San Luis Obispo Bars camera from Public Random Draw

Citizens Oversight (2018-06-11) Ray Lutz

This Page: https://copswiki.org/Common/M1858
Media Link: https://youtu.be/7Iw0IgECd5s%20type%3d%22html%22
More Info: Election Team, Snapshot Protocol, Random Draw Oversight, Snapshot Protocol

Notes from Ray Lutz:

• SLO: 1055 Monterey Street, Room D-120, San Luis Obispo, CA 93408
  • Arrived just before 2pm meeting. I had my camera on.
  • They walked us back to the room where they were entering military ballots using touch-screen machine.
  • Registrar/County Clerk Tommy Gong, who is elected, came in and said I could not use the camera.
  • I said I had the right to use the camera due to state law.
  • He then called the sheriff.
  • Then county counsel came down and said that they decided I could not use the camera, and I was disturbing their meeting.
  • I negotiated a letter from the SLO County stating they were not allowing my camera in the meeting.
    • Sgt J. Cronin (Badge #206) Witnessed the agreement that they would provide the letter.
    • See Video of interaction with Gong. I also have audio of the final agreement stating that Cronin witnessed it.
  • I took camera to the car as Jill waited inside.
  • Then, we attended the random selection meeting.
  • they came out with all the slips of paper in a bowl.
  • I said we had to review that they were all in the bowl.
  • We took about 40 minutes to lay them on the table in order and found three batches were missing.
  • They add those in and then they could not object to our involvement.
  • They are using Dominion voting equipment which is a ballot image type.
  • I asked for the full batch report and they provided it. They are the first county to be compliant.
  • I gave them a big clap and they appreciated the acknowledgment to make up for the screw up in the selection process.
  • I got the batch report on a thumb drive they provided.
  • Sent a followup email to get the letter. Follow this on This page.

Email letter to Tommy Gong

To: tgong@co.slo.ca.us
From: Ray Lutz <raylutz@citizensoversight.org>
Subject: Follow up from Random Draw meeting.
Date: Mon, 18 Jun 2018 10:14:41 -0700

Dear Mr. Gong:

I am following up regarding your barring my video camera from your Random Draw public meeting noticed for 2pm on 6/11/2018. At the time, I was promised a letter from your county stating it is your policy to bar cameras and other recording devices from that public meeting. Please provide this letter, and provide rationale as to why you are allowed to violate my rights under Cal. Gov't. Code §54953.5(a). If you cannot provide it directly and immediately in response to this email, please respond anyway to confirm your reception and provide an estimated date when it will be provided.

I will remind you that elections officials have many duties and voters have a right to observe. But only in this case, does the election code 15360 state that the random draw is a PUBLIC meeting, and so the rights of the public under Cal. Gov't. Code §54953.5(a) are applicable, whereas for other operations of your office do not require that you allow recording, but observation is still a right.

And, you will have to admit that there is nothing at all which is revealed during the random draw except possible failure to accurately perform your duty, which was the case during my observation, when three precincts were not included in the raffle-style drawing.

There are many things you are doing very well in your election department and it is too bad that this failure will now be escalated to become a very public matter of concern.

Thank you for your kind assistance.

--Ray Lutz

Followup letters

• 2018-10-27 Follow up letter to SLO ROV.pdf: Followup letter to SLO regarding violation of video recording rights

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• 2018-10-31 Response by SLO regarding Manual Tally Meetings.pdf: 2018-10-31 Response by SLO regarding Manual Tally Meetings

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• 2019-06-10 Response to SLO ROV regarding Manual Tally Meetings.pdf: 2019-06-10 Response to SLO ROV regarding Manual Tally Meetings

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