Re: A generic best practice document for NewMexicolegislators

From: charlie strauss <cems_at_earthlink_dot_net>
Date: Tue Dec 28 2004 - 14:36:34 CST

Paper or plastic?

Doug jones has reccomended that neither paper nor electroninc voteshave primacy in an dispute. Iinstead he reccomends that someone decides which is most likely to reconstruct the correct record as best as possible. I agree though it does not simplify the process.

I'm now getting flack for promoting this idea. Many people want the paper to be the sole deciding factor in a dispute. In which case why count the electroinc ones I ask. Well they still want them comapred, but the paper wins in a dispute. While this of course would give comfort in nearly all elections, since the paper and electroinc reocrds will closely match, it doesn't give much comfort in a dispute, and seems like it would leads to the electronic records being ignored.

So i'd like to hear form both sides on the issue about why you think your position is so obvious. For example I woul dbet that Teresa Hommel will argue that paper is so much more transparent than either electronic ballots or some muky resoulution proces that this has to take precedence. Is this the reason? Or maybe the reason is that perhaps there are disputes that no amount of investigation would resolve?

Now there is another complicaiton if you dont pre-designate paper as the winner. And that is who gets to resolve any dispute?. Surely it cant be an election official since they are partisan, have their own agenda regarding election efficiency, and there is no adversarial process or transparency to their decision?

It seems like it should be a sitting judge, not up for election. That all political parties could file amicus positions. and the judge could consult experts including election officials. But in the US, traditionally judges are not investigator so should there be some sort of prosecutor to conduct the inquiry.

Should their be a board and how should this board be formed. what about timing and delays.

finally how big a discrepancy should trigger the inquiry?

Doug, do you have the answer?
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Received on Fri Dec 31 23:17:20 2004

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