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FW: Appeal decision to permit non-anonymous ballots



The State is at it again – slithering around in the dark.  See below.

 

Al Kolwicz
2867 Tincup Circle
Boulder, CO 80305
303-494-1540
AlKolwicz@xxxxxxxxx


From: AlKolwicz [mailto:alkolwicz@xxxxxxxxx]
Sent: Friday, October 07, 2005 8:52 AM
To: 'Dana Williams'
Cc: 'Bill Hobbs'; 'Bill Compton'; 'Patti Fredrick'; 'Len Vest'; 'Wayne Munster'
Subject: RE: Appeal decision to permit non-anonymous ballots

 

Ms. Williams:

 

  1. Please thank Secretary of State Dennis for her response to our request to appeal the election division’s decision.

    We understand that no specific legislation creates the appeal process we request.  Nor, to our knowledge, does any legislation prevent it, and good management demands it.

    Our concerns are real, as illustrated in today’s Daily Camera, see “
    Ballot testing finds potential problemhttp://www.dailycamera.com/bdc/county_news/article/0,1713,BDC_2423_4139811,00.html

    By not granting our request, the Secretary of State appears to be cooperating with Boulder County in a cover up of a seriously flawed election system -- flaws that threaten the integrity of a statewide election.

    We repeat our request for an appeal of the decision, to be heard in an independent forum, in public, where we will have a fair opportunity to correct the decision.

 

  1. We are pleased to learn that a regulatory analysis will be conducted, and hope that it will be conducted in a transparent fashion and fully conform to the law.

 

  1. We were unaware of the October 3 posting of RULE 45 and its adoption as an emergency rule.  Since July, we have attempted to penetrate the veil of secrecy surrounding this rule.   We are very disappointed in this additional example of the Secretary of State’s office operating in an arbitrary fashion without benefit of public participation.  We will have more to say about this.

 

2005 Proposed Rules and Notices of Rulemaking 

 

 

 

Al Kolwicz

 

CAMBER

Citizens for Accurate Mail Ballot Election Results

2867 Tincup Circle

Boulder, CO 80305

303-494-1540

AlKolwicz@xxxxxxxxx

www.users.qwest.net/~alkolwicz

http://coloradovoter.blogspot.com 

 

CAMBER is a dedicated group of volunteers who are working to ensure that every voter gets to vote once, every vote is counted once, and that every ballot is secure and anonymous.

 


From: Dana Williams [mailto:Dana.Williams@xxxxxxxxxxxxxxx]
Sent: Thursday, October 06, 2005 9:07 AM
To: AlKolwicz
Cc: Bill Hobbs; Bill Compton; Patti Fredrick; Len Vest; Wayne Munster
Subject: RE: Appeal decision to permit non-anonymous ballots

 

Mr. Kolwicz:

 

This e-mail is to acknowledge your request for a regulatory analysis of the Voting System Standards and Certification rules.  The elections staff will be working on your request and pursuant to C.R.S. 24-4-103(4.5)(c) it will be provided to you and our rulemaking contact list at least five days prior to the rulemaking hearing.   

 

The statutory requirements governing mail ballot elections are set out in sections 1-7.5-101 through 1-7.5-112, Colorado Revised Statutes.  The specific provisions governing the Secretary of State's approval of mail ballot plans are set out in 1-7.5-105, C.R.S. So far as we are aware, there are no provisions in these statutes that authorize an administrative appeal of the Secretary of State's approval of a mail ballot plan. 

 

Your opportunity for public participation concerning the voting system rules is through the rulemaking process.  The Secretary of State has announced a rulemaking hearing schedule for October 31, 2005 at 1:30 p.m. to take public testimony for our rules concerning certification of voting equipment.    The hearing is located in the Blue Spruce Room at 1700 Broadway, Denver, Colorado 80290.  Written and oral data, comments and arguments, will be received form all interested parties.  Written submissions must be filed at or before the commencement of the hearing on October 31, 2005 at 1:30 p.m. in order to be considered.  The Secretary of State staff has completed a draft of the rules and they are posted on our website.  We hope you can submit your comments or attend the hearing to give us your feedback concerning the rules.  

 

As you are already aware, the Secretary of State adopted emergency rules concerning the voting system standards on October 3, 2005.  The rule, notice of adoption, and statement of basis, purpose, and emergency justification are posted online. 

 

Thank you,

Dana Jaclyn Williams
Public Information Officer
Secretary of State's Office
1700 Broadway, Suite 250
Denver, CO  80290
(303) 894-2200 ext. 6108
(303) 869-4860 Fax
dana.williams@xxxxxxxxxxxxxxx
www.sos.state.co.us

-----Original Message-----
From: AlKolwicz [mailto:alkolwicz@xxxxxxxxx]
Sent: Wednesday, September 28, 2005 11:05 PM
To: Dana Williams
Cc: Bill Hobbs; Bill Compton; Patti Fredrick; Len Vest; Wayne Munster; Dr. Charles Corry; Joe Pezzillo; Pete Klammer; Ralph Shnelvar
Subject: Appeal decision to permit non-anonymous ballots

Ms. Williams,

 

We wish to appeal the decision documented in Mr. Compton’s September 21st response to our complaint to Gigi Dennis regarding Boulder County’s mail ballot plan for the election to be held on November 1, 2005.

 

  1. We believe that the Secretary of State has made their decision based on false, incomplete, and possibly intentionally misleading information.  Please see our detailed rebuttal to the Boulder County response documented in Joshua B. Liss to Gigi Dennis, September 21, 2005.  We have inserted our rebuttal inline in the original text to facilitate your analysis.  Our rebuttal is attached.

 

  1. We request that this appeal be heard in an independent forum, in public, where we will have a fair opportunity to correct the decision.  We have had bad experiences with past appeals that were handled by the Secretary of State’s office.

 

We are hoping that the new Secretary of State will take a personal interest in this opportunity to demonstrate that she will be the people’s representative.   

 

Al Kolwicz

 

CAMBER

Citizens for Accurate Mail Ballot Election Results

2867 Tincup Circle

Boulder, CO 80305

303-494-1540

AlKolwicz@xxxxxxxxx

www.users.qwest.net/~alkolwicz

http://coloradovoter.blogspot.com 

 

CAMBER is a dedicated group of volunteers who are working to ensure that every voter gets to vote once, every vote is counted once, and that every ballot is secure and anonymous.