Boulder County Clerk refuses some CORA requests, ignores others.

On July 17, 2008, Boulder County Clerk Hillary Hall responded to a Colorado Open Records Act request dated July 1, 2008 and augmented July 8th. The following summarizes our July 8th request and transcribes the clerk's response to the request.

We will visit the Clerk's office to examine the materials.

REQUEST: We wish to review the Scanned Ballot Image Files created during the 2008 Primary Election Logic and Accuracy Test.

ACTION: Please reply to the above questions, and please reconsider the County’s July 7th response to our request for scanned ballot image files.

CLERK’s RESPONSE: The Scanned Ballot Image Files are not available for you to view. The BallotNow System does not store the images in a non-proprietary way. The Boulder County Clerk & Recorder's office complies with Colorado law. The Boulder County Clerk and Recorder's office is in compliance with Election Rule 45.5.2.1.7.

REQUEST: We wish to review the Ballot Now Log Files created during the 2008 Primary Election Logic and Accuracy Test.

ACTION: Please provide a list of all system objects so that we can use the proper identifiers. Please respond to the attached resubmission for BallotNow log files.

CLERK’S RESPONSE: Please schedule a time to visit our office to review these documents, 303-413-7766.

REQUEST: We wish to review the Cast Vote Record Files (Ballot Now and eSlate/JBC) created during the 2008 Primary Election Logic and Accuracy Test.

ACTION: Please respond to our original request for eSlate/JBC Cast Vote Record files, and BallotNow Cast vote Record files.

CLERK’S RESPONSE: Please schedule a time to visit our office to review these documents, 303-413-7766.

REQUEST: We wish to review the TALLY Results Files created during the 2008 Primary Election Logic and Accuracy Test.

ACTION: Please confirm that the NEW SCORE voter database was not integrated into the system for the LAT. Please confirm that the County has performed no Acceptance Test which would have integrated all of the components of the elections system.

CLERK’S RESPONSE: We provided you with available data on July 3.

REQUEST: We wish to review the TALLY Log Files created during the 2008 Primary Election Logic and Accuracy Test.

ACTION: Please respond to the attached resubmission request for TALLY log files.

CLERK’S RESPONSE: We provided you with the complete TALLY Log Files on July 3.

REQUEST: We wish to review the (1) the detailed procedures and instructions that were used to plan, manage, and conduct the test, (2) any observations regarding the test, and (3) any test reports from the 2008 Primary Election Logic and Accuracy Test.

ACTION: The HART Central Scanner has known quality problems, and was only conditionally certified. One of the conditions for use is related to pre-scanning inspection.

CLERK’S RESPONSE: Please schedule a time to visit our office to review these documents, 303-413-7766.

During our inspection at the printer, we discovered one ballot printed on one side. We purposely included this ballot in the testing to ensure the system could properly handle the ballot.

REQUEST: In all of the responses to our requests for “files”, paper was produced. We requested “files” – computer files.

ACTION: Please respond to our request for files with computer files.

CLERK’S RESPONSE: No response.

REQUEST: Staff required test developers to write the correct test “answer” on each ballot. This “open book” approach to testing eliminates the possibility that the voter’s intent can be ambiguous, and is therefore not a realistic test.

ACTION: Conceal the “answers” from those operating the system by recording them on the test plan (expected results) document rather than on the actual ballot.

CLERK’S RESPONSE: No response.

REQUEST: Election Rule 45.11 requires that a new or modified voting system must undergo acceptance testing before it may be used to cast or count votes in any election. Since the LAT did not include use of the NEW SCORE data, the LAT was reliant on the results of an earlier acceptance test.

ACTION: If acceptance tests of the entire voting system were performed, we wish to review the test plans and the test results. If the acceptance tests were not performed, we wish to know how Boulder County’s election system will be brought into compliance with Rule 45.11 before it is used to cast or count votes for the Primary Election.

CLERK’S RESPONSE: The CORA request regarding acceptance testing: the voting equipment did not change. We are in full compliance with Rule 45.11.