lucas county board of elections

July 7, 2005 LUCAS COUNTY John A. Borell, Sr. Assistant Lucas County Prosecuting Attorney Supervisor, Civil Division 700 Adams Street Suite 250 Toledo, OH 43624 Phone: 419-213-2001 Fax: 419-213-2011 Dear Mr. Borrell: This is a formal request for public records as provided by the Ohio Public Records Act. I request all documents in electronic form where available first and then printed copies secondarily. I would also like to be provided a time in which I can come by and inspect these documents in addition to wanting estimated costs for copies. I am requesting the following items under our rights pursuant to Ohio Election Codes: ITEM Summary Of Election Results 1. SOVC Report (by Precinct all races) 2. Statement of Cards Cast Report (for all races and absentee) Diebold CD Holding Ballot Data Ohio Code Citation Title XXXV Chapter § 3506 DESCRIPTION Copy of SOVC (Statement of Votes Cast Report), and copy of Statement of Cards Cast for all races and Absentee: #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in Title XXXV Chapter § 3505.31 Absentee Ballots & Provisional Ballots Absentee (Appendix A) Provisional (Appendix B) / DRE Recap (Appendix C) Sheets 3509.06. Counting of Ballots. 3509.06. Counting of Ballots. Copy of Diebold CD. This is a CD that holds all the DRE Machines PCMCIA cards uploaded for all precincts and also represents the ballots. We need all the software files from each PCMCIA card uploaded, not just the Microsoft Database files as the other files hold ballot definition and screen layout information that is necessary to reading the ballot files. Copies of all Absentee and Provisional Ballots. All Ballot Recap Sheets for all three things. See example in Appendix A, B & C: ABSENTEE PROVISIONAL DRE Will accept this in Paper Form. All DRE Tapes (see example in Appendix D/E) Copy of all DRE Tapes (both election summary and accumulation total) when county uses DRE machines for voting. #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in Any audit log showing all transactions within DRE DRE Tapes 1. Election Summary (Appendix D) 2. Accumulation Total (Appendix E) DRE Machine Audit Title XXXV Chapter § 3506 Title XXXV Chapter § Logs 3506 Ballots Title XXXV Chapter § 3505.31 Poll Worker Oaths Title XXXV Chapter § 3506 County Board of Elections Information Ohio Public Records Act machine including all communication activity logs to/from DRE machine on election day. #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in Copies of all voter ballots in electronic form. For DRE machine counties this will be a CD that contains the actual ballot data as well as all ballot definition files and other necessary elements to determine Ballot Database data. #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in All copies of signed pollworker oaths. #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in All copies of County Board of Election Meeting Minutes for 2004 and 2005. Listing of dates and times of these meetings and all documentation for how these meetings were publicized. All county reports related to Diebold. This includes but not limited to all Diebold reports of machine failures, BugReports, Logs of Calls to Diebold Technicians, Software Upgrade Documentation, Contracts, Software Certification Updates, Diebold vs. Other Vendors Product/Price comparison analysis, RFP bidding Documents, etc. Listing of all DRE Machine technician names #1 Preference Electronic Form, if not then #2 Paper Form, if not then #3 Other Possible Form it exists in All county Emails between for 2004 and 2005 for following items: 1. With Subject, To or From or message body having the word Diebold in it. 2. With Subject, To or From or message body having Noe in it. 3. With Subject, To or From or message body having Gallina in it. 4. With Subject, To or From or message body having Blackwell in it. 5. With Subject, To or From or message body having Thurber in it. 6. With Subject, To or From or message body having Bernadette in it. 7. With Subject, To or From or message body having Tom in it. 9. With Subject, To or From or message body having Sam in it. 9. With Subject, To or From or message body having Election in it. Diebold Reports Ohio Public Records Act DRE Machine Technician Names Title XXXV Chapter § 3506 Emails Title XXXV Chapter § 3506 10. With Subject, To or From or message body having Pat in it. 11. With Subject, To or From or message body having the word Contract in it. 12. With Subject, To or From or message body having the word Finance in it. 12. With Subject, To or From or message body having the word Service in it. 13. With Subject, To or From or message body having the word Technician in it. 14. With Subject, To or From or message body having the word Rove in it. 15. With Subject, To or From or message body having the word Karl in it. 16. With Subject, To or From or message body having the word Kidd in it. 17. With Subject, To or From or message body having the word Blackwell in it. 18. With Subject, To or From or message body having the word Bush in it. 19. With Subject, To or From or message body having the word Urosevich in it. All Emails with To, From, Subject or Message Body between for 2004 and 2005 for following 2 word strings. (Where emails are from personal computers, and such computers are in custody of Lucas county, please provide emails as found on personal computers). Bernadette Noe Tom Noe Joe Kidd George Bush Sam Thurber Bob Urosevich Tom Noe Karl Rove Kenneth Blackwell #1 Preference Electronic Form, (you can forward to Phyllis@mostone.com) #2 Paper Form, if not then #3 Other Possible Form it exists in All County Telephone Logs (bills) for 2004 and 2005 All County Payables (all outgoing payments) for 2004 and 2005 Telephone Logs Financials Title XXXV Chapter § 3506 Title XXXV Chapter § 3506 As you know, the Ohio Public Records Act states there are two primary obligations upon public offices: 1) provide prompt inspection of public records and 2) provide copies of public records within a reasonable period of time. These obligations, in turn, provide the public with two primary rights: 1) the right to prompt inspection of public records and 2) the right to copies within a reasonable period of time. With respect to copies, if requested, the copies must be made available by ordinary U.S. mail. Additionally, copies must be made available on paper, on the same medium which it is kept, or any other medium specified, so long as is available as an integral part of the public office’s normal business operations. Taken from “An Ohio Sunshine Laws Update” What is a “Public Record?” – Frequently Asked Questions: May items such as photographs, videos, maps, e-mails, and computer files constitute “records?” Yes, depending on whether the definition of a “record” discussed earlier has been satisfied. The media upon which the item is kept is insignificant. A public office has discretion to determine the form in which it will keep its records.1 But a record does not have to be paper, any item, regardless of its physical form, is a record if it has the characteristics described previously.2 Any material that a public office does rely upon in carrying out its duties may be a “record.”3 "Ohio Rev. Code Sec. 149.43 requires that public records be provided "at cost." The Ohio Supreme Court has held that this means the actual cost in making the copies, which would include costs for toner and paper, but not employees or labor. State ex rel. The Warren Newspapers v. Hutson (1994), 70 Ohio St.3d 626." In order to make such a fee request, however, your agency must first notify me of the estimated cost of the copying, search, retrieval and other authorized fees before they are incurred. Also, states records maintained by computer shall be made available where practicable by electronic means. If my request is denied in whole or in part, I ask that your agency justify all deletions by reference to specific exemptions of the Ohio Public Records Act. I will also expect you to release all segregable portions of otherwise exempt material. Thank you for your assistance. Should your have any questions, please do not hesitate to contact me via phone 770-432-0199. For electronic data, send either by email to Phyllis@mostone.com (preferred) or put on CD and send thru regular mail. Also you may communicate paper records by fax at 404.795.1013 (Preferred or via regular mail to address below). Please contact me with a time our citizens can inspect the records as well as include an estimated cost for all items. Regular Mail Address: 1408 Lakes Dr. Atlanta, GA 30339 Sincerely, Phyllis A. Huster Executive Director, Count Paper Ballots 770.432.0199 1 2 State ex rel. Recodat Co. v. Buchanan (1989), 46 Ohio St. 3d 163, 546 N.E.2d 203. Ohio Rev. Code Ann. § 149.011(G). 3 State ex rel. Mazzaro v. Ferguson (1990), 49 Ohio St. 3d 37, 550 N.E.2d 464; State ex rel. Beacon Journal Publ. Co. v. Whitmore (1998), 83 Ohio St. 3d 61, 1998-Ohio-180, 697 N.E.2d 640. PHYLLIS A. HUSTER FACSIMILE TRANSMITTA L SHEET TO: John Borrell COMPANY: Lucas County Elections FAX NUMBER: 419-213-2011 FROM: Phyllis A. Huster DATE: 3/16/2009 TOTAL NO. OF PAGES INCLUDING COVER: 8 SENDER’S REFERENCE NUMBER: YOUR REFERENCE NUMBER: PHONE NUMBER: 419-213-2001 RE: Open Records Request, Letter #1  URGENT  FOR REVIEW  PLEASE COMMENT PLEASE REPLY  PLEASE RECYCLE NOTES/COMMENTS: Dear Mr. Borrell: Please read and respond to the following Open Records Request within 3 days of request With a time we are able to come in and inspect. Also provide estimated cost for copies. For electronic data, send either by email to Phyllis@mostone.com (preferred) or put on CD and send thru regular mail. Sincerely, Phyllis A. Huster 770.432.0199 office 404.795.1013 fax Phyllis@mostone.com email 1408 LAKES DR. * ATLANTA, GA 30339 * 770.432.0199 * 404.795.1013(FAX) * PHYLLIS@MOSTONE.COM