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HAVA complaint against HART eSlate certification
From:
Wayne Munster [mailto:Wayne.Munster@SOS.STATE.CO.US] Mr. Kolwicz, A. One of the questions at the hearing will be, what is the appropriate remedy if there is a violation? Your views on this question will be welcome, along with the views of others who wish to provide testimony at the hearing. We cannot pre-judge the answer to this question. Q. Will you personally coordinate preparations for this hearing, or should we be working with another person from you office? A. We’re not quite sure what you mean by “coordinate preparations”. We are sending out formal notice of the hearing. At the hearing, you will have an opportunity to present facts and arguments in support of your complaint. Other members of the public will also have an opportunity to present their views. We will provide sign-up sheets for those who wish to testify, and we will arrange for a recording. There is very little else in the way of preparations that we anticipate. Q. We are very interested in advance preparation for the hearing. We hope that you will be willing to disclose your content so that we can carefully analyze it before the hearing. We are happy to share our preparations with you. A. Again, we’re not sure what you mean by “content”. At this point, we do not have any “content”, except that we are aware of an opinion from the U.S. Department of Justice that may be relevant and that probably should be discussed at the hearing [attached]. We will also review any relevant legislative history associated with SB 05-198 (the bill that added the voter verified paper record requirement) in advance of the hearing. Q. Before the hearing, we would like copies of certain data. By way of example, we would like to review the details of the relevant tests conducted by national and state certification authorities. This would include test plans, test cases, test results, analysis and report of tests that show compliance of the HART eSlate with the subjects described in the two alleged violations. A. We’re not sure what tests we have that are relevant to the two allegations of your complaint, but certainly we’re happy to work with you on your information needs. Testimony will be limited to that which is relevant to the two specific allegations of your complaint (voter secrecy and VVPAT verification by visually impaired voters). Other issues relating to certification are not part of your complaint and are therefore not relevant to the hearing. Q. We would like to work with you on the agenda, particularly the content of the materials to be presented by the Secretary of State. A. (See above.) The purpose of the hearing is to permit the Secretary to receive evidence and arguments from the public concerning the allegations of your complaint, and to ask questions of those persons presenting information. The Secretary does not “present” materials at such a hearing or advocate a particular position. Q. We believe that the proceedings would benefit from participation of Independent Test Authorities who conducted the tests. A. Again, please bear in mind that testimony will be limited to that which is relevant to the specific allegations of your complaint, not the entire certification process itself. Q. We believe
that the proceedings would benefit from a format that encouraged a dialog,
rather than a monolog. Q. Will you make
a video recording of the hearing? Will all materials be made available to the
public via the Internet? Q. It would be beneficial for us to meet with the hearing coordinator as soon as possible. As you can see from the questions above, many details need to be worked out in advance of the hearing. A. We hope that the answers provided above are sufficient. In order to ensure fairness to the public, we do not believe it is appropriate to meet with parties privately. Q. If you would like us to copy Mr. David Hart on future communications, please provide us with his e-mail address and other contact information. A. Mr. Hart and other potentially interested parties, including National Federation of the Blind, Legal Center for People with Disabilities and Older People etc...will be made aware of the hearing through the formal notice we are sending. They and any other member of the public will be welcome to attend and participate in the hearing.
Wayne Munster <<Department of Justice opinion.doc>> |
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