Re: A generic best practice document for NewMexicolegislators

From: Charlie Strauss <cems_at_earthlink_dot_net>
Date: Wed Dec 29 2004 - 09:20:39 CST

Yes! exactly the point Doug. I think there is a real knee jerk
sympathy for paper. But one eventually has to write laws specify how
ballots are counted and disputed. You either encode this very
specifically into state law, or leave procedures and decisions to local
jurisdictions--the county clerk or canvassing board, or you can specify
a third entity like a judge. If you want to specify that the paper
holds sway up to a point what should that point be and who determines
it? If you dont want to specify either what should happen. It seems
like some error between the paper and electronic ballot should be
tolerable, since even with OVC its possible the ballot reconciliation
procedure will find some paper ballots missing not accounted for with
the list of spoiled ballots. But how much and when does this trip a
recount paid for by the state as oppose to a challenge paid for by the
challenger. That's the advice I seek since I'm actually trying to
make reccomendations to law makers.

On Dec 29, 2004, at 8:01 AM, Douglas W. Jones wrote:

> On Dec 28, 2004, at 6:40 PM, Robert Rapplean wrote:
>> There is a clear way to resolve this. State that paper ballots hold
>> superior sway over electronic ones, such that a displute will be
>> resolved by the count of paper ballots - unless it can be demostrated
>> that the paper ballots have in some way been tampered with. That
>> covers all situations that you've described.
> What demonstration is sufficient. Historians agree that corruption has
> been present in many past elections where no legal proof of fraud was
> found -- as evidenced by the rarity of conviction for election fraud.
> So, would you demand physical evidence of tampering? Would you require
> that witnesses come forward? Would you accept electronic evidence?
> The answers to these questions determine how hard it will be for the
> crook
> to get his substitute paper ballots accepted. Other than performing a
> successful substitution of the paper ballots, what else does the crook
> need to do?
> Doug Jones
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Received on Fri Dec 31 23:17:21 2004

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