Certified Delivery, Receipt
Edna Smith
Secretary of Elections
Capital City, State of Denial(SD)
Dear Secretary Smith:
I am writing to outline my concerns about violations of my rights and the rights of all citizens of SD. Specifically, I'm referring to the use of electronic voting machines. Touch screens are used in my precinct and throughout the state. (if it's optical scan in your precinct, just stay optical scan tabulators).
These touch screens take and count votes without any human intervention and without the ability of citizens to observe the process. In addition, it is my understanding that the state/locality is barred by contract from intense examination of the electronic voting machines software and methods.
Essentially, citizens are voting in a way that constitutes a secret election, the real process of which are beyond our examination; a secret election the operations and actual results of which are available only to the vendors providing the equipment. Recounts, audits, etc. rely on the basic programming of the voting machines. This is not available to you or any citizen. Beyond that, even if it were, the auditing of every single machine in the state/locality would require an excessive number of computer security experts.
Electronic voting takes away our rights to observe and audit elections in a meaningful way and creates requirements that would make such an audit onerous. To add insult to injury, my understanding is that there is no vendor guarantee of "fitness for merchantability" by electronic voting equipment manufacturers. They won't even promise their equipment works.
Proven alternatives are available that answer all of the concerns experssed in this letter. England and Canada conduct paper ballot elections, count the votes in putlic places for all to see, and open the process for full inspection.
In sum, we really don't know who is actually elected since there is no basis at all for confidence in the voting process now in place.
I respectfully and strongly object to the removal of my rights as a citizen. I ask what you are doing about this?
Thank you for your time and consideration.
Sincerely,
Mr. X
N.B. The two documents should be of interest.
General Accounting Office Report on Electronic Voting
http://www.gao.gov/new.items/d05956.pdfZero Guarantee from Voting Machine Vendors
http://electionfraudnews.com/LegDoc/ZeroGuarantee.pdf***********
Helpful reference for writing the letter:CITIZEN ACTION NOWhttp://www.scoop.co.nz/stories/print.html?path=HL0604/S00233.htm#5The EAC may have opened up the opportunity for civil rights litigation against government officials, forcing this dark age for democracy and leaving no basis for public confidence in elections. Concerning the civil rights of citizens, the United States Code says:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress - United States Code, Title 42, Chapter 21, Civil Rights, Subchapter I-
Generally. Section 1983. Civil action for deprivation of rights.
When deprived of their rights by statute, regulation, or other means, individuals or groups of citizens can take their case to court. Citizens can defend democracy by reminding their elected officials and their bureaucratic employees of two important points. First, governments are instituted solely to secure and protect the rights and well-being of citizens. Second, it is the role of elected officials to be the guardians of democracy at all times. The necessary effects of EAC- and HAVA-driven purchase contracts for DREs should be noted clearly. If you complain about losing your rights through DRE secrecy and your government officials persist in instituting technology with secret vote counting, their behavior constitutes a violation of public rights that is then intentional, not simply negligent, because you have put them on notice.
A certified letter pointing out some of the facts and legal realities here or those located in the complaint in the following link should suffice for starters and can be adapted to your jurisdiction by a lawyer if a lawsuit becomes necessary. Check and inquire about your state law as part of the process. See www.votersunite.org/info/lehtolawsuit.asp (complaint link).