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This past weekend, in preparation for the audit of Cook County, I came across information that confirms Cook County elections are being not being conducted according to Illinois law.
Effective Immediately: I am filing the following complaint with the Illinois Attorney General’s Office, with the Cook County Board of Elections, with the Illinois State Board of Elections and with the Cook County State’s Attorney and the Court: As soon as I post this, I will be headed downtown to Cook County Court. I have no clue what will occur… But I will be in Chicago. The purpose is to protect the election tomorrow; to cause for Cook County to become complaint with Illinois election law. There is time for a few changes. Cook County Elections communicate with election judges during a 6:30am contact. SOME of these vulnerabilities can be corrected. I am sorry, this post is a bit rough in format, but timing is short…
CANDIDATES: Use the audit forms, you MAY have grounds for a re-vote.
Count 1: Cook County procedures instructs equipment managers to seal the ballot box the night before the elections. These ballot boxes are unlocked and unattended over night in the polling place. There is no procedure to confirm the seals have not been tampered with before or after closing the polls. There is no procedure to permit breaking of the ballot box seals to permit pollwatchers and judges on Election Day to examine and verify the ballot boxes as empty. No procedure in place directs Election Judges to view the ballot box collectively (or in front of a pollwatcher) before opening the polls in the morning. The night before the election, 3 seals numbers are recorded from 3 types of ballot boxes: write-in blue bag seal, regular ballot box, and the alternative ballot box. Two judges (1 per party) sign the “Record of Seals” form, indicating the seal numbers. This is done the night before voting and is not done in public as required.
The Records of Seals is not sealed, and is returned to the election authority in an unsealed zip lock bag along with all of the memory devices. The form is invalidated by a lack of secured custody.
10 ILCS 5/24-8) (from Ch. 46, par. 24-8) Sec. 24-8. Location of voting machines; time allowed for voting; pollwatchers. …. Pollwatchers as provided by law shall be permitted to carefully check the voting machine and its protective devices, and ballot labels and registering counters, before the polls may be declared open on election morning, and they shall be permitted to remain in the polling place at all times throughout the conduct of the election if desired, and after the close of the polls, to be present and check the protective devices and registering counters of each voting machine, and the official return sheets thereof. (Source: P.A. 89-653, eff. 8-14-96.)
Count 2: Ballot Boxes are not publically opened and exhibited as required by Illinois Law.
(10 ILCS 5/17-3) (from Ch. 46, par. 17-3) Sec. 17-3. (a) Before voting begins, the ballot box shall be publicly opened and exhibited, and the judges shall see that no ballot is in such box; after which the box shall be locked and the key delivered to one of the judges, and shall not be again opened until the close of the polls. This paragraph (a) applies whenever permanent type ballot boxes are used, and does not apply when non-permanent type ballot boxes are used in accordance with section 15-1, paragraph (b). (b) When non-permanent type ballot boxes are used in accordance with section 15-1, paragraph (b), prior to the commencement of voting and before any ballots are deposited therein, the judges shall examine each sealed ballot box, show it to those present and insure that it is in fact sealed and empty; the sealed slot shall be broken open before those present and the box inspected to insure that it is empty and such ballot box shall not be removed from public view from the time it is so inspected until after the close of the polls. The sealed opening on the side of the box shall not be unsealed or opened until after the close of the polls. (Source: P.A. 77-6.)
(see video (http://www.cookcountyclerk.com/newsroom/newsfromclerk/Pages/EquipmentManagerResources.asp x) and page 9 Equipment Manager Handbook) Count 3: Cook County provides unsealed packages with keys in them to the Equipment Manager when they complete training. This is referred to “Key Sleepovers” and is not compliant with Illinois law: Equipment Manager has unsupervised access to the keys. There is no seal on the envelope which has the key. The Voting Supply Carrier is not sealed. There is no secure chain of custody on the contents. The key is not specific to the precinct; it is a universal key with multiple uncontrolled copies. This breaks all security protocols and provides no ability to verify the integrity of the voting equipment.
