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Re: Optical-scan equipment problems in California
On Thu, 29 Apr 2004, Joe Pezzillo wrote:
> And so what do we expect lobbying the SoS' office is going to do for
> us, exactly? Who will represent us to assure trustworthy elections?
Nobody but us -and now the 146 who've pledged to hand-count the
election. This is the database we should have started developing 5
months ago.
I talked to a lawyer today who is going to call around for us. He
noted this will take a LARGE law firm with the resources to fight
the County, Sec'y of State, Clerks, etc.
Please talk to any lawyers you know. Here are possible bases for a
suit:
1. Commissioners closed the public hearing BEFORE the discussion of
hand-counting, so we couldn't comment on their slapdash evaluation
of practicality.
2. Commissioners are spending money on a system BEFORE NIST issues
standards, when volunteers are available to do it free.
3. Commissioners are buying proprietary software which will do
public business in private. I read today that David Dill says that
it's the same as hand counting the election privately, as I have.
4. Colorado's recount law means there is no "check & balance" to the
"special interest" counting the election. This violates the basic
principle of accounting that one cross-check totals.
5. Article I, Section 2 of the Constitution says "The House of
Representatives shall be composed of Members chosen every second
Year by the People of the several States..." Proprietary "black box"
voting systems should not choose for us.
By the way, I found the Nebraska law which is similar to CO's. Here
it is with the others:
Evan
Laws all found at www.findlaw.com
First Colorado & Nebraska, apparently the only states which recount
by the original count method ONLY
Then California & Texas, much more typical in allowing manual
recounts of computer-counted elections.
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
NEBRASKA: 32-1119
Automatic recount; when; waiver; procedure.
(6) The procedures for the recounting of ballots shall
be the same as those used for the counting of ballots on election
day. The recount shall be conducted at the county courthouse,
except that if vote counting devices are used for the counting or
recounting, such counting or recounting may be accomplished at
the site of the devices. Counties counting ballots by using a
vote counting device shall first recount the ballots by use of
the device. If substantial changes are found, the ballots shall
then be counted using such device in any precinct which might
reflect a substantial change.
Source:
Laws 1994, LB 76, § 362; Laws 2002, LB 1054, § 24.
Effective date July 20, 2002.
http://statutes.unicam.state.ne.us/Corpus/Statutes/chap32/R3211019.html
CALIFORNIA:
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