Reply #55: UPDATE

[mtnester]

Below is the text of my fast report as the legal team is looking for a TRO and I had to get it to them FAST! Also been forwarded to Conyers and Arenback. Here is my report:

Fairfield County, Ohio Recount Statement
Wednesday, December 15, 2004
Statement by my name here, Green Party Representative

On Wednesday, December 15, 2004, we arrived at the Fairfield County BOE at approx. 0730 hours for a recount. There were also Kerry and Bush observers, and the BOE allowed one representative from each candidate to sit at each of the two counting stations, and the rest to stand and watch.

We were informed that the Democratic and Republican board member each selected a precinct to recount. They were Lancaster City 2C and Pickerington C.

I sat at Lancaster C, and the hand count went smoothly. Once both precincts were hand counted, we then were allowed to have only on representative from each candidate in the actual tabulating room, due to its size. All others were allowed to watch from outside the room. BOE Director explained the process of a new test deck, which they created, showed and explained to us how the test deck worked, demonstrated the test, and clearly demonstrated clearing the test results out.

Some troubles occurred with the tabulator. It seemed to stop frequently, giving invalid tally on a card messages (basically a jam). After many starts and stops, both precincts were finally tabulated. The explanation for the troubles was the handling of the cards for the hand count and humidity. There were several dehumidifiers clearly visible in the area.

Lancaster 2C tabulations matched up with the hand count. However, Pickerington C did not. Many of us felt that the hand count did not show the no-votes in the totals (4 cards) and could explain the four-card grand total discrepancy….the hand count showed 4 votes less than the tabulator count.

It was agreed to recount by hand Pickerington C to determine if this was the case. A hand count was then reconducted, and the non-votes were also included in this tally this time. It was then decided to run the cards again through the tabulator. However, it was decided by the BOE that a spare machine should be used after the original machine (the first machine was actually the machine that tallied the vote the evening of 11/2/04). The spare machine was removed from the box, hooked up, and promptly failed completely. The first machine was then hooked back up, and the tabulation commenced again.

After numerous stops and starts, errors and jams (all explained by handling of the cards and humidity.”card-curling”) the tabulation was complete. The 2nd tabulation counts of Pickerington C again did not match the 2nd hand count of that precinct…the tabulation machine failed to register two votes that that hand count had counted.

At this time, the BOE asked if we would waive their rights, and they were told no. The BOE then suggested contacting their machine vendor to get another machine in to retabulate. The BOE was then told by us that this would be unacceptable…the law was very clear, they would now have to perform a mandatory hand count of the entire county. The BOE then stated they would have to contact the Secretary of State’s office. The Board members then asked us to wait, and they left the area.

At approximately 2 minutes before 4:00 PM, a member of the board came out and stated they were awaiting a call back from their vendor, that the vendor had said it would be 5 minutes and it had already been 10 minutes, and that is what is happening and they would get back with is as soon as they heard from the vendor. Two minutes later, at exactly 4:00 PM, the Board members returned to the area, convened a Board meeting, moved and seconded to suspend the recount until 9:30 AM Saturday, December 18, 2004. On that date, the recount would be conducted again, same exact precincts, with a new machine from their vendor. It was claimed that the tabulator had suffered “equipment malfunction” and a new tabulator would arrive and be in place. All voted AYE, motion carried. The Board then adjourned, announced it was after their normal operating hours, and we were to leave the building. The BOE also then stated that only one observer from each party would be allowed at each of the two hand count tables, and no other observers would be allowed in the counting area at all. The BOE was informed they were violating the law, and the Green Party legal team was contacted.

Statement freely given by Green Party Observer, my name, who personally witnessed these events on Wednesday, December 15, 2004, at the Fairfield County, Ohio, Board of Elections Office, Liberty Center Facility, Lancaster, Ohio.

Respectfully,

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