HomeMy WebLinkAbout20061465 CORRESPONDENCE RESPONSE
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* * * PLEASE RESPOND WITHIN THREE DAYS.* * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION:
Narrative:
*Per conversation between Steve Moreno, Weld County Clerk & Recorder, and
Bruce Barker, Weld County Attorney, it is advised that we do not respond
to this letter.
BOARD ACTION: (Initial by Approval) /MG RM BJ DL GV
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Department Head Signature
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III WheelerTriggKennedy LLP
Paul F. Hultin
(303)244-1840
Hultin@wtklaw.com
April 25, 2006
David Long
Glenn Vaad
Rob Masden
William Jerke
Mike Geile
Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80632
Dear Commissioners:
Everyone wants fair, honest, and open elections. I am writing this letter to you on behalf
of a group of concerned Colorado voters who have serious questions about the security,
reliability, and integrity of electronic voting in Colorado. We are contacting you now in
response to reports that the officials in Weld County are considering the purchase of a Diebold
electronic voting system for use in upcoming elections. As you are aware, every electronic
voting system purchased must be lawfully certified by the Colorado Secretary of State and must
comply with applicable requirements of state and federal law, including the Help America Vote
Act of 2002, applicable federal regulations, the Colorado Constitution, Colorado Revised
Statutes, and rules promulgated by the Secretary of State.
We are investigating wide-spread evidence of unacceptable flaws and deficiencies in the
Diebold electronic voting system. Our clients are deeply concerned that the Diebold electronic
voting system may be insecure and unreliable and fails to provide capacity for a lawful audit or
recount. Furthermore, our clients are concerned that the Diebold electronic voting system may
not provide the access required by law for voters with disabilities. Our clients are concerned that
purchase and utilization of the Diebold electronic voting system by Weld County would cause
electoral chaos and deprive the voters of Weld County of their right to have their votes honestly
and accurately recorded in a private and secure system and then honestly reported and counted in
a fair election, as required by the Colorado Constitution and federal and state statutes and
regulations.
Our initial investigation indicates that there are good bases for our clients' concerns. We
are continuing our investigation and may file a lawsuit challenging the certification of the
Diebold electronic voting system by the Secretary of State and seeking an injunction to prevent
the purchase and use of the Diebold electronic voting system. In light of reports that Weld
County is planning to commit public funds for the purchase of the Diebold electronic voting
system, we urge you to defer your purchase of the Diebold electronic voting system until the
serious issues about the Diebold electronic voting system have been resolved.
18W California Street I Suite 3600 I Denver,Colorado 80202-2617 1 (303)244-1800 I Fax:(303) 244-1879 I www.wtklaw.com
Weld County Commissioners
April 25, 2006
Page 2
I am sure that you, as county representatives, would not wish to spend public funds on a
voting system that does not record votes reliably or verifiably and does not comply with the
Constitution and laws of the United States and Colorado.
Very truly yours,
PaikoPaul F. Hultin
PFH:sh
cc: Steve Moreno
Bruce Barker, Esq.
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