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HAVA complaint against HART eSlate certification
From: Wayne
Munster
Mr. Kolwicz, I write in response to your e-mail of May 10, 2006. Please keep in mind that the hearing set for May 24, 2006 is being conducted under the HAVA complaint procedure in section 1-1.5-105, C.R.S. As explained in section 1-1.5-105(3)(b), this is not an adjudicatory hearing. Put differently, this process is not the equivalent of a court hearing in which the Secretary is “on trial”. You have filed a complaint with the Secretary alleging certain violations of state and federal law. You contend that the Secretary wrongfully certified the Hart eSlate voting machinery. Specifically, you assert that the VVPAT does not protect voter privacy and that visually impaired voters cannot verify their votes on the VVPAT. The purpose of conducting a public hearing under section 1-1.5-105(2)(g) is to provide you and interested parties an opportunity to enter into the official record all information relevant to the allegations in your complaint. As I previously indicated, it is unfair to other interested parties to conduct off-the-record discussions with you (whether in meetings or by email) prior to the public hearing on the record. However, your message indicates a desire to obtain relevant information from this Office. In response to that desire, at the beginning of the hearing, a representative of the Secretary of State’s Office will present an overview of the state certification process and requirements, so that this information is properly entered into the record at the public hearing. This presentation will also include a review of the testing of the eSlate product and any unique aspects of that machinery relevant to the allegations of your complaint. As previously explained, you will then have an opportunity to present your views and arguments in support of your complaint. Likewise, other members of the public, including representatives of the disabled community, vendors, county officials, and any other interested person may also appear and present data and arguments to the Secretary on these issues. In this sense, the public hearing is akin to a legislative hearing, in which the legislature hears testimony from interested persons on a particular bill or issue and may ask questions of those persons testifying. However, I remind you, this statutory hearing process is not a “mini-trial”. You may make arrangements to videotape the proceedings as long as the camera remains in a fixed location that will not disrupt the hearing or those who wish to testify. Since your email makes a request under the Open Records Act, I have referred that request to our Public Information Officer, who handles all requests for public records. Thank you,
Wayne Munster
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