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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 08:34 AM
Original message
BBV: 1,000 public records requests issued to force election transparency
Edited on Mon Oct-11-04 08:39 AM by BevHarris
The Black Box Voting Cleanup Crew volunteers have just issued over 1,000 public records requests to counties throughout the USA, and more are on the way. We are reducing election secrecy and holding public officials accountable for their election security.

Beginning with the swing states, and then proceeding with counties whose officials have been secretive, we are launching a series of formal public records requests to force officials to define their electoral procedures. Those who fail to comply will be targeted for increased scrutiny.

We need your help. Please sign up on our home page and you'll receive instructions every few days. TAKE ACTION: Go to our forum and jump right in. The project is "self serve." Here you can see the results of everyone's work, along with the answers given by public officials so far.

The information belongs to us! Each state has public records laws which allow citizens to obtain information. The rationale is simply this: As taxpayers, we paid for both the documents and the public officials' time, and those documents belong to us.

While some public officials, like Scott Konopasek (Elections Registrar, San Bernardino County, Calif.) seem to believe they own the system and owe no responsibility to taxpayers to disclose what they are doing using our money and authority, such behavior indicates a fundamental misunderstanding of public records law.

When we discussed public records requests with Konopasek in late July, he said, "You'll get more from me with honey." When we sent him a public records request, asking for the list of persons who have accessed his central tabulator, he never responded at all.

The courts frown on such behavior. King County (WA) has already been hit with a judgment of over $100,000 in fines and attorney's fees for failure to comply with public records requests, and the penalties may go as high as $1 million.
( http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=WA%20SCOW%20Stadium%20Critic )

California is implementing stiff new penalties for officials who fail to comply.

Of the people, by the people, and for the people

The fundamental conflict that the American people have with voting machines is not that we are using computers, but that, in the present implementation of voting machines, they do not allow transparency.

Without transparency, elections are no longer "of the people, by the people, for the people" but instead are "of the vendors, by a few election officials, for the people."

This creates subtle but fundamental changes in the operation of our republic, and removes a key safeguard, the "many eyes" technique for ensuring electoral integrity.

"Many eyes" means that everyone can watch, creating a broad, stable base. Indeed, the genius of democracy is in the dispersed nature of grass roots power, which creates a rather messy, and sometimes argumentative, but very stable governmental framework.

Reducing public scrutiny of the preparation and counting of the vote may appear to tidy up the process, but this comes at the expense of public trust in the electoral process, jeopardizing governmental stability. Reducing public involvement also concentrates power (and opportunities for bribery) into fewer hands, making it easier to corrupt the system.

It is for this reason that we ask your participation in taking back transparency. We own the process, and we own the records that define the process.

When public officials misrepresent their security, as King County did in its Sept. 2004 primary, or try to keep their procedures secret, as Riverside County California has been doing, they should be rewarded with increased scrutiny, don't you think?

What we're asking for in public records requests

All requests, and answers from officials, are publicly posted in our Cleanup Crew forums. We seek to identify security procedures, like obtaining lists of the elections officials (and vendors, and temporary employees, and county IT people) who are given access to voting computers, passwords, remote access protocols, and keys to the rooms that hold critical parts of the elections system.

We're requiring elections officials to tell us the version numbers on their voting systems, part with their computer audit logs (which will show that they log different people into the computer under the same name -- in the case of Diebold, everyone signs in as "admin.")

We're getting disclosure on polling place procedures, modem use, computer crashes and discrepancies (surprisingly, many locations do not require officials to disclose anomalies in the vote count, if they do not believe it would "affect the outcome of the election.")

These records requests will also identify locations which don't keep records, and officials who are unresponsive to divulging information.

Another subtle change:

It used to be that access to voting systems was granted only to certified and sworn elections officials, whose names we knew and who were accountable directly to us. Nowadays, such access is typically also granted to unsworn and undisclosed county computer techs, employees of vendors, and even temporary workers hired off the Internet by subcontractors of the vendor. These individuals are not only not sworn election officials, but often aren't even from the state where the election is held. They do their thing and then fade away, sometimes carrying data or disks from the election with them.

