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HAVA complaint
against HART eSlate certification
STATE OF
COLORADO
Department of State
1700 Broadway
Suite
250
Denver,
CO
80290
Gigi Dennis
Secretary of State
William A. Hobbs
Deputy Secretary of State
May 3, 2006
Mr. Al Kolwicz
2867 Tincup Circle
Boulder, CO 80305
Re: Your Complaint dated April 7, 2006 alleging a violation of
(1) State law and (2) Title III of the federal Help America Vote Act of 2002.
Tracking Number SOS-HAVA-01-06-0001
Dear Mr. Kolwicz:
This letter will acknowledge receipt of your written, signed and
sworn complaint filed April 10, 2006. Your complaint alleges violations of both
state and federal law, as follows:
-
State law:
violations of Article VII, Section 8 of the Colorado Constitution, and
Section 1-5-704(1)(n)(I), (IV), (V), and (VI), C.R.S.
-
Federal law:
violations of Title III of the federal Help America Vote Act of 2002
(“HAVA”, Public Law 107-252), specifically, section 301(a)(1), (a)(2)(B)(ii),
and (a)(3)(A).
Your complaint alleges the wrongful certification in Colorado of
Hart eSlate voting equipment. You contend that the eSlate does not provide
anonymous voting because the VVPAT is printed on a continuous paper roll and
that knowing the sequence of voters enables one to know each voter’s votes. You
further allege that blind voters cannot verify the votes selected by the voter
on the VVPAT and therefore cannot detect errors on the printed ballot.
The Secretary of State has conducted a preliminary review of your
complaint pursuant to section 1‑1.5‑105(2)(k), C.R.S. Initially, we note that
it is not clear that your complaint fully meets the legal requirements for a
HAVA complaint established in Section 1-1.5-105. Specifically, it does not
appear from your complaint that you were “personally aggrieved by,” or that you
personally witnessed, a violation of Title III, as required by Section
1-1.5-105(2)(b). Nevertheless, the Secretary of State has determined that your
complaint presents important questions that she wishes to consider and address.
Under section 1-1.5-105(1)(i), C.R.S., this office has ninety
days in which to make a final determination on your complaint. The ninety-day
period begins on the date that the complaint is filed, or April 10, 2006, the
date we received your complaint. Your complaint has been assigned a unique
tracking number, which is SOS-HAVA-01-06-0001. Pursuant to Rule 31.5 of the
enclosed Election Rules of the Secretary of State, I am attaching a copy of the
submitted complaint with evidence of receipt and assignment of the tracking
number.
Pursuant to section 1-1.5-105(1)(g), C.R.S., you may request a
hearing on the record. In your email to the Secretary dated April 22, 2006, you
specifically requested a hearing on the record. The Secretary also
affirmatively wishes to have a full public hearing concerning the issues raised
in your complaint. Therefore, a public hearing has been scheduled for May 24,
2006 at 1:30 p.m., in the Blue Spruce Conference Room of the Secretary of
State’s Office, 1700 Broadway, 2nd Floor, Denver, Colorado. At that
hearing, you will have an opportunity to present data, views, and arguments
relevant to your complaint. Public notice will be provided in accordance with
law, and the Secretary of State intends to notify interested parties, such as
county clerk and recorders, vendors and representatives of the disability
community, so as to promote a full and open hearing on the issues raised.
Sincerely,
Wayne Munster
Acting Director of Elections
cc: David Hart, President, Hart Intercivic
The Honorable Linda Salas, Boulder County Clerk and
Recorder
Dean Schooler (via email)
Sheila Horton (via email)
Joe Pezzillo (via email)
Dr. Charles Corry (via email)
Robert Corry (via email)
Encl.
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