This is a formal complaint against the HART InterCivic electronic vote-tabulating equipment and the HART InterCivic election administration equipment.
- The equipment appears to not be certified, CRS 1-5-601.5, CRS 1-5-614, CRS 1-5-615, and see attachments.
- The equipment relies on ballot serial numbers that violate protections given by the Colorado Constitution, Article VII, Section 8, CRS 1-5-407(7), and CRS 1-5-615(1)(a).
- The equipment fails to count votes correctly, CRS 1-5-615(1)(l).
- The equipment fails to legally treat defective and incomplete marks, CRS 1-7-508(2).
- The equipment contains software which enables it to use different rules for tabulating votes during the Logic & Accuracy Test from the rules used to tabulate votes during the election.
- The equipment fails to save and produce the records necessary to audit the system, CRS 1-5-615(1)(p).
- The equipment fails to provide a secure and verifiable means to reconcile the quantity of ballots produced for the election by the ballot processing method used by the voting system, CRS 1-5-407(1.6).
- Although we have not seen your records, we are concerned that software failures were not reported to the Secretary of State, 1-5-621(2).
In an effort to expedite a resolution of these matters, I briefly discussed the issue with Drew Durham and he recommended that I submit a formal complaint. We understand that you will investigate this complaint, CRS 1-5-621. Because this complaint is of highly technical matters, and because Secretary of State’s personnel are involved in some of the problems, we recommend appointment of a mutually agreeable third party to conduct the investigation. We are prepared to discuss details in a fair and open investigation.
Because of the nature of the problems identified above, we ask that you, as Secretary of State, immediately order Boulder County to not use ballots containing non-removable serial numbers, and to not use the HART InterCivic equipment for vote-tabulation or election administration.
Elections Representative, Boulder County Republican Party
Eligible Elector, Boulder County, Colorado
Executive Director, CAMBER
David Leeds, Chair, Boulder County Republican Party
Bill Eckert, Vice chair, Boulder County Republican Party
Robert J. Corry, Jr., Esq., Law firm of Corry and Fellows, LLP
Drew Durham, Colorado HAVA Director
1. Follow up communications, September 10, 2004
2. Follow up communications, September 7, 2004
3. Follow up communications, September 3, 2004
4. Follow up communications, August 31, 2004
5. REQUEST procedures to consider revocation of certification, Kolwicz to Davidson, August 27, 004
6. REQUEST procedures to consider revocation of certification, Kolwicz to Davidson, August 26, 004
7. Potential certification problem with HART InterCivic in Colorado, Kolwicz to Davidson, August 10, 2004
8. Certification Notice, Kolwicz to Davidson, August 10, 2004
9. HART Certification Analysis, Kolwicz to Davidson, August 10, 2004