the rest of my hava hearing statement

Dear Friends,

Below is the rest of my HAVA Complaint Hearing Statement, more or less. You can find the other two parts below.

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Statement (~part 3)

The Help America Vote Act of 2002 didn't help America vote. It helped America's enemies (foreign and domestic) HIJACK our vote. 

The only way to help America Vote, assuming all qualified voters are treated equally, is by instilling confidence in the veracity of our elections.

Quoting from The National Commission on Federal Election Reform:

"...it is critical that all Americans have confidence in our electoral system..."

Quoting from Crawford v. Marion:

"[a state's"] interest in protecting public confidence in elections, while closely related to its interest in preventing voter fraud, has independent significance, because such confidence encourages citizen participation in the democratic process."

Confidence in our elections is what helps America vote. Where does that confidence come from? It can only come from transparent and publicly verifiable elections.

Enven's policy of secret vote-counting and refusing public access to OUR paper ballots does NOT inspire confidence. It inspires contempt and wrath and worse.

By taking away our ballots and giving them to a person of unknown character (and national origin, for that matter) to be counted, he has essentially taken away the sovereignty of We the People.

Benjamin Franklin wrote,

"In free governments the rulers are the servants and the people their superiors and sovereigns." 

State Statute forbids electronic voting systems. The only way Evnen gets away with using electronic vote-counting machines is that we vote on paper ballots. BUT, those paper ballots are meaningless when the general public has no access to them, nor to any image of them, nor to any record of their systematic tally (via cast vote records).

A machine that counts paper can just as easily manipulate votes as one that doesn’t count paper (but rather accepts votes via a push of a button).

There’s one little ray of light in HAVA, however.

HAVA Title III requires a manual audit capacity. It also requires that the paper record (ballot) “SHALL be available as an official record for ANY recount…”

Contrary to the tyrannical practices of Evnen.

These provisions are especially important given the extreme vulnerability of computerized voting machines to tampering and hacking.

Because the qualified voters of Nebraska to whom our elections belong have no access to our paper ballots, they have no manual audit capacity. And that is the crime.

Evnen’s secret audits don’t qualify as audits. An internal self-audit is not an audit. It’s a con.

A recent candidate, Russ Barger, requested a manual recount (a recount using the paper ballots). He was denied.

I want to know how Evnen gets away with that denial, in light of the HAVA requirement for a manual audit capacity.
I want to know how Evnen gets away with calling a self-audit an audit.
I want to know how Evnen gets away with refusing to provide the public with the publicly owned machine data (CVRs) spoken of on page 3 of the EAC machine certification behind the machines he uses, which can be found here:
https://www.eac.gov/sites/default/files/voting_system/files/EVS6100Cert_Scope_%2528FINAL%2529.pdf
This data would give the public some means of verifying results.

I want to know how Evnen gets away with a total lack of transparency and accountability to the people of this state.

Actually, I know how Evnen gets away with his shenanigans. The rest of our Executive Branch is spineless (or worse), as is our Legislature.

There is only one reason for Evnen’s secrecy, and that is fraud.

IN CLOSING,

We may as well allow a judge to declare a man guilty of a crime without providing any evidence, as allow an election administrator to declare election results without providing any evidence (or verification) of those results.

John Gale wrote back in 2003, "the struggle has shifted from WHO can vote to issues of the fairness of the election system and the machinery of elections…”

Thomas Paine said, in so many words, "The right of voting is the right that secures all other rights. To take away this right is to reduce a man to slavery."

There are two ways to take away this right. The first is obvious. Prevent voting altogether. The second is to secretly corrupt the process so that what appears to be voting isn't voting at all.

Lots of Nebraskans are extremely fed up with Mr. Evnen. He looks out for the interests of his private black box vote-counting company over the interests of the citizens of NE who pay his wages.

And maybe that's the problem. The black box company he serves pays him better “wages.”

There’s no law against transparent and verifiable elections.

The End

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Here were the first two parts:

Report on HAVA Hearing

…and here:

supplemental material sent to hearing officer

Thanks for listening.

Robert J. Borer