January 21st, 2005 ERC Minutes

MINUTES OF MEETING OF JANUARY 21, 2005 BOULDER COUNTY ELECTION REVIEW COMMITTEE

1. Call to Order

The meeting of the Boulder County Election Review Committee was held on January 21, 2005, at 1:00 p.m. in the Houston Room of the Boulder County Clerk and Recorder Building. The meeting was called to order by Richard Lyons, Chairman, at 1:05 p.m.

2. Approval of minutes was delayed until after the arrival of Mr. Tiger.

3. Roll Call and Introductions

The meeting was attended by the following Committee Members: Richard Lyons, Richard Harris Tom Davidson, Linda Flack, Hillary Hall, Jay Harbour, Michael Taylor, and David Leeds. Also present were Melba Shepard, who was introduced as the acting recording secretary and, at the request of the Committee, Jenny Olberding, of the Boulder County Purchasing Office.

The Chairman, Mr. Lyons, reported that Joanna Macy has resigned from the position of Recording Secretary.

Paul Tiger arrived at the meeting at 2:02 p.m.

4. Public Comment

Mr. Lyons announced that public comment would be held at the beginning and at the end of each meeting.

Joe Pezzillo and Neal McBurnett requested permission to address the Committee.

Mr. Pezzillo wanted to comment on his appreciation of the thorough analysis being implemented by the Committee in addressing its mission.

Mr. McBurnett stated that he would like to make a presentation to the Committee regarding security and other issues which might benefit the process of the Committee.

Mr. Lyons commented that a full meeting, of the Committee, to accept public input, will be held at a future date, and that would be an appropriate time for such a presentation.

5. Presentation by Jenny Olberding , Purchasing Agent, Boulder County

Submitted a memorandum in response to the Committee request for information on the 2004 election ballot printing RFP and contract process. (EXHIBIT 5)

Exhibit 5 consists of:

Memorandum of Commissioners Actions dated September 16, 2004 Note for the Record documenting telephone conversation between Ton Halicki, Margo Shimel and Jenny Olberding, 9/13.04 - 9/14/04 regarding purchasing procedures. Purchase Order issued to Eagle Direct with justification for purchase order attached.

In discussion, Ms. Olberding reported that a Request for Proposal (RFP) process is required for any purchase in excess of $ 24,000. Because of time constraints in ordering the printing of ballots, a request for a bid waiver of the RFP was made and granted by the Board of County Commissioners. Time constraints were caused by a wait to determine whether or not Ralph Nader’s name was to be included on the ballot for President.

An informal process was used to seek proposals by telephone. Three vendors were contacted by Tom Halicki, Only Eagle Direct could provide all services needed.

Discussion proceeded around the need to understand the entire purchasing process. Who in the Clerk’s office requested the order? What were the specifications in the order? The Committee requests input from Ms Salas regarding the time frame for ordering the ballots and written policy procedures, which may be sent to the committee electronically.

6. Presentation by Technical Expert from Eagle

The Chairman, Mr. Lyons, entered into record an email message from Patricia Stahl , from the Elections Office, stating that Eagle has issues with Hart and possibly with Kodak which need to be addressed before a presentation to the Committee. A request is made to postpone the Eagle presentation until the January 28 meeting. (EXHIBIT 6)

In discussion members expressed a need to speak with technical/programing staff from each of these organizations, and it was felt appropriate to request that they all come at the same time to answer questions. It was stressed that, in order to be specific about the purpose of their appearance, questions should be identified and presented to the companies. Then the issue of compensation for their appearance before the Committee became a concern.

The Chairman, Mr. Lyons, entered into record an email message from Neil McClure, General Manager for Hart InterCivic, Inc. requesting that he be considered the technical contact for Hart InterCivic and for any possible involvement in the Committee’s efforts. He offers to meet with the Committee to make a technical presentation regarding their product, Ballot Now. (EXHIBIT 7)

A subcommittee of Mr. Taylor and Mr. Davidson was appointed to develop a list of technical questions to be delivered to the Printer.

Mr. Lyons will contact Mr McClure inviting him to attend the February 4 meeting.

