John Gideon Says: "File a Complaint Against HAVA!"

[Wilms]

File a Complaint Against HAVA!

By John gideon, votersUnite.org and VoteTrustUSA
April 25, 2006

You have the right to fight back! Here's how…

Did you know that if your state took any funds from the federal government to purchase voting machines you have the legal right to file a complaint? And that you must be given a public hearing in the bargain if you ask for one?

According to the Help America Vote Act (HAVA) Section 402 any person who believes that there is a violation of any provision of HAVA Title III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint which must then be dealt with in 90 days time.

Title III of HAVA is the section that includes such things as the accessibility mandates of voting devices for disabled-voters, the ability to verify the votes selected by the voter on the ballot before the ballot is cast and counted, the requirement for warning voters of overvotes, audit capacity of voting systems, provisional voting, computerized statewide voter registration lists, and other issues.

Part of this right to file a complaint is the right to request, and be granted, an on-the-record public hearing of your complaint. This cannot be denied to you according to federal law.

Realizing that I had this right, I spoke with some attorneys who are working on voting technology issues and I was told that actions that I took by filing a complaint would not hurt their work in any way and it might be helpful as it will help to build a public paper record. I then composed my complaint, which is now posted at VoteTrustUSA in full, and filed it yesterday.

snip/links

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=1227&Itemid=27

[Demeter]

1. Thanks for the Strategy

I'm a poll inspector in MI, and we got the new Diebold machines, which are inferior to the previous ones in the optical scanning style. If the mackine jams, which it is prone to do, it loses its "mind" and loses count of how many ballots it has. Not a good thing.

[Wilms]

2. Who made the units you used to use? n/t

[Demeter]

4. I'm Ashamed To Say I Don't Remember

but they told us with a noise if there were any problems, and they didn't screw up in the 3 elections I worked before they were replaced. Is Optiscan a useful name?

[JimDandy]

3. At least 24 states have HAVA complaint forms online, so file away!

ARIZONA
Consumer Fraud Complaint form -- http://www.azag.gov/consumer/consumercomplaintform.pdf
Consumer Fraud Complaint procedure -- http://www.azag.gov/consumer/MailInInstructionsEng.html
HAVA Complaint form -- http://www.azsos.gov/election/grievance/Grievance_Form.pdf
HAVA Complaint procedures -- http://www.azsos.gov/election/grievance/grievance.htm

CALIFORNIA
HAVA Complaint form -- http://www.ss.ca.gov/elections/fraud_complaint_form.pdf
HAVA Complaint procedures -- http://www.ss.ca.gov/elections/hava-complaint-procedure.htm

COLORADO
HAVA Complaint form -- http://www.elections.colorado.gov/WWW/default/Clerks%20Corner/SOS%20Approved%20Forms/HAVA%20Complaint.pdf
HAVA Complaint procedures --

CONNECTICUT
Election Fraud Complaint form -- http://www.ct.gov/seec/lib/seec/publications/complaint_affidavit_form.pdf
Election Fraud Complaint procedures -- http://www.ct.gov/seec/cwp/view.asp?a=2361&q=307272
HAVA Complaint form -- none
HAVA Complaint procedures* -- http://www.sots.ct.gov/ElectionsServices/HAVA/HavaPDF/VotersBillofRightsEng.pdf

DELAWARE
HAVA Complaint form --
HAVA Complaint procedures -- http://www.state.de.us/hava/docs/Complaints%20-%20PDF.pdf

FLORIDA
Election Fraud Complaint form -- http://election.dos.state.fl.us/laws/AdoptedRules/pdf/dsde34.pdf
Election Fraud Complaint procedures -- http://election.dos.state.fl.us/laws/AdoptedRules/pdf/1S2025.pdf
HAVA Complaint form -- http://election.dos.state.fl.us/laws/proposedrules/pdf/HAVAcomplaintForm.pdf
HAVA Complaint procedures --

IDAHO
HAVA Complaint form -- http://www.idsos.state.id.us/ELECT/havacompl.pdf
HAVA Complaint procedures --

KANSAS
HAVA Complaint form -- http://www.voteks.org/forms/complaintform.pdf
HAVA Complaint procedures -- http://www.voteks.org/complaint/complaintprocedure.html

LOUISIANA
Election Fraud Complaint form -- none online
Election Fraud Complaint procedures*+ -- http://www.sos.louisiana.gov/elections/elect-fraud.htm
HAVA Complaint form -- http://www.sec.state.la.us/elections/hava/f-hava-complaint-form.pdf
HAVA Complaint procedures --
Voter Fraud Complaint form -- none online
Voter Fraud Complaint procedures*+ -- http://www.sos.louisiana.gov/elections/elect-fraud.htm

MAINE
HAVA Complaint form -- http://mainegov-images.informe.org/sos/cec/elec/hava/complaint.pdf
HAVA Complaint procedures -- http://mainegov-images.informe.org/sos/cec/elec/hava/complaintproced.pdf

MARYLAND
HAVA Complaint form -- http://www.elections.state.md.us/citizens/hava/HAVA_Admin_Complaint_Form_rev_Nov_04.pdf
HAVA Complaint procedures -- http://www.elections.state.md.us/pdf/HAVA_Administrative_Complaint_Form_Instructions.pdf

MINNESOTA
HAVA Complaint form -- http://www.sos.state.mn.us/docs/havacomplaintform.pdf
HAVA Complaint procedures -- http://www.revisor.leg.state.mn.us/stats/200/04.html
Voter Fraud Complaint form and procedures -- http://www.sos.state.mn.us/docs/172392062005election_fraud.pdf

MISSOURI
HAVA Complaint form --
HAVA Complaint procedures -- http://www.sos.mo.gov/elections/hava/stateplan/sect9.asp

NEBRASKA
HAVA Complaint form -- http://www.sos.state.ne.us/elec/hava/pdf/acp_form.pdf
HAVA Complaint procedures -- http://www.sos.state.ne.us/elec/hava/pdf/acp.pdf

NEW HAMPSHIRE
Election Fraud Complaint form -- http://doj.nh.gov/elections/complaint_form.pdf
Election Fraud Complaint procedures -- http://doj.nh.gov/elections/32313.html
HAVA Complaint form -- http://doj.nh.gov/elections/complaint_form.pdf
HAVA Complaint procedures -- http://doj.nh.gov/elections/32313.html

NEW MEXICO
HAVA Complaint form -- http://www.sos.state.nm.us/Main/Elections/PDF's/AdminComplaintForm.pdf
HAVA Complaint procedures -- http://www.sos.state.nm.us/Main/Elections/PDF's/ComplaintRule.pdf

NORTH CAROLINA
HAVA Complaint form -- http://www.sboe.state.nc.us/pdf/HAVAComplaintform.pdf
HAVA Complaint procedures -- http://www.sboe.state.nc.us/pdf/HAVACompalintProcedures.pdf

NORTH DAKOTA
HAVA Complaint form -- http://www.state.nd.us/eforms/Doc/sfn54152.pdf
HAVA Complaint procedures --

OREGON
HAVA Complaint form -- http://www.sos.state.or.us/elections/forms/sel820.pdf
HAVA Complaint procedures -- http://www.sos.state.or.us/elections/violations/hava_complaints.html

PENNSYLVANIA
HAVA Complaint form -- http://www.hava.state.pa.us/hava/lib/hava/complaints/statement_of_complaint_form.pdf
HAVA Complaint procedures -- http://www.hava.state.pa.us/hava/lib/hava/complaints/complaint_procedures.pdf

SOUTH CAROLINA
HAVA Complaint form -- http://www.state.sc.us/scsec/Title3_Complaint_Form.pdf
HAVA Complaint procedures -- http://www.state.sc.us/scsec/t3comp_form.htm

TEXAS
HAVA Complaint form -- http://www.sos.state.tx.us/elections/forms/complaint/english.pdf
HAVA Complaint procedures -- http://www.sos.state.tx.us/elections/forms/complaint/english.pdf

VIRGINIA
HAVA Complaint form -- http://www.sbe.virginia.gov/cms/documents/ElectionDay-Complaint-Form.pdf
HAVA Complaint procedures -- http://www.sbe.virginia.gov/cms/documents/ElectionDay-Complaint-Form.pdf

WASHINGTON
HAVA Complaint form -- http://www.secstate.wa.gov/Elections/pdf/HAVA%20Complaint%20Form.pdf
HAVA Complaint procedures -- http://www1.leg.wa.gov/documents/wsr/2004/16/04-16-037.htm

WEST VIRGINIA
Election Fraud Complaint form -- http://www.wvsos.com/forms/elections/election%20complaint%20form.pdf
Election Fraud Complaint procedures --

WYOMING
HAVA Complaint form -- http://soswy.state.wy.us/election/hava/complain.pdf
HAVA Complaint procedures+ -- http://soswy.state.wy.us/election/hava/complain.htm
Dismissed Complaints -- http://soswy.state.wy.us/election/hava/dismiss.htm

* provides only a phone number and/or address for filing a complaint
+ very vague or no instructions

[Stevepol]

5. BradBlog has the same suggestion and a another template!!

Bradblog had the same suggestion and he offers some other templates for those who may want some more models to use. Vote this up and let others know of any successes, procedures, etc., that we might use.

File a Complaint Against HAVA!
You have the right to fight back! Here's how…

.....

Realizing that I had this right, I spoke with some attorneys who are working on voting technology issues and I was told that actions that I took by filing a complaint would not hurt their work in any way and it might be helpful as it will help to build a public paper record. I then composed my complaint, which is now posted at VoteTrustUSA in full, and filed it yesterday.

snip...

If "6 or 7" of us do this in each state, who knows what might come of it? Since all the states have different procedures, please feel free to share your experiences for others here in comments, along with any tips for filing in your own state as you may find them.

Feel free to use my complaint as a template if you like, or drop me an email if you have any specific questions

Link:

http://www.bradblog.com/archives/00002732.htm

[Stevepol]

6. Ooops. Dupe! Just realized Bradblog just reprinted Gideon's.

If the mods are watching, delete me!

[EFerrari]

7. . . . .computerized statewide voter registration lists . ., ,

:kick: