Response-2 to RFP #4717-06 - ACLU - Boulder County Chapter

 

 
 

                                               

By email delivery

 

Boulder County ACLU comments to

Request for Proposals (RFP) for Boulder County’s voting system

 

Dear Ms. Salas and Commissioners,

 

A fundamental principle of our democracy is that all voters have a constitutionally protected right to cast a ballot and the right to have each voter’s vote counted at full value, without dilution or discount. In 1965, Congress passed the Voting Rights Act, one of the most effective civil rights laws ever enacted. The Act immediately outlawed the worst Jim Crow laws in the South, such as literacy tests and other devices and established a tradition of broad enfranchisement of the public.

 

The soundness and integrity of the voting system is fundamental to the operation of democracy. Today, however, the hard-won gains of the civil rights movement and the Voting Rights Act are in danger. The federal mandates of the Help America Vote Act (HAVA) unfortunately have resulted in many governmental entities seeking technological solutions that raise serious questions about voter privacy, accuracy

and reliability that impair voter confidence.

With these principles in mind that we detail below, the Boulder County Chapter of the ACLU of Colorado discourages any future purchases of voting systems and equipment that may impair the voting rights of Boulder County citizens. No purchase of direct record electronic devices should be made at this time as virtually all existing electronic voting systems are associated with unacceptably high malfunction and error rates. See, e.g. http://www.votersunite.org/info/previousmessups.asp  

 

In addition, the ACLU encourages Boulder County to seek a different method than the non-detachable, serialized bar code that can be traced to an individual voter. This system infringes upon the right of citizens to cast a secret ballot.

The ACLU also believes that the timeframe established for the public process for this RFP was woefully short. We recommend that the county establish a better framework for this and future requests of this nature. Our clerk and county should avoid the appearance that requests for public comments are disingenuous by allowing a realistic amount of time for thorough review and comment.

The ACLU requests that Boulder County be certain that the following fundamental voting rights are protected in any voting system purchased:

Accuracy: Within an acceptable range of error, voting systems must accurately count each and every vote cast. Voting systems must be operationally sound and have a clear methodology for tabulating ballots.

Reliability: Every voting system should have a means of auditing and manually recounting the vote.  Any recount system must be independent of the initial count, so

any problems in the first count are not duplicated in a recount.

Accessibility: Voting systems should as fully as possible be accessible to every eligible voter. Voting systems should not unnecessarily disenfranchise any class of voter. Accommodations must be made to include voters such as those with disabilities, language barriers, or low literacy levels, allowing them to vote privately and independently. Likewise, voting systems must not be either complicated, confusing

or time-consuming to use so as to deter or intimidate any voter. However, providing accessibility must not occasion compromising other values that affect all voters and

the integrity of the voting process.

Confidence: Voters must have confidence in the operation and integrity of the system in recording and counting of ballots. To achieve this, any voting system must have adequate safeguards against fraud, error, corruption, manipulation, or bias. Full public disclosure of the workings of any voting system increases confidence. Again, the system must have the ability to audit the vote after the election and to allow for a full recount if the integrity of the vote is questioned.

On behalf of our more than 2,300 Boulder County ACLU members, we thank you for considering our views. Please contact us with any questions.

 

                                                                        Sincerely,

 

                                                                        /s/ Judd Golden                                                

                                                                        Boulder County ACLU

                                                                        by Judd Golden, Chapter Chair

                                                                        303-442-6355

                                                                       

Copy to:

Boulder County ACLU Board of Directors

Cathy Hazouri, Director, ACLU of Colorado