Having reviewed the recount procedure manual, review forms, and recount procedures I have filed the following questions with the Wisconsin Accountability Board.
Dear WAB, 4/28/2011
Where in the recount procedures are any procedures to assure the ballots chain of custody?
Specifically where are recount procedures, standard forms and procedures to review, assess and assure:
1) Reconciliation of all ballots purchased with ballots in custody?
2) proof of chain of custody for each ballot from the time it first left the elections office and how many came back from each precent - and who had control over them at each step?
3) proof of chain of custody for the ballots when they are returned to the elections office?
4) proof of chain of custody for the ballots within the elections office and who actually had access to some or all of the ballots?
5) where is the review and totaling of ballots that did not have a review and chain of custody for visible evidence of interference or damage to the ballot container?
6) Where are procedures to review each step listed here: a ballot container shall be considered “sealed” or “locked,” only if no voted ballot may be removed from or deposited into the container, and no other form of access to the ballots inside may be gained without leaving visible evidence of that entry or access into the container. Ballot bags shall be sealed with a tamper-evident, serialized numbered seal. The serial number shall be recorded on the signed ballot container certification (EB-101) attached to the bag. Serial numbers of the seals also shall be recorded on the Inspectors’ Statement (EB-104). Ballot boxes or containers shall have all potential openings secured in such a manner that no ballot may be removed, nor any ballot added, without visible evidence of interference or damage to that ballot container. Ballot boxes or containers shall have attached a signed ballot container certification (EB-101).
7) Where are the written recount procedures to assure that these steps have been met? Sworn Statements? Chain of Custody? Sworn Statements from security guards and janitors? A sealed ballot container shall not be considered “secured” unless it is stored in a manner in which access to the container is limited only to the clerk of the election district, board of election commissioners, or to persons authorized by the clerk or the board of election commissioners, and access to which is not available to any other person
8) Where are the minutes recorded? Do they contain all these details? Before opening the container the custodian shall record in the minutes of the proceeding whether the container is sealed and shall record the serialized number of the seal. The custodian shall make a record of the entry and of the ballot review
9) Where is the procedure to assure that: At the time of a recount, the serial numbers on the seals of the ballot container shall be compared with the serial numbers written on the signed ballot container certification (EB-101). All containers shall be compared in a recount. The ward numbers and the results of the serial number verification shall be recorded in the minutes of the GAB 5.01 Ballot security? Where is a form and sworn statements to collect and assess this information?
Chain of custody is a critical protection against ballots being added or subtracted from the a city or counties totals.
Chain of custody
From Wikipedia, the free encyclopedia
Chain of custody (CoC) refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic. Because evidence can be used in court to convict persons of crimes, it must be handled in a scrupulously careful manner to avoid later allegations of tampering or misconduct which can compromise the case of the prosecution toward acquittal or to overturning a guilty verdict upon appeal. The idea behind recording the chain of custody is to establish that the alleged evidence is in fact related to the alleged crime, rather than having, for example, been planted fraudulently to make someone appear guilty.
Establishing chain of custody is made of both a chronological and logical procedure, especially important when the evidence consists of fungible goods. In practice, this most often applies to illegal drugs which have been seized by law enforcement personnel. In such cases, the defendant at times disclaims any knowledge of possession of thecontrolled substance in question. Accordingly, the chain of custody documentation and testimony is presented by the prosecution to establish that the substance in evidence was in fact in the possession of the defendant.
An identifiable person must always have the physical custody of a piece of evidence. In practice, this means that apolice officer or detective will take charge of a piece of evidence, document its collection, and hand it over to an evidence clerk for storage in a secure place. These transactions, and every succeeding transaction between the collection of the evidence and its appearance in court, should be completely documented chronologically in order to withstand legal challenges to the authenticity of the evidence. Documentation should include the conditions under which the evidence is gathered, the identity of all evidence handlers, duration of evidence custody, security conditions while handling or storing the evidence, and the manner in which evidence is transferred to subsequent custodians each time such a transfer occurs (along with the signatures of persons involved at each step).
From the recount manual it seems that a "law" is not necessary to have these simple standards used:
GAB 5.01 Ballot security. (pending legislative
approval as of Aug. 22, 2008)
(2) Within the requirements of s.7.51(3), Stats., the terms “secure”
and “seal” shall be interpreted together to mean that the voted ballot
container must be closed in such a manner that no ballot may be
removed, nor any ballot added, without visible evidence of
interference or damage to the ballot container.
(3) Within the requirements of s.7.51(3) (a), Stats., a ballot
container shall be considered “sealed” or “locked,” only if no voted
ballot may be removed from or deposited into the container, and no
other form of access to the ballots inside may be gained without
leaving visible evidence of that entry or access into the container.
Ballot bags shall be sealed with a tamper-evident, serialized numbered
seal. The serial number shall be recorded on the signed ballot
container certification (EB-101) attached to the bag. Serial numbers
of the seals also shall be recorded on the Inspectors’ Statement (EB-
104). Ballot boxes or containers shall have all potential openings
secured in such a manner that no ballot may be removed, nor any
ballot added, without visible evidence of interference or damage to
that ballot container. Ballot boxes or containers shall have attached a
signed ballot container certification (EB-101).
(4) A sealed ballot container shall not be considered “secured”
unless it is stored in a manner in which access to the container is
limited only to the clerk of the election district, board of election
commissioners, or to persons authorized by the clerk or the board of
election commissioners, and access to which is not available to any
other person.
(5) Whenever the custodian is required to open the ballot container
and unseal the ballots as part of a central count proceeding under
s.5.86, Stats., board of canvass proceeding under Ch. 7, Stats., audit of
electronic voting equipment after an election under s.7.08(6), Stats.,
recount or an appeal of a recount under s.9.01, Stats., or as part of a
public records request under s.19.35, Stats., before opening the
container the custodian shall record in the minutes of the proceeding
whether the container is sealed and shall record the serialized number
of the seal. The custodian shall make a record of the entry and of the
ballot review. Upon completion of the review, the custodian shall
resecure them in the manner provided in s. 7.51, Stats., unless
destruction is authorized under s. 7.23, Stats.
(7) At the time of a recount, the serial numbers on the seals of the
ballot container shall be compared with the serial numbers written on
the signed ballot container certification (EB-101). All containers shall
be compared in a recount. The ward numbers and the results of the
serial number verification shall be recorded in the minutes of the
recount.
It seems that these critical parts of the recount are not being done. A recount is more than a final number it is a review of the process, chain of custody, possibility of finding fraud, and determining if a accurate total can even be had (and if not where were the errors made that invalidate the result). I am taking you up on your statement on your web site http://gab.wi.gov/ soliciting questions about the recount process. Thank you.
Hopefully they will post answers to my questions on their website.