Ballot Accuracy Procedures (Delaware)

Jonathan Rudenberg filed this request on behalf of Jonathan Rudenberg with the Office of the State Election Commissioner of Delaware.
Submitted March 23, 2022
Status
Completed

Communications

From: Jonathan Rudenberg

Subject: Delaware Freedom of Information Act Request: Ballot Accuracy Procedures (Delaware)

Portal

To Whom It May Concern:

Pursuant to the Delaware Freedom of Information Act, I hereby request the following records:

A digital copy of the statewide procedures manual(s) that Delaware election officials follow to fulfill their obligations in the following sections of Title 15 of the Delaware Code:

§ 5008A. Preparation of voting devices.
“The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election:
---b. Checking accuracy by doing the following:
---1. Simulating voting by entering sample votes on the voting device.
---2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically”

§ 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner.
“(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules and regulations relating to logic and accuracy testing of absentee ballot tabulating machines.
(b) Rules and regulations promulgated pursuant to this section shall ensure that:
--(1) All machines are thoroughly tested immediately following maintenance and programming thereof to determine whether:
----a. The voting system is properly programmed;
----b. The election is correctly defined on the voting system; and
----c. All of the voting system input, output, and communication devices are working properly;
--(3) Machines are publicly tested prior to use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election;”

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

This request is filed by Jonathan Rudenberg, a citizen of Delaware.

From: Office of the State Election Commissioner

Subject: FOIA Requests (JR041822) & (JR051022)

Email

Dear Jonathan Rudenberg -

The Delaware Department of Elections has received your Freedom of Information Act ("FOIA") requests:

"A digital copy of the statewide procedures manual(s) that Delaware election officials follow to fulfill their obligations in the following sections of Title 15 of the Delaware Code: § 5008A. Preparation of voting devices. "The Department shall certify that each voting device to be used in an election has been properly prepared and inspected by doing all of the following before each primary and general election: ---b. Checking accuracy by doing the following: ---1. Simulating voting by entering sample votes on the voting device. ---2. Counting by hand the votes on each paper ballot from the voting device and comparing the paper ballot totals to the totals kept by the voting device electronically"§ 5523. Logic and accuracy testing of absentee ballot tabulating equipment; authority of the State Election Commissioner. "(a) The State Election Commissioner, in consultation with the Department offices, shall promulgate rules and regulations relating to logic and accuracy testing of absentee ballot tabulating machines. (b) Rules and regulations promulgated pursuant to this section shall ensure that: --(1) All machines are thoroughly tested immediately following maintenance and programming thereof to determine whether: ----a. The voting system is properly programmed; b. The election is correctly defined on the voting system; and c. All of the voting system input, output, and communication devices are working properly; --(3) Machines are publicly tested prior to use to ascertain that they will correctly count votes cast for all offices and all measures in the upcoming election;" The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not."

Please see the Department records responsive to your requests, attached.

Thank you very much.

Best,

Cathleen Hartsky-Carter
Community Relations Officer/FOIA Coordinator
State of Delaware Department of Elections
905 S Governors Ave, Suite 170
Dover, DE 19904
302-739-4277
https://elections.delaware.gov<https://elections.delaware.gov/>
https://ivote.de.gov<https://ivote.de.gov/>
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