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Request for 2020 Primary Election Ballot Images to CA Counties

Citizens Oversight (2020-03-18) Ray Lutz

This Page: https://copswiki.org/Common/M1943
Media Link: https://copswiki.org/w/pub/Common/M1943/CA_LosAngeles.pdf
More Info: Election Audits

Summary

On March 21, we sent out a Public Records Request (PRR) by email and followed up with hardcopy certified letter to the top 24 counties in the state of Californa. The PRR was for ballot images from the recent March 3 election. The top 24 counties comprise about 92% of the electorate in the state.

A few days after receiving our PRR, the Secretary of State (SOS) Alex Padilla issued a Memo to county clerks and registrars of voters (CCROV) #20070. This memo attempted a somewhat disgusting sleight of hand, by first equating ballot images with cast vote records, and then claiming that the newly defined "SOS Regulations" for risk limiting audits provision 20119(b) properly restricts cast vote records, and in turn, ballot images. In reality, the law refered to by regulation 20119 actually is regarding voter registration cards and information. Such information is not in cast vote records nor is it on ballot images. In summary:
  1. the SOS attempts to equate ballot images with cast vote records
  2. the recent SOS regulations on Risk Limiting audits attempted to restrict cast vote records as if they are voter registration cards.
  3. and therefore, ballot images cannot be released either because they are cast vote records and also voter registration cards.
This is a pathetic attempt to obfuscate our elections and is not based in law.

Here is the SOS letter to all counties.

And here is our followup letter.

This is our investigation into how the SOS conjured up the notice of 3/26/2020

Status

The PRR was sent to the following counties. We requested that they reply by email. Most did, but Alameda, Orange, Placer, Sacramento and San Diego did not immediately respond by email. Generally, the initial responses were simply to confirm that they had received it and would be taking more time. We generally responded that we understood the delay and to stay safe in this time of COVID19 pandemic.

Of interest are the responses by Contra Costa County (referred to SOS memo), Solano County, who claims that ballot images are the same as ballots, and San Francisco, who provided all the data in their initial reply. We love you SF! Good work!!

County Status Files
Alameda    
Contra Costa Received response with SOS memo attached. responded with email and COPS response to SOS memo. Contra Costa -- Initial Response
Fresno received initial delay letter, confirmed it. Fresno -- Initial Response
Humboldt Sent request on April 2. Initial Response received  
Kern received initial delay letter, confirmed it. Kern -- Initial Response
Los Angeles Received response and sent email back with COPS response to SOS memo. LA -- Initial Response
Marin received initial delay letter, confirmed it. Marin -- Initial Response
Marin -- initial response also received as hardcopy (scanned)
Monterey received initial delay letter, confirmed it. Monterey -- Initial Response
Monterey PRR Response 2020-05-05
Orange received initial delay letter as hardcopy, then received full response denying request because ballot images are "sealed" Orange -- Initial Response
Orange County -- Full response denying request
Placer received initial delay as hardcopy letter Placer -- initial response (scanned)
Riverside received initial delay letter, confirmed it. Riverside -- Initial Response
Riverside second response (scanned)
Sacramento    
San Bernardino Responded with link to their PRR web page, cited SOS Memo. Sent reply Memo by email San Bernardino -- Initial response
San Diego    
San Francisco DONE. Ballot images and cvrs provided on their website. SF -- Response.txt
San Joaquin received initial delay letter, confirmed it. San Joaquin -- Initial Response
San Luis Obispo received initial delay letter, confirmed it. San Luis Obispo -- Initial Response
San Mateo Sent response promising reply by April 13, confirmed it. San Mateo -- Initial Response
Santa Barbara received initial delay letter, confirmed it. Santa Barbara -- Initial Response
Santa Clara received initial delay letter, confirmed it. Santa Clara -- Initial Response
Santa Cruz received initial delay letter, confirmed it. Santa Cruz -- Initial Response
Solano Response asserts that ballot images are the same as ballots per our lawsuit. Responded in short email but need a more formal response. Solano -- Initial response including assertion that Ballot Images are ballots.
Sonoma received initial dealy letter, confirmed it. Sonoma -- Initial Response
Stanislaus received initial delay letter, confirmed it. Stanislaus -- Initial Response
Ventura received initial delay letter, confirmed it. Ventura - Initial Response

