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Open Letter to Secretary of State: Crimes and No Punishment?
Dear Secretary Davidson -
If the Secretary of State's office will not enforce the law, who will? If
voters see vendors get away with crimes that your office winks at, how can
we trust you?
Here is a transcript from your guest appearance on KBDI-12 this week:
Bob McGrath: "What the vendors of these machines are required to do by the
counties that employ their services: they are required to provide the latest
version of software that will run on that election. What has happened in
many states is that some of these vendors have had problems happen with that
software; it would not operate the vote in time for the election and they
have gone ahead and inserted what's called a "patch" or a last-minute
version of the software that the sec... That did not have approval by the
Secretary of State, and therefore it's illegal, and that vendor ..."
Donetta Davidson: "I was gonna say, you've got to go back to what each state
law is. Our state doesn't allow that. And number one, our ..., also if an
election judge, or, I mean election official commits any type of fraud,
allows somebody to vote that's not qualified, even, down that minute, they
can be put into jail for a year, plus a fine. So there is, there is, things
put into place where any election official that does anything, myself or any
of the counties, that does anything, they are looking at jail time, and do
you think that somebody's going to want to jeopardize something like that,
to make sure that somebody gets elected?"
First of all, I am shocked, SHOCKED! To think that anyone would consider
doing anything illegal to further their interests in an election, oh my!
But more critically, we have a letter from your own William "Billy" Compton,
Director of Elections, that admits, in writing, "the GEMS Version 1.17.23
software upgrade used by Boulder County has not been certified by this
office." And yet no jail, no fines, not even a reprimand or warning?
Your statements on TV and your actions in fact are inconsistent.
Please explain.
--
Pete Klammer, P.E. / ACM(1970), IEEE, ICCP(CCP), NSPE(PE), NACSE(NSNE)
3200 Routt Street / Wheat Ridge, Colorado 80033-5452
(303)233-9485 / Fax:(303)274-6182 / Mailto:PKlammer@xxxxxxx
"Either Be Good, or Else Be Careful, but Do Have Fun! "
-----Original Message-----
From: alkolwicz [mailto:alkolwicz@xxxxxxxxx]
Sent: Friday, April 30, 2004 9:14 AM
To: Donetta Davidson
Cc: 'Leslie Lacy'; commissioners@xxxxxxxxxxxxxxxx; pklammer@xxxxxxx; 'Joe
Pezzillo'; 'Citizens for Verifiable Voting'
Subject: Uncertified counting equipment used in Boulder County
Secretary Davidson,
I was asked to send a copy of the November 19, 2003 email from Mr. Compton
that acknowledges that Boulder County used uncertified software to count the
November 2003 election results.
It is pasted below.
Al Kolwicz
Executive Director
CAMBER
Citizens for Accurate Mail Ballot Election Results
2867 Tincup Circle
Boulder, CO80305
303-494-1540
AlKolwicz@xxxxxxxxx
www.users.qwest.net/~alkolwicz
http://coloradovoter.blogspot.com
===============================================================
________________________________________
From: Bill Compton [mailto:Bill.Compton@xxxxxxxxxxxxxxx]
Sent: Wednesday, November 19, 2003 9:25 AM
To: AlKolwicz@xxxxxxxxx
Cc: lsalas@xxxxxxxxxxxxxxxx; Donetta Davidson; Drew Durham; Rose Sanchez
Subject: Request for Boulder County Equipment Certification
Al:
In response to your e-mail of November 18, 2003, please be advised that we
were not "stalling" as you have erroneously characterized it. I was out of
the office and was unable to respond to your request. A thorough search of
our records indicates that the ACCU-VOTE Visible Light Ballot Reader
Firmware has been certified. A copy is available for you. Additionally, it
appears as if the GEMS Version 1.17.23 software upgrade used by Boulder
County has not been certified by this office.
Sincerely,
Bill Compton
Director of Elections
________________________________________
From: Al Kolwicz [mailto:AlKolwicz@xxxxxxxxx]
Sent: Tuesday, November 18, 2003 12:12 PM
To: Donetta Davidson (SOS.Admin1@xxxxxxxxxxx)
Cc: Sheila Horton (sheila.horton@xxxxxxx); Linda Salas
(lsalas@xxxxxxxxxxxxxxxx); Robert Corry (Robert@xxxxxxxxxxxxxxxxxxx)
Subject: Request for copy of Boulder County's Voting Equipment Certification
Secretary Davidson:
It has been weeks now since we first requested a copy of the Certification
for the election equipment being used to conduct Boulder County's November
2003 election. The Boulder County Clerk referred us to you for this
document.
We have written our request and made numerous follow-up calls to your office
to no avail.
We do not understand why your office is stalling. This is a simple request.
By law the certification document must exist.
We need this document before the Canvass Board reconvenes to re-canvass the
election results.
May I count on receiving the copy today?
Thank you.
Al Kolwicz
================================================================
-----Original Message-----
From: Pete Klammer [mailto:pklammer@xxxxxxxxxxx]
Sent: Thursday, April 29, 2004 6:28 PM
To: 'Joe Pezzillo'; 'Citizens for Verifiable Voting'
Cc: 'Leslie Lacy'; commissioners@xxxxxxxxxxxxxxxx
Subject: RE: Optical-scan equipment problems in California
I think Al has the original letter from Billy Compton confirming that
uncertified software; it should be forwarded again to The Donetta along with
her exact quote from the program, with CC: to the program host, to see if he
cares to follow up on her response, perhaps in a "rest of the story"
postsript on a later program.
--
Pete Klammer, P.E. / ACM(1970), IEEE, ICCP(CCP), NSPE(PE), NACSE(NSNE)
3200 Routt Street / Wheat Ridge, Colorado 80033-5452
(303)233-9485 / Fax:(303)274-6182 / Mailto:PKlammer@xxxxxxx
"Either Be Good, or Else Be Careful, but Do Have Fun! "
-----Original Message-----
From: Joe Pezzillo [mailto:jpezzillo@xxxxxxxxx]
Sent: Thursday, April 29, 2004 5:44 PM
To: Citizens for Verifiable Voting
Cc: Leslie Lacy; commissioners@xxxxxxxxxxxxxxxx
Subject: Re: Optical-scan equipment problems in California
FYI - After the TV show last night I mentioned to Donetta, since we
know she's extremely concerned about certification, that Boulder County
had used an uncertified Diebold system in November 2003 and asked her
if anyone would be held accountable for that since they talked on the
program about penalties being the key disincentive preventing improper
actions by elections officials. She said she didn't know anything about
it, despite the fact her office verified this had been the case and
would theoretically be responsible for assuring these things don't
happen (and for any penalties?), especially in a live election,
presumably.