Dear Friends,
I wrote the following formal Public Records Request this morning and fired it off (with a number of public officials copied in). State law allows Mr. Shively four working days to respond. I expect a response this coming Friday. Shively previously denied a request for these records, saying they didn’t exist. When I appealed to the AG’s office, they sided with his bare assertion that he had no such records. I am now showing that such records must exist.)
Robert J. Borer
6541 S 59th Pl
Lincoln, NE 68516
(402) 570-2549
December 3rd, 2022
David J. Shively
Lancaster County Election Commissioner
601 North 46th Street
Lincoln, NE 68503
(402) 441-7311
Dear Mr. Shively,
Despite previous claims to the contrary, I have it on good authority from Colleen Byelick, Chief Deputy/General Counsel for our Secretary, that you do indeed have cast vote records.
Quoting Ms. Byelick:
"...EAC certification information regarding the ES&S equipment used in Nebraska can be found on the EAC’s website at: https://www.eac.gov/voting-equipment/evs-6100."
According to page 3 of our EAC Certificate, upon scanning a ballot, the DS200 digital scanner/tabulator converts:
"voter selection marks to electronic cast vote records (CVR)."
https://www.eac.gov/sites/default/files/voting_system/files/EVS6100Cert_Scope_%2528FINAL%2529.pdf
The paragraph for the DS850 reads virtually the same:
"DS850® is a central scanner and tabulator that simultaneously scans the front and back of a paper ballot and/or vote summary card in any of four orientations for conversion of voter selection marks to electronic CVRs."
Or we can quote from the Test Plan:
"DS850 is a central scanner and tabulator that simultaneously scans the front and back of a paper ballot and/or vote summary card in any of four orientations for conversion of voter selection marks to electronic Cast Vote Records (CVR)." https://www.eac.gov/sites/default/files/voting_system/files/ES_S_EVS6100_Test_Plan_-_01.pdf
And while I'm referencing the Test Plan, let me offer this citation:
"For paper-based voting systems, the ballot positions on a paper ballot must be scanned to detect selections for individual candidates and contests and the conversion of those selections detected on the paper ballot converted into digital data."
IN OTHER WORDS, converting "voter selection marks" to "electronic cast vote records" is the intermediate means by which the machine tallies votes and produces election results.
Now that it has been established that electronic cast vote records exist, I am hereby requesting, pursuant to Nebraska Public Records Law § 84-712 et seq.,
—a digital copy of all "electronic cast vote records" created in the course of our May 10th, 2022 Primary
—a digital copy (independent of the first request) of all "electronic cast vote records" created in the course of our Nov 8th, 2022 General Election.
State law requires that election records be kept for 22 months.
Thank you for your service and assistance.
Sincerely and respectfully,
Robert J. Borer
suggestion
You might consider sending the same request to your county election official. If you don’t know which machine your county uses, just mention that the above applies to all three (DS200, DS450 & DS850).
in other news
I also filed a HAVA Title III complaint with our SoS office. A hearing has been scheduled for the 12th, but I have asked to have it rescheduled as I will be out of town.
I’m told the format will follow that of a regular committee hearing. It would be nice if we could fill the room up. I’ll let you know when it’s rescheduled.
Have a great weekend.
Your humble servant.
Thanks and have a safe, FUN trip! We the People owe you a debt of gratitude -and salute your Un-tiring efforts? You are a great American! God bless, guide and keep you!
THANK YOU, Robert!!! For my 4th Public Records Request to the Douglas County election commissioner, I was pondering that instead it would be like my past 3: to see how many voter accounts they've deleted already of voters who just voted, but this time also ask for a bit more of their voter history prior to 2022, plus their birth dates, party, and account creation dates (which would probably cost money this time, and I have no income). Phantom voters are also one of the means of corrupting elections, and they might be ones that appear out of nowhere, are democrat, and disappear when their usefulness is over, and can't be tracked down to real people. Or at least that was my thinking.
So could someone else shoot one of Robert's type like he has above to Douglas County for him and me? BYW, I am not even a voter in Nebraska at all, and I've gotten 3 requests honored so far, so anyone can submit it that speaks English.