Posted on Friday, February 22, 2008 - 3:27 pm:

Recently got back from a second tour of duty in New Hampshire. It was warranted, and even more disturbing than the first trip. New Hampshire is important, because the infrastructure is in place to do things right there, and with simple corrective procedures, could return to being the "gold standard" of elections for America. But if we can't get those simple repairs done, it does not bode well for citizens' ability to get much of anything meaningful done -- anywhere.

BEAUTY AND THE BEAST

Secretive behavior. Disabling of election checks and balances. Contrived explanations to justify obstruction of and surveillance of observers who ask too many questions. A deputy positioning himself to assume the position of Secretary of State, with handlers (and protectors) hovering over current beloved Secretary of State Bill Gardner.

What's happening in New Hampshire? Whatever it is, it afflicts one of the last bastions of election liberty in America.

New Hampshire is quite literally a beacon of hope for the beleagured U.S. election system. Even after exposing how New Hampshire chain of custody broke down recently, New Hampshire REMAINS one of our best hopes for real, meaningful electoral reform offering public counting and a publicly viewable chain of custody.

Cracks in New Hampshire's foundation of open government can be repaired easily. And they MUST be, because if we allow the removal of checks and balances in a simple, publicly viewable system right under our noses and can't correct the situation, what hope can we have for the more complex situations in other states?

Something's going on in New Hampshire, and it goes beyond post-it seals and torn ballot boxes. What it is, it appears to revolve around players who run in Secretary of State Bill Gardner's periphery, rather than being instigated by Gardner himself. In fact, Gardner is not always told what decisions have been made. He has an unfortunate habit of responding with wordless stares, big eyes magnified by thick glasses, -- bad news for a politician in today's video-toting YouTube world, but as we came to learn, not where the real problems originate.

Gardner's staff, particularly Deputy Secretary of State David Scanlan, make decisions unilaterally and then set Gardner up by pitching the cameras to him when their own actions produce complaints. Gardner generally handles these surprises adroitly, but sometimes is at a loss to explain actions taken by others while they left him out of the loop.

SECRET LEGISLATIVE VOTE CHOOSES THE NEW HAMPSHIRE SECRETARIES OF STATE

Scanlan has positioned himself to assume the mantle of secretary of state -- a position that is "elected" through a SECRET VOTE by the New Hampshire legislature. While the legislature's election for this position may be in New Hampshire's constitution, the secret vote procedure certainly is not. One of the first things New Hampshire citizens must do is demand an end to the secrecy of the count in the upcoming legislative election for secretary of state. That, and put some more candidates on the choosing block.

Even after a YouTube roasting initiated by a Black Box Voting video - http://www.youtube.com/watch?v=PKQEQ7qHvgM - Gardner was unfailingly warm, friendly, and responsive to Black Box Voting and other activists. He is, though, clearly out of his element with electronic voting. Gardner is a man who does not even retrieve his own e-mail, who confided to me that he has never seen a memory card and doesn't even know what they look like, whether they are round or square.

GRIMA WORMTONGUE ALIVE AND WELL IN THE "LIVE FREE OR DIE" STATE

Gardner reportedly hasn't mustered the technical know-how to download and watch his YouTube video himself, but I watched Scanlan quote the latest viewing statistics for the YouTube damage. Some members of Gardner's "helpful" staff print out the nastiest YouTube comments and any particularly hateful e-mails, leaving them on his desk.

OUT OF THE LOOP

A particularly unpopular decision was made to attempt to stall out and shut down the recount of Republican candidate Albert Howard for a few days. Howard -- and BradBlog -- came thundering forward with objections, and it now turns out that Scanlan had made that decision. Gardner reversed it.

Another poorly communicated but wise Scanlan decision came out on Feb. 14, e-mailed to town clerks warning them to hang on to their memory cards due to possible pending litigation. This may have been in response to a letter from a New Hampshire attorney, delivered Feb. 9, warning of possible criminal consequences for destroying records.

I asked Gardner about the directive to keep the memory cards, which came together with an offer by memory card programming vendor LHS Associates to lease "loaner" cards for $20 each. Gardner seemed as surprised as I was. He said he knew nothing about that decision. The e-mail was signed by Scanlan.

