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BBV letter to NH Diebold towns highlights state's irresponsibility with vote data

Dear Election Official,

Nov. 3, 2008

It has come to our attention that some New England towns have been planning to allow a private contractor, LHS Associates, to take custody of the memory cards immediately after the election. As you know, LHS programs the memory cards for almost all of New England. In addition, a New Hampshire official made the same statement during the 2008 primary election. This is a very serious matter.

It is outrageous that LHS is trying to collect its memory cards before the election is even canvassed or certified, not to mention before recount and contest periods have expired.
According to the Massachusetts Secretary of State, it is illegal for towns to let LHS Associates take custody of the memory cards before 30 days has elapsed. We have sent a general alert out to every member of our list in New England. Citizens will be monitoring this important issue. No election official should give the memory cards back to LHS before canvassing, certification, recount and contest periods have expired.

In addition, many teams of citizens will be videotaping voting machine results tapes at the polling place. If your jurisdiction uses voting machines, please make sure those tapes are properly and publicly posted, so that citizens can capture evidence of what's on the tape before that record leaves the polling place.

If citizens find that tapes have not been posted, they have been instructed to take video of the blank door or building and report the location that violates the checks and balances. Videotapes will be posted on Video the Vote and on YouTube.
Thank you for your diligence in these matters, and if you are using voting machines, please let your staff and your colleagues know about this.

Sincerely,


Bev Harris - Black Box Voting
330 SW 43rd St Suite K, PMB 547
Renton WA 98057
206-335-7747 - records@blackboxvoting.org - fax: 866-287-2934

P.S. By now we assume you are aware that a key member of the LHS management team, Kenneth Hajjar, is a convicted narcotics trafficker. We have posted his criminal record documents at BlackBoxVoting.org. This is an unacceptable situation. It puts you in an unacceptable situation as well. This will need to be resolved.
By admin at 11/03/2008 - 15:28 | Fair elections | Voting in NH | login or register to post comments

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NH bogus memory card data preservation

In a memo from the SOS to NH election officials, officials are advised to hang on to memory cards until after the recount period. The State, however, does not oversee this at all and in fact, when asked, state officials have no idea where memory cards are after elections.

The same memo reiterated Deputy AG Fitch's assertion that hanging on to a poll tape from a machine equates to preserving memory card data.

Preservation of Ballots, Memory Cards and Results Tape from Vote Counting Machine
The general election ballots, because they are also used for federal offices, are required by federal law to be preserved for twenty-two (22) months. 42 U.S.C. 1974.
Clerks shall not return the memory card to LHS until the recount period has passed and until all recounts have been completed and all appeal periods exhausted. The last date to request a recount following the November 4, 2008 election is November 7, 2008.
Clerks shall preserve the data on the memory card for a period of 22 months following a federal election. Preserving the machine results tape fulfills this requirement. 42 U.S.C. 1974.
By ntobi at Tue, 11/04/2008 - 9:00am | login or register to post comments