A Free State for Idaho: A Second Report from Idaho
by Hari Heath
Idaho is under consideration to become the Free State. Why should Idaho become
the Free State? Under various criteria established by the FSP, Idaho falls
somewhere near the middle to the front of the pack. Idaho has more diverse
opportunities than most of the other states in contention. Idaho has a moderate
climate, a pre-existing "liberty" culture, varied geography and economic
opportunities, and a quality of life that can be enjoyed across the spectrum,
from remote wilderness settings to modern, urban environments.
Idaho, especially once you step out of the Boise beltway (where the current
socialists in office "work" and play), is one of America's few remaining
liberty cultures. Those who have been here a generation or more are likely to
have come from that independent pioneer or native stock.
Recent migrations have seen many move to Idaho who wanted to get away from the
more "developed" states. Some have blended into Idaho culture and some have
brought their former lifestyles with them. Idaho now has a mix of comfortable
living in urban/suburban settings and rural lifestyle opportunities.
Idaho Politics
Politically, Republicans have dominated Idaho for years. There are many reasons
for this. Generally, Idaho is an independent, conservative, and individualistic
society. Traditionally north Idaho is the main refuge for Democrats. Those
Democrats, however, often tend to behave like Republicans. On the other hand,
many "Democrats" joined the Republican Party some time ago so they could get
elected. So some of our Republicans tend to behave like Democrats.
The Libertarians of Northern Idaho fielded more candidates this year than the
Democrats did. Given the weak standing of the nearly DOA Democratic Party, it
would not take a monumental effort for the Libertarians to become the second
most powerful party. That would provide the opportunity to inject Libertarian
issues into the Idaho political debate.
Most Idahoans are unfamiliar with the Libertarian platform. There are a lot of
Libertarians in Idaho that just don't know it yet. The Constitution Party has
also made a good showing this year, with potential for improvement.
If the FSP moves to Idaho, a "Liberty Party" or coalition of Libertarians,
Constitution Party members, and free-thinking Republicans could be put together
to develop some in-state political clout and challenge Idaho's Republican
guard.
Twenty-thousand liberty activists could go a long way in Idaho. There aren't
20,000 republican and democratic activists in Idaho now. Idaho uses the caucus
system. In some of the less populated counties, it would not be inconceivable
for 10 or 20 "activists" to show up at either the Republican or Democratic
caucus, take it over, run their own candidates, and knock incumbents and
conventional candidates down to write-in status.
An unintended result of so many activists moving to a state with a liberty
agenda would be the eventual exodus of dyed-in-the wool socialists. Those who
want to get their good life from the taxes of others will have to move to
greener pastures once the "bennies" dry up.
The wheels of socialism have been turning in Idaho like anywhere else in modern
America. There will be resistance from the "there-oughta-be-a-law" politicians
currently in power. And the hordes of agency employees will not go away with
out a fight.
Local Government
Idaho's 44 counties use a three-Commissioner system for their management.
Obtaining two of those seats by Porcupine-inclined activists would give broad
control of county government. Commissioners, in addition to being the executive
head of the county, have the power to pass or repeal ordinances. They also
have limited judicial powers to hold hearings and determine certain issues. A
modicum of effort could establish a "free county." This could become the base
of operation for the establishment of a "Free State."
The Idaho legislature and people passed a constitutional Amendment a few years
back allowing for optional forms of county government. The intent was to
promote more socialistic forms of county government, but it also opens the door
to "optional forms of county government," giving Porcupines some room for
creative governance.
Citizen Initiatives and Referendums
Idaho has one of the best opportunities in the nation for direct citizen
legislation. As a constitutionally-enshrined right, the people can make laws
through the initiative process, or repeal legislation with a referendum. With
one of the longest signature gathering periods in the country and reasonable
initiative and referendum process requirements, Porcupines will be able to
create a Free State "by first reforming state law."
The Idaho Constitution can be amended after a proposed amendment is passed by a
super majority of both the Senate and the House, and then ratified by a simple
majority vote of the people. A Porcupine legislature, with the consent of the
people, could add liberty teeth to our state Constitution.
One Initiative is currently in process, that, if passed, will definitely help
ensure Idaho's free state. The Idaho Judicial
Accountability Act of 2004 will create a citizens commission to hear
complaints of judicial misconduct and hold judicial officers accountable to the
laws and Constitution. Once the judiciary is bound to obey the law, the
legislative and executive branches will be compelled to follow.
Guns
Guns are a traditional component of Idaho culture. Gun stores, gun shows, and
shooting ranges, informal and organized, are common in Idaho. Concealed carry
permits are easy to get, as long as you provide fingerprints and pass a federal
background check. Only convicted felons, drug addicts, and those declared
mentally infirm can be denied a concealed carry permit in Idaho. Permit
holders are exempt from the federal waiting period and background checks for
gun purchases. State law allows concealed carry without a permit when you are
not in a vehicle or an incorporated town. The state Constitution prohibits
restrictive local gun laws and any firearms registration scheme.
As reasonable as they currently are, Idaho's gun laws could be improved. An
unlicensed concealed carry law could be passed by a Porcupine legislature and
replace the current concealed weapons license. An Idaho "Free State" could
challenge the unconstitutional National Firearms Act of 1934 and the Gun
Control Act of 1968. These and other federal disarmament laws could be
repealed, at least within the "autonomous" borders of a free Idaho.
A Free State Militia
Idaho's Constitution already provides for a state militia. A Porcupine
legislature could fulfill its constitutional duties to "enroll, equip and
discipline" every able-bodied male between 18 and 45 to ensure Idaho's
sovereign autonomy.
Federal Equations
The amount of federal land ownership in a state is being considered by the FSP
for both positive and negative factors. "More federal land ownership might mean
an excuse for federal meddling in the state, but it could also mean a
legitimate grievance for the state's citizens."
Federal dependence, particularly whether a state receives more or less federal
funding than it pays in federal taxes, is also factor being given
consideration. States that get more federal handouts than they pay for are
likely to be harder to wean from federal socialism. Idaho is in the middle of
the pack of the FSP contenders on this issue.
The federal government claims to "own" two-thirds of Idaho under the
presumptive administrative authority of The Forest Service and the BLM. There
are considerable grounds for Idaho citizens to have a legitimate grievance.
Especially when history, the current lethargic federal management schemes, and
the constitutional facts of life are considered. The federal Constitution
prohibits the federal government from owning any lands within a state except
for certain military purposes and other needful buildings, and then, only after
being purchased with the consent of the state legislature. The Idaho
Constitution conveyed all property of the Idaho territory to the new state upon
admission to the union. The Congress accepted, ratified, and confirmed the
state Constitution in the Idaho Admission Act. But unconstitutional
Presidential Proclamations usurped much of the Idaho public lands soon after it
became a state (see
The Big Lie) Two-thirds of Idaho is currently "administered" by a federal
government which has no lawful authority to do so and is therefore prohibited
by the Tenth Amendment from owning "public" forest and range lands.
Why doesn't Idaho resume management of the public lands fraudulently held by
the federal government? Because the current political powers in Idaho don't
want to rock the boat and risk losing their federal handouts. What would be the
result if Free State activists assumed a majority position in state government
and chose to give up all the federal handouts (which they plan to do anyway)
and reassumed ownership of the two-thirds of Idaho that was unconstitutionally
"taken"? Vast public resources, the size of any eastern state, could be managed
by those most able to do so the people who live here. Forestlands,
mineral properties, rangelands, recreational resources, and even wilderness can
be managed under the Idaho state motto esto perpetua.
Resources
One criteria that appears to be missing from the FSP's evaluation of the states
is resources. Especially natural ones. How can a state be independent and self
reliant without the means to do so? The resource oversight is understandable,
considering many of the FSP's founders are from the more urban eastern states,
where resources are more likely to be acquired in commerce than by development.
The relative qualities and quantities of each prospective state's resources
appears to have escaped the FSP's consideration. Western states typically have
a much greater quantity and diversity of resources than the eastern states, and
have populations of people who know what to do with them.
Sometimes known as the gem state, Idaho has abundant gems, precious and
industrial metals, and minerals. Mining was one of the first post-European
settlement activities.
Agriculture is common throughout Idaho and is a major component of the Idaho
economy. Productive land is an important resource for any self-reliant
Porcupine.
Idaho has supplied a wide variety of forest products for well over a century.
We also have wilderness areas (nearly the size of New Hampshire) and other
forestlands. With 20,000 activists to help wean us from federal handouts and
work to reassume ownership of Idaho's federally occupied public lands,
prospects could be good for Free State Idahoans. An accountable state
government and the teeth of our current State Constitution's corporations
article, could provide excellent management of our public lands while
preventing some of the past corporate abuses of Idaho's resources.
Recreation has become a dominant industry in many areas. White-water rafting,
skiing, snowmobiling, hunting, fishing, boating, and hiking are now major parts
of the Idaho economy and common Idaho pastimes.
Native Peoples and the FSP
Many of Idaho's native peoples have established tribal gaming enterprises over
the last decade or so. The proceeds enhance their tribal interests and provide
additional revenue for schools and other infrastructures. With gaming
enterprises, tribal economies have improved significantly.
On the one hand, Idaho's tribal members come from some very independent and
self-reliant stock. Freedom is an inherent native tradition. On the other hand,
more than a century of federally imposed administrative tribal governments,
coupled with abundant socialistic hand out programs have weakened many tribal
member's liberty spirit. Idaho native populations might be naturally inclined
to support the principles of the FSP, once they are shown a model other than
socialism to follow.
Alternative Schooling
Home schooling is common in Idaho with some reasonable cooperation between
public schools and home schoolers on extra-curricular activities. Many home
schoolers teach their children completely without government involvement.