" Oh, well never tell Bill anything," confided one of the archive building's key employees to Walter Reddy, an observer. Not good. Also not a ringing endorsement for Gardner's management skills, which are clearly too laid-back for managing either crooks or snakes.

But Gardner IS generally always willing to take questions, doesn't hold grudges, and he actually does consistently take actions that demonstrate a value placed on open government and citizen oversight rights. If Gardner retires or is pushed out, heaven help New Hampshire if a citizen-friendly replacement is not in the wings.

New Hampshire had some genuinely creepy episodes. It can't hurt to shed a little sunlight on the details with public records requests.

PUBLIC RECORDS REQUESTS

Black Box Voting submitted a set of nine requests today to broaden the inquiry into what's really going on in New Hampshire. Here's one of them which demonstrates just how unwholesome the environment became as the recounts progressed:

To the office of the New Hampshire Secretary of State
State House, Room 204
Concord, NH 03301

To the office of the New Hampshire Dept. of Justice
33 Capitol Street,
Concord, NH 03301-6397
Fax (603) 271-2110

To the New Hampshire Dept. of Safety
James H. Hayes Building, 33 Hazen Drive
Concord, NH 03305-0002

To each of whom it may concern,

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #K9-022108-d

New Hampshire's previously excellent reputation for open, transparent governmental activity was blemished recently by acts of obstruction of citizen oversight through the use of investigators, forceful security measures, and the theft of property during the 2008 presidential primary election recount, held at the state archives building. These actions include attempts to justify such abuses by making allegations of "harassment" and/or other misconduct against election observers and election integrity activists. For these reasons, we are broadening our inquiries as to security and investigative tactics during the recent New Hampshire Presidential Primary Recount.

Pursuant to the state open records law, New Hampshire Right to Know law, N.H. Rev. Stat. Ann. sec. 91-A:1 to 91-A:9, I write to request a copy of the following records.

This request is being provided to three agencies; each agency is requested to provide records in full, regardless of whether this duplicates the records of the other agencies.

Item 1:
1a. Any and all policies, directives and instructions in the possession of your agency (but not duplicates within your agency), which were in effect as of Dec. 1, 2007 through Feb. 22, 2008, regarding GENERAL SECURITY MEASURES in the state archives complex, and also PHOTOGRAPHY or VIDEOTAPING in the STATE ARCHIVES complex. Please also include any additions or changes to policies, directives and instructions during this time period. Any portions not subject to RSA 91-A may be redacted, but we request that you provide all remaining unredacted portions of each document.

1b. Any and all documents, e-mails, correspondence and memoranda the following:

(1b-1) Any and all documents, e-mails, correspondence and memoranda pertaining to the assignment of, or requests for, or use of, or actions by, investigators from the New Hampshire DEPT. OF JUSTICE in connection with the recounts, the archives building, and/or persons observing, administering or participating in the recounts. (Dec. 1, 2007-Feb. 22, 2008)

(1b-2) Any and all documents, e-mails, correspondence and memoranda pertaining to assignment of, or requests for, or use of, or actions by, PRIVATE INVESTIGATORS or PRIVATE SECURITY PERSONNEL or CONSULTANTS in connection with the recounts, the archives building, and/or persons observing, administering or participating in the recounts (Dec. 1, 2007-Feb. 22, 2008). Please also provide any documents identifying the name, position, and hire date for the investigator receiving instructions from David Scanlan in the photograph below:

(1b-3) Any and all documents, e-mails, correspondence and memoranda pertaining to requests for or the use of POLICE DOGS or K9 units in connection with the recounts, the archives building, and/or persons observing, administering or participating in the recounts. (Dec. 1, 2007-Feb. 22, 2008)

(1b-4) Any and all documents, e-mails, correspondence and memoranda pertaining to HOMELAND SECURITY training exercises and/or actions in the complex where the archive building is located (Dec. 1, 2007-Feb. 22, 2008)
1c. Any and all documents, e-mails, correspondence and memoranda pertaining to efforts to justify obstruction of observation, special security measures, surveillance or interrogations by alleging "harassment" from activists or groups, in addition to communications with other elections officials and listservs about these issues, and all items pertaining to requests for or use of surveillance, monitoring, interrogations or investigations into observers of the recount, including election integrity groups and activists. This shall include but not be limited to the following items of special interest:

