April 14, 2005
Delay, Evade, Obfuscate

I went to the King County Elections office yesterday afternoon to pick up some documents and data files in response to my public records requests. The thing I'm chasing down at the moment is the discrepancy of the nearly 900 more absentee ballots counted than absentee voters identified. The most critical piece of the puzzle is the complete Absentee Ballot Audit Trail that they're required to maintain.

It's obvious they don't want to release the audit trail. In their letter explaining why they don't want to deliver other documents in a timely fashion, they don't even acknowledge that I've asked for the audit trail. They don't even acknowledge They've released the batch slips, both in raw hard copy form and some summary spreadsheets (more on this later). But the audit trail is the most crucial piece. They also gave me a CD (I had to pay $12.50 for it) containing some data files, which turned out to be completely worthless with out the rest of the audit trail data.

I just sent this email to King County Elections, cc:ing members of the County Council and a few members of the press:

The data files on the CD you issued to me yesterday are not an acceptable response to my Public Disclsoure Act request for King County's audit trail of absentee ballots. Indeed, these data files are completely worthless and unusable without the rest of the information that I have requested and which has not been provided. I am frankly frustrated at this point. I first requested this information in writing more than seven weeks ago. Yesterday's response appears to be just the latest example of the King County Elections office apparent pattern of delay, evasion and obfuscation in order to conceal serious mistakes. I ask that you issue immediately a new CD containing the complete audit trail of absentee ballots that I have requested.

The data files on the CD you issued to me yesterday are not an acceptable response to my Public Disclsoure Act request for King County's audit trail of absentee ballots. Indeed, these data files are completely worthless and unusable without the rest of the information that I have requested and which has not been provided. I am frankly frustrated at this point. I first requested this information in writing more than seven weeks ago. Yesterday's response appears to be just the latest example of the King County Elections office apparent pattern of delay, evasion and obfuscation in order to conceal serious mistakes. I ask that you issue immediately a new CD containing the complete audit trail of absentee ballots that I have requested.

My outstanding Public Disclosure Act request, dated Feb. 22, is for "all documents pertaining to the reconciliation of absentee ballots and absentee voters from the November 2004 election.". My objective is simple: to verify whether all absentee ballots that were returned and counted were properly accounted for. The data that that your office has released so far is insufficient to determine whether all ballots were properly accounted for, nor is the information sufficient to determine the actual magnitude of discrepancies between ballots returned and ballots counted.

I amended my Feb. 22 request on March 21 to clarify that King County's response should include the audit trail on absentee ballots that is required by WAC 434-240-270.

The files of PSI data that are on yesterday's CD in the folder titled "November Data Disk" contain only ballot serial numbers. I did not at any time request files that are composed exclusively of ballot serial numbers. Ballot serial numbers are worthless without corresponding records that associate ballots numbers with voter ID numbers. My request specifically identified voter ID numbers as a necessary data item. You might correct yesterday's CD by issuing a file that associates the ballot serial numbers with the corresponding voter IDs. However, it would be a comparable effort to simply produce the complete audit trail that I have been asking for all along..

A responsive file must include following data items for every absentee ballot that was returned for the November 2004 election.
* ballot serial number
* voter ID
* date the ballot was received
* absentee ballot "batch" number
* disposition of the ballot (accepted, or rejected; and if rejected, the "challenge code")

I have no doubt that these audit trail records are readily available in the form in which I have requested them -- These records are required by WAC 434-240-270; it is also apparent from other county documents I have seen (for example, this screen shot from an elections office software application) that the county's computer systems do in fact maintain these records in the database.

I demand that you release this data without additional delay.

Posted by Stefan Sharkansky at April 14, 2005 11:59 AM | Email This
Comments
1. The downfall of any true democratic-republic occurs when tyranny reigns in the guise of democratic elections.

This is reminiscent of Soviet "elections" (minus the Public Disclosure requests, of course). The result is the same however: Neither you, nor Soviet citizens, ever received meaningful information about the "elections."

Posted by: YourGovernorCostsMillion$ on April 14, 2005 12:37 PM
2. This quote appeared on VikingPundit yesterday:

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience." - C. S. Lewis

Can anyone say "Ron Sims, Dean Logan, and Christine Gregoire"????

Posted by: Larry on April 14, 2005 12:45 PM
3. "Delay, Evade, Obfuscate"

I, for one, am really happy to see a rock-ribbed right-wing Republican like yourself finally get a conscience and attack that total fraud, Tom DeLay, who does indeed continue to evade the truth and obfuscate the public.

He's a menace to good government and it's nice to finally see other Republicans going after that horrible man!

Posted by: Nelson on April 14, 2005 12:45 PM
4. I wonder how the Seattle Times' info requests are going.