Children between the ages of 7 and 15 are required to attend some form of
schooling. The statutory requirement only specifies that they be "otherwise
comparably instructed." There is no state-required testing, teacher
qualifications, or obligation to divulge the nature of the home school program.
Home schoolers do not have to inform the school district that they are home
schooling, and case law has established the burden of proof is upon the
district to prove that any home schooling does not meet the statutory
requirements.
Charter schools began a few years ago in Idaho, in what is essentially a
state-funded, private school program. Time will tell how long "private" charter
schools can remain on public funds. They do, however, tend to provide more bang
for the buck or less bucks giving public schools much needed
competition.
Vaccines
Like other states, Idaho has an active vaccination program. While most of the
public literature portrays vaccinations as mandatory for school age and under
children, it is a voluntary program. Exemption from the otherwise "required"
vaccination of public and private school children is possible when a signed
statement is filed, stating life or health endangering circumstances, religious
or other objections.
Climate and Geography
Idaho has a wide variety of climates, terrain, and regions.
Central Idaho is largely a rugged mountain country that separates the other
regions of Idaho. A two-lane highway passes through its western side,
connecting northern and southern Idaho. At its core is a vast wilderness that
is largely unroaded because of the terrain. Several major rivers have carved
the deep canyons of Central Idaho where mostly small towns and rural settings
are predominate. Climate varies with the elevation, from the high country
covered with snow until July, to river bottoms and canyons that provide a
"banana belt" and good gardening opportunities.
Northern Idaho is a mix of mountains, valleys, and prairies. Warm summers and
moderate winters are common at the lower elevations. Climate is influenced more
often by coastal weather than the central prairies. Couer d'Alene is the major
city in North Idaho, which is dotted with many medium to smaller towns.
Southern Idaho contains the majority of Idaho's population and its political,
economic, and industrial base. The Treasure Valley around the greater Boise
area has a climate with hot summers and moderate winters. Urban and suburban
development along the Snake River is surrounded by active agricultural
production.
Eastern Idaho is a mix of high desert, mountains, and agriculturally developed
prairies. Several eastern cities provide urban living opportunities, with many
medium to small communities scattered across the mostly open terrain.
Idaho provides a vast array of rural living opportunities. High mountains,
river valleys and canyons, the southern and eastern desert areas, the prairies
and plains, offer many diverse choices for rurally inclined "Porcupines."
Economic Opportunities
Idaho ranks number one on both the FSP's projected jobs-growth analysis, and
their economic freedom index. Contrary to the FSP's listing, Idaho
does
have a port in Lewiston. Although not a deep-water port for the larger ocean
going vessels, many commercial products are barged up and down the Snake and
Columbia Rivers. Rail service is available throughout Idaho. Idaho shares a
short border with Canada and has two ports of entry.
Many businesses have relocated to Idaho because of lower taxes and less
regulations when compared to other states. With some Porcupine influence, Idaho
could improve this trend and become a gleaming example of a broad-based
free-market economy.
Land-Use, Regulations, Building Codes and Federalism
Idaho is straddling the fence when it comes to land-use regulations and
building codes. The forces of socialism and federalism have imposed active
land-use strategies and construction requirements in most urban and suburban
areas. The extent of the regulatory controls depends on how developed the area
is. All counties have some form of building code on the books, but many,
especially the rural counties, have lax enforcement of the code. Generally the
farther you get from pavement the less regulation there is.
On the one hand, the wheels of social control have been turning in Idaho; on
the other hand, socialism's wheels seem to be stuck in the ditch. For example,
no contractor's license is required to build houses commercially, but you are
required to get a landscapers license to plant shrubbery or install a lawn
sprinkler system on the same house.
Many of the rural counties had building codes forced on them by FEMA, through
federal flood insurance requirements. Similar federal back-door mandates are
establishing citizen-tracking systems under the guise that emergency responders
need a rural location identification system. The RIN or Rural Identification
Number has been imposed on most rural Idahoans and is also conveniently useful
for the construction of databases for citizen tracking and property mapping.
There are many other land-use and regulatory issues on the table that could be
positively resolved by a herd of Porcupines. Road closures on public lands,
"endangered" predator re-introduction, superfund sites, and environmental
regulations are among the issues being imposed on Idaho by the federal
government.
The Constitutional Defense Council
The Idaho Legislature has already paved the way for the Free State's plan to
"finally negotiate directly with the federal government for appropriate
political autonomy."
Under statute (Idaho Code 67-6301), the Constitutional Defense Council, which
consists of the Governor, the President of the Senate, the Speaker of the
House, and the Attorney General exists for the purpose of "restoring,
maintaining and advancing the sovereignty and authority over issues that affect
this state and the well-being of its citizens." Meetings of the council may be
called by any member of the council, and may examine and challenge by legal
action, legislation, or any other legal means: Federal mandates; Court rulings;
The authority granted to, or assumed by, the federal government; Laws,
regulations and practices of the federal government; And any other activity
that is deemed appropriate by the council. The council may hire legal counsel
and may utilize staff and resources within state government for these purposes.
Once enough Porcupines assume a majority of the offices which make up the
Constitutional Defense Council, Idaho can begin to rein in the federal
government.
The Case for Idaho
Consider the alternatives. If you're going to live somewhere, climate is
important. It's easy to theorize about the relative importance of climate from
an office in Florida or a house in California, but how many FSP Porcupines
realistically want to hole up in Wyoming or the Dakotas for a high-plains
winter? How many would be able to brave a harsh Alaskan winter and still be
there in the spring? FSP meetings may not be well attended come February, when
the gas lines in your car are frozen and the motor oil is thicker than grease.
If you want to attract a following it needs to be attractive for the long haul.
A free state is not a one-year project. A cool but not too-cold Idaho canyon
like the Clearwater, the Snake, or the Salmon might be more preferable in
January than say, Bismarck ND.
And just what is the natural resource base of say, New Hampshire? How do
free-staters plan to build a free-market export economy? Maple Syrup and
hardwood flooring? Idaho already has diverse and productive natural resources
in greater quantity than all the eastern state candidates combined. It also has
the best economic prognosis according to the FSP's data.
The federal Constitution only authorizes federal ownership of lands within a
state for four specific types of military purposes and other needful buildings.
Once this fact becomes more widely known, and the federal usurpation of
two-thirds of Idaho is properly challenged by 20,000 Porcupines (and a few more
locals), we can "finally negotiate directly with the federal government for
appropriate political autonomy." That's a lot of Idaho to build a free state
with.
The political climate of Idaho is ripe for positive change. The republican
majority in the legislature has upset much of the electorate by repealing a
thrice-passed term limits law. The democrats are nearly DOA, and have been for
years. The libertarians have made record progress and the Constitution Party is
alive and well. That doesn't mean there aren't also a lot of lawyers,
lobbyists, and socialists eager to maintain business as usual.
Let's get real. How many liberty-loving westerners would actually cross the
Mississippi River to live? Easterners may like it there, but I don't think many
westerners could call it home even if we were the government. I've never
been there, but I'll bet "rural" Vermont looks a lot more like "suburban" Idaho
with deciduous trees. Size matters. And population density too.
Easterners and westerners are two different breeds of people. Are there only
20,000 liberty-oriented activists left in America? Eastern Porcupines would
certainly be welcome out west, but what about a free state east and a free
state west? We could alternate our annual free state convention and compare
notes.
In all fairness there are a lot of good things that can be said about Montana
as a choice for the FSP. Wyoming? Maybe. But Idaho, formerly known as the gem
state, would make a great free state. I like it already: Idaho, "The Free
State."
| 6507 Jester Blvd. Suite 511 Austin, Texas 78726 USA Voice: 512-219-0302 Fax: 512-219-0402 email: inquiry@ebenchmarks.com |
Statistical Analysis of the Free State Project Vote Count
Alan R. Weiss, Chairman and CEO of Synchromesh Computing and ECL, LLC

Synchromesh Computing
Statistically, the following charts show various breakdowns based on self-reported demographics collected during the voting. Note that many of these independent-minded people chose to not reveal any demographic information, but 1663 people entered in at least their age and 1642 entered in their education levels.

Chart 1: Self-Identified Gender of Participants
As you can see, the Free State Project Membership is comprised overwhelmingly self-identified as males, which certainly matches the demographics of the Libertarians Party. However, it also matches involvement in politics in general, so there is nothing particularly Earth-shattering in all this.
We wanted to track whether or not people were voting for their own state, a state next door to them (we called that "same region"), in the same compass point (a western state not adjacent but still "western", for example), or people voting for a state completely outside their current location.

Chart 2: Voting by Region. We figured out their current location by their return address.
This result is a little biased towards larger population states, but nevertheless does show that a fair number of people did not mind moving to a state far away from their current state, region, or even compass point. To track gender against region, we found that they were roughly equal in being flexible enough to want to move to far-off places:
| | Chose Region 1 | Chose Region 2 | Chose Region 3 | Chose Region 4 |
| Female | 8.2% | 5.9% | 34.4% | 51.6% |
| Male | 7.9% | 8.1% | 31.1% | 52.9% |
Table 2: Did Females Choose Differently Than Males? No.

Chart 3: Ages of Free State Project Voters
As you can see, most FSP members are skewed towards the younger side, with fully 75% being under age 50, and most of them being working age. It has been claimed that FSP people might be burdens on the welfare system of the selected state, but if they are they won't be taking old age benefits from New Hampshire. To check and see if this were the case, as best we could we tried to calculate a number of income related statistics:

Chart 4: Current Income by the Numbers
Not many FSP members currently make over $200,000 (as with the rest of society), but 1290 self-reported being above $20,000. In general, the FSP is comprised of middle and working class people, not rich for the most part (and, given marginal cumulative tax rates, including federal, state, local, property, school, and other taxes, it cannot be said that people making $200,000 to $300,000 are rich, either). The following chart compares income to education, and there are no surprises here: the greater the education level, the greater the income:

Chart 5: Income and Education

Chart 6: Age and Income. The Older, the Wealthier. Any surprises here?
A surprising number are not going to wait until 20,000 members join the Free State Project and choose to move to New Hampshire:

Chart 5: When Will They Move? Sooner than you think!
Some states were openly concerned about a population explosion. In one particularly paranoid and therefore humorous editorial in Vermont by Michael Patno, he expressed the opinion that about 4 people would move to Vermont for every Free State Project member (never mind that Vermont was not chosen - he was concerned that it might be). He thought that this would amount to a huge influx of 80,000 "new Vermonters." 
Chart 6: Most are just moving themselves, or with one other person
Breaking down the voters who selected New Hampshire, we find that, out of the number of people who selected it first, most were very well educated with at least some college, if not more. In other words, hardly anyone who had a less than a high school diploma picked New Hampshire for their top selection - or even in their top five.

Chart 7: How Educated Were the Selectors Of New Hampshire?
Chart 8: 38% Are either Professional/Scientific/Technical or in Information Workers. 18% declared "Other"
We believe that a significant number of "Others" are actually students or retired people. The FSP Members have a breadth of talent, but the New Hampshire, being the closest state to a significant high technology area (in this case, Boston/Route 128), probably had a lot to do with it winning. Jobs and job prospects apparently trumped many other concerns.
Conclusion
The Members of the Free State Project have spoken, and rather clearly at that, in their selection of New Hampshire as The Free State. It may be the case that this particular project spawns a second effort to select a western state (or even a western province of Canada) as a relocation settlement.
If this occurs, it will not be due to any fraud or abuse of the process during voting, but rather because some liberty-minded individuals decide, quite simply, they prefer a western environment to establish a new libertarian society. If so, Synchromesh Analysts would be honored to again conduct the vote (if there is one) and certify the results.
Liberty expanding across the land ... who could argue against that? Those that would argue against it, would do themselves a favor in questioning why one would.
Ballot Subcommittee Report for the Free State Project
Jason Sorens, Robert Hawes, Amanda Maxwell
May 15, 2003, revised July 7, 2003
Following are the ballot subcommittee's proposals for the state vote
procedures for the Free State Project.
Attached: sample ballot
Timeline
The deadline for people to sign up and enjoy the right to participate in
the vote is August 15. The ballot mailing will be put together immediately
(printed and stuffed, at least 5,100 copies; labels printed for existing
members), and independent vote counters will be chosen. The ballots will be
mailed out to all existing members on July 20. As new members come in they
will have ballots mailed to them. If 5,000 members will not have been reached
by the time of the deadline for signing up, the deadline shall be extended.
After the deadline, all members will have three weeks - until September 8 - to
send in their ballots. Ballots may be sent in by postal mail or as scanned
images attached to e-mail and clearly marked in the subject heading as Free
State Project ballots. Ballots must be received by the vote counters before
the end of this three week period in order to be counted. Ballots may be sent
in as soon as they are received. The ballots will be promptly placed on the
website for public viewing, by member number only, so that they remain
anonymous but can be checked by each voter. There is one week in which to
challenge the results on the basis that one's ballot has not been included or
has been miscounted. At the end of this week-long period (September 15), the
winning state shall be announced.
Immediately after the Vote
Anyone who has not cast a ballot or indicated an intentional abstention by
September 15 shall be removed from the membership rolls immediately. Anyone
who has opted out of the winning state shall be removed from the membership
rolls immediately. However, both groups of people should be contacted as soon
as possible with letters encouraging them to sign up again for the state that
has been chosen.
Design of Ballot
The ballot shall be designed with the member number and name stamped on
top. The middle of the ballot shall have ten lines for ranking the ten states
under consideration, and brief instructions on filling them out, as follows:
"Rank the states under consideration for the Free State Project, in order from
top to bottom. These are the states to be ranked: Alaska, Delaware, Idaho,
Maine, Montana, New Hampshire, North Dakota, South Dakota, Vermont, Wyoming.
Fill in your ranking next to each one: '1' for a first-place vote, '2' for
second place, and so on, until you reach '10' for your least favorite state.
If you wish to indicate a tie, fill in the same number for two or more states."