They ran the clock out

Vendors, courts, and county officials have been generally unresponsive to improving election transparency. We must reclaim our right to know how our vote is being counted, and the methods left to us, in the last few weeks before the election, are limited to two things:

1. Force transparency and disclosure, through public records requests

2. Observe election day and election night counting, asking questions, taking notes, videotaping, and photographing what goes on. Bring binoculars, so you can see computer screens.

The more secretive your officials are, the more scrutiny they earn.

Cheers...

Bev Harris

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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 08:41 AM
Response to Original message
1. Awesome, bev!
We may actually get an honest election! Fingers crossed!
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Boredtodeath Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 08:59 AM
Response to Original message
2. ILLEGAL in most states
Please check your state election law before you do the following:

2. Observe election day and election night counting, asking questions, taking notes, videotaping, and photographing what goes on. Bring binoculars, so you can see computer screens.

In most states, it is illegal to take a camera or recording device of any kind into a polling place without proper press credentials. Make sure you follow the law in your state - we don't want activists to end up in jail.



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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 09:12 AM
Response to Reply #2
4. It is only illegal to videotape during voting -- afterwards, you can
Edited on Mon Oct-11-04 09:13 AM by BevHarris
The moment the polls close it is considered a public meeting. It is true that some jurisdictions will attempt to block videotaping of the central tabulator or the after poll closing activities in precincts, but this is generally an abuse of authority and an illegal act on the part of elections authorities.

That doesn't prevent them from trying to prevent you from documenting, through videotape, the counting of the vote. But if they try to stop you, we'll have an online reporting system hotline going on election night and will alert the media -- because when news crews from TV show up, they don't dare stop them, and then their excuse for blocking you from videotaping evaporates.

Bev
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 09:15 AM
Response to Reply #2
5. Vote counting in all states
is a public meeting. Videotaping is allowed under state open meetings laws. If they don't allow you to videotape...they have something to hide. If the do tell you to stop videotaping...call the media and make them aware of what is going on.

If have to, I will go to jail to make a point on Nov 2nd. The secrecy sH&^ has to stop!

Andy

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Paxdora Donating Member (223 posts) Send PM | Profile | Ignore Mon Oct-11-04 11:20 AM
Response to Reply #5
9. kick!
:-)
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greatauntoftriplets Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:38 AM
Response to Reply #5
11. What kind of cake should I make you????
And, remember, a saw is much easier to put into a flat cake. None of these layer jobbies.
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 01:33 PM
Response to Reply #11
12. German chocolate cake
mmmmmmmmmmmmmmm
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greatauntoftriplets Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 03:16 PM
Response to Reply #12
13. Hmmmm, never made one.
But I have a friend who does. Perhaps if I provide her with the saw....
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Paxdora Donating Member (223 posts) Send PM | Profile | Ignore Mon Oct-11-04 09:02 AM
Response to Original message
3. Bev, you are my "Joan of Arc" for American democracy...
and I believe you are creating your own place in American history to stand alongside many of America's great founders. I wish you all the strength, stamina, resolve, $$$, and good fortune that the Universe can provide. Words just fail me at this point in expressing exactly how I feel about what you are trying so hard to do...

I can only thank you from the deepest regions of my soul -

Paxdora
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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 03:36 PM
Response to Reply #3
15. Beautiful, Paxdora
You took the words right out of my heart... I've tried to bring together the terms I'd use to tell Bev just how I felt about her efforts, lo and behold, you've put them all together in one place!

Bev, thanks. I'm signing up now.

Everyone else.. let's all pledge to do our part. Secrecy spoils democracy.
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RedEagle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 10:26 AM
Response to Original message
6. Time to Rock and Roll Folks
Many organizations working to help insure honest elections.

Volunteer and take back your vote!

Kick!
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realFedUp Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 10:46 AM
Response to Original message
7. kick
Thank God for this woman and those
who work with her.
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:15 AM
Response to Reply #7
8. Kick
for Democracy

:kick:
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endnote Donating Member (645 posts) Send PM | Profile | Ignore Mon Oct-11-04 09:56 PM
Response to Reply #8
18. Hey, weren't you running for SOS at some point ?
What happened ?
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:51 PM
Response to Reply #18
26. I was Howard Deaned
State party leadership was openly backing another candidate and Bev needed me...so...I work with her full time now.
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donsu Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:29 AM
Response to Original message
10. kick
nt
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ParanoidPat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 03:28 PM
Response to Original message
14. Democracy is not a spectator sport!
People conducting elections to choose their own representatives is more than just showing up to vote!

