and Senator Thomas Croci, a Republican from Long Island, would also allow the court to order pension benefits to be paid to an innocent spouse, minor dependents, or other dependent family members after consideration of their financial needs and resources.

Good government groups were quick to commend the Legislature’s reform efforts as a step in the right direction. Still, the potential loss or reduction of pension benefits -- a punitive measure -- is less likely to deter corruption than more preventative measures that reformers have called for, like a public campaign finance system and stricter limits on campaign donations. Jail time and other penalties faced by corrupt politicians have appeared to show little effect as state lawmaker after state lawmaker is put behind bars.

“Public officials who break the law shouldnʼt get a taxpayer pension, period. Thanks to Assemblymember Buchwaldʼs and Senator Crociʼs persistent efforts to pass this needed response to our state’s on-going ethics crisis, New York is one step closer to restoring the public’s trust in government,ˮ said Susan Lerner, Executive Director of Common Cause New York, in a statement.

The Legislature also passed a joint resolution Monday that requires any member of the Legislature earning at least $5,000 in income through outside employment to get advisory permission from the Legislative Ethics Commission, to ensure the employment is consistent with the New York State Public Officers Law.

Governor Andrew Cuomo outlined a ten-point government ethics plan earlier this year as part of his State of the State tour and policy plan. Cuomo said he will be pushing reform measures, including campaign finance reform, in budget negotiations with the Legislature. The governor is supportive of the pension forfeiture amendment and has said he is supportive of a constitutional convention, but he did not include it in his 149-plank 2017 policy agenda.

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

]]>
On Your November Ballot: Stripping Pensions from Corrupt Politicians Tue, 31 Jan 2017 05:00:00 +0000