Below the ranking section, there shall be an affidavit reading as follows, "I
hereby certify that I am a signer of the Free State Project Statement of
Intent, that I am at least 18 years of age, and that I cast this ballot in good
faith. I understand that casting a fraudulent or falsified ballot will render
me subject to civil penalties." Each member shall be required to sign and date
this affidavit in order to have his or her ballot counted. In addition, each
member shall be requested to obtain the signature of a notary public, and a
line on the ballot shall be provided for this purpose. If a voter is unable to
notarize the ballot, he or she may instead include a photocopy of one of the
following documents showing his or her name: utility bill, driver's license,
passport, university identification, library card. If a voter is unable to
verify his or her identity in either manner, he or she must include a phone
number on the ballot (a line shall be provided for this purpose), so that a
volunteer from the Free State Project may contact the voter and authenticate.
Additional Materials in Ballot Mailing
The ballot mailing shall have a cover letter, explaining the timeline,
requirements, and voting method (Simple Condorcet, also called Simpson). The
cover letter shall also describe the other materials in the mailing and give an
address, email address, and phone number for questions relating to the ballot.
The Free State Project shall make available a toll-free number for this
purpose. The mailing shall also contain advocacy reports for each of the 10
states under consideration. Each report shall be one page in length, front and
back, and unless otherwise specified, in 11-point Times New Roman font with a
bold, centered title. Each report shall be vetted by the Research Committee
for factual accuracy and logical argument before inclusion in the mailing.
Supporters of each state shall be encouraged to collaborate on production of
pithy yet effective reports well in advance of the vote. Each working group
will provided with an e-mail list and should elect a group leader who will be
responsible for submitting the final report. The mailing shall contain an
addressed envelope for return of the ballot to the independent vote-counting
firm (described below). The mailing may contain a separate envelope addressed
to the FSP itself for monetary contributions to cover the cost of the vote.
Vote Counters and Reporting of Results
The services of a reputable election auditing firm will be secured to count
the ballots. The vote counters shall tabulate the ballots in the following
format in Microsoft Excel '97 or 2000:
AK DE ID ME MT NH ND SD VT WY #
Where beneath each column is placed the number of the rank on the ballot: 1
for first place, 10 for last place; the final column "#" shall contain the
member # of the person who cast the ballot. The spreadsheet will generate
Condorcet tables, including one on one comparisons for all states in terms of
votes for and against, and defeats and victories. The completed spreadsheet,
both all member ballots and all Condorcet tables and comparisons, shall be
posted to the website by midnight of the deadline for sending in ballots
(September 8). All members shall be strongly encouraged to write down and
remember their member numbers and then check to the website to ensure that
their ballots have been counted correctly.
| 6507 Jester Blvd. Suite 511 Austin, Texas 78726 USA Voice: 512-219-0302 Fax: 512-219-0402 email: inquiry@ebenchmarks.com |
Free State Project Vote Count, Certification Process, and Results
Alan R. Weiss, Chairman and CEO of Synchromesh Computing and ECL, LLC

Synchromesh Computing
Free State Project Vote Count , Certification Process, and Results
Background
Its actually an interesting problem: how do you assure that a healthy, contentious, very public vote of a private organization dedicated to liberty and freedom goes smoothly? How do you make sure that all the votes are counted according to a publicly-available process, that the votes are counted fairly and honestly, and that the entire process can be certifiable (that is to say, repeatable and trustworthy)? Can you establish the creation of free-market solutions to what was previously the purview of Government (often-times poorly), counting votes?
When ECL volunteered to create a "certifiable process" for counting The Free State Project's votes, Free State President and Founder Jason Sorens asked the Author, innocently enough, if we'd also be willing to count the ballots. We agreed, and together we decided to make history.
ECL, the EEMBC Certification Laboratories, has had over 5 years of experience creating and executing benchmark certifications for microprocessors, digital signal processors, and micrcontrollers as well as a operating systems and software tools. As the certification company for an industry-standard consortium of almost 60 semiconductor and software companies, all ardent competitors to each other, we have the sort of background you need to be able to create certifiable processes. With a rigorous background in engineering, a charter and mission explicitly stating fairness and honesty, trustworthiness and equality of treatment, ECL has successfully certified hundreds of benchmark scores. In the semiconductor industry, the results of benchmarking can, at times, be worth literally hundreds of millions of dollars in sales, so a lack of guile is considered necessary, to say the least. Companies, and individuals, trust ECL, and for our part we have never had our fairness questioned or in dispute.
The first step, obviously, would be to establish a Certifiable Process. If you want to know who won, however, you can jump to Page 5 and find out.
Creating the Certifiable Process - and the Results of the Process
The key would be to write up a process that included the following attributes, and publish that on the Free State Project website. The membership would have to "buy in" and trust it.
Repeatable
The Vote Count and Tally must be repeatable to a level of only 2 defects in the entire vote count. Furthermore, the actual ballots will be preserved for the future so that a vote count can be done at any time.
During ECL's Quality Assurance procedures, we sampled over 600 ballots and found only one, very minor error (which was immediately corrected). We estimated that there might be as many as five errors in the vote count, which we knew would not affect the outcome (but each defect would, of course, have to be corrected immediately).
