Huge correction: More opposition to Yahoo's Yang than first tabulated

By Scott M. Fulton, III | Published August 6, 2008, 12:01 PM

In an error literally akin to finding the "0" key stuck on your typewriter, a major securities service admitted it had problems adding values ranging into the hundreds of millions, in its tabulation of Yahoo shareholder votes last Friday.

The provider of securities processing services to seven of the US' top ten brokerage firms, according to an SEC filing, admitted late yesterday that it did indeed make a serious error in the tabulation of shareholder votes for Yahoo board members during its shareholders' meeting on August 1.

The error, acknowledged yesterday by Broadridge Financial Solutions, affects any column of the voting tabulation that requires nine digits to tabulate. For an unspecified reason, nominee board members who received per-share votes for or against totaling a nine-digit number had votes removed from their "against" column and moved to their "for" column. The number of votes moved was itself a multiple of 100 million shares.

If you're wondering how a "truncation error," as Broadridge characterized it, involves a power of 10 rather than the usual power of 2 reflects most database errors, the answer apparently involves the dynamics of the system: Shareholder votes were tabulated on paper.

As the firm's senior vice president, Chuck Callan, admitted yesterday, "Upon review, it was determined that there was a truncation error in the final printout sent to the tabulator. This resulted in the underreporting of shares withheld for certain directors. This error did not change the outcome of the election of directors, and was determined to be an isolated incident."

Broadridge was forced to re-evaluate its original tally after a major Yahoo shareholder, Capital Research Global Investors (with an estimated 6% stake in the company), issued a public complaint and challenge early yesterday, stating the share tally against CEO Jerry Yang should have been higher. (The actual vote count among specific Yahoo shareholders is kept secret.)

A chart showing exactly who benefitted from the Broadridge tabulation error in the Yahoo shareholder vote August 1.
A chart showing exactly who benefitted from the Broadridge tabulation error in the Yahoo shareholder vote August 1.

Curiously, the directors most affected by the truncation error included Yang and Chairman Roy Bostock, along with private investor Ronald Burkle. These three directors were originally reported to have had exactly 200,000,000 fewer per-share votes withheld (not voted up) than in the adjusted final tally. Former Northwest Airlines Chairman Gary L. Wilson and American Media publisher Arthur H. Kern's tallies were also adjusted, giving them each 100,000,000 more votes withheld. Tallies for all other board members, whose withheld votes were lower than 100,000,000, remain intact.

In a blog post for IR Report this morning, securities business consultant Dominic Jones stopped short of throwing his hands up in disgust over the admission that, in this day and age, a major securities firm can get such a big digit wrong. "Despite assurances from the company that the gaffe was an 'isolated incident' or 'unique,"' Jones wrote, "the fact that Broadridge is so vital to the integrity of the US corporate proxy voting system means that errors as basic as a system not being able to print numbers with more than eight digits should not be easily excused."

A double-check of Broadridge's revised figures by BetaNews shows its revised tally of the new vote split -- the number of shares withheld compared to the number of shares cast -- to also be slightly in error, though not by much. The number of withheld shares against the re-election of Chairman Roy Bostock was actually 39.93%, not 39.6% as reported late yesterday.

But although this doesn't mean the upset of any of Yahoo's board members, it's still a far cry from the cakewalk that BetaNews reported Monday, based on Broadridge's original tally. At that point, it seemed Jerry Yang had sailed through with 85.4% of shares cast; in actuality, he passed with just under two-thirds of shareholder support, at 66.25%.

In a statement to the San Jose Mercury News this morning, Yahoo denied playing a role in either the tabulation error or the tabulation process as a whole.

Comments

View comments by with a score of at least

i can't believe it took you 10 paragraphs to get to the important part of the story. come on already.

Score: 0

|

The author Scott M. Fulton III. Does this surprise you?

Score: 0

|

"Yahoo *denied* playing a role in either the tabulation error or the tabulation process as a whole." - there it was again :-)

Score: 0

|

I know it's silly and really shouldn't happen, but over the years you notice that spotting the simplest of flaws is usually the hardest to do.

/Didn't spot that a user was using a broadband filter incorrectly yesterday for half an hour, though their internet worked with it like that before, but **** knows how

Score: 0

|

I 100% know where you're coming from, sir - the devil is truly in the details (and that's why you never trust anyone who won't give them to you). What boggles my mind is the whole "tabulated on paper" thing. I mean, whats the next headline, "Yahoo Vote Contested Due to Hanging Chads"?

Score: 0

|

Microsoft's Ray Ozzie: 'Nobody's going to be 100% open'

The mobile apps ecosystems of the world may converge over time, led by apps being ported over across platforms, according to the Chief Software Architect.

Will Firefox beat IE9 to Direct2D rendering?

Just days after Microsoft executives gave conference attendees a peek at a new rendering technology, a Mozilla contributor revealed he's working on the same thing.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

The fallacy of Facebook privacy

Carmi Levy | Wide Angle Zoom: If an insurance company learns something interesting about its client through the Internet, is that snooping?

Microsoft 'worked with Apple' for Silverlight on iPhone, says Goldfarb

By not making such a big deal out of trying to stream video to the iPhone, Microsoft got a big deal out of it, revealed the Silverlight product manager.

Clicker.com cuts through the Web video chaos

In a world where homemade video and Hollywood movies travel the same pipeline, it's good to have a real search engine to cut through the clutter.

A case study in improving software: What Office 2010 can learn from Notion 3

A music composition product gambles with a complete overhaul, in an effort to make headway against two well-known competitors in a tough market.

Kindle 2 update adds battery life, native PDF reader

Amazon has pushed out an update to the Kindle 2 e-reader that lengthens battery life and adds a native PDF viewer.

Safari on iPhone gets competition from a $1 browser app

Apple likes to say it gives iPhone users a full browsing experience, but a new competitor tries to incorporate more desktop browser features.

Action Replay maker sues Microsoft for Xbox 360 'predatory technological barriers'

Third-party video game accessory maker Datel has filed an antitrust lawsuit against Microsoft over the Xbox 360's recent Dashboard update.