Request for Investigation & Recount
THIS IS AN EXACT COPY OF COMPLAINT FILED BY CANDIDATE FOR 1ST DISTRICT SUPERVISOR
AND BARSTOW ATTORNEY:
Robert D. Conaway
Post Office Box 865
Barstow, CA 92312-0865
June 4, 2008
Ms. Debra Bowen
Secretary of State
1500 11th Street
Sacramento, CA 95814 fax (916) 653-3214
Re: Request for Investigation & Recount - San Bernardino County Registrar of Voters
Dear Secretary Bowen:
On election night this June, I was observing the counting machines on the paper ballots (or at least trying to).
With the recent remodel of the San Bernardino County Voter Registrar, the view window immediately opposite from the voting machines was moved to a 90 degree angle from the public observation area. Rolling stacking trays were put in front of the closest voting machines (making observation of the first 4 machines impossible), viewing machines numbered 5-6 possible, and the balance of the machines, impossible.
The paper ballots were not put into the machines until approximately 11:00 am. At about 11:20 am, machine No. 6 (which took me thirty minutes to get the number of) was jambing, feeding in clumps (e.g. three or four out of a stack of 50 ballots came out, a 5-10 second pause, and then a group of ballots spurted out, jambed & forcing the machine to be cleared and refed or they came out overlapping each other two at a time). The jambing was being observed by a number of observers (Mike Curran and John Putko). I believe there were undercounts as a result of the machine malfunction and the unwillingness of the registrar's staff to intervene. Machine number 5 appeared to be operating correctly with none of the overlapping ballots coming (when I say overlapping, one ballot was an inch behind the lead ballot and both were coming out at the same time)
I complained to James Hakala through a sheriff observer left in the room.
Hakala in an elevated tone of voice and confrontive tone said what I was describing coming out of machine No. 6 was not possible, despite visual observation of same. Despite the low turn out, and the availability of other machines, machine No. 6 was not taken off line.
What makes this even more remarkable, is that knowing the ballot count process was being questioned, the ballots that had been fed on machine No. 6 with the problems, were not separately stacked or segregated, but were returned to bins with the ballots from the other machines and no other record was made of the precincts that were fed through that machine, making an isolated recount of the output of that machine impossible (a nice way to frustrate a subsequent investigation).
Letter to Secretary of State Deborah Bowen - Page 2 of 2
Undercounting might be suggested by looking at a number of odd number outcomes. In the race my wife was in, in the piece of the 25th Congressional District that is in San Bernardino County she had 3,598 votes as of 1:00 am on June 4, 2008– in an area that
was roughly three time larger, I received a grand total of 2,173 in a non-partisan race. While I note the numbers, I am not suggesting the outcome on those limited facts would change the outcome for me–for another candidate, perhaps (e.g. Rita Vogler). I mention them as evidence of potential undercounts occasioned by a malfunctioning machine and the registrar's refusal to take the machine off line.
In the 41st Congressional District, the final vote margins between three top democratic candidates was roughly 1,500. A machine undercounting ballots could have made the difference.
In addition in prior elections, as the registrar knows, the registrar reported false counts–that might also explain the undercounts.
I think this registrar's office needs to be (1) investigated for the alleged continued use of an obviously malfunctioning machine and counseled as to appropriate mitigation and evidence preservation steps in the event of a future repeating circumstance, (2) that the tabulation software needs to be checked again and the ballots re-run to make sure the vote drop off is not machine read-related, (3) that the voting area observation window should be moved so that all machines can be monitored for future elections and (4) the Secretary of State should put their own monitor in place for the upcoming November election.
Respectfully submitted,
BOB CONAWAY
cc: Kari Virjil
San Bernardino County Registrar of Voters
777 East Rialto Avenue
San Bernardino, CA 92415-0770
Fax (909) 387-2022



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