In fact, our defect count showed that, after completing voting, there were essentially no defects in the vote count. After posting the double-checked database to the FSP website (to allow individuals to verify their own vote count once they entered in their FSP member number and their last name), not a single person contact ECL or the FSP, and reported that their vote was counted incorrectly.
Safe
ECL will make copies of all votes, and also scan them, providing a permanent record. Copies will be stored both on-site and off-site. ECL's physical security system is very secure, and has passed scrutiny of companies that have billions of dollars at stake.
In practice, we tried very hard to quantify the amount of work required to:
a.) open the envelope or retrieve the fax, or email.
b.) input the vote itself
c.) input the demographic information
d.) calculate and process any money donated (in fact, ECL processed over $13,000 and turned every federal reserve note, check, money order, silver and gold warehouse receipt, and other form of currency to the Free State Project).
We found that we could process a ballot at a rate of 1 per 2 1/2 minutes, but that scanning each and every ballot would add at least 5 minutes to the process. We decided, in consultation with the FSP Board of Directors, to instead do the following:
a.) Make a physical photocopy of each ballot, and store them off-site.
b.) Commit the spreadsheet database where votes were recorded to a Concurrent Version System (CVS) often used in software engineering, so that versions of the spreadsheet could be retrieved at any time.
c.) Back up the data every day to a second machine (a server), and burn a CD-ROM as well every two days.
If anyone questioned their vote, we'd have at least five copies (two paper, three electronic) and could always scan and send via email their ballot at the time of challenge. In practice, this was never required.
Checkpoints of the vote count showed a complete absence of defects as well, and we could retrieve any arbitrary set of ballots, double-check them, and calculate any defects. There were none, which we attribute both to good processes as well as the diligence of our ECL Free State Project Coordinator Erin Decatur Silkenson, a dedicated worker with a Bachelors Degree in Economics from Southwestern University in Georgetown, Texas. Erin was used to dealing with large amounts of data. Background checks on Erin showed she was reliable, dedicated, and amazingly tolerant of people's curious penchant for wanting to convey their opinions to the Free State Project itself by somehow forwarding it, along with their votes and occasionally money, to ECL.
Auditable.
At any time, the FSP Directors (or invited guests) can statistically sample the vote count themselves, and at any time the FSP can request a list of who has voted. A statistical sample should yield at most 1 error in 2500 votes. In addition, we will send all of the ballots to the FSP. ECL will do a cross-check after they have audited and compare our results. The results must match 100%. ECL will employ technology to make sure the ballots we have sent to the FSP are the same as the ones we counted.
ECL only received one request to come audit the vote count, and that person (also located in Central Texas) decided that she was too busy to actually come watch us open envelopes and enter text into the spreadsheet. The best way to audit is to have each member be able to double-check their own votes online after voting was completed, and FSP Information Services expert Matt Cheselka put the database online with alacrity after ECL finished the final vote tally and quality assurance procedure, certifying the vote.
Fair and Honest
Each ECL staff member having access to the votes (and it will only be two people) will sign affidavits and have them notarized of our vote count, honesty, and that we followed this CP.
Only two people actually had access to the votes, the spreadsheets, and the money that came in: Erin, and ECL / Synchromesh Computing Chairman and CEO Alan R. Weiss. Neither Erin, who is not a member of the FSP, nor myself (who joined rather late in the Project's history) had any axes to grind, and by profession both of us were intensely interested in what could only be described as "the truth." Economics is a profession that rests on hard data, and Benchmarking Certification by definition is designed to ward off corruption and report "the real results." Erin's family was from Ohio and New York, and Alan, born in NYC but raised in California, moved to Austin Texas 11 years ago. None of those states were on the selection list, and as Alan put it in a message to the Free State Project membership, "all y'all look alike - all cold weather states!"
Certification Granted
ECL/Synchromesh Computing hereby certifies the results of the Free State Project balloting and voting process as fairly conducted, results honestly polled, providing fair access to FSP members, and repeatable under all circumstances.

By This Seal, ECL Certifies the Vote Count as Accurate
Balloting Process, Timetables, and Turnout
If there was a flaw in the process, it was that ballots were mailed late to many members (being sent via US Postal Service Third Class instead of First Class from Henderson, Nevada). Combined with other delays, it truncated the voting time period by a couple of weeks, which in theory should not have mattered a great deal since the voting interval was still over a month. In practice, it caused some confusion, and furthermore the announcement schedule was fixed as a hard and fast end-date for Press relations reasons.
ECL was concerned that if a lot of members waited till the very last minute, the incoming flood would have proved to be uncertifiable given a "hard stop" date. In actuality, this was avoided because about half the members voted (reducing the incoming flow considerably) and members reacted with (mostly) timely responses.
