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RE: RFPET Recommendation



Hmmm ... some clarification is due - sorry Bo.

It was Joe Pezzillo who suggested leasing back in early 04 when we were
talking about the Ballot Now system. I'd heard him say it before in a closed
group, but the first time the lease word appeared on the radar was from Joe.
Thank you Joe.

Leasing elections equip is nothing new to Boulder or any other county. BoCo
has leased Diebold scanners since 1998. Many rural counties lease more of
what they need on even numbered years when turn out is higher.

The ERC recommended renting new systems or additional bits if the need
arose. It has (dubious). In December, former ERC members sent a letter to
the BoCC and clerk reiterating our list of recommendations.
We do not believe that it is fiscally responsible to purchase unproven
systems. We paid millions to be a beta test site for Hart - that is clear.
We specifically chose the word *rent* as opposed to *lease*. Leasing means
you are a buyer and leasing contracts penalize the leaser if they don't buy.
Leasing is always to the advantage of the vendor, renting is a plain deal.

The idea that this or any county could resell their elections systems at
anything but an immense loss is based on lack of knowledge. Would you buy a
used system from a county who was plagued by problems with it?
Yes, we could sell it for scrap, but the county isn't going to get some kind
of tax break on a business loss. It is not a business, it is a tax funded
service.

The experience that the ERC had with Hart and Eagle and the laws in flux
convinced us that buying anything would be a terrible mistake at this
juncture. None of this stuff is ready for prime time.

While I understand that some folks think that we need to procure DRE at this
time (or ever) there are many who think it unwise. Our clerk has invented a
deadline that does not exist. She's misinterpreted HAVA and her staff
follows her lead. The county attorney asked her opinion before advising the
BoCC. I have doubts that he's actually read HAVA. Only a few people actually
have and most agree that section 301 says we don't need DRE. It might appear
to be impractical, but the law is pretty clear.

As there is consternation over what HAVA actually says, and we only have one
certified vendor to choose from at this time - why would we want to buy or
lease anything?
If your response is that Linda will go to jail or that the state won't
certify our election, better check with the state circuit court, which has
already stated that it won't be hearing cases this year about HAVA
non-compliance.
Linda Salas wants BoCo to spend a million bucks to restore her good name.
Nothing more.

Some Guy


-----Original Message-----
From: Delta [mailto:delta@xxxxxxxxxxxxx]
Sent: Wednesday, March 29, 2006 2:42 PM
To: Neal McBurnett; cvv-discuss@xxxxxxxxxxxxxxxxx
Subject: RE: RFPET Recommendation

Let me set the record straight....
(see below)

> -----Original Message-----
> From: Neal McBurnett [mailto:neal@xxxxxxxxxxxxxxxxx]
> Sent: Wednesday, March 29, 2006 9:16 AM
> To: cvv-discuss@xxxxxxxxxxxxxxxxx
> Subject: RFPET Recommendation
>
>
> Attached is a new version of the RFPET Recommendation which has
> searchable/copyable text.
>
> I don't yet see it at the clerk's web site
>
>  http://www.co.boulder.co.us/clerk/elections/index.htm
>
> It is a shame to see the committee not require that the system comply
> with Colorado law (by producing auditable results) and rush ahead in
> the face of so many problems.

WRONG! The recommendations say that a real audit must be and *can* be
performed....
YOU were instrumental in us recommending that!


 And the 'bait and switch' from a rental
> to suggesting that it be bought is a real end-run around the
> democratic process.

Bullcrap! It is being fiscally responsible.
Do you know what the leasing price is???   a.b million
Do you know what the purchase price is???    a.b million
(I *think* the price is public at this time, but just in case)
So, which would *you* do? Rent it for a price and then give it back, or buy
it for the same price and then at least have something you could sell or
even scrap....*something*??
Lease it and you got nada.....there is no other option.


>
> We haven't seen the price yet, but the county should offer the same
> possibility to other bidders and start the RFP process over, with
> specific invites to ballot marking vendors and demands that the
> Secretary of State should certify ballot marking equipment like other
> states do.

And how does this get us compliant for the election in November????
You know what *really* pisses me off?
The Clerk is in this position BECAUSE OF THIS GROUP OF CVV ACTIVISTS!
YOU pushed to rent not purchase.....
and when the Clerk got screwed because *nobody* wants to rent ( who knew?)
NOW you jump all over them for trying to salvage the situation?

you're a better man than that, Neal.....


>
> Neal McBurnett                 http://bcn.boulder.co.us/~neal/
> Signed and/or sealed mail encouraged.  GPG/PGP Keyid: 2C9EBA60
>


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