Re: CO Legal Efforts

[Evan Daniel Ravitz <evan@xxxxxxxx>]

I'm no lawyer, but our unique problem with the recount law in
Colorado and Nebraska makes our case more compelling. I don't know
if that means we should only join with other Coloradans in a
lawsuit.

Evan

On Fri, 30 Apr 2004, Robert Mcgrath wrote:

> CFVI will contact the following to consider our case:
>
> Tom Strickland
> Mike Feeley
> referral from Pete Maysmith of Common Cause
> Denver ACLU
> Verified Voting
>
> Please let me know whether this effort must be limited to Colorado or
> whether we may co-join other state actions or action in our local Federal
> District Court.
>
>
> Bob McGrath
> Director
> CFVI.org
>
>
>
>
> >From: Evan Daniel Ravitz <evan@xxxxxxxx>
> >To: Joe Pezzillo <jpezzillo@xxxxxxxxx>
> >CC: Citizens for Verifiable Voting <cvv-discuss@xxxxxxxxxxxxxxxxx>,
> >Leslie Lacy <llacy@xxxxxxxxxxxxxxxx>, commissioners@xxxxxxxxxxxxxxxx
> >Subject: Re: Optical-scan equipment problems in California
> >Date: Thu, 29 Apr 2004 22:22:18 -0600 (MDT)
> >
> >
> >
> >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
> >
>
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