A SIMPLIFIED VERSION OF HOW THE LAW IS BEING BROKEN
From a Friend:
December 7, 2022
The SOS believes that the machine testing required in CRS§1-10.5-102(3)a is obsolete and not applicable due to the definition of Voting Devices. As Dwight Shellman has stated, "1-10.5-102(3), C.R.S. thus prescribes an equipment test for voting systems and components no longer used in this state, such as precinct optical scanners and direct recording electronic (DRE) touchscreen devices."
CRS 1-1-104(50) "Vote recorder" or "voting device" means any apparatus that the elector uses to record votes by marking a ballot card and that subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on an electronic tabulation device.
This is essentially a description of the DREs which have not been used in Colorado since 2017. But the Statute was amended in 2018 and in June of 2021, so the General Assemble had the opportunity twice to amend the language. This indicates the intent of the General Assembly is that the term “Voting Device” is a wider term than a single device like the DRE.
While the SOS has written rules contrary to 102(3)a due to the definition of Voting Devices describing obsolete equipment, the SOS is still using the term Voting Devices and applying it to our current equipment in her Rules.
In her sample Procedures Section 7 page 3 the SOS has a paraphrased paragraph where the language of the statute is merged with the Rules, which is a bit deceptive. In this paraphrased paragraph, the SOS is using the phrase Voting Devices as a wider term and applying it to our current equipment. It could be that the Election Rules themselves contain old language, even though that is the SOS’s job to update them, but the more recently written paraphrased instructions continues the use of Voting Devices.
Sample Procedures Section 7
1-10.5-102 (3) (a) and (b), C.R.S. and Rules 10.12.2, 10.13.1 The canvass board must, prior to any recount in which scanners will be used, randomly choose and test voting devices used in the original race. The canvass board must compare a manual count of the paper test ballots against the machine count of the randomly selected scanners or voting devices. If the results of the comparison are identical, or if any discrepancy can be attributed to voter or ballot marking error, the county must conduct the recount in the same manner as the original count.
CRS§1-10.5-102(3)(a) Prior to any recount, the canvass board shall choose at random and test voting devices used in the candidate race, ballot issue, or ballot question that is the subject of the recount. The board shall use the voting devices it has selected to conduct a comparison of the machine count of the ballots counted on each such voting device for the candidate race, ballot issue, or ballot question to the corresponding manual count of the voter-verified paper records.
• Prior to any recount….. A recount has not begun if the manual comparison has not been completed. “Prior to any recount”.
• If you can’t compare the Voter-Verified Paper Records to the Voting Devices then how can you compare the Paper Test ballots to the Voting Devices?
• Frisch may have asked for a rescan but the law says a complete recount must be performed.
More information about the lawsuit: https://coloradorecount.com/
Recording of Jim Wiley explaining the lawsuit and why it is necessary: https://twitter.com/i/spaces/1BdxYyDnkPDxX
December 6, 2022
Excerpt from Colorado Fight for Freedom's recomended letter to send to Colorado's Congressional District 3 County Clerks:
The Secretary’s Recount Order is in conflict with Colorado Law. I ask that you take your oath seriously and follow Colorado Law.
This can be done by adhering to CRS§1-10.5-102 along with the guidance set by the Secretary. A manual comparison of the voter verified paper ballots with at least one of the tabulator results is required as the first step in a legal recount. Once the accuracy of the selected tabulator is deemed accurate following the comparison, should the rest of the secretary's procedures be conducted. You will not be disobeying the Secretary’s Order by omitting an action, you will be following the law by performing the comparison in addition to the Secretary’s Order and Guidance which have omitted this vital procedure. You will be in compliance with the law should any legal actions be filed. You will be honoring your duty by performing a transparent recount to alleviate any concerns the people of Colorado may have.
- See entire sample letter at www.cofightforfreedom.com/2022-election-recounts.html -
Colorado Supreme Court suit filed December 6, 2022
CLICK HERE to download .pdf document.
CD3 Recount and other important election integrity articles: