Shortcut to auditing the '06 elections

[garybeck]

I just found out that it specifically states in our state (Vermont) laws that our Secretary has the authority, at his/her discretion, to conduct audits (hand counts) at any polling place. This can be done without enacting any new laws.

I immediately started coordinating a letter-writing campaign, possibly to be accompanied by a petition, which goes directly to the SoS asking her specifically to use her Constitutional authority to conduct random audits on the 11/06 election.

Since no change in the law is required, it is simply up to the discretion of the SoS. If we can convince her there is a valid concern (which she should already know, but that's a different story), we may get some random audits this Fall.

Suggestion to other states ---> Check out your existing laws to see if the SoS has the authority to do this. It could be a shortcut to getting some audits when there otherwise wouldn't be any. Especially if you have a Dem SoS, and/or a few other organizations that would sign on to your letter writing campaign.

[nicknameless]

1. Good find. I hope more states can do this.

[Kurovski]

2. A K&R for activism!(nt)

[garybeck]

3. how to find out?

any legal types have suggestions on how to find out? could you just contact the SoS office and ask them? or would you try to "google" all the laws for a keyword like "audit?"

[Bill Bored]

4. Read the Law First. It's all we've got.

Also, see if you can audit ballot definition files, or whatever they are called in your state, BEFORE the election.

See this NY LAW:
§ 7-207. Voting and ballot counting machines; preparation of, party
representatives.
1. It shall be the duty of the board of elections to cause the proper
ballot labels to be prepared and placed on those voting machines which require
ballot labels, to cause the machines and any removable electronic or
computerized devices which operate such machines or record the vote thereon
to be placed in proper order for voting, to examine all voting machines and all
such electronic or computerized devices before they are sent out to the
different polling places, to see that all the registering counters are set at zero, to
cause a printed record of all the ballot label programming data, for each
election, which is entered into each voting machine of a type approved after
September first, nineteen hundred eighty-six, or which is entered into any
removable electronic or computerized device which operates such machine or
records the vote thereon, to be produced directly from the device on which
such ballot label programming data was entered and to lock all voting
machines so that the counting machinery can not be operated and to seal each
one with a numbered seal.
2. (a) Before preparing or programming the voting and ballot counting
machines and any removable electronic or computerized devices which operate
such machines or record the vote thereon for any election, written notices shall
be mailed to the chairman of the county committees of the major political
parties, stating the times when and place or places where the machines and
devices will be prepared or programmed; at which times and place or places,
one representative of each of such political parties, certified by the respective
chairmen of the county committees of such parties, shall be entitled to be
present and see that the machines and devices are properly prepared and placed
in proper condition and order for use at the election. The party representatives
shall take the constitutional oath of office, which shall be filed in the office of
the board of elections.
(b) It shall be the duty of such party representatives to be present at
the preparation of the voting machines for election and see that the machines
are properly prepared and that all registering counters are set at zero by
examining such counters or by examining the printed or photographic record
produced by such voting machine or by examining the printed record of the
ballot label programming data on such machine. When the machines have been
prepared for election, it shall be the duty of the custodian or custodians of
voting machines and party representatives, to make a certificate in writing
which shall be filed in the office of the board of elections, stating the number
of machines, whether or not all the machines are set at zero, the number
registered on the protective counter, and the number on the seal with which the
machine is sealed.
3. No custodian or other employee of the board of elections shall in
any way prevent free access to and examination of all voting machines that are
to be used at the election, by the duly appointed party representatives. The
board of elections and its employees shall afford the party representatives
every facility for the examination of all voting machines and devices and the
registering counters, the printed or photographic record of the counters or the
printed record of the ballot label programming data on such machines, if any,
the protective counters and the public counters of each and every voting
machine. All such printed or photographic records shall be public records at
the offices of the boards of elections.
4. It shall be the duty of the board or officer charged by law with the
duty of equipping the polling places to cause the voting machine or machines,
prepared as above provided to be delivered at each of the respective polling
places in which they are to be used, at least one hour before the time set for the
opening of the polls. After the machine has been delivered, it shall be set up in
the proper manner for use at the election, and it shall be the duty of the local
authorities to provide ample protection against tampering with the machines.
5. The party representatives shall be paid for their services an amount
that shall be fixed by the board of elections, such amount shall, however, be
approved by the governing body of the municipality wherein said machines are
used and paid by such municipality.

Got any like that?

[OneBlueSky]

5. just out of curiosity, how does Vermont vote? . . .

are you using DREs? . . . do your machines kick out paper receipts? . . . or are you voting some other way? . ..

[garybeck]

6. we have

Opscans in the larger towns and hand counted paper ballots in the rural areas.

we have a law requiring paper ballots for all votes cast. DREs with VVPAT does not qualify. It's illogical because technically there is no difference between a DRE with VVPAT and an opscan. Both are counted on secret software code by the same company - Diebold in our case.

but to answer your question, we do have paper "ballots" in all of vermont. and I use the term "ballot" loosely because of what we now know about the Diebold opscan system.

G

[AtLiberty]

7. Let's write SOS Blackwell

:D

[garybeck]

8. you made me laugh :)

:rofl: :rofl: :rofl: :rofl: :rofl: