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Kansas Secretary of State Blocks Release of Voting Machine Tapes
PvtVoid writes: Wichita State University statistician Beth Clarkson has filed a lawsuit under Kansas' open records law to force the state to release paper tape records from voting machines, to be used as data in her research on statistical anomalies in voting patterns in the state. Clarkson, a certified quality engineer with a Ph.D. in statistics, has analyzed election returns in Kansas and elsewhere over several elections that indicate 'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct. The pattern could be voter fraud or a demographic trend that has not been picked up by extensive polling. Secretary of State Kris Kobach argued that the records sought by Clarkson are not subject to the Kansas open records act, and that their disclosure is prohibited by Kansas statute.
Maybe. Did you read TFA? They did respond, they just didn't give her what she wants, which they say would be really hard to produce. Yes, they could be full of shit, but that's not a foregone conclusion. Need more data.
No, the secretary of state is correct. There was a nearly identical court case brought by the same person for the same kind of records which was ruled on in 2013. The court sided with the Secretary of State's position. It's unlawful to release these records because of a FOIA request. This researcher is just trying her luck in court hoping for a different ruling.
"File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
I wouldn't call it "nearly identical". Clarkson's new request better maintains the anonymity of the votes, by eliminating a geographic factor (which should also reduce the burden on the state, since one of their gripes was that they don't keep the tapes grouped by district) and it looks like the anonymity issue is what got her refused last time (by the judge).
and the researcher says that the statute requires them to remain anonymous, not unseen. If her plan keeps the records anonymous, then is it still illegal? (I haven't looked up the statute itself, but I assume if it clearly refuted the "anonymous, not unseen" part someone would have mentioned it in the news stories.)
Did you read the part of the linked to article that says that a similar request was refused and the court agreed that these records are not releasable though a FOIA request back in 2013? Yea, didn't think so...
And that proves there's nothing to hide because...?
Where the hell does it say that requesting those records is illegal? All it says it that it would cause undo burden. Apparently you can do any research. http://bethclarkson.com/?p=463 The 2013 lawsuit was rejected, again, on the ground that it would cause undo burden and **NOT** because the request was illegal.
You can stop trolling now.
http://www.hdnews.net/opinion/...
There’s an important reason why neither I, nor Sedgwick County officials, can hand over any ballots to the WSU employee — because it’s a crime to do so. Under K.S.A. 25-2422, it’s a felony to “disclos(e) or expos(e) the contents of any ballot” after the election contest period has ended, even if the names of voters are redacted. Another Kansas law, K.S.A. 25-3107(a), specifically prohibits county election officials from unsealing the containers in which ballots are kept after an election. Only under a judicial order, when the outcome of a specific race has been contested, can those containers be unsealed.
That is in the Secretary of State's own words. He'd be committing a crime... It's illegal....
"File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
The demographic info yes, but the researcher is looking at statistical anomalies in voting trends among those demographics, within their respective geolocations to find discrepancies that would possibly indicate voter fraud. Since the Republican party is so worried about voter fraud I don't see why a Republican SoS would NOT want to support research into possible voter fraud in his/her state. Seems more than a little hypocritical if not down right fishy.
The summarized electronic information is available, not the backup paper tape that records the actual vote and IS the backup for checking the electronic records. The whole purpose of the paper tapes is so fraud can be checked and elections verified. Electronic aggregate records can be tampered with, the only way to alter the paper tapes is to screw with the voting machines before the vote so vote A = B. I check my tapes when I vote to ensure it's recorded correctly and my state encourages voters to do the same. The tape is the official vote record in my state and I'm sure it's the same in Kansas.
What that means is they gave her the unofficial count, not the official records.