RE: CO statutues and the VotePAD

["Al Kolwicz" <alkolwicz@xxxxxxxxx>]

Margit,

It seems to me that a formal clarification is required.

If in fact the law means that vote marking devices are not permitted, I
would think it appropriate to pursue a "restraint of trade" determination
with the Federal Trade Commission.

Perhaps this is a good "case".

Al



-----Original Message-----
From: joel leventhal [mailto:jleventhal@xxxxxxxxxxxxx] 
Sent: Monday, April 17, 2006 3:32 PM
To: Robert Mcgrath; Margitjo@xxxxxxx; attendees@xxxxxxx;
cvv-discuss@xxxxxxxxxxxxxxxxx
Subject: Re: CO statutues and the VotePAD

Hi All,
this info did not come from me; John G. and I have only discussed (mainly by

e-mail) the demo of machines that he did not notify me about after saying he

would. .
Joel
----- Original Message ----- 
From: "Robert Mcgrath" <mcgrath_mcnally@xxxxxxx>
To: <Margitjo@xxxxxxx>; <attendees@xxxxxxx>; <cvv-discuss@xxxxxxxxxxxxxxxxx>
Sent: Monday, April 17, 2006 12:43 PM
Subject: RE: CO statutues and the VotePAD


> Margit,
>
> Joel Leventhal told me that John Gardner stated the second rule disallowed

> any device that required a voter to hand-carry their ballot for deposit 
> into a ballot box, since a mobility-impaired voter would not be able to do

> this unassisted.  That would rule out all use of paper under this 
> interpretation, which I think is reading more into the law than it 
> requires.
>
>
>>From: Margitjo@xxxxxxx
>>To: attendees@xxxxxxx, cvv-discuss@xxxxxxxxxxxxxxxxx
>>Subject: CO statutues and the VotePAD
>>Date: Mon, 17 Apr 2006 13:24:35 EDT
>>
>>Hi All,
>>According to the SOS's office, a couple of CO statutes won't allow the
>>Vote-PAD.  Notice how Colorado law is stricter than HAVA on the first law 
>>mentioned,
>>ruling out alternatives to DREs.  I wonder who was behind that one, and 
>>why!!
>>  I'm not sure why the second law thwarts use of the VotePAD, but an 
>> looking
>>into it.
>>
>>1    Colorado Revised Statutes Title 1, Article 5, Section 705, Paragraph 
>>1,
>>which reads:             "A voting system shall include at least one 
>>direct
>>recording electronic voting system specially equipped for individuals with
>>disabilities."
>>2..    Colorado Revised Statutes Title 1, Article 5, Section 704, 
>>Paragraph
>>1, part N, which describes requirements for audio ballots as follows:
>>   "After the initial instruction from an election official, the elector 
>> shall
>>be able to independently operate the voter interface device through the 
>>final
>>step of casting a ballot without assistance."
>>Margit
>>303-442-1668/margitjo@xxxxxxx
>>
>>.
>
>
>