Local activist candidate for Broward Election Supervisor denied access to ballot recount : Miami IMC

Ellen Brodsky called Susan Pynchon, Florida Fair Elections Coalition and candidate for Volusia County, FL Supervisor of Elections and asked her to relay this to everyone:

She has been denied access to the Broward County recount (I don't know which race it is), which began at 8 am this morning, because, according to Ellen, they told her they were "afraid she might cause a disturbance." She was standing outside the building when she called me.

I just called an attorney who confirmed that this is in violation of Florida's Sunshine laws. They can't lawfully prevent her from entering the building, but could only evict her if they determine that she was actually causing a disturbance, not on the fear that she "might."

Furthermore, Broward County has a history of obstructing citizens who try to monitor elections or who try to get public election records. In this case, Ellen told me that she asked them what would constitute a disturbance, and they said, "standing up" would be a disturbance.

In my opinion, this is also in violation of Florida Statute 104.29, which reads as follows:

104.29 Inspectors refusing to allow watchers while ballots are counted.--The inspectors or other election officials shall, at all times while the ballots are being counted, allow as many as three persons near to them to see whether the ballots are being correctly read and called and the votes correctly tallied, and any official who denies this privilege or interferes therewith is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

Not only is Ellen a longtime election integrity activist, she is also a candidate for Broward County Supervisor of Elections. This is an appalling violation of her rights as a citizen, as a voter, and as a candidate.

Sun Sentinel reporter Akilah Johnson wrote in her article "Candidate barred from observing recount":

"At least one person was disappointed she didn’t get to see Broward County elections officials finish hand-counting 95,855 ballots in a judicial race Sunday in Lauderhill. Ellen H. Brodsky, an unaffiliated candidate challenging incumbent Brenda Snipes for supervisor of elections in the Nov. 4 general election, said she arrived about 2 p.m., driver’s license in hand, to be an election observer. Exactly what happened next is disputed. Brodsky says she was disenfranchised; elections staffers say she was disruptive. They agree on this: Brodsky was banned from the building, unable to see Mardi Anne Levey win a runoff spot for Group 3, Broward Circuit Court. “I’ve been sitting in the parking lot all afternoon,” Brodsky said during a cell phone call to the Sun Sentinel from outside the elections warehouse."

On Saturday, August 30th Ellen Brodsky sent this email to Broward voters and community activists, asking them to attend a Broward County recount at the Voting Machine Warehouse on Sunday August 31st:

Dear Broward Voters,

It is of crucial importance that you take the time to attend the Broward County Supervisor of Elections Voting Machine Warehouse today at 1501 NW 40th Avenue, behind the Lauderhill Mall. Broward is doing a recount of all ballots cast in the Aug. 26, 2008 for the race of:

CIRCUIT JUDGE, 17TH CIRCUIT, GROUP 3
779 of 779 Precincts Reporting

..............................................Percent Votes
Bernard Isaac 'Bernie' Bober...38.30% 36,751
Pedro E Dijols.........................30.79% 29,548
Mardi Anne Levey...................30.91% 29,659
................................................TOTAL 95,958

There is nowhere to be found on the Supervisor of Elections website http://www.browardsoe.org that this recount is even taking place, the procedures, or the test plan. There is nowhere to be found the preliminary election results including the over votes and the undervotes cast for each voting method.

By not posting publicly on the website it is clear the Supervisor of Elections is attempting to suppress public interest and turnout.

Please ask the SOE where it is posted and why it isn't on the http://www.browardsoe.org website?

Please ask the SOE to post the recount results on the http://www.browardsoe.org website as well. The only notice is the initial canvassing board notice attached, nothing about the recount.

This is the first real test of the new optical scan voting system being used in Broward for this November election. That is why it is so important that you attend.

The original election night ballots were cast using the new DS200 Optical Scanners and the ballots are being machine recounted on 9 High Speed Absentee Ballot Scanners the M650s in order to be able to easily separate the under votes and over votes.

The whole procedure is by law open to the public.

If after this first machine recount there are sufficient over and undervotes to effect the outcome of the race, all these over votes and undervotes will be manually counted.

Please attend and show the county and the media that Broward Voters want to see, and hear how their votes are being counted.

08/15/2008 BROWARD COUNTY SUPERVISOR OF ELECTIONS OFFICE IS SET TO DELIVER THE VOTING MACHINES FOR THE PRIMARY ELECTION
08/14/2008 Early Voting Begins in Broward County
08/08/2008 Prepared For Early Voting
08/08/2008 Important Florida Primary Voting Information
07/15/2008 Voter Registration and Book Closing for the Primary Election
06/16/2008 Pollworker Recruitment

Voting Machine Warehouse.
1501 N.W. 40th Avenue, Lauderhill, Florida 33315.
SOE phone number 954-357-7050.

All My Best,

Ellen H. Brodsky
Founder Broward Election Reform Coalition http://groups.yahoo.com/group/electionreform/
and Non-Partisan Candidate for Supervisor of Elections
http://www.runellenrun.com
To enable Citizen Ownership of a Transparent Participatiory Democracy!
(Creekside Resolution!)