(1c-1) Any and all documents, e-mails, correspondence and memoranda pertaining to allegations, speculations, descriptions or claims that any election integrity groups, activists, or citizen observers were or might be involved in so-called "harassment" or any other misconduct. (Dec. 1, 2007-Feb. 22, 2008)

(1c-2) Any and all documents, e-mails, correspondence and memoranda pertaining to the theft of the camera belonging to Austin, Texas-based election integrity activist Vickie Karp, of Vote Rescue, which took place while an individual named "Jack", ordered Karp into a room for an interrogation on Jan. 24, 2008. "Jack" identified himself as an investigator for the office of the New Hampshire Attorney General/Dept. of Justice, though we do not find him on the list of state employees for the NH Dept. of Justice. Please also provide documentation indicating "Jack's" identity, position, and hire date. ("Jack" shown below with Scanlan):

(1c-3) Any and all documents, e-mails, correspondence and memoranda pertaining to the theft of video disks belonging to recount observer Carolyn Vessey Sharpe, which took place in the recount room on Feb. 11, 2008.

(1c-4) Any and all documents, e-mails, correspondence and memoranda pertaining to the disabling/breaking of door locks, and unauthorized room entries in the motel rooms used by Black Box Voting and other election integrity activists which took place during the time period Jan. 12-Feb. 16, 2008.

(1c-5) Any and all documents, e-mails, correspondence and memoranda pertaining to car prowlings, and notifications to the public of alleged car prowlings, on the campus housing the state archives facility from Jan. 14-Feb. 22, 2008

(1c-6) Any and all documents, e-mails, correspondence and memoranda pertaining to the videotaping of activists by Anthony Stevens and/or any other personnel from any of your departments.

(1c-7) Any and all incident reports filed, and when available according to NH Right to Know Law 91-A, any and all investigative notes and reports pertaining to alleged "harassment" or other misconduct by any activists or observers.

(1c-8) Any and all documents, e-mails, correspondence and memoranda pertaining to any other thefts, violations of personal belongings, or security breaches of cars or rooms of election integrity activists and observers who had observed during the recounts. (Jan. 14-Feb. 22, 2008)

1d. Any and all documents, e-mails, correspondence and memoranda pertaining to any contemplated or planned changes in citizen observation and oversight rights for future New Hampshire elections and recounts.

Item 2: Any and all bills, invoices, order forms, cost estimates or other financial documentation pertaining to expenses for any activities in Item 1 a, b, c and d above
If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.
I understand that there will be a reasonable cost per New Hampshire laws for this information. I agree to pay reasonable duplication fees up to $75 per agency. Please inform me if the cost will exceed this and provide an estimate and the basis for it.
As provided by New Hampshire open records law, I will expect your response within five (5) business days.

To the extent that any information within such documents is excluded by statute, please redact any excluded information and provide the remainder of the document. If you choose to deny any portion of this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Thank you for your assistance.

Sincerely,

Bev Harris
Black Box Voting

Posted on Friday, February 22, 2008 - 3:37 pm:

another request filed today:

Feb. 22, 2008
To the office of the New Hampshire Secretary of State
State House, Room 204
Concord, NH 03301

To whom it may concern,

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #VID-022108-a

Pursuant to the state open records law, New Hampshire Right to Know law, N.H. Rev. Stat. Ann. sec. 91-A:1 to 91-A:9, I write to request a copy of:

Item 1: All video recordings made by or for the office of the New Hampshire Secretary of State and/or Anthony Stevens from Jan. 16, 2008 through Feb. 22, 2008.

Item 2: Any and all security videos from inside or outside the state archives building from Jan. 14, 2008 through Feb. 22, 2008

If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address.
I understand that there will be a reasonable cost per New Hampshire laws for this information. I agree to pay reasonable duplication fees up to $500. Please inform me if the cost will exceed this and provide an estimate and the basis for it. My preference is to receive the video on disk; I understand that there are great variances in video format and cost for duplication based on the media used, so please choose the LEAST expensive commonly usable format.

As provided by the open records law, I will expect your response within five (5) business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Thank you for your assistance.

Sincerely,

Bev Harris
Black Box Voting

Posted on Friday, February 22, 2008 - 3:41 pm

Feb. 22, 2008
To the office of the New Hampshire Secretary of State
State House, Room 204
Concord, NH 03301

To whom it may concern,

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #TEL-022108-b

New Hampshire has some of the best and most open governmental practices in the U.S., but these have recently been obstructed by secretive actions during the presidential primary recounts. Because of the secrecy, we are broadening our review.

Pursuant to the state open records law, New Hampshire Right to Know law, N.H. Rev. Stat. Ann. sec. 91-A:1 to 91-A:9, I write to request a copy of the following records. Each item below applies to the following:

a. Applicable items for any and all LAND LINES and PORTABLE phones/cell phones/handheld devices including Blackberry-like communications devices, etc, and also FAX services and FAX machines.

b. For the office of the New Hampshire Secretary of State, including its business and administrative offices and each division (archives, elections, corporations, securities). This request pertains to all divisions in the office of the secretary of state, and is NOT limited to election-related issues.

c. From Dec. 1, 2007 through Feb. 22, 2008
Item 1: Please provide bills, invoices, statements for each telephone and fax line or device as per a, b, c above.

Item 2: Please provide any and all detail reports accompanying bills, invoices, statements etc. which contain itemizations for any outgoing and incoming phone numbers, dates, times, and length of call, for each telephone and fax line or device as per a, b, c above.

Item 3: Please provide fax machine activity logs (available as a menu item; see instructions for each fax machine) and/or any other phone log reports, requests for reimbursement of expenses, etc. which include documentation of incoming and outgoing phone and fax calls, for each telephone and fax line or device as per a, b, c above.

Item 4: Please provide the assignment information, indicating which phone lines, cell phones, and faxes are assigned to which individuals.

I understand that there will be a reasonable cost per New Hampshire laws for this information. I agree to pay reasonable duplication fees up to $100. Please inform me if the cost will exceed this and provide an estimate and the basis for it.

There should be no redactions on the above requested documents, since the existence of a call is not exempt even if in cases where the content of the call may fall under statutory exclusions. However, if you determine that certain information is statutorily excluded and must be redacted, please provide a written explanation for the exclusion of that information and redact ONLY those portions that the law dictates, providing all the rest.

As provided by the open records law, I will expect your response within five (5) business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Thank you for your assistance.

Sincerely,

Bev Harris
Black Box Voting

Posted on Friday, February 22, 2008 - 3:44 pm

another one:

Feb. 22, 2008
To the office of the New Hampshire Secretary of State
State House, Room 204
Concord, NH 03301

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #ACCESS-022108-e

To whom it may concern,

New Hampshire's outstanding election procedures – some of the best in the nation -- recently omitted certain critical checks and balances. We are immediately seeking more information to help learn what happened during the time period that these checks and balances were missing.

Pursuant to the state open records law, New Hampshire Right to Know law, N.H. Rev. Stat. Ann. sec. 91-A:1 to 91-A:9, I write to request a copy of the following records.

Item 1: Please provide any and all keycard access logs, and/or any other security access logs showing dates, times, and names and ID codes for each person who entered each interior or exterior entry to the state archives building, from Dec. 1, 2007 to Feb. 22, 2008. Please provide this in electronic format if available.

Item 2: Please provide the list of persons who had access to, were loaned, or were assigned keys or access cards during the time period from Dec. 1, 2007 to Feb. 22, 2008 for the archives building itself, and each area within. This should include the loading bay entrances, each outside door, the warehouse area, the so-called "vault" rooms, and any other secured areas.

Item 3: Please provide any orders, invoices, or statements for any lock changes or keycard reprogramming actions for the time period Dec. 1, 2007 through Feb. 22, 2008, for the archive building and any portions within.

Item 4: Please provide a copy of the access policies in effect from Dec. 1, 2007 through Feb. 22, 2008 for personnel and others, such as ballot counters and observers, for the archive building and any portions within.

Item 5: Please provide a copy of the policies in effect from Dec. 1, 2007 through Feb. 22, 2008 for ballot counters and observers to handle bar code scanners, stored ballot boxes, seals, labels, cleaning supplies, and other items while in the archive warehouse.