Ballots were mailed out, and could be returned via US Mail Postal Express, Federal Express, Airborne Express, UPS, or other common carrier. The number of ballots returned by these means, costing each member a few dollars each, was staggering - well over 200 came in that way, almost 1/10th of the received vote. This showed, clearly, that of those that voted, they really cared about making sure their vote came in on time, and was counted. Because of the initial ballot dissemination snafu's, ECL decided to accept a fax of the ballot, or an Adobe Acrobat (tm) .PDF file. Later, ECL agreed to accept a JPEG file as well. In practice, about 1/10th of the ballots came in using these electronic methods (and towards the end, a higher percentage.
5000 ballots were ultimately mailed to FSP members, and ECL's final count of 2388 constitutes a return of 47.7%. While its tempting to be depressed about that, we believe the following factors are important to keep in mind, observationally:
· A government-sponsored vote (for example, an election or propositions) that saw almost a 50% turnout would be considered extremely newsworthy and be deemed a "very successful election."
· The Free State Project has been in existence for awhile, and doubtlessly a number of people had moved, didn't leave a forwarding address, or otherwise lost contact with the FSP.
· A certain percentage of people, realizing that signing up is fairly easy (although they had to make a Pledge), voting was quite another matter and might constitute even more of "a contract." This fear of really committing is to be expected in any movement that asks its members to sell their home, quit their jobs, pick up their lives, and move them to a state that may be quite alien or foreign to them and then "get to work" setting their lives back up as well as working for liberty and freedom and democracy. Given the magnitude of the basic decision, it is utterly astonishing that almost 50% even returned their ballots at all.
· The average dollar figure donated to the FSP was over $5 per voter, and would have been much higher had the FSP not encouraged people to fax or email in their vote (of course, the primary purpose of the vote was not fundraising, but rather to vote. ECL fully concurred that was most important). Further, the number of people calling and sending email to ECL to verify that their votes were cast and recorded was impressive, as were the number of votes returned by expensive common carrier rather than simply the US Postal Service regular first class mail. Those that voted, were very serious about their voting and it can be said with clarity that no one took it lightly.
The answer to "which state is the Free State" is New Hampshire.
New Hampshire not only beat 2nd place Wyoming by over 250 votes using the Condorcet Method, it also won if you just weighed "the number of first place votes granted to a state."
As Jason Sorens commented, "One interesting factoid is that preferences are very stable and
"well-behaved": not only is there a Condorcet winner over the entire 10 candidates, but if you eliminate the Condorcet winner sequentially, there is a Condorcet winner at each iteration, yielding the final ranking:
- New Hampshire
- Wyoming
- Montana
- Idaho
- Alaska
- Maine
- Vermont
- Delaware
- South Dakota
- North Dakota
As the following table shows, New Hampshire received 251 more first place votes, and 15 more 2nd place votes, than runner-up Wyoming.
| State | AK | DE | ID | MT | ND | NH | ME | SD | VT | WY |
| # of 1st's | 253 | 284 | 238 | 242 | 24 | 749 | 118 | 32 | 97 | 498 |
| # of 2nd's | 250 | 231 | 247 | 391 | 38 | 341 | 257 | 79 | 241 | 326 |
Table 1: Total Number of First and Second Place Votes by State
The total number of first and second place votes is greater than the total vote count because the FSP allowed people to vote for more than one first or second (or any place) entry. Many people, for example, gave a particular state a "one" and gave two or more states a "two", and sometimes gave many states a "ten" (indicating no interest at all in selecting that state).
Interestingly, it appears that the so-called "western Libertarians" divided their votes between Wyoming, Montana, Idaho, and Alaska, leaving the so-called "eastern Libertarians", who were much more unified in their first selection, clear access to win with their favorite, New Hampshire. If you combine, for example, the first place votes of Montana and Wyoming, you get 242 + 498 = 740, which would not have been enough to topple New Hampshire. But if you notice the spread between Idaho, Montana, and Alaska, it is much closer than the spread between New Hampshire and the next most popular eastern state, Maine. Montana seemed to be a very popular 2nd place choice, beating even New Hampshire as the second-favorite state. Clearly the industriousness, organization, and marketing of New Hampshire had some effect, though, because it won, and it was also a popular second place choice, even amongst so-called "western Libertarians."
The Members of the Free State Project have spoken, and rather clearly at that, in their selection of New Hampshire as The Free State. It may be the case that this particular project spawns a second effort to select a western state (or even a western province of Canada) as a relocation settlement.
If this occurs, it will not be due to any fraud or abuse of the process during voting, but rather because some liberty-minded individuals decide, quite simply, they prefer a western environment to establish a new libertarian society. If so, Synchromesh Analysts would be honored to again conduct the vote (if there is one) and certify the results.
Liberty expanding across the land ... who could argue against that? Those that would argue against it, would do themselves a favor in questioning why one would.
For more statistics, refer to the Statistical Analysis White Paper. We removed that from this Paper because some people were having difficulties downloading a very large file.