-------- Original Message --------
Dear Attorney General's Office of
the State of Colorado,
Please forward this message to Mr. Maurice Knaizer, who is the
person in the Attorney General's office mentioned by Elections
Director Judd Choate in a recent email. Mr. Knaizer is going to be
writing an opinion regarding the six-foot rule as it applies to
elections.
Please also confirm to me that this message was received and
forwarded to Mr. Knaizer. Thank you.
Mary C. Eberle
m.eberle@xxxxxxxxxxxx
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Dear Mr. Knaizer,
The law does not refer to poll watchers' verifying a process, as
stated by Mr. Choate. It refers to verifying steps in the process,
including the count. The six-foot rule applies in the voting place
and is designed to protect a voter from having his or her marked
ballot seen while still in his or her possession.
Please see the message below sent by me to Mr. Choate. In various
communications, he has tried to make the word "verify" mean
"observe," but that is not the dictionary-based definition. If the
legislature meant "observe," that is the word that would have been
in the statute. In addition, the law allows watchers to assist in
corrections of discrepancies, which can't be reasonably done from a
distance. Once ballots are cast and thus separated from the voters
themselves, all ballots must be available for close scrutiny to
assure election transparency. Transparency benefits everyone,
winners and losers alike.
It will be consistent with Colorado law and in the best interests of
voters and candidates in the November election if you indicate to
Mr. Choate that poll watchers have the right to verify the count and
assist in correcting discrepancies by viewing the ballots after they
are cast.
I hope to hear from you that you agree with the common English
definitions that would allow continued transparency of our
elections. Thank you.
Yours truly,
Mary C. Eberle
From: Mary Eberle [mailto:m.eberle@xxxxxxxxxxxx]
Sent: Saturday, October 02, 2010 11:30 PM
To: Judd Choate
Cc: Colorado Secretary of State; Bill Hobbs; Margit
Johansson; Angie Layton; Marilyn R Marks; Mary Eberle;
joseph richey; Harvie Branscomb; Kathryn Wallace; Al
Kolwicz; Dr. Charles E. Corry; Barrie Hartman; Jim Davis;
Jay Holloway; Linda Flack; Ann Toll; Stith Bennett; Geof
Cahoon; Ralph Shnelvar; Joe Pezzillo; Lou Puls; Neal
McBurnett; Paul Walmsley; Sunny Maynard; Tom Morris; Jon
Ehrlich; Laurie Bretz; Catherine Lo; Dan Leftwich; Dan
Martin; Deb Adams; Larry Steven Bowlds; Peter or Alison
Richards; Barbara Dungey; Catherine Jarrett; Yvonne Iden;
Bill Eberle; Carol Atkinson; Nina Herrick; Dee Huntley; Marjorie McCurtain; David
Clifton; Kathleen Adair; William Atkinson; Sandra Renna;
Dr. Emily Rucker; Sharon Diehl; Mary Eberle
Subject: definition of VERIFY
Dear Judd,
Word has it that you are planning to interpret the common
English verb "verify" to mean "observe" when it comes to the
role that poll watchers may play in our elections. Those two
words do not have the same connotation. Please see the
definition of "verify" below as well as synonyms and antonyms.
"Verify" is a much more active word than "observe." Use of the
verb "verify" requires that the subject of the verb do
something, not merely view a situation.
From Merriam-Webster:
http://www.merriam-webster.com/dictionary/verify
[red parts added by me]
Definition of VERIFY
1:
to confirm or substantiate in law by oath
2:
to establish the truth, accuracy, or reality of <verify the
claim>
Synonyms: argue,
attest,
authenticate,
bear
out, certify,
corroborate,
substantiate,
support,
validate,
confirm,
vindicate. [Note the absence of observe.
Verify carries a much more active connotation than
observe.]
Related Words: avouch,
back
(up), testify
(to), vouch
(for), witness;
guarantee,
warrant;
affirm,
assert,
aver,
avow,
declare,
profess;
demonstrate,
document,
establish,
prove,
reinforce
(also reenforce). [Note the absence of observe.]
See Synonym Discussion at confirm:
confirm,
corroborate,
substantiate,
verify,
authenticate,
validate
mean to attest to the truth or validity of something. confirm
implies the removing of doubts by an authoritative statement or
indisputable fact <confirmed the reports>. corroborate
suggests the strengthening of what is already partly established
<witnesses corroborated his story>. substantiate
implies the offering of evidence that sustains the contention <the claims have yet to be substantiated>. verify
implies the establishing of correspondence of actual
facts or details with those proposed or guessed at <all statements of fact in the article have
been verified>.
authenticate
implies establishing genuineness by adducing legal or official
documents or expert opinion <handwriting
experts authenticated the
diaries>. validate
implies establishing validity by authoritative affirmation or by
factual proof <validated the hypothesis by experiments>.
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As a poll watcher during the recent August primary, for example,
I was able to see the ballots at close range during counting and
to check voter intent where there was an oddly marked ballot.
Had I disagreed with the election judges' initial interpretation
of voter intent, I could have assisted in correcting the
discrepancy. This is an important right guaranteed by Colorado
law (section 1-7-108(3)) to me as a poll watcher on behalf of
the candidate and his supporters for whom I was poll watching.
This right requires that I be able to see the marks on the
ballot, not just observe from a distance of six feet that
ballots exist and are being counted. Surely you do not intend to
make rules that violate Colorado law.
Please do nothing to reduce the transparency of our elections.
Citizen oversight of elections, including the legally prescribed
role of poll watchers, allows citizens to be confident of the
outcomes. Thank you for your kind attention.
Yours truly,
Mary
Mary C. Eberle
1520 Cress Court
Boulder, CO 80304
(303) 442-2164
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