FPS staff report
November 3, 2009
The Ohio Secretary of State’s office has sent a second request for information concerning uncounted election ballots.
The Carroll County Board of Elections received a letter last week from David M. Farrell, deputy assistant Secretary of State asking for an explanation to eleven additional questions regarding the 27 absentee ballots cast by in-person early voters which were not counted in the Feb. 3 unofficial nor in the official canvass.
Farrell noted that it appears, based on the results from the official canvass, that 27 votes would not change the outcome of any issue that appeared on the ballot.
The two issues voted on at the Feb. 3 special election included school tax levies in Brown Local School District and Minerva Local School District, both of which were rejected.
The board must provide a written explanation to the following questions no later than Nov. 20, according to Farrell’s letter.
The additional questions include the following:
1) Describe the circumstances concerning the use of the Touch Screen - Next Generation (TSX) unit at issue, any associate memory card (s), and any associated Voter Verified Paper Audit Trail (VVPAT) including the date (s) and place (s) of use of the unit, during the period of in-person early absentee voting.
2) Provide a chronological timeline of the events concerning the use of this TSX unit and any associated memory card (s) and VVPAT from the time of Logic and Accuracy (L&A) testing through the date of the official canvass, including copies of any associated chain of custody form (s).
3) Identify the persons who handled the TSX unit at issue and any associated memory card (s) including their use in the board office, and the persons who handled the uploading of the memory card (s) from precinct voting locations to the GEMS server on election night.
4) If persons other than board members or employees of the board of elections at the time of the special election that assisted with the tabulation process, identify them and their employer or contractor.
Also, provide any information related to any contracts with vendors for assistance with the special election, including any written agreements or documents reflecting payments to vendors related to elections support services.
5) Identify the persons who handled the TSX unit at issue and any associated memory card (s) and VVPAT in preparation for the official canvass, their use during the official canvass.
6) Explain how the number of signatures in poll books, memory card (s) and summary statements from VVPATs were reconciled with the election results during the official canvass. Indicate which of these items the board members were given a chance to examine prior to certification of the official results.
7) Identify any persons handling the TSX unit at issue, associated memory card (s) and associated VVPAT subsequent to the official canvass.
8) Describe where the TSX unit at issue and any associated memory card (s) and VVPAT were stored subsequent to the official canvass and under what conditions.
Farrell’s letter went on to say that in order to remedy the situation concerning the uncounted in-person early absentee ballots from the Feb. 3, 2009, special election, the Carroll County Board of Elections must take the following steps no later than Friday, Nov. 20:
1) Investigate potential options for getting the votes cast on each of the 27 in-person early absentee ballots. Report these potential options to the Secretary of State’s office so that the best option can be determined for having these votes tabulated.
2) Provide copies of any written communications the Board may have had with an Informational Technician (IT) vendor regarding potential options to resolve this issue.
3) Describe any board policies and/or procedures that will be adopted subsequent to this issue to ensure that it does not happen again in the future.
Farrell’s letter also stated the written explanation and steps to remedy the situation must include the signatures of all four board members, the director and the deputy director and must be submitted to the Secretary of State’s office no later than Nov. 20.
“Once the Secretary of State’s office receives your response, we will determine what course of action may be appropriate to get the vote tally for the 27 in-person early absentee ballots that were not counted,” Farrell stated.
The Carroll County Board of Elections said the 27 absentee ballots in question are secured in a box in the Board of Elections office.
Since Tuesday’s general elections required the attention of the board and office employees, response to Farrell’s letter was postponed until after the Nov. 3 general election. |