Posted by: Shannon K on April 14, 2005 12:46 PM
5. This is interesting:

WAC 434-240-270 Maintenance of an audit trail on absentee ballots. Each county auditor shall maintain an audit trail with respect to the processing of absentee ballots which shall include, but not be limited to, the following:

(7) A reconciliation that all absentee ballots counted plus all absentee ballots rejected is equal to the total number of absentee ballots received.

How could King County comply with requirement (7) if the numbers didn't match?

How many did they recieve?
How many did they count?
How many did they reject?

What is a county auditor supposed to do if they can't meet requirement number (7)?

Posted by: PW on April 14, 2005 12:46 PM
6. Of course, to even hope of getting good answers, one has to ask good questions. We know the P-I is incapable of that, and the Times kinds of plays at it.

Posted by: Shannon K on April 14, 2005 12:48 PM
7. The previous post somehow stripped out my comment that I deleted items (1) through (6) for brevity.

Posted by: PW on April 14, 2005 12:48 PM
8. Nelson,

Did you finally wake up from your nap, little one (you're not yawning any more)?

After we work on your addition and subtraction skills, we'll do some attention and focus exercises. Then you can learn to color between the lines. By that time your mommy will be here to pick you up.

Posted by: Larry on April 14, 2005 12:51 PM
9. Stephan,

Can or did the Rossi legal team request the audit trail as part of discovery?

If the audit trail is a public record, you may have better success going through the Rossi folks. If they have it already, they should be able to provide you a copy.

Posted by: Michael on April 14, 2005 01:03 PM
10. Keep after 'em, Stefan. You have a lot of moral support behind you!

Posted by: Michele on April 14, 2005 01:20 PM
11. Stefan, you're the man!

Posted by: Bostonian on April 14, 2005 01:29 PM
12. According to an earlier entry, PSI actually received the mailed-in absentee ballots and created a database by scanning the bar codes on the outer envelopes -- and then recording the data on CDs which were handed to King County elections office personnel along with the ballots (already sorted in batches).

Are you saying that the only part of PSI's data released to you was a long list of ballot serial numbers?

Was nothing included about the date of receipt?

No batch numbers?

If so, then how many serial numbers are there in the data they released to you?

The serial number shouldn't be in the PSI data unless the ballot was returned by the voter, should it?

The total of all serial numbers would at least indicate how many absentee ballots were returned by mail -- although obviously it wouldn't tell how many were mailed in time, received in time, later found to be valid, etc. (And wouldn't tell how many absentee ballots were returned at polling places or other authorized receiving points prior to the close of the polls on election day.)


Posted by: Micajah on April 14, 2005 01:30 PM
13. Micajah -- the PSI files are named by date and batch number, so there's at least that. But an incomplete list of ballot counts by batch numbers isn't worth much. And the ballot serial numbers without corresponding voter id numbers is completely useless.

Posted by: Stefan Sharkansky on April 14, 2005 01:33 PM
14. I can just hear them mumble down there in Loganville, "Who does he think he is, 'demanding' something from US?"

Posted by: Dave on April 14, 2005 02:13 PM
15. NELSON-
Your attempts to deflect the issues have not and will not succeed. It's like trying to stop the leaks in the Titanic at this point, and ya ain't got enuff fingers.....

Posted by: BlueKnight on April 14, 2005 03:20 PM
16. Reading your headline, for a moment there I though you were finally commenting on the Tom DeLay affair.

Then I realized how ridiculous a thought that was.

Posted by: Daniel K on April 14, 2005 03:38 PM
17. The title should be, "TOM Delay,Evade, Obfuscate." Most of your readers don't know what obfuscate means, anyway. They probably think it's something you do alone when you're not entirely the master of your own domain.

Posted by: headless lucy on April 14, 2005 03:42 PM
18. Daniel & Headless:

If you want to write and/or read about Tom Delay, why don't you start your own blog? Or aren't you intelligent enough?

Oh, that's right - Lucy had a blog...and she kept getting outwitted by her commentors.

Posted by: Larry on April 14, 2005 04:08 PM
19. Headless, In the education system that I went through the heading should always relate to the content. I'm not sure about the WA system, but I am surprised that has changed, so I do not understand why you would think the title should be different.

It is true, though, the stupid, unenlightened, red-neck, uneducated, dim, etc., all of which in lib-speak means republican, does not understand such words. We are all so impressed with your sophisticated, enlightened, well articulated counter points that you have laid out for us. We are so grateful that you will protect us from ourselves as you know what is best for everyone.

One heartfelt THANK YOU!

Posted by: Fred on April 14, 2005 04:13 PM
20. Maybe someone could enlighten me. Just what is Tom Delay guilty of?

Posted by: Cliff on April 14, 2005 05:09 PM
21. "Just what is Tom Delay guilty of?"

Oh... he's guilty all right... really guilty... of being a Republican.

There are many, many other Congressman and Senator's that have done and continue to do exactly what Tom Delay has done, namely, pay members of his family to work on his campaign. Barbara Boxer for one paid her son $150,000... but do you see this in the papers? Nope.

Posted by: Tucker on April 14, 2005 05:23 PM
22. Hello Cliff,

Since this blog entry isn't about Mr. DeLay, I'll simply point you to a blog entry that spells out a number of issues (http://www.kirkdorffer.com/ontheroadto2008/2005/03/delay-should-resign-sign-petition.shtml). In the past month there have been further discoveries of ethics violations to the point even Rick Santorum is calling for him to answer the charges.

Oh, and Larry, I have my own blog, and have written about it.

Posted by: Daniel K on April 14, 2005 05:47 PM
23. Daniel K Then I realized how ridiculous a thought that was.

That's ok; most thoughts by leftists are ridiculous.

Posted by: otto on April 14, 2005 06:05 PM
24. Daniel K,
Maybe you have confused the word allegation with the word guilty? I was looking for proof that he is guilty of anything.....allegations don't cut it unless your just trying to smear someone that is...

Posted by: Cliff on April 14, 2005 06:07 PM
25. Daniel K:

If you have your own blog and you've written about it, why do you feel necessary to bring it up here? Especially when it is completely unrelated to the post? Do you have feelings of inferiority because nobody reads your blog, while thousands of people read this one? Are you trying to ride Stefan's coattails for some free publicity? Do you appreciate when you write about Tom Delay on your blog and people bring up the fact that Clinton was impleached for lying under oath, and that will be his legacy, and therefore all Democrats are lying sacks of you-know-what and can't be trusted? What's the matter with you?

Posted by: Larry on April 14, 2005 06:19 PM
26. Larry - If in bring DeLay up I wanted to plug my blog as you suggest, then I would have done so when I brought him up. The fact I have now mentioned my blog is only because you asked if I had one and since I did, and since I had info on it I thought might answer Cliff's answer why would I choose instead to refer Cliff to another source, unless I did not stand behind the info I had on my own site?

The reason I brought up DeLay was the fact Shark's title looked like a posting about DeLay (Delay) for those of us that have been following that issue. The fact Sound Politics seems to have no interest in the ethics concerns of DeLay is itself interesting. Why is that?

Meanwhile, I couldn't give a rats ass if nobody read my blog to be honest, especially patrons of this Web site who invariably would not agree with much that say, but irregardless of this crowd, I feel I have things I want to write about and doing so through other people's blogs eventually screams for having your own, and since I can, I do.

Cliff - Perhaps you are right. Perhaps DeLay is not guilty of any of these well documented ethics transgressions. Or perhaps these thing did happen, but the question of whether they were ethics violations is up in the air. Perhaps it is all part of a left wing conspiracy. That in itself would seem to be worthy of Sound Politics coverage wouldn't you think, especially if the whole thing ends up costing him his leadership role in the House?

Posted by: Daniel K on April 14, 2005 08:41 PM
27. otto - So then you agree that thinking they'd be a blog entry here showing concern about the DeLay problems was indeed a ridiculous thought.

Posted by: Daniel K on April 14, 2005 09:16 PM
28. Daniel K:

Okay, I'll accept that answer, and offer one of my own....

Is the fact that Sound Politics does not discuss Tom Delay interesting? Not really. It's about as interesting as the fact that the Seattle Times Sports section never seems to have articles on the Chicago Cubs. Nor do I read anything about the Seattle Seahawks in the Chicago Tribune.

If you want national political coverage from our point of view, maybe you should check Instapundit, Polipundit, Vikingpundit, Vodkapundit, PowerLine, PatrickRuffini, etc. But you already knew that.

Posted by: Larry on April 14, 2005 09:44 PM
29. Larry states:
"Perhaps DeLay is not guilty of any of these well documented ethics transgressions. Or perhaps these thing did happen, but the question of whether they were ethics violations is up in the air."
So let's comment about it hoping some of it will stick? Sounds just like another liberal smear campaign. Associate "possible" ethics violations with guilt? My how nice of you........

Posted by: Cliff on April 15, 2005 07:51 AM
30. For those of you who want to press what Tom Delay has done, one of your own has done worse and he is skating...

"When it comes to cashing in on family connections, House Majority Leader Tom DeLay's relatives can't hold a candle to the clan of Senate Minority Leader Harry Reid, who's sponsored legislation that netted his son hundreds of thousands of dollars in legal fees."

For the rest of the story, check out;
http://www.newsmax.com/archives/ic/2005/4/14/223831.shtml

We'll start to criticize Delay when you chastize the despicable DemoRAT Senate Minority Leader. Until then, whine on !


Posted by: KS on April 15, 2005 08:41 AM
31. Cliff,

Actually, it was Daniel K that wrote that. I prefer to deal in facts, not hypotheticals. But your comment is spot on concerning the earlier statement.

Posted by: Larry on April 15, 2005 09:16 AM
32. Right - nothing but a smear campaign, and the admonishments by the House Ethics Committee never happened. Believe what you will. And so much for your morals and values to not give a shit about DeLay until someone else gives a shit about Reid, regardless of the fact DeLay's mountain of abuse and violations make anything else pale in comparison. The rules apply to everyone, Reid, DeLay, or whomever.

Evade and obfuscate all you like, but even the Republican leadership is losing patience with this DeLay.

Posted by: Daniel K on April 15, 2005 10:55 AM
33. Daniel K,
Admonishments by the House Ethics Committee? Give me a break....have you read the news? Here is a short snippet for your edification:
"Democrats said yesterday that they will continue to block the House ethics committee from meeting — leaving Majority Leader Tom DeLay under a cloud of ethics accusations — because of their opposition to new ethics panel rules passed by the full House."
http://washingtontimes.com/national/20050415-124639-4228r.htm

Seeing how this IS a local blog maybe we should be discussing our local politician Jim McDermott.

McDermott ethics probe blocked, GOP aide says
http://washingtontimes.com/national/20050414-115251-4578r.htm

He actually WAS found guilty of something and paid a $60,000 dollar fine. BTW.. he was the top Democrat member of the Ethics committee until he resigned for illegally leaking a tape of an illegally taped conversation conversation...

The Democrats are not only refusing to convene to clear Tom Delay they are also holding out because of the ethics complaint against one of their previously top Democrat members Jim McDermott our own local politician.....talk about Delay, Evade, Obfuscate....and you have the guts to bring Tom Delay up here?
Say after me Daniel.....Delay, Evade, Obfuscate...Delay, Evade, Obfuscate...

Posted by: Cliff on April 15, 2005 12:45 PM
34. Cliff & Daniel K:

I agree, we should discuss Jim McDermott!

Here's what U.S. District Court Judge Thomas Hogan had to say about him: "{his} willful and knowing misconduct rises to the level of malice in this case."

WILLFUL...KNOWING...MISCONDUCT....MALICE!! And we're talking about Tom Delay, who has yet to appear before the Ethics Committee, let alone a court of law?

Daniel K, I think you are picking and choosing your ethics violations, and you're only picking Republicans. Jim McDermott is the gold standard of the current Democratic intelligentsia - and his willful and knowing misconduct rises to the level of malice!

By the way, he was fined $60, and he has to pay $545K for the Republican lawyers. But I suppose you can make a few donations, Daniel K, to cover your poster boy.

Posted by: Larry on April 15, 2005 02:18 PM
35. Cliff & Daniel K:

I agree, we should discuss Jim McDermott!

Here's what U.S. District Court Judge Thomas Hogan had to say about him: "{his} willful and knowing misconduct rises to the level of malice in this case."

WILLFUL...KNOWING...MISCONDUCT....MALICE!! And we're talking about Tom Delay, who has yet to appear before the Ethics Committee, let alone a court of law?

Daniel K, I think you are picking and choosing your ethics violations, and you're only picking Republicans. Jim McDermott is the gold standard of the current Democratic intelligentsia - and his willful and knowing misconduct rises to the level of malice!

By the way, he was fined $60K, and he has to pay $545K for the Republican lawyers. But I suppose you can make a few donations, Daniel K, to cover your poster boy.

Posted by: Larry on April 15, 2005 02:23 PM
36. Clifford - Where have you been all last year? The House Ethics Committee adminished DeLay three times last year. You obviously have no understanding of what is going on beyond the small confines of this blog or the Puget Sound.

Posted by: Daniel K on April 15, 2005 03:47 PM
37. Oh we were talking old news? He was admonished with no penalty not convicted.
Hmmmm....I was asking what he was guilty of, again maybe you didn't understand the question.

I see you would rather talk about a Senator from another state getting admonished for trivial mistakes rather than talk about a local politician committing a crime and getting fined for it like McDermott was...
Nuff said...we understand now...

Posted by: Cliff on April 15, 2005 04:41 PM
38. Clifford - You love these types of games don't you, where you divert the issue by bringing up another, after which you smugly proclaim that if one does not engage in discussion in the diversion then, "aha, there you are, told you so", etc... What a fantasy world you must live in.

Posted by: Daniel K on April 15, 2005 05:13 PM
39. Daniel K,
Still cannot answer the question? It was a simple one....no games involved...just a simple question.
Here let me repeat it for you again.
What is Tom Delay guilty of?

Posted by: Cliff on April 16, 2005 08:40 AM
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