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June 19, 2006

 

Gigi Dennis                                                       BY: FAX and E-MAIL

Colorado Secretary of State

1700 Broadway
Denver, Colorado 80290

 

RE: SOS-HAVA-01-06-0001

 

Dear Ms. Dennis:

 

At the May 24^th public hearing, you asked me for alternatives should the eSlate be de-certified.  I offered to meet with you and/or staff to develop a list of alternatives.  Your office has routinely turned down our offers to meet, most recently in a June 13^th letter.

 

The eSlate was expected to meet federal and state election requirements but it does not.  Therefore, the law requires that you decertify the eSlate.  The question then becomes, without DRE’s, how will people vote in the upcoming primary election, and how will Colorado meet federal and state requirements?

 

Advocates of digitally recorded votes will try to persuade you that there is no alternative.  This is not true. 

 

We have outlined an 8-point alternative that will (a) permit disabled voters to use the non-compliant DRE voting machines to mark their ballots, (b) maximize the potential for a secure and accurate election, (c) be accomplished in time for the election, (d) protect taxpayers from the burden of purchasing non-compliant voting equipment, and (e) make a best effort to meet the spirit of federal and state election laws.

 

The 8-point alternative would change voting logistics and what gets counted.  The logistical change (points 2-6) will restrict the use of decertified DRE devices to early voting locations; early voting will be extended by one day.  The counting change (points 7-8) will restrict the counting of votes to those recorded on paper; digitally recorded and bar coded votes will not be counted. 

 

We understand the HAVA requirements.  Nonetheless, we believe that the spirit of HAVA is better met by providing disabled voters with the option of using the decertified DRE device to mark but not count their votes, and providing all voters with a secure and accurate election by restricting the use of decertified voting equipment to early voting locations.

 

I and my colleagues hope that you will carefully and fairly evaluate this 8-point alternative as a positive solution for the primary election.  We are available to discuss this and any other alternatives to the use of non-compliant voting equipment.

 

 

Al Kolwicz

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8-point alternative if HART eSlate voting equipment is de-certified
 

1. Decertify the DRE's.  They do not meet federal and state requirements. 

 

2. Authorize a one-year temporary use for a minimum number of DRE voting machines. 

 

3. Issue an Emergency Rule prohibiting the use of decertified DRE’s in precincts.
   
   To use a decertified DRE in the precinct conflicts with HAVA, and places the security and accuracy of the election at risk.  Voting centers do not provide a DRE in every precinct. 

 

4. Issue an Emergency Rule extending Early Voting to include Election Day.
   
   The reason for extending early voting is to provide DRE vote marking capabilities for disabled voters even though the DRE’s are decertified.  We want to limit the use of decertified equipment and limit the number of non-compliant eSlate devices purchased and used for the primary election. 
   
   We understand that approximately 40 Colorado counties are purchasing HART DRE’s this year.  Hundreds of units are involved.  If the SOS decertifies the DRE’s, existing contracts can be voided.  Most counties would require fewer DRE’s for early-only-DRE-voting.  (In the case of Boulder County this would be perhaps ten instead of 230 DRE units.)  This would limit the election’s exposure to error and also limit the government’s financial exposure.

 

5. Issue an Emergency Rule permitting voters to choose between hand-marked paper ballots and DRE voting at Early Voting locations.
   
   This is practical because of the following.  (a) Each county’s Early Voting contingency plan (Rule 43.7.1-g) should include the paper ballot option in the event that equipment fails.  (b)  Some counties will have access to Ballot-on-demand printing for use in the Early Voting locations.  (c)  Since early voting began, early voting locations have been stocked with every ballot style.  (d) Paper ballots may be the only way to vote an anonymous provisional ballot.

 

6. Encourage non-disabled voters away from DRE usage and toward paper ballot usage, and train them to properly mark their ballot.
   
    

7. Issue an Emergency Rule (a) prohibiting the counting of votes that were digitally recorded in the DRE, and (c) prohibiting the counting of votes that were printed in the form of bar-codes.
   
    

8. Issue an Emergency Rule requiring the hand-counting of the votes recorded on the text portion of the paper ballots printed by the DRE VVPAT equipment.

 

 

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REFERENCES

 

ELECTION CALENDAR

 

23-June Fri. - Final day for the Secretary of State to approve alternate ballot counting.  No later than 45 days before the Primary Election) 1-7-603, 1-1-106(5) 

 

C.R.S. 1-7-603.Preparation of election returns.
If any designated election official wishes to count the votes cast at a location or by a method other than authorized by this code, the designated election official may present a plan, for approval by the secretary of state, that delineates the process for assuring accuracy and confidentiality of counting. The plan shall be submitted to the secretary of state and approved no later than forty-five days before the election at which the plan is to be implemented.

C.R.S. 1-1-106 (5) 
If the state constitution or a state statute requires doing an act in "not less than" or "no later than" or "at least" a certain number of days or "prior to" a certain number of days or a certain number of months "before" the date of an election, or any phrase that suggests a similar meaning, the period is shortened to and ends on the prior business day that is not a Saturday, Sunday, or legal holiday, except as provided in section 1-2-201 (3).

 

ELECTION RULES

 

43.7 Security Procedures shall at a minimum include, if applicable:

43.7.1 The physical security of election equipment, software and firmware, election materials, polling places and counting centers, and equipment storage locations, including but not limited to:

 (g) Emergency contingency plans for equipment and polling places;