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March 25th, 2005 ERC DRAFT Minutes

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MINUTES OF MEETING OF MARCH 25, 2005 BOULDER COUNTY ELECTION REVIEW COMMITTEE

1. Call to Order, Roll Call

The meeting of the Boulder County Election Review Committee was held on March 25, 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 Harbor and Tom Davidson. Also present were members of the public.

Paul Tiger arrived at 2:10. There was no representative of the Secretary of State Office Linda Flack and David Leeds were excused from the meeting.

2. Approval of Minutes of Previous Meeting

Corrections to the minutes of the March 18 meeting were recorded and approved by unanimous vote on a motion made by Mr. Harris and seconded by Mr. Harbour.

3. Public Comment

Joe Pezzillo thanked the Committee for their thorough examination if election issues. He remarked about the “good news” that a hand count has been done in Boulder County, with the results reported within one day. He handed out a sample of Swiss Ballots, which are color coded for different contests. The ballots are 4” by 6”. Another sample ballot, 4” by 8”, printed with a Boulder ballot issue, was also entered into record. (EXHIBIT 37)

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

a.Recently submitted correspondence and documents.

b.Discussion of format for final report and mechanics of preparation/drafting.

Mr. Lyons reviewed the issues outlined in an e-mail message from Valeria Skitt, Longmont City Clerk. (EXHIBIT 35)

A letter was presented, referencing an informal claim for Eagle Direct, regarding Weyerhaeuser paper that was used in the November general election in Boulder. Howard Harris, of Eagle Direct spoke briefly about the issue and answered questions. This document was entered into record. (EXHIBIT 36)

In response to a question raised last week, Ms. Stahl submitted 3 ballots from the same precinct, having all the same races, with duplicate numbers. They are duplicate ballots, but not machine error. The error is in the printing by Eagle. Ms. Stahl described the problem and the method of handling it so that the votes were counted and there was no fraud. (EXHIBIT 38)

Mr. Lyons pointed out that there were only 55 ballots duplicated, it was not a large number and they did not delay the count.

5. Board listing and prioritization of “root” causes for delays.

Chairman Lyons asked whether other members felt that the Committee has exhausted the inquiry regarding presentations.

Ms. Hall expressed her belief that the goal should be consensus, with dissenting opinion possible.

Mr. Lyons stated that he believes the Committee has met its charge with respect to information gathering and if there is consensus on that it will be closed, with the understanding that it may be reopened if the need arises.

Mr. Tiger handed out a 4 page document titled “Tiger’s Short List” with his suggestion for grouping of issues for the report.

Mr. Lyons suggested that they start with a format similar to the Republican Party Report, with headings for different sections. Using a flip chart, he listed items to be included in Section I Introduction. This section would include a description of the problem and the charge to the Committee, statistics regarding the election, glossary of terms, process used by the Committee etc.

Section II would be a short Executive Summary of the Report.

Section III would be the body of the report.

Consideration of possible organization of the report was carried out, with one proposal being:

  1. List of issues that result in DELAY of reporting the election results B. OTHER FACTORS that influence the election C. RECOMMENDATIONS proposing solutions to problems listed

Mr. Taylor suggested that a Brainstorm exercise be used to solicit input from everyone, with ideas as to reasons for DELAY. Each member, in turn, stated reasons. Items were not to be discussed, only listed initially, and to be discussed later. The listing is as follows:

DELAYS:

  1. Hart System As 24-28 hour “bestcase.”
  2. H.R. Staffing / Training
  3. Processes: Standard vs Anomaly.
  4. Ballot Filtering Dealing w/ Overvotes
  5. System didn’t resolve over-Votes
  6. Ballot Printing Anomaly
  7. Space
  8. Hart – Lack of Running Tally.
  9. Backup Management Plant
  10. Efficient Logic 7 Accuracy Test
  11. Lack of Good Contract
  12. Processing Time of Provisional Ballots
  13. Mail & Absentee Ballot Verification – Validation Process
  14. Ballot Procurement & Quality Control.
  15. Inadequate Voter Education
  16. hart Software Not Robust
  17. Procedural Testing
  18. Constantly Changing Rules
  19. Training & Qualifications of Election Workers
  20. Implementing NAVA
  21. Lack of Scanning/ Resolution at Precinct Level
  22. Recruitment of temps
  23. Need More progress reports to Media
  24. WRITE-IN Auto Count
  25. Lack of Knowledge of Proprietary Software
  26. 11 x 17 Ballot Size
  27. Software is not Adaptable
  28. Court Cases
  29. Systems inability to run ballots through. Scanner out of order.
  30. Polling Location having 2 voter lists
  31. Resolution teams unbalanced between Parties
  32. Ballot Marking Device
  33. Lack of hart Specifications & Information
  34. 100% of Ballots were resolved during the counting process.

Brainstorming was then used to list Other Factors that affected the election:

OTHER FACTORS:

  1. Signature Verification
  2. Voter Responsibility to express their intent according to rules.
  3. 227 Precincts Create Logistical Burden
  4. Inadequate Polling Booths: Both Number and Privacy.
  5. Partisan Voting Process issues
  6. Confidence & Transparency at Precinct Level.
  7. Lack of vote posting at each precinct. Polling location
  8. Open Source Code on Public Domain.
  9. Voter Education
  10. Voter Registration Process.
  11. Defacing of Ballot by Voter.
  12. Ineffectual Integration
  13. Watcher & Electioneering Control at Polling Locations
  14. Successful Polling location Selection should be: Accessible, Secure & Properly Run.
  15. Lack of an Integrated Quality Management System.
  16. Major changes before Presidential Election.

Chairman Lyons asked each member to review their notes to determine whether other issues should be added to these lists. At the next meeting, stickie notes will be used to change or combine issues, and then sub-statements will be added to amplify issues that are decided upon.

6. Additional Public Comments

Lynn Segal described a paper ballot voting system that is being used successfully. She quoted from a news article in a local paper describing a public meeting soliciting input regarding a new voting system., and outside influence relating to the decision. She expressed her concern for an open and honest vote. Ms. Segal submitted an essay titled “The Ultimate Felony Against Democracy” by Thom Hartmann, and asked that it be copied for members of the Committee.

8. Adjourn

The meeting was adjourned at 5:20 p.m. on unanimous approval of a motion made by Mr. Harbour and seconded by Ms. Hall.

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