From: Sharon Meroni
Sent: Tuesday, March 20, 2012 9:09 AM
To: Patrick Fitzgerald ' This email address is being protected from spambots. You need JavaScript enabled to view it. '; 'Cook County (States Attorney)'; Lisa Madigan ' This email address is being protected from spambots. You need JavaScript enabled to view it. '
Cc: Steve Sandvoss; 'David Orr This email address is being protected from spambots. You need JavaScript enabled to view it. '
Subject: URGENT INTERVENTION REQUIRED: Cook County is unlawfully conducting elections today.

Patrick’s Fitzgerald, Lisa Madigan, Anita Alverez:

Please be advised of the following:  Cook County is unlawfully conducting elections today.  I request a full investigation of the election.  I also URGENTLY request intervention in today’s election to require that Cook County Officials properly secure the ballots and the election equipment, as much as is possible, today.

1)      Unlawfully, state authorities permitted the polls to opened today knowing the equipment was not properly sealed:

(10 ILCS 5/24-13) (from Ch. 46, par. 24-13)   

The machine shall then be locked so that it cannot be operated or voted upon without first unlocking it and the keys shall be at once returned to the custody of the election authority, and the election authority shall cause the machine so labeled in order, set and adjusted, to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, not later than one hour before the hour at which the polls are to be opened. The election authority shall deliver the keys, which unlock the voting mechanism and the registering counters or counter compartment of the voting machine, to the precinct election board, not earlier than noon on the Saturday preceding the election day, nor later than one hour before the opening of the polls, and shall receive and file a receipt therefor. The keys shall be enclosed in a sealed envelope on which shall be written or printed: (1) The name, number of or designation of the election precinct or district; (2) The number of the voting machine; (3) The number of the seal with which the machine is sealed; (4) The number registered on the protective counter or device as reported by the custodian. No precinct election official shall break the seal of such envelope except in the presence of all members of the precinct election board, and such envelope shall not be opened until it shall have been examined by each member of the precinct election board to see that it has not been previously opened. Such envelope shall not be opened until it shall have been found that the numbers and records recorded thereon are correct and agree in every respect with the numbers and records as shown on the machine. If any such number is found not to agree with the numbers on the machine, the envelope shall not be opened until the precinct election officials shall have notified the election authority, and until the election authority or some other person authorized by the election authority shall have presented himself at the polling place for the purpose of re-examining the machine, and shall have cert

... that the machine is otherwise in perfect order and they shall compare and record the number on the metal seal with which the voting machine is sealed, with the number furnished them as recorded on the envelope containing the keys, by the election authority, and if the number on the seal and the number on the protective counter do not agree with the numbers supplied to them, they shall not open the polls,

The keys are not secured in this manner.  The ballot scanner is not sealed and the memory device inside is not sealed.  According to Illinois Statute, the polls should not have opened today.

2)      3 Immediate Actions to Take TODAY:

1. Action Point: Memory devices can still be sealed:  The Election Judges seal with their signature across an adhesive seal and sign the 600 Envelope before transport.
2. Action Point: The Blue transport bag is sealed, not locked.  The ballots are not sealed separately inside.  Ballots can be sealed and signed before transport: Use an extra envelope with wrapping tape. Accordingly:

(10 ILCS 5/24B-10.1)
    Sec. 24B-10.1. In-Precinct Counting Equipment; Procedures for Counting and Tallying Ballots. In an election jurisdiction where Precinct Tabulation Optical Scan Technology counting equipment is used, the following procedures for counting and tallying the ballots shall apply:

…. The precinct judges of election shall select a bi-partisan team of 2 judges, who shall immediately return the ballots in a sealed container, along with all other election materials as instructed by the election authority; provided, however, that such container must first be sealed by the election judges with filament tape or other approved sealing devices provided for the purpose which shall be wrapped around the container lengthwise and crosswise, at least twice each way, in a manner that the ballots cannot be removed from the container without breaking the seal and filament tape and disturbing any signatures affixed by the election judges to the container, or which other approved sealing devices are affixed in a manner approved by the election authority. The election authority shall keep the office of the election authority or any receiving stations designated by the authority, open for at least 12 consecutive hours after the polls close or until the ballots from all precincts with in-precinct counting equipment within the jurisdiction of the election authority have been returned to the election authority. Ballots returned to the office of the election authority which are not signed and sealed as required by law shall not be accepted by the election authority until the judges returning the ballots make and sign the necessary corrections. Upon acceptance of the ballots by the election authority, the judges returning the ballots shall take a receipt signed by the election authority and stamped with the time and date of the return. The election judges whose duty it is to return any ballots as provided shall, in the event the ballots cannot be found when needed, on proper request, produce the receipt which they are to take as above provided. The precinct judges of election shall also deliver the Precinct Tabulation Optical Scan Technology equipment to the election authority.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)

3. Action Point: Election equipment be sealed after the elections:  Instruct Equipment Managers to seal and record with a second election judge’s signature: all equipment before re-packing it. The ballot scanner should be certified as locked. There is no seal possible under the current design.

(10 ILCS 5/24C-2) DRE’s
    Sec. 24C-2. Definitions. As used in this Article: Section:  "Ballot" means an electronic audio or video display or any other medium, including paper, used to record a voter's choices for the candidates of their preference and for or against public questions.

(10 ILCS 5/24-15) (from Ch. 46, par. 24-15)

    Sec. 24-15. As soon as the polls are closed, the voting machine or machines shall be locked in order to prevent further voting and each machine shall be sealed against voting and tampering, with a numbered metal seal, and the number of such metal seal shall be recorded at once on the certificate provided for that purpose, and the number on the protective counter of each voting machine shall also be recorded on the certificate in the space provided for that purpose, and the number on the public counter shall be recorded in the space provided for that purpose.

We ask that you make all attempt to secure the ballot in Cook County today.   As it stands now, we verify with Illinois Election Code, that the election is being conducted unlawfully.

Respectfully,

Sharon Meroni

Defend the Vote

847-382-1100