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.

• CA_LosAngeles.pdf: Typical letter sent out by email and certified mail

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.

• 2020-03-26 SOS Opinion that counties need not provide ballot images 20070jl.pdf: 2020-03-26 SOS Opinion that counties need not provide ballot images 20070jl.pdf

And here is our followup letter.

• 2020-04-01 Response to CA SOS CCROV 20070.pdf: Response to SOS Memo on Ballot Images, sent to all CA ROVs on 2020-04-01

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

• 2020-04-22 PRR to SOS regarding CCROV-20070.pdf: PRR regarding SOS ROV notice regarding ballot images.
  • 2020-07-07 COPS emails with CA SOS re CCROV 20070.odt: 2020-07-07 COPS emails with CA SOS re CCROV 20070.odt

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