RE: Hand Counting and Luddites

["Raich, Peter C." <Peter.Raich@xxxxxxxx>]

Evan,

If the paper ballot is the ONLY ballot (no electronic voting allowed) then the original count has to be done by hand or scanner, AND the recount has to also use the original paper ballots.  That is why our local stategy may well end up in an injuction to forbid all non-paper voting devices until there is further federal clarification.

Peter

> -----Original Message-----
> From:	Evan Daniel Ravitz [SMTP:evan@xxxxxxxx]
> Sent:	Monday, April 19, 2004 3:46 PM
> To:	Raich, Peter C.
> Cc:	Teresa Hommel; Robert Mcgrath; delta@xxxxxxxxxxxxx; cvv-discuss@xxxxxxxxxxxxxxxxx; AlKolwicz@xxxxxxxxx; cmehesy@xxxxxxxxxxx; davide475@xxxxxxxx; david.ellington@xxxxxxxxxxx; donna@xxxxxxxxxxxx; jpezzillo@xxxxxxxxx; mlambie@xxxxxxxxx; mlambie@xxxxxxxxxxxxxxxxxxxxxxxx; texico86@xxxxxxx; TresCeeA@xxxxxxx; michelle.mulder@xxxxxxxxxxxxxx; PKlammer@xxxxxxx
> Subject:	RE: Hand Counting and Luddites
> 
> 
> Peter, you miss the point, unique to Colorado and Nebraska -though
> Florida is trying to copy us:
> 
> Paper ballots can be declared "official" but current Colorado law
> means humans can NEVER count them. The law (quoted below) says any
> recount (resulting from a close outcome or a candidate challenging
> the outcome) MUST be done by the original counting method -as
> Boulder County Commissioner Paul Danish found out in a close race in
> 1994. All they did was run the electronic count over and over, in
> spite of his going to court to ask for a hand count.
> 
> This violates the basic principle of accounting: cross-check your
> sums DIFFERENT ways.
> 
> Until this law is changed, the paper is irrelevant -it can ONLY be
> counted by the same proprietary, secret system.
> 
> This is an example of how a "chain is only as strong as its weakest
> link." You might think the paper is a "backup" system. It isn't,
> now.
> 
> Evan Ravitz, programmer since 1968, friend of the Collier family,
> who wrote the original book on this subject, "Votescam" 15 years
> ago.
> 
> 
> Most laws in the country can be found at www.findlaw.com
> 
> Colorado, then California, then Texas:
> 
> 
> Colorado Revised Statute 1-10.5-108. Method of recount.
> 
> Statute text
> (1) The recount shall be of the ballots cast, and the votes shall be
> recorded on sheets other than those used at the election.
> 
> (2) Unless otherwise directed by the secretary of state, the ballots
> cast shall be recounted utilizing the same procedures, methods, and
> processes that were utilized for the original count of the ballots
> cast.
> 
> History
> Source: L. 99: Entire article added with relocations, p. 487,  13,
> effective July 1. L. 2001: Entire section amended, p. 301,  4,
> effective August 8.
> 
> Annotations
> Editor's note: This section was formerly numbered as 1-10-306.
> 
> http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0
> 
> 
> California Elections Code:
> 
> 15627.  If in the election which is to be recounted the votes
> were recorded by means of a punchcard voting system or by
> electronic or electromechanical vote tabulating devices, the
> voter who files the declaration requesting the recount may
> select whether the recount shall be conducted manually or by
> means of the voting system used originally, or both.
> 
> 
> BILL NUMBER: SB 1547	CHAPTERED  09/28/94
> 
> 	CHAPTER   920
> 	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1994
> 
> http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=76483324700+0+0+0&WAISaction=retrieve
> 
> 
> Texas:
> 
> § 214.042. Counting Method for Recount
> 
> (a) A person requesting a recount of electronic voting system ballots has a choice of:
> (1) an electronic recount using the same program as the original count;
> (2) an electronic recount using a corrected program under Section 214.046(c), if obtainable; or
> (3) a manual recount as provided by Subchapter A.
> 
> Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
> Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, > § 18, eff. Oct. 20, 1987.
> 
> http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=ZYDMGPQMUSIQ&CQ_QUERY_HANDLE=128157&CQ_CUR_DOCUMENT=1&CQ_TLO_DOC_TEXT=YES
> 
> 
> ------------------------------------------------------
> Evan Ravitz         303 440 6838         evan@xxxxxxxx
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