The NH Legislature Passed a Law That Would Have Solved the Windham Vote Scandal…

by
Ed Naile

You know, there was a law passed by the NH Legislature that would have solved the Windham Scandal vote count issue. But as usual, a slight diversion occurred. That would be the same diversion that keeps happening to all legislation that seeks to have our elections in NH be fair and above board.

Related: Windham Election Scandal Week – It’s Not Over Yet

Here are the first three paragraphs of the RSA:

STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to post-election audits of electronic ballot counting devices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

  • New Section; Preparation of Voting Materials; Electronic Ballot Counting Devices; Post-Election Audit of Electronic Ballot Counting Devices.
  • Amend RSA 656 by inserting after section 44 the following new section: 656:45 Testing of Equipment to Conduct Post-Election Audit of Electronic Ballot Counting Devices.
  1. The secretary of state shall study the use of high-speed, optical/digital scan ballot counting equipment for use in conducting post-election audits of electronic ballot counting devices used in state and federal elections. The secretary of state may purchase, using existing department funds, equipment to conduct testing of the audit procedures.  Additionally, the secretary of state may, with the approval of the ballot law commission, use ballots cast in prior elections and may, with the approval of the municipality, used municipal ballots cast in prior elections to conduct such testing.
  2. Tested equipment shall meet the United States Election Assistance Commission’s Testing and Certification Program requirements, or be eligible for approval by the ballot law commission, and shall enable completion of any post-election audit between the day following an election and the day prior to the last day to request a recount.
  3. The secretary of state shall complete the study by November 1, 2020, and file a report on his or her findings with the ballot law commission and the appropriate house and senate committees.

In brief, as I see it, this RSA gives the Secretary of State and the NH Ballot Law Commission the ability to put to rest the accuracy of our Dominion AccuVote OS optical scanners – the only optical scanners municipalities are permitted, by law, to use. This 2019 statute, passed 7/23/2020, looks pretty simple, and the intent is clear.

  1. This statute says: “shall study.”
  2. For: post-election audits of electronic ballot counting devices.”
  3. “The secretary of state may purchase…”
  4. “Additionally, the secretary of state may, with the approval of the ballot law commission, use ballots cast in prior elections…”
  5. “and may, with the approval of the municipality, used municipal ballots cast in prior elections to conduct such testing.”
  6. The secretary of state shall complete the study by November 1, 2020 and file a report on his or her findings with the ballot law commission and the appropriate house and senate committees..”
  7. “or be eligible for approval by the ballot law commission,…”
  8. “and may, with the approval of the municipality, used municipal ballots cast in prior elections to conduct such testing.”
  9. “and shall enable completion of any post-election audit between the day following an election and the day prior to the last day to request a recount.”
  10. “The secretary of state shall complete the study by November 1, 2020 and file a report on his or her findings with the ballot law commission and the appropriate house and senate committees.”

What a great time to have our own, purchased, testing program to determine if the mandatory Dominion AccuVