ACTION ALERT: NM Counties to Begin "Clearing" Voting Machines?

[dzika]

Tuesday, December 28, 2004

ACTION ALERT: NM Counties to Begin "Clearing" Voting Machines?

Rick Lass, the Green Party attorney, is reporting they received a letter stating that Bernalillo County plans to start "opening and clearing" the voting machines used on Election Day, and inviting them to be present. The letter gave Monday, December 27th, as the start date for this operation.

A call by Lass to the County warehouse was answered by a gentleman who said they were waiting for final approval from the Secretary of State's office. He also said seven other counties were planning to "clear" their machines this week.

Lass said,

Obviously, this would have huge repercussions on any kind of meaningful recount.

Our lawyers are looking at legal options, such as asking for an injunction until all our legal avenues are exhausted. In the meantime, could you call your county clerks first thing in the morning and find out if and when your county is planning on clearing the machines? If soon, please ask them not to, and explain that the recount is still going to happen, or at least it is still a possibility. If the clearing is going forward, please try to find someone to go down to where the machines are kept and observe the process.

To find the phone number for the NM Secretary of State as well as your county clerk, go to this page at the NM Secretary of State's website and scroll down.

Call the New Mexico Secretary of State at 1-800-477-3632

Link:
http://www.democracyfornewmexico.com/democracy_for_new_mexico/2004/12/action_alert_be.html

[Terre]

1. Why the RUSH?

I don't get it. Have any other states across the nation done this already, or planning to do it?

[dzika]

2. Green Party is still trying for a recount in NM

The word yesterday was that they might file an appeal in Federal Court.

Some say that Gov. Richardson is doing as much damage as Blackwell is in Ohio. It's another case of "we don't have anything to hide so we aren't going to let you look."

It makes no sense.

[anamandujano]

3. I wish Kerry lawyers would file something to stop this bullsh*t in all

states. All the election information should be saved in the country. How will the GAO conduct their "inquiry" or whatever the f*ck they're planning for the summer.

The whole thing is like a 3 month old fish.

[dzika]

36. They said we can stop calling now... read my message on post #35

[whometense]

7. This has been bugging me for weeks.

What the hell is Richardson up to??

[claudiajean]

22. They very likely have a January or February local election...

...and need to start getting ready.

The machines in Washington state would have long been cleared by now, and reprogramming started for the February 8 election, if not for the Gubernatorial recount.

[dzika]

4. How do you read this Action Alert?

Are they looking for volunteers to observe the clearing of the machines?

or

Do they want people to call the SOS office and complaing?

??

[shraby]

5. Isn't it a Federal law that all election

materials must be retained for a certain period of time?

[claudiajean]

24. Yes. 22 months. But "clearing" is just a data dump onto disk. n/t

[Boredtodeath]

29. Not true. Please see my post #27 in this thread n/t

.

[claudiajean]

32. The information you received from NM is wrong...

...or at least is unlawful.

If NM is not requiring a data dump onto disk, then they are in violation of Federal law.

Both paper copies and electronic copies are required to be retained for 22 months if the devices used were electronic based in any way (optical scan, touchscreens or other DREs, etc.)

[bettyellen]

6. call and complain now , you can find the opportunity to help after!

[Boredtodeath]

8. The first thing you better do is define "clearing"

This may not be as disasterous as many are implying.

What does "clearing" mean? In electronic voting states it means a complete data dump to CDROM, preserving all the election material on the voting machines.

Before we panic, can someone first attempt to get this process defined?

[dzika]

9. I called the NM SOS...

They put me right through to her voice mail (can't do that in Ohio anymore) and I just simply asked that the machines not be cleared until all potential recount issues are resolved in New Mexico.

I hope this was OK.

I also wrote to the email address on the 'Democracy for New Mexico' site to see if I could get some additional clarification.

[anamandujano]

10. I emailed Olbermann

[claudiajean]

23. You are correct. "Clearing" is just a data dump.

The data on the CD or disk has to be retained for 22 months following certification, per Federal law.

[Boredtodeath]

27. Not according to Steve at the NM SoS

According to him, they meet that federal requirement by printing paper copies of the data before the dump.

There is NO CD or diskette dump done on any type of voting machine in NM during the "clearing" process.

[claudiajean]

31. Then they are in violation of Federal Law....

...period.

And that came directly from the DOJ attorney who was my contact point when I ran the ninth largest election office in the nation.

All materials, documents (including electronic), and canvass materials and reports (including electronic) are required to be retained for 22 months following certification of a Federal election.

[fooj]

11. well...

What exactly does CLEARING mean? Their arrogance knows no bounds!

[Boredtodeath]

12. Just got off the phone with NM SoS

I spoke with Tracy (first) and Steve (second) asking for a clarification about what "clearing" means.

NM law requires that the election machines (regardless of vendor) be cleared of past elections before they can be used in another election. NM is coming up on a 45 day legal requirement to clear the machines, as well as a local election right after that 45 days.

There is no legal requirement for a data dump to CDROM and the only way to preserve the data is via court order. Simply put, the Greens get a court order or the "clearing" will continue on schedule.

The NM SoS has alerted all counties to hold off on clearing machines until they receive direct instructions from the SoS to proceed.

The GLIB group needs to get an emergency hearing if they want to protect this data in it's pristene form. Our calls and emails won't change the law and the SoS is bound to follow the clearing policy in 45 days.

[dzika]

13. Thanks. Good Info.

So, I still don't know what they are trying to accomplish with this alert. It sounds like its all depends on the lawyers.

[Boredtodeath]

16. Sounds like hysteria

Activists can't accomplish anything on this. Steve was very upset and made several defamatory comments like "They call the data garbage and then scream when we attempt to clear it. If they don't believe the election was legitimate, why do they want the data?"

My response was simple. I told him we were all on the same side - the side of clean, honest elections and if they wanted to put this issue to bed, they would agree that's all each of us want. I reiterated that they weren't the "enemy" and we were all trying to increase confidence of the outcome of all our elections - past, present and future. And that if he wanted to end the hysteria, all they had to do was attempt to get to the same goal as the voters. Steve thanked me for my honest, calm approach and agreed that we were all just trying to get to the same place - confidence in our election process.

Can anyone get me a number to Rick Lass?

[me b zola]

37. Just wanted to say 'Thank-You'

Not only for taking action and calling his office, but by how you handled his remarks. This is the way, I believe that we will be able to affect change. Some will actually begin to agree with the proposition that we deserve transparent elections, and the others will just sound like the fascists that they are if the thought of transparent elections angers or annoys them. So, thank-you.:hi:

[Peace Patriot]

26. Why don't they just put these evil machines aside and...

...do their next election with paper ballots and hand counts? That way, they can have an honest and verifiable election, for whatever they're having an election for, and the Greens and Libertarians' recount evidence is preserved for further inspection. What's so sacred about these machines? They are not the only way to vote--in fact they make elections stink to high heaven!

[berniew1]

38. Documentation of massive vote machine fraud and voter suppression in N.M.

http://www.helpamericarecount.org/NewMexicoData/NewMexicoGeneralElection.pdf

[OKthatsIT]

14. isnt that CONVENIEEENNNNNT!!!!

sux being American today

[jimfromthebronx10469]

15. i thought ...

richardson was a democrat...if he is then what a louse richardson truly is..:thumbsdown:

[Peace Patriot]

28. Re: Gov. Richardson

Protecting his fiefdom. Thinks the Barbarians will not strike there. Similar to other Dem kinglets and queenlets. While the empire is burned to the ground.

[OKthatsIT]

17. ONE MORE POINT...about the recount?

from what i understand about diebold machines...touch screens is..a recount is just a tabulator recount, which will only be a recount of the same thing....this is a waste of money($1.4mil).

The only recourse is to prove the falibility of machine hardware/software and demand a revote, NOT A REOUNT.

Why does everyone not understand this, especially the Green PArty. This why we havent sent them any money for the recount in NM.

[Boredtodeath]

18. There are a variety of machines in NM

Only 300 installed DREs (Sequoia). They use Dahaner, ES&S, Sequoia and the Optech II. Most are optical scan which produce a paper ballot that can be recounted.

[LiberalHeart]

34. The recount is a necessary step.

If the court challenge moves forward to a forensic examination of the ballots and the machines, the recount info must be in hand for comparison purposes. It's all about building a paper trail.

[GetTheRightVote]

19. I hope the Green Party gets it stopped, Democracy is dying in NM

Today,,,,, or have we ever had it ??

:grr:

[Boredtodeath]

20. UPDATE from Rick Lass

They have gone to court to request a stop to the clearing and are awaiting a decision.

They are pleased the the NM SoS issued a statement to the counties tell them not to clear the machines without further notice.

Call off the dogs. It's in the hands of the court and there's nothing we can do except anger elections officials further.

Let's wait for the decision from the court.

[dzika]

21. Cool. This story that confirms what you just posted.

Presidential candidates plan appeal in ballot recount fight

SANTA FE Green and Libertarian presidential candidates are still pursuing their legal fight for a ballot recount in New Mexico and plan to take their case to the state Court of Appeals.

Lawyers for Green Party candidate David Cobb and Libertarian candidate Michael Badnarik say they intend to file a notice of appeal with the court.

The attorneys say the appeal will ask the court to order a recount of presidential ballots in the November Second general election.

http://www.kvia.com/Global/story.asp?S=2740551

[anamandujano]

25. email addy for GAO

[e-mail]

I sent the link to the story. I don't see why we have to be the only ones that are angry.

[mdb]

30. I could see if an election were to be held within 60 days

They would need to do this. I don't know about NM but I recently saw Ohio law on disposition of material.

§ 3505.31. Disposition of ballots, pollbooks, poll lists or signature pollbooks, tally sheets.

In counties where voting machines are used, if an election is to be held within the sixty days immediately following a primary, general, or special election or within any period of time within which the ballots have been ordered preserved by the secretary of state or a court of competent jurisdiction, the board, after giving notice to all interested parties and affording them an opportunity to have a representative present, shall open the compartments of the machines and, without unlocking the machines, shall canvass the vote cast in them as if a recount were being held. The results shall be certified by the board, and this certification shall be filed in the board's office and retained for the remainder of the period for which ballots must be kept. After preparation of the certificate, the counters may be turned back to zero, and the machines may be used for the election.

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

[hedda_foil]

33. Make the calls. Make a noise. The attorneys have filed.

Keep up the heat on NM, folks. Thanks to Rick, the clamps have been put on in time! The attorneys of record (Lowell Finley, John Boyd, David Garcia)filed an appeal to the original suit in District Court (different from the Supreme Court case and still open for appeal) and sent letters to the SoS and each of the 33 county election directors to make sure the machines could not be purged. As long as there's an active recount request, it's illegal to erase the previous election without a court order.

But keep those letters and calls coming. Let the SoS, AG, and county Election Directors know that the people demand a recount! And everyone from every state, call and write Gov. Richardson. Seems he's often more concerned about his popularity out of state!

[dzika]

35. We won this battle... they asked that we please stop calling.!!

Hey!

The DU Response was awesome!

They couldn't believe how many calls they got and how quickly we reacted. Great Job!

Barbara from the Democracy for New Mexico site says we can stop calling the SOS now. She has taken the alert down from the website.

The Green Party is filing an appeal so the SOS has issued an order to the counties that the machines not be 'cleared' until further notice.

Mr. Lass says that he will keep us up to date with the latest information.