-------- 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>. 
         
************************************************************************* 
         
        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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