Media Form edit

Title Request for 2020 Primary Election Ballot Images to CA Counties
Publisher Citizens Oversight
Author Ray Lutz
Pub Date 2020-03-18
Media Link https://copswiki.org/w/pub/Common/M1943/CA_LosAngeles.pdf
Remote Link
Embed HTML
Forum Link
Note
Keywords Election Audits
Related Keywords Audit Engine, Election Integrity
Media Type Article, PDF
Media Group News, Legal Doc, CPRA
Curator Rating Plain
Venue
Book ISBN
Author Name Sortable
Thumbnail Link
I Attachment Action Size Date Who Comment
2020-03-26 SOS Opinion that counties need not provide ballot images 20070jl.pdfpdf 2020-03-26 SOS Opinion that counties need not provide ballot images 20070jl.pdf manage 179 K 28 Mar 2020 - 03:24 Raymond Lutz  
2020-04-01 Response to CA SOS CCROV 20070.pdfpdf 2020-04-01 Response to CA SOS CCROV 20070.pdf manage 207 K 03 Apr 2020 - 16:24 Raymond Lutz Response to SOS Memo on Ballot Images, sent to all CA ROVs on 2020-04-01
2020-04-22 PRR to SOS regarding CCROV-20070.pdfpdf 2020-04-22 PRR to SOS regarding CCROV-20070.pdf manage 122 K 27 May 2020 - 22:00 Raymond Lutz PRR regarding SOS ROV notice regarding ballot images.
2020-07-07 COPS emails with CA SOS re CCROV 20070.odtodt 2020-07-07 COPS emails with CA SOS re CCROV 20070.odt manage 68 K 07 Jul 2020 - 21:59 Raymond Lutz  
CA_LosAngeles.pdfpdf CA_LosAngeles.pdf manage 255 K 27 Mar 2020 - 23:26 Raymond Lutz Typical letter sent out by email and certified mail
Contra Costa -- PRA Resp Lutz.pdfpdf Contra Costa -- PRA Resp Lutz.pdf manage 231 K 06 Apr 2020 - 18:59 Raymond Lutz Initial Response by Contra Costa County
Fresno -- FW  Public Records Request -- Ballot Images of 2020 Primary Election.txttxt Fresno -- FW Public Records Request -- Ballot Images of 2020 Primary Election.txt manage 2 K 06 Apr 2020 - 19:22 Raymond Lutz Initial Response by Fresno County
Kern -- Re  Public Records Request -- Ballot Images of 2020 Primary Election.txttxt Kern -- Re Public Records Request -- Ballot Images of 2020 Primary Election.txt manage 2 K 06 Apr 2020 - 19:23 Raymond Lutz Initial Response by Kern County
LA Public Records Act Response  - Ray Lutz.pdfpdf LA Public Records Act Response - Ray Lutz.pdf manage 175 K 06 Apr 2020 - 19:00 Raymond Lutz Initial Response by Los Angeles County
Marin 4 2 20 Elects.pdfpdf Marin 4 2 20 Elects.pdf manage 156 K 06 Apr 2020 - 19:00 Raymond Lutz Initial Response by Marin County
Marin_initial_PRR_response_(scanned)04102020.pdfpdf Marin_initial_PRR_response_(scanned)04102020.pdf manage 216 K 10 Apr 2020 - 23:59 Raymond Lutz Marin -- Initial response received in hardcopy
Monterey -- Ray Lutz Response- Extension.pdfpdf Monterey -- Ray Lutz Response- Extension.pdf manage 237 K 06 Apr 2020 - 19:24 Raymond Lutz Initial response by Monterey County
Monterey_PRR_response_2020-05-0506292020.pdfpdf Monterey_PRR_response_2020-05-0506292020.pdf manage 410 K 29 Jun 2020 - 23:35 Raymond Lutz Monterey PRR Response 2020-05-05
Orange County -- Response to COPS PRA 3-22-20.pdfpdf Orange County -- Response to COPS PRA 3-22-20.pdf manage 139 K 10 Apr 2020 - 23:58 Raymond Lutz More extensive PRR response claiming that ballot images are sealed.
Orange_initial_PRR_response_(scanned)04102020.pdfpdf Orange_initial_PRR_response_(scanned)04102020.pdf manage 75 K 10 Apr 2020 - 23:57 Raymond Lutz Orange -- Initial PRR response received in hardcopy