On Wed, 9/3/08, Ellen H. Brodsky <ehbrod@yahoo.com> wrote:

From: Ellen H. Brodsky <ehbrod@yahoo.com>
Subject: [electionreform] BERC ALERT! Public Notice of Canvassing Board to Reconvene for Post Election Audit
Date: Wednesday, September 3, 2008, 1:25 PM

Just a note. Mary Cooney, Public Relations contact told me the Election was certified by the Canvassing Board on Sept. 1, at 4 PM.

PUBLIC NOTICE OF THE LOGIC & ACCURACY TEST OF AUG. 6 & THE MACHINE RECOUNT AND MANUAL RECOUNT HAD NOT BEEN POSTED ON THE browardsoe.org website.

ONLY THE RESULTS OF THE JUDICIAL MANUAL RECOUNT OF THE OVER AND UNDERVOTES.

If you call the Broward SOE even though it is Wednesday, a working day, the office has a recording that it is closed. Call at 954-357-7050 to leave a message and ask why they are closed?

I am trying to find out what the manual audit plan is and when it will begin.

Please go to the Voting Machine Warehouse today and join me tomorrow morning at 9 AM for the Post Election Manual Audit.

See how the precincts are randomly selected and that all precincts with a countywide race have an equal chance of non-electronically of being selected.

The Post Election Manual Audit is supposed to consist of 1-2% of a randomly selected countywide race.

Please bring with you the State requirements of how the post election audit is supposed to be conducted by law. Follow along and see that everything is being done according to law. Make sure you can see and hear all ballots being viewed. If the canvassing board does not allow you to get close enough, bring a videocamera to record the proceedings. By law the county must provide a way for you to see and hear all ballots being called even if done with microphones, screen projections and all available alternative media. If you cannot see and hear every ballot being called and counted the county is NOT complying for FL Law.

Please rsvp to Ellen H. Brodsky, 954-973-2819, ehbrod@yahoo. com that you will be in attendance and joining me to observe the audit on Sept. 4 or that you will be attending this afternoon.

It is important for you to attend to show the County and the Media that you want to see and hear how our votes are being counted and to be a part of the process.

THE POST ELECTION MANUAL AUDIT IS BY LAW OPEN TO PUBLIC. http://election. dos.state.fl.us/rules/emergency- rules/index.shtml

1SER08-4(1S- 5.026) Post Election Certification Voting System Audit

Effective July 1, 2008
* Text of Emergency Rule
http://election.dos.state.fl.us/rules/emergency-rules/pdf/1SER-08-04Post-ElectionCertVotingSysAuditFinal07-01-08.pdf
* Notice Including Justification
http://election.dos.state.fl.us/rules/emergency-rules/pdf/NoticeJustificationR1SER08-4.pdf
* Form DS-DE 105A Audit Team Worksheet for DRE Ballots
http://election.dos.state.fl.us/rules/emergency-rules/pdf/DSDE105A_AuditTeamWorkshtDRE_BallotsFinal07-01-08.pdf
* Form DS-DE 105B Audit Team Worksheet for Marksense Ballots
http://election.dos.state.fl.us/rules/emergency-rules/pdf/DSDE105BAuditTeamWorksht%20MarksenseBallotsFinal07-01-08.pdf
* Form DS-DE 106 Precinct Summary
http://election.dos.state.fl.us/rules/emergency-rules/pdf/DSDE106PrecinctSummaryFinal07-01-08.pdf
* Form DS-DE 107 Voting System Audit Report
http://election.dos.state.fl.us/rules/emergency-rules/pdf/DSDE107VotingSysAuditRepFinal07-01-08.pdf

This is all about "Citizen Ownership of a Transparent, Participatory Democracy."
(Creekside Resolution, March 22, 2008)

Ellen H. Brodsky

Founder, Broward Election Reform Coalition

--------------------------------------------------------------------------------

http://www.browardsoe.org

Public Notice of Canvassing Board to Reconvene for Post Election Audit

PUBLIC NOTICE

Public Notice is hereby given that, pursuant to 101.591, F.S. and Rule 1S-ER08-04, F.A.C. that the Canvassing Board will convene on Wednesday, September 3, 2008, beginning 12:30 p.m. to conduct the Post-Election Certification Voting System Manual Audit.

The Canvassing Board will re-convene on Thursday, September 4, 2008, beginning 9:00 a.m. through 5:00 p.m. to continue the Manual Audit Procedure.

The Canvassing Board will re-convene if necessary, on Friday, September, 5, 2008, beginning 9:00 a.m. through 5:00 p.m. to complete the Post-Election Certification Voting System Manual Audit.

The Manual Audit will be conducted at the Supervisor of Elections Voting Equipment Center, 1501 N.W. 40th Avenue, Lauderhill, Florida.

Dr. Brenda C. Snipes
Supervisor of Elections,
Broward County