"WE THE PEOPLE" must take our elections back from the 'elected' or we will ultimately have leaders rather than representatives.



:kick:
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:56 PM
Response to Reply #14
27. Leaders? No I fear we will have
Dictators.
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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 09:50 PM
Response to Original message
16. Kudos to Pickaway County, OH, for prompt transparency. Wet noodle award:
Washington County, OH, for, basically, claiming they don't keep such records.

I'm going through a host of county responses on the first records requests sent, to Florida and Ohio. They range from open, friendly, forthcoming responses to "none of your business."

I majored in Behavior Modification, folks. The more secretive they are, the more scrutiny they get.

Bev Harris
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endnote Donating Member (645 posts) Send PM | Profile | Ignore Mon Oct-11-04 09:52 PM
Response to Reply #16
17. Great. How's the Qui Tam going ?
Edited on Mon Oct-11-04 09:53 PM by endnote
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jokerman93 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 10:03 PM
Response to Original message
19. This is the kind of pre-emptive action
This is the kind of pre-emptive action that spreads and enlivens democracy. George Bush take note.

The information age has arrived and so has the opticon. Everybody's watching. The surveillance society should go both ways. Perhaps the activism of the twenty-first century might create permanent watch-dog organs -- with informed citizens, rather than the media and the press, keeping our leaders honest.
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endnote Donating Member (645 posts) Send PM | Profile | Ignore Mon Oct-11-04 10:05 PM
Response to Reply #19
20. There aren't enough technically savy people
to watch, unfortunately...
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RedEagle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 10:21 PM
Response to Reply #20
21. Watching may be enough
Who knows who is technically savy and who isn't?

Getting the vote totals at the polls on record and screen shots is just part of accounting.

Anyone an do basic accounting.

The best way to do observation, in general, is to keep mum about what you do and don't know. Love having people who are technically savy just observing....later on.....
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jokerman93 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:22 PM
Response to Reply #20
24. Not yet! n/t
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shance Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 10:44 PM
Response to Original message
22. Rock on Bev***Thanks for the update...and a positive one at that!
n/t
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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:14 PM
Response to Original message
23. Replies are pouring in. Manatee County, Florida: "none of your business"
they claim that knowing who accesses the central tabulator is exempt from public records requests (and they cite a completely unrelated and irrelevant section of Florida public records law, about paying 15 cents per copy...)

They also claim that telling us what public officials they've given keys to the room is exempt from public records law (guess again.)

We're figuring out who is asking for extra observation. Manatee County is not far from Sarasota, Tampa, and not a bad drive from Naples. I think they should have visitors observing their central tabulator on election night. Plenty of them.

Any takers?

Bev
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cthrumatrix Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 08:14 AM
Response to Reply #23
34. Bev, I can help in the immediate Tampa area...let me know
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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 09:11 AM
Response to Reply #34
35. Thanks - plan on a late night on Nov 2
Central tabulator observation is boring as hell, but you'll likely spot quite a few things on the list we'll provide, to define security problems in your county. Bring a friend and bring binoculars and, if you have it, a video camera with a zoom lens.

Most of the action (problems) happen late in the evening, and with these new systems, that's when the problems they set aside to deal with later come to a head. On a good nigh you'll get out of there by midnight; plan on staying until 2 a.m. or later, given that we are "beta testing" many voting systems -- using new versions never tested at the voting volume they'll experience in Nov.

I'll get in touch with you more about this.

Bev
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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-11-04 11:49 PM
Response to Original message
25. And if you doubted that the central tabulator is vulnerable: Replies...
Edited on Mon Oct-11-04 11:53 PM by BevHarris
or, alternatively, that many elections officials aren't sophisticated about security (Swing state Florida and Ohio coming in first):

Perry County, Ohio:

Who accesses central tabulator: "we do not keep."
Audit logs "we do not have"
Who has keys: "we do not have."

Sandusky County, Ohio

(This official was courteous and helpful, but for those of you who are computer experts, this answer might give you pause:)

"The machine is tested on a regular basis to insure that no one has tampered with it. "

(I sent a followup note asking what tests they use. Testing a vote tabulator to make sure no one has tampered is akin to testing your Quickbooks accounting software to make sure no one embezzled. Auditing might tell you; testing the software won't.)

Williams County, OH

IN REGARDS TO PARAGRAPH 1 REQUEST (who has access to the tabulator): WE DO NOT HAVE SUCH A LIST.

IN REGARDS TO PARAGRAPH 2 REQUEST (audit logs): WE DO NOT HAVE AN "AUDIT" OR "EVENT" LOG.

IN REGARDS TO PARAGRAPH 3 REQUEST (who has keys): WE DO NOT HAVE A "KEY" LOG.

Baker County, Florida

"None of the list you requested are available. "

(Says she doesn't have a list of who has accessed the tabulator, who has keys, nor does she have any audit logs -- which are produced automatically on Diebold, Sequoia, and ES&S, by the way)

Muskingum County, OH

"No such documentation."

(regarding who accessed the tabulator, who has keys, audit logs)

Lorain County, OH

"We believe the remaining questions contain information that could
compromise the security measures we employ."

(She believes that telling us who accessed the central tabulator and who has keys will compromise her security)

Fulton County, OH

"No one has accessed our tabulator." (??? no one?)

"The information from the prior election is wiped clean with every new election." (okay, but we asked for the last election ...)

(who has keys) "The information you are asking for is not available from our system."

Ashland County, OH

"We do keep a list of people who as accessed our central tabulator. We do not have a audit log or event log from our central tabulator. (incorrect, unless they have a very unusual vendor)
"We have no documentation or maintain a log of who enters our tabulator room."

Clark County Ohio

"We do not keep lists nor maintain lists."
(requested list of who accessed central tabulator and who has keys)

They go on and on, folks. We have been sending followup requests, like "please supply invoice for the last time you changed locks" and "please supply staff roster including custodial and security staff"

Oh, and now for the audit log, the thing that is supposed to show all the events so we can feel secure that nothing can escape unnoticed. Here's one we received:

Marion County, Florida

(by the way, this elections official was forthcoming and helpful)

SYSTEM LOG LISTING
RUN DATE:10/06/04 02:34 PM

ELECTION ID: 2004PRI

USER DATE TIME SYSTEM ACTION OR ERROR INFORMATION
COUNTED INFORMATION

08-25 12:43 pm DATABASE CREATED
08-25 01:51 pm DATABASE RESET
08-26 10:51 am DATABASE RESET
08-28 11:08 am DATABASE RESET
08-31 09:03 am DATABASE RESET
08-31 10:44 am DATABASE RESET
09-13 10:34 am DATABASE RESET
09-13 10:34 am EXITED ELECTION REPORTING MANAGER SYSTEM
10-06 02:34 pm ENTERED ELECTION REPORTING MANAGER SYSTEM
REL 6.3.2.S1

SYSTEM LOG LISTING
RUN DATE:10/06/04 02:29 AM ELECTION ID: 2004PPP

USER DATE TIME SYSTEM ACTION OR ERROR INFORMATION =
COUNTED INFORMATION

02-20 01:07 pm DATABASE CREATED
02-20 01:08 pm DATABASE RESET
02-23 09:50 am DATABASE RESET
02-26 09:50 am DATABASE RESET
02-26 10:41 am DATABASE RESET
02-26 02:17 pm DATABASE RESET
02-26 02:45 pm DATABASE RESET
02-26 03:00 pm DATABASE RESET
02-27 04:28 pm DATABASE RESET
02-27 04:30 pm DATABASE RESET
02-27 04:31 pm DATABASE RESET
02-27 04:33 pm DATABASE RESET
02-27 04:38 pm DATABASE RESET
03-01 08:49 am DATABASE RESET
03-03 03:25 pm DATABASE RESET
03-04 08:48 am DATABASE RESET
03-05 09:59 am DATABASE RESET
04-01 09:13 am DATABASE RESET
04-01 09:13 am EXITED ELECTION REPORTING MANAGER SYSTEM
10-06 02:29 am ENTERED ELECTION REPORTING MANAGER SYSTEM
REL 6.3.2.S1

Note that the audit logs don't even say what year it is; they don't say who got access, and they contain very sketchy information. Does anyone know what vendor has software with release version 6.3.2.S1?

Yup, told you so. There are very weak controls over central tabulator access. Can you imagine if a bank did not keep a key log?

Bev
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TeeYiYi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 01:14 AM
Response to Reply #25
30. OMG. The fix is in . . .
. . . Keep up the good work Bev. You're awesome!

TYY
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Tue Oct-12-04 12:29 AM
Response to Original message
28. We definitely need to spread this information around!
Edited on Tue Oct-12-04 12:30 AM by Steelangel
I also nominated this topic for homepage
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 12:52 AM
Response to Original message
29. Hot diggity damn!!! You guys are doing GREAT!!
Bev, Andy, RedEagle, Pat.....you guys are AWESOME!!

:yourock::yourock::yourock:

Keep after them!! I'd cover my bases in N.C., but I'm all over the U.S. right now, working (FINALLY!!), and will be lucky to get home to vote. Going tomorrow to get an absentee ballot...I'm not sure what State I'll be in on Nov. 2, and prolly won't know until October 29. (Right now, it looks like I may be deep into repuke-city, Texas, on election day. :puke: Grrrr. )

Luckily, my home county in NC is pretty well covered by activist Dems. Don't let ANYONE tell you that North Carolina is a shoe-in for bush and the repukes! IT IS NOT!! This State, this election, is totally up for grabs!!

Texas, Florida, California, and Ohio seem to be the most "disorganized" .... and for very good reasons! The repukes in those states FULLY INTEND to destroy our Democracy!!

Keep fighting!!

O8) And many blessings for your continued SUCCESS and SAFETY!! O8)

:kick::kick::kick:
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Tue Oct-12-04 02:48 AM
Response to Original message
31. ***kick***
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Senior citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 03:49 AM
Response to Original message
32. another kick n/t
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scarletlib Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 07:20 AM
Response to Original message
33. kick
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BevHarris Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 09:16 AM
Response to Original message
36. THIS COUNTY WINS THE PRIZE for lack of transparency
Riverside County, CA:

Voting integrity advocates Jeremiah Akin and Art Cassel tried to persuade the new registrar of voters to make the process less secretive. Specifically, here is what they report:

=================

1) Visibility and vulnerability of the tally server (central tabulator). Riverside's tally server is linked to a network and completely hidden from public view. We recommended that it be isolated from the network and brought into the count room where it would be visible to election observers.

2) Transparency in handling of ballot (PCMCIA) cartridges during elections. Under the current system, cartridges being delivered by precinct officials are taken to a back door of the Registrars office out of public view. While hidden, the following processes apparently occur. Seals are broken on the pouches containing the ballot cartridges. Cartridges are removed and placed in trays. Cartridge trays are brought to the count room where they are then visible to observers.

Ms. Dunmore said she would take these suggestions under consideration. The results of her "consideration" were clear at the 9/29/04 L & A test.

1) In response to a question I asked, Ms. Dunmore stated that no effort had been made to secure or increase the visibility of the tally server. It will still be hidden in a back room for the November 2 election.

2) When asked about the system of receiving election cartridges, Ms. Dunmore acted as if she had never heard of this before. Both she and Brian Foss, ROV technical manager dismissed every suggestion for improving the process by citing everything from terrorism to logistics.

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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Tue Oct-12-04 11:50 AM
Response to Original message
37. Kick!! I also nominated this topic for homepage
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cthrumatrix Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 12:06 PM
Response to Reply #37
38. I second the nomination....
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Andy_Stephenson Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Oct-12-04 01:02 PM
Response to Original message
39. Kick
:kick:
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Steelangel Donating Member (731 posts) Send PM | Profile | Ignore Tue Oct-12-04 02:36 PM
Response to Original message
40. ***Kick*** I also nominated this topic for homepage
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RedEagle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-13-04 12:07 AM
Response to Reply #40
41. Kick! N/M
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RedEagle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-13-04 10:06 AM
Response to Reply #41
42. Kick Again!
For folks who don't know.

There is something you can do ahead of the elections.

Put the system on notice:

Citizens are involved and watching. It's our voting system and we're taking action to insure voting is honest and accountable.

Election officials have a responsibility to US- not vendors.

Some take that seriously, others think through their vendors.
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claudiajean Donating Member (338 posts) Send PM | Profile | Ignore Wed Oct-13-04 03:47 PM
Response to Original message
43. This deserves a good, swift,
...kick!

back to the top with ye!
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