Mr. Leeds suggested that Tom Halicki be asked to appear before the Committee for questioning and that he be invited to attend the February 11 meeting

Mr. Harris wanted to clarify the point that he is not participating in the Committee to place blame for the problematic election system, but he wants the Committee to clarify a working process. Committee members agreed with this position.

7. ¨Ballot Resolution¨ (EXHIBIT 8)

The Chairman, Mr. Lyons, entered into record a document provided by Ms. Salas to offer assistance in resolving voter intent in the voting process. Guidance comes from statutes issued by the Colorado General Assembly and from rules issued by the Secretary of State’s Office. A summary of the rules is listed. The document includes a demonstration of the kinds of marks which are considered “overvotes” and “undervotes”

Also entered into record is a Chapter from the training manual provided by Hart. It is titled Sequential Steps in Resolving Ballots. (EXHIBIT 9)

Mr.Harbour clarified the process used in the recent election for handling unusual ballots, namely, blank, undervotes, overvotes and mismarked Mr. Leeds brought and described the content of a summary of voting results from each precinct, showing numbers of votes requiring special consideration.

Several members of the Committee requested copies of the Hart, Ballot Now Training Manual. Mr. Lyon agreed to email a message to Mr. McClure requesting copies of the manual for members.

Mr. Tiger suggests a need to look at rules coming from the State and how they influence voting procedures.

Ms Flack agreed to obtain copies of the 2004 election calendar and chronology of voting procedures from both the State and the County so they can be seen in overlay. She was also asked to obtain a glossary of election terms from the Election Office.

A subcommittee of Mr. Tiger and Mr. Taylor was appointed to create a list of questions for Mr. McClure of Hart InterCivic.

8. Probable Cause of Delay in Count (EXHIBIT 10)

Mr. Taylor presented a matrix listing 40 issues that may have contributed to the delay in ballot counting. It is primarily a list of ballot issues. It was agreed that an additional list of issues relating to software and to human involvement in the process must be considered.

Ms. Hall and Mr. Leeds were appointed to a subcommittee for human issues. Mr. Harbour volunteered to address the software problems. These reports will be created using the matrix format which Mr. Taylor developed.

It was agreed that priorities should be set for considering these issues and possible solutions formulated.

2. Approval of Minutes

Correction of the minutes of the January 14 meeting were recorded and the minutes approved with two abstentions by members who did not attend the meeting.

It was moved and seconded to appoint Melba Shepard Recording Secretary. The motion was approved by unanimous vote.

9. Public Comment

Mr. Pezzillo requested that he be allowed to make a presentation to the Committee regarding the Swiss Voting System.

Ms. Hall moved and Mr. Leeds seconded a motion to include the Swiss Ballot information before this Committee.

In discussion it was suggested that it should be considered whether or not recommendation of a specific system would be within the purview of the committee charge, and if so if this is the appropriate time to begin such consideration.

Mr. Harris moved that the motion on the floor be tabled until a later date, Ms. Flack seconded. A role call vote was necessary resulting in 6 affirmative and 3 opposed.

Mr. Harris made an alternative suggestion that Mr. Pezillo provide a demonstration of the Swiss Voting System for individual members outside of the Committee regular meeting. Mr Pezzillo offered to provide such a demonstration at any time that is convenient for members.

Mr Pezzillo encourages the Committee to take a broader view in consideration of its charge.

Mr. McBurnett made reference to a report that was created by him and Mr. Don Hayden, the Boulder County Logic and Accuracy Test. Mr. Lyons believes that the report should be presented to the Committee.

Mr. McBurnett also made reference to an Audit Report that he has requested but has not been given a copy. He wants to develop software with which to study the report.

It was decided to hold a longer public comment session on February 11. That will be in addition to an appearance of Tom Halicki at that meeting.

A notice of meetings of the Boulder County Election Rreview Committee will be printed in the Sunday news media. Ceclia Lacey is the reporter for the Committee.

The meeting was adjourned by unanimous vote at 5:15.

______________________________ Recording Secretary

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