Item 6: Please provide a copy of all work orders, invoices, cost estimates, statements and other documents related to construction, renovations, electrical work, ventilation work, heating work, and any other work done on or inside the state archive facility from Dec. 1, 2007 through Feb. 22, 2008, including the company name and the dates and times work was performed.

I understand that there will be a reasonable cost per New Hampshire laws for this information. I agree to pay reasonable duplication fees up to $50. Please inform me if the cost will exceed this and provide an estimate and the basis for it.

There should be no redactions on the above requested documents. However, if you determine that certain information is statutorily excluded and must be redacted, please provide a written explanation for the exclusion of that information and redact ONLY those portions that the law dictates, providing all the rest.
As provided by the open records law, I will expect your response within five (5) business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Thank you for your assistance.

Sincerely,

Bev Harris
Black Box Voting

Posted on Friday, February 22, 2008 - 3:46 pm

Feb. 22, 2008
To the office of the New Hampshire Secretary of State
State House, Room 204
Concord, NH 03301

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #FIN-022108-h

To whom it may concern,
Pursuant to the state open records law, New Hampshire Right to Know law, N.H. Rev. Stat. Ann. sec. 91-A:1 to 91-A:9, I write to request a copy of the following records.

Item 1: The list of checks, or any other disbursements written and/or approved for payment for the time period Dec. 1, 2007 through Feb. 22, 2008, for all divisions of the office of the Secretary of State. Include amount, date of payment, name of payee, division, expense code or category

Item 2: The most detailed format available for the general ledger for the office of the secretary of state for the period Dec. 1, 2007 through Feb. 22, 2008.

Item 3: The accounts payable report, in the most detailed format available, for the office of the secretary of state for the period Dec. 1, 2007 through Feb. 22, 2008.

Item 4: All orders and purchases, including orders placed which haven't been invoiced yet, for the following items for each division of the Dept. of the Secretary of State, for the time period Dec. 1, 2007 through Feb. 22, 2008:

4a: Paper, envelopes, all boxes including but not limited to cardboard, and metal, and any locks and keys purchased
4b: Ballots
4c: Other printing
4d: Markers, pens, pencils, correction fluid/tape, all other office supplies (itemized)
4e: Cleaning supplies
4f: Repairs, painting, and renovations
4g: Apparel, uniforms, protective gear, gloves (including latex or rubber gloves), masks (including surgical and masks that protect from fumes and toxic inhalants), table covers and table sheeting, protective liners, drop cloths, plastic containers, paper towels, applicator bottles, hardware supplies, medical supplies, first aid supplies, cosmetics, nail polish remover, Q-tips, paint thinner, chemicals, photographic supplies, printers and copying machines
4h: Hazardous waste disposal, hauling, shredding services and related fees
4i: Any other purchases or orders that you think we should see.
Item 5: For the period Dec. 1, 2007 through Feb. 22, 2008: Any and all expense reimbursement requests for/from any employee of any division of the Dept. of Secretary of State, and for/from any consultants for the Dept. of Secretary of State.

Item 6: Itemized list of expenses for the 2008 presidential primary recount: Include all invoices, paid and unpaid items, and uninvoiced orders for every expense pertaining to the Democratic and Republican recounts, broken out by Democratic and Republican expenses.

Item 7: Annual budget for the office of the Secretary of State for 2007 and 2008.

Item 8: Any and all transfers of funds from any division of the Secretary of State division to any other governmental division, and any transfers of funds from other governmental divisions to any Secretary of State division, from the period Dec. 1, 2007 through Feb. 22, 2008.

I understand that there will be a reasonable cost per New Hampshire laws for this information. I agree to pay reasonable duplication fees up to $200. Please inform me if the cost will exceed this and provide an estimate and the basis for it.

As provided by the open records law, I will expect your response within five (5) business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely.

Thank you for your assistance.

Sincerely,

Bev Harris
Black Box Voting

Posted on Friday, February 22, 2008 - 3:47 pm

Update on another matter:

The New Hampshire Ballot Law Commission has agreed to hear a formal complaint concerning the New Hampshire Republican recount. I believe this will happen soon -- around March 10.