I stand by what I said.  By statute this isn't a paper 
ballot, though a normal person would consider filling in circles on a paper 
ballot to be filling out a paper ballot, regardless of whether it is counted by 
a device such as ES&S or Diebold employs, which uses reflected light to 
count the ballot, or by a system such as BallotNow where one is counting marks 
on a digital image of the paper ballot.  You and the other members of CVV 
certainly felt it was a paper ballot and we consider it a paper ballot.  
But, if it was a paper ballot, in the sense that statute defines it, we 
wouldn't be having this discussion because we would be hand counting the 
ballots.  Read the statute.
I did not say that a statistical 
analysis could not be performed because of the system we are using.  I 
never said that.  I said that the SOS's office would not allow your group 
to do such an analysis with live ballots for reasons that I explained to you, 
but that you could put together a test deck just like all the political parties, 
candidates, and issue groups are allowed to do, and do your own test deck.  
It is their opinion, and, incidentally, the state legislature's since they 
passed the law, that the purpose of a test desk is to verify that the 
machines are counting accurately.
"We" are not arguing about 
anything.  The statute is clear on this should you choose to read it.  
There is no connection between how statute classifies the system we would like 
to purchase and whether there will be a hand count/machine count 
comparison.  Now, as much as I've enjoyed this discussion, I have 9 
precincts in the city of Boulder that I've lost polling places for, and I'm 
willing to wager that a cross-section of Boulder citizens would like me to get 
them one by the August primary.
-----Original Message-----
From: 
Joe Pezzillo [mailto:jpezzillo@xxxxxxxxx]
Sent: 
Tuesday, April 06, 2004 12:04 PM
To: Halicki, Tom
Cc: Alice Madden; Barry 
Satlow; HIllary Hall;
crystal_boulder@xxxxxxxxxxx; Salas, Linda; Evan Daniel 
Ravitz; Jason
Salzman; Judd Golden; Lacy, Leslie; 
commissioners@xxxxxxxxxxxxxxxx;
cvv-discuss@xxxxxxxxxxxxxxxxx; Clay Evans; 
romanoff@xxxxxxxxxxxxxxxxx;
valenty@xxxxxxxxxxxxxxxxx; Robert Mcgrath; 
joel@xxxxxxxx;
toso@xxxxxxxxxxxxxxxxxxxxxxx; Sam Fuqua; CVV Steering 
Committee;
michael@xxxxxxxx; Wurl, Nancy Jo
Subject: Re: URGENT: SoS 
Rejects Citizen's Sample Count / Halicki Claims
Hart NOT Paper Ballot 
System
Tom-
Thanks for replying. Of course I know we 
discussed this, that's why I'm
concerned, and perhaps you can explain this 
quote from one of your
e-mails, then:
"By statute, this isn't a paper 
ballot per se.  It's an electronic
voting system, soon to be considered 
an electromechanical voting system
if HOB 1227 passes.  If this was a 
paper ballot, we wouldn't be having
this discussion."
Sorry for any 
misinterpretation.
As to your work on behalf of the Vendors, when have 
any of the
concerned citizens ever been invited to participate in even one of 
the
many private meetings you've apparently had with the Vendor and 
State
Officials about how to best implement their system that you have 
not
yet purchased?
As you point out, a cross-section of Boulder County 
citizens have asked
you to implement a statistically valid hand sample count 
to verify any
machine counts you do, and have expressed their willingness 
to
volunteer to participate in both planning and labor to accomplish 
this.
You have said you support this.
We have expressly called for the 
use of Paper Ballots and you have
claimed that your desired system is based 
on paper ballots.
You have now claimed that this statistical sample 
procedure cannot be
performed because we are not using paper 
ballots.
So which is it? Are we arguing about how to classify your 
desired
system as something other than based on paper ballots so that 
the
Citizens Requirements can be ignored, or are we voting and 
counting
paper ballots?
Joe
On Apr 6, 2004, at 
11:36 AM, Halicki, Tom wrote:
> This is much ado about nothing and the 
sky is not falling.  It is a
> paper based system as most normal 
human beings would know it, but
> state law makes a distinction between a 
paper ballot that is counted
> by hand versus a paper ballot that is 
counted by machine.  We had a
> paper ballot last year during the 
mail ballot election that was
> counted by machine.  That was 
considered  "electronic voting
> equipment" under state law.  
Same thing with Hart's BallotNow system. 
> If you lived in a 
community of 250 people and counted ballots by hand,
> that would be a 
"paper ballot" under state law.  See Article 7, Part 3
> and Part 
5.  You can argue with the state legislature about why they
> chose 
to make that distinction, but that's the way they chose to see
> it.  
I think most people would agree that what we did last year was a
> paper 
ballot, and will agree that what we will be doing this year is a
> paper 
ballot, regardless of how it is classified by state law.  Joe,
> you 
know very well that I discussed this with you and made clear that
> this 
was a distinction that state law makes.  Histrionics doesn't
> serve 
any good purpose here.  Further, I never said the digital ballot
> 
image is the official record of the vote.  Quite the contrary.  In 
the
> event of a recount, the paper ballots are counted again except 
that
> questions of voter intent on a ballot that have been resolved by 
two
> election judges of different parties must be resolved the same 
way
> during the recount.  I made that clear to you, Margot, Scott 
and Neal
> when we met here at the Elections office to discuss 
sampling
> approaches.
>
> As to the comment that we work for 
election system vendors, I won't
> dignify that with a 
response.
>
> -----Original Message-----
> From: Joe Pezzillo 
[mailto:jpezzillo@xxxxxxxxx]
> 
Sent: Tuesday, April 06, 2004 11:02 AM
> To: 
cvv-discuss@xxxxxxxxxxxxxxxxx; CVV Steering Committee
> Cc: Evan Daniel 
Ravitz; toso@xxxxxxxxxxxxxxxxxxxxxxx; Clay Evans;
> michael@xxxxxxxx; 
Barry Satlow; Robert Mcgrath;
> valenty@xxxxxxxxxxxxxxxxx; HIllary Hall; 
joel@xxxxxxxx;
> commissioners@xxxxxxxxxxxxxxxx; 
romanoff@xxxxxxxxxxxxxxxxx; Sam Fuqua;
> Alice Madden; Lacy, Leslie; Judd 
Golden; Jason Salzman;
> crystal_boulder@xxxxxxxxxxx
> Subject: 
URGENT: SoS Rejects Citizen's Sample Count / Halicki Claims
> Hart NOT 
Paper Ballot System
>
>
>
> Boulder County CVV Members 
and Other Concerned Citizens:
>
> Unfortunately, again we have some 
pressing issues to deal with in
> Boulder County relating to our new 
voting system:
>
> 1) The SoS by way of Drew Durham has rejected the 
proposal by Boulder
> County citizens to perform a statistically 
significant hand count of
> ballots to verify our voting system. The hand 
count has been considered
> a crucial component to verify the 
trustworthiness of any mechanical
> tally system. Without it, we have no 
way to verify the system is
> accurate (despite any vendor's false claims 
about their systems being
> perfect or elections officials claims that 
they know better than the
> citizens they supposedly represent). 
Therefore, unless it is
> definitively established as part of the 
procedure, I will suggest that
> we re-mobilize ASAP to vigorously oppose 
any unverifiable system being
> purchased by or used in Boulder County. 
Perhaps Evan Ravitz would like
> to detail his complete hand count 
procedure and now might be the time
> for us to consider such alternative 
approaches since we clearly cannot
> rely on State or Local elections 
officials (or the Vendors they appear
> to be working for) to provide 
trustworthy elections as we've patiently
> requested.
>
> 2) 
In learning about this, Tom Halicki, Boulder County Elections
> Manager, 
has said that the Hart system they propose to purchase IS NOT
> BASED ON 
PAPER BALLOTS, instead the paper ballots are simply a way to
> create 
electronic ballots via scanning, and these electronic ballots
> will be 
the official record of the vote. If this is the case, I will
> URGE that 
we re-mobilize to oppose any such system being purchased with
> our 
taxpayer's money. We have been 100% forthcoming in our demand for
> paper 
ballots, I invite the Boulder County Clerk's office to be 100%
> 
forthcoming with their plans, including use of any non-paper ballot
> 
systems in Boulder County in opposition to the Citizen's Requirements
> 
for Trustworthy Elections.
>
> As Tom is a subscriber to the CVV 
Discussion mailing list, I invite him
> to clarify both issues 
ASAP.
>
> Please Note that Colorado House Bill 1227 which will be 
voted on by the
> appropriations committee tomorrow will make it much 
harder for We the
> People to challenge not only such closed-door 
activities and behaviors
> by the Secretary of State and county officials, 
it will also make it
> virtually impossible for us to verify our elections 
systems.
>
> We need to have a full group meeting as soon as 
possible to discuss
> these developments and determine the depth and 
breadth of our response,
> ranging from citizen actions to possible legal 
and electoral
> challenges.
>
> If you care about Trustworthy 
Elections in Boulder County and beyond,
> your immediate action is 
needed.
>
> 
Joe
>
>
>
>
>
>
>