Placer_initial_PRR_response_(scanned)04102020.pdfpdf Placer_initial_PRR_response_(scanned)04102020.pdf manage 119 K 10 Apr 2020 - 23:58 Raymond Lutz Placer -- Initial PRR response
Riverside -- CPRA Extension Response_4.1.20.pdfpdf Riverside -- CPRA Extension Response_4.1.20.pdf manage 138 K 06 Apr 2020 - 19:01 Raymond Lutz Initial Response by Riverside County
Riverside_PRR_2nd_response_2020-04-1506292020.pdfpdf Riverside_PRR_2nd_response_2020-04-1506292020.pdf manage 270 K 29 Jun 2020 - 23:17 Raymond Lutz Riverside second response
SF -- Re  Public Records Request -- Ballot Images of 2020 Primary Election.txttxt SF -- Re Public Records Request -- Ballot Images of 2020 Primary Election.txt manage 1 K 06 Apr 2020 - 19:50 Raymond Lutz Response provided all data requested. COMPLETE
San Bernardino Response_10-day-COPs_2020-04-01.pdfpdf San Bernardino Response_10-day-COPs_2020-04-01.pdf manage 482 K 06 Apr 2020 - 19:01 Raymond Lutz Initial Response by San Bernardino County
San Joaquin -- 10 day letter Jan 2020.pdfpdf San Joaquin -- 10 day letter Jan 2020.pdf manage 198 K 06 Apr 2020 - 19:25 Raymond Lutz Initial Response by San Joaquin County
San Luis Obispo -- 3357mpltr.pdfpdf San Luis Obispo -- 3357mpltr.pdf manage 133 K 06 Apr 2020 - 19:26 Raymond Lutz Initial Response by San Luis Obispo County
San Mateo Re  Public Records Request.txttxt San Mateo Re Public Records Request.txt manage 1 K 06 Apr 2020 - 19:56 Raymond Lutz San Mateo County Initial Response by email
Santa Barbara -- PRA Response_Extension_April.1.2020.pdfpdf Santa Barbara -- PRA Response_Extension_April.1.2020.pdf manage 66 K 06 Apr 2020 - 19:27 Raymond Lutz Initial Response from Santa Barbara
Santa Clara -- CPRA - COPs-Lutz-.pdfpdf Santa Clara -- CPRA - COPs-Lutz-.pdf manage 255 K 06 Apr 2020 - 19:59 Raymond Lutz Santa Clara Initial Response
Santa Cruz -- Lutz.14dayletter.April.2.2020.pdfpdf Santa Cruz -- Lutz.14dayletter.April.2.2020.pdf manage 163 K 06 Apr 2020 - 19:02 Raymond Lutz Initial Response by Santa Cruz
Solano -- ltr.PRA Response.Citzens Oversight.04.02.20.dmw-1.pdfpdf Solano -- ltr.PRA Response.Citzens Oversight.04.02.20.dmw-1.pdf manage 1 MB 06 Apr 2020 - 19:28 Raymond Lutz Initial Response from Solano County including assertion that Ballot Images are ballots.
Sonoma County Response to COPS PRA 4-1-20.pdfpdf Sonoma County Response to COPS PRA 4-1-20.pdf manage 166 K 06 Apr 2020 - 19:03 Raymond Lutz Initial Response by Sonoma County
Stanislaus -- 4.2.20 Letter to Ray Lutz at Citizens Oversignt Projects (COPs) re PRA - Ballot Images in 3-3-20 Primary Election.pdfpdf Stanislaus -- 4.2.20 Letter to Ray Lutz at Citizens Oversignt Projects (COPs) re PRA - Ballot Images in 3-3-20 Primary Election.pdf manage 93 K 06 Apr 2020 - 19:04 Raymond Lutz Initial Response by Sanislaus County
Ventura - Citizens Oversight Project - Ballot Images 3-3-2020 election PRA Response.pdfpdf Ventura - Citizens Oversight Project - Ballot Images 3-3-2020 election PRA Response.pdf manage 102 K 06 Apr 2020 - 19:04 Raymond Lutz Initial Response by Ventura County
Topic revision: r10 - 07 Jul 2020, RaymondLutz
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