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April 1st, 2005 ERC DRAFT Minutes

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DRAFT

MINUTES OF MEETING OF APRIL 1, 2005

BOULDER COUNTY ELECTION REVIEW COMMITTEE

1. Call to Order, Roll Call

The meeting of the Boulder County Election Review Committee was held on April 1, 2005, at 1:00 p.m. in Houston Conference Room, Boulder County Clerk and Recorder’s Building. The meeting was called to order by Richard Lyons, Chairman, at 1:05 p.m.

The meeting was attended at roll call by the following Committee Members: Richard Lyons, Richard Harris, Hillary Hall, Michael Taylor, Jay Harbour, Linda Flack and Tom Davidson. Also present were Staff of the Elections Office and members of the public.

Paul Tiger arrived at 1:55

David Leeds did not attend the meeting

There was no representative of the Secretary of State Office

2. Approval of Minutes of Previous Meeting

Corrections to the minutes of the March 25 meeting were recorded and approved by unanimous vote on a motion made by Mr. Taylor and seconded by Mr. Harbour.

3. Public Comment

There was no comment from the public.

4. Other business, including of issues before the Committee, including but not limited to:

· Recently submitted correspondence and documents, if any · Discussion of format for final report and mechanics of preparation/drafting.

Chairman Lyons stated that Mr. Harris had an issue he wanted to present to the Committee.

Mr. Harris referred to Neal McBurnett’s presentation on March 11 in which he pointed out that the Audit Log contains the resolution and the serial numbers of all 13,000 damaged ballots. It records how the ballots were voted and a wealth of other information. The majority of these ballots had printing problems. Mr. Harris believes that if all of these ballots’ serial numbers were found to be clustered together, Eagle printing could refer to files and determine whether or not, they were all printed by the same machine. Mr. Harris suggested that some Committee members and others who are interested in the issue, spend a day looking at damaged ballots to try to determine what happened. Mr. Davidson stated that this information might be useful to Eagle Direct, but it would probably not affect the report of the Committee.

Mr. Harris has spoken to Linda Salas about this project and she is willing to inquire with the Secretary of State and the County Attorney to determine whether or not it is permissible to do this.

After further discussion, Mr. Harris moved and Mr. Taylor seconded a motion that the Committee ask to have the Audit Log searched for serial numbers of ballots that contain damaged races, for the purpose of tracing those ballots to the printer on which they were made.

Mr. Harbour proposed a friendly amendment to the motion to add, “if Ms. Salas deems it is necessary.” The amendment was accepted by Mr.Harris and Mr. Taylor. The motion failed to pass with 3 in favor and 4 opposed.

5. Board listing and prioritization of causes and other factors for delays, including recommendations.

Mr. Lyons distributed a document prepared by Mr. Harris, which organizes the list of issues, created at the last meeting of the Committee, into categories that might be used to form the report. The categories are:

Mr. Taylor suggested using the Marion Crawford method for handling group input for creating a document. Members seemed to favor the use of a computer, writing items related to each category and recording them as they were agreed upon. Mr. Harris typed the information and it was projected on a screen for all to see and respond. The first draft is as follows:

In discussion of delays in counting attributed to misunderstanding in conducting the Logic and Accuracy Test, a question arose as to whether the County Clerk is mandated by rules to be present during the testing process.

A question was raised as to poll books and a separate list of voters who had voted before Election Day. This required judges to check both lists to verify voters. Members discussed various options to address the issue. Ms. Stahl brought a poll book to show how it was handled at the polls.

In addressing the problems with planning Mr. Harris emphasized that he hopes the report will be soft on criticism of the election staff, remarking that even the best can be better. There was general agreement with that concept, although Mr. Taylor said there are areas of the report that must be hit hard.

In addressing the Hart System, questions arose about resolving the following issues:

There was general agreement that the Hart system functions well for mail in and absentee voting, for which it was designed.

Mr. Harbour expressed that if the County, working with Hart, to provide new equipment to be more efficient, it could be an excellent system.

Mr. Harris pointed out that it is probably best to continue to work with this system through the next two elections to better evaluate it and to watch what kinds on new systems become available, through new technology, before the next presidential election.

Chairman Lyons stated that the focus for next week should be, first to try to address the category of Ballot Printing, and next to try to agree on a recommendation regarding the Hart system. He asked each member to be ready to state a position on that issue.

Mr. Davidson suggested that Mr. Lyons e-mail members a straw man Hart recommendation. Members can comment on it and perhaps come to agreement fairly quickly. Mr. Lyons agreed to do that.

Copies of the Election Review Committee Selections for the Draft Report were produced and handed out. Ms. Hall will send them electronically to Mr. Leeds.

Mr. Harris moved and Ms. Flack seconded a motion stating that the Committee, by its vote on an earlier motion, which failed to pass, does not imply that the Committee is opposed to the County Clerk doing that. The motion passed with one nota vote.

Mr. Lyons announced that the meeting next week is to be held in the Houston Room.

Mr. Davidson suggested that, with time to complete the report running out, they might consider meeting on a Saturday. Mr. Lyons agreed, but said he thinks the process will move quickly after next week’s meeting.

Concerning writing the report, Mr. Taylor’s suggestion was supported, of assigning members to write a draft of different sections of the report, which the group would review and approve.

Ms. Flack suggested that a professional writer be hired to write the final report from the drafts that have been approved by members. That suggestion was enthusiastically supported.

6. Additional Public Comments, time permitting

There was no public comment

7. Adjourn

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