The Opti-scan voting equipment is locked but not sealed. The memory pack can be moved without detection. It is left out, unsealed all night. The key locking the back is a universal key. A locked ballot scanner does not mean it was not tampered with. The Touch Screen is sealed, but seals are not verified to assure they are the same seals placed on at the warehouse, completely invalidating the seal as a security tool. (Illinois Code requires verification)
(10 ILCS 5/24-13) (from Ch. 46, par. 24-13) The machine shall then be locked so that it cannot be operated or voted upon without first unlocking it and the keys shall be at once returned to the custody of the election authority, and the election authority shall cause the machine so labeled in order, set and adjusted, to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, not later than one hour before the hour at which the polls are to be opened. The election authority shall deliver the keys, which unlock the voting mechanism and the registering counters or counter compartment of the voting machine, to the precinct election board, not earlier than noon on the Saturday preceding the election day, nor later than one hour before the opening of the polls, and shall receive and file a receipt therefor. The keys shall be enclosed in a sealed envelope on which shall be written or printed: (1) The name, number of or designation of the election precinct or district; (2) The number of the voting machine; (3) The number of the seal with which the machine is sealed; (4) The number registered on the protective counter or device as reported by the custodian. No precinct election official shall break the seal of such envelope except in the presence of all members of the precinct election board, and such envelope shall not be opened until it shall have been examined by each member of the precinct election board to see that it has not been previously opened. Such envelope shall not be opened until it shall have been found that the numbers and records recorded thereon are correct and agree in every respect with the numbers and records as shown on the machine. If any such number is found not to agree with the numbers on the machine, the envelope shall not be opened until the precinct election officials shall have notified the election authority, and until the election authority or some other person authorized by the election authority shall have presented himself at the polling place for the purpose of re-examining the machine, and shall have certified that it is properly arranged after testing and examining it. Count 4: There is no procedure to complete this and the VSC (Voter Supply Carrier) is not sealed, nor is the Ballot Scanner memory device. There is no part in the process where seal numbers are verified. (10 ILCS 5/24-13) (from Ch. 46, par. 24-13) ... that the machine is otherwise in perfect order and they shall compare and record the number on the metal seal with which the voting machine is sealed, with the number furnished them as recorded on the envelope containing the keys, by the election authority, and if the number on the seal and the number on the protective counter do not agree with the numbers supplied to them, they shall not open the polls,
Count 5: Keys are given only to equipment managers who pick them up after training. They are not sealed and there is no procedure to secure them until opened as prescribed in Illinois Law
(10 ILCS 5/24-17) (from Ch. 46, par. 24-17) Sec. 24-17. All of the keys of the machine or machines other than those automatically sealed in the machine, shall be placed in the envelopes provided for that purpose, and the envelopes shall be sealed and the envelopes shall designate the serial number of the voting machine to which such keys belong, and the number of the precinct and ward in which such voting machine was used at such election, and such keys shall be returned along with the written statements or returns of such election. (Source: Laws 1943, vol. 2, p. 1.)
Count 6: Cook County chooses the judges as the Equipment manager and preferred, a supply judge:
Sec. 24A-10.1.The precinct judges of election shall select a bi-partisan team of 2 judges,
Count 7: Voted ballots are not sealed in a filament such that they can be removed from the Blue canvas bag without disrupting the seal. The ballots are not sealed at all. The container is sealed
10 ILCS Sec. 24A-10.1….and (10 ILCS 5/24B-10.1)and (10 ILCS 5/24B-15.01) however, that such container must first be sealed by the election judges with filament tape provided for such purpose which shall be wrapped around the container lengthwise and crosswise, at least twice each way, in such manner that the ballots cannot be removed from such container without breaking the seal and filament tape and disturbing any signatures affixed by the election judges to the container.
Count 8: Election Judges do not sign or affix signatures to the ballots in the Blue Transport Bag
10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1) Sec. 24A-10.1.The precinct judges of election shall select a bi-partisan team of 2 judges, who shall immediately return the ballots in a sealed container, along with all other election materials as instructed by the election authority; provided, however, that such container must first be sealed by the election judges with filament tape provided for such purpose which shall be wrapped around the container lengthwise and crosswise, at least twice each way, in such manner that the ballots cannot be removed from such container without breaking the seal and filament tape and disturbing any signatures affixed by the election judges to the container.
Count: 9: ALL Ballots SHALL NOT BE ACCEPTED IF PROCEDURES ARE NOT FOLLOWED:
10 ILCS 5/24A-10.1) “Ballots returned to the office of the election authority are not signed and sealed as required by law shall not be accepted by the election authority until the judges returning the ballots make and sign the necessary corrections.” 10 ILCS 5/24A-10.1) (from Ch. 46, par. 24A-10.1) and Sec. 24B-10.1.
Count 10: Cook County fails to ensure the security and integrity of the system
Sec. 24B-13. Tabulating Votes; Direction; Presence of Public; Computer Operator's Log and Canvass. The procedure for tabulating the votes by the
automatic Precinct Tabulation Optical Scan Technology tabulating equipment shall be under the direction of the election authority and shall conform to the requirements of the automatic Precinct Tabulation Optical Scan Technology tabulating equipment. During any election-related activity using the automatic Precinct Tabulation Optical Scan Technology tabulating equipment, the election authority shall make a reasonable effort to dedicate the equipment to vote processing to ensure the security and integrity of the system
Count 11: Memory devices are returned to the processing center unsealed. A secure chain of
custody is not kept on the Ballot because the electronic memory storage devices are returned unsealed. This invalidates the election. (10 ILCS 5/24C-2) DRE’s Sec. 24C-2. Definitions. As used in this Article: Section: "Ballot" means an electronic audio or video display or any other medium, including paper, used to record a voter's choices for the candidates of their preference and for or against public questions. Count 12: Election Equipment is not sealed after the election as required by law and to preserve the integrity of the elections. (10 ILCS 5/24-15) (from Ch. 46, par. 24-15) Sec. 24-15. As soon as the polls are closed, the voting machine or machines shall be locked in order to prevent further voting and each machine shall be sealed against voting and tampering, with a numbered metal seal, and the number of such metal seal shall be recorded at once on the certificate provided for that purpose, and the number on the protective counter of each voting machine shall also be recorded on the certificate in the space provided for that purpose, and the number on the public counter shall be recorded in the space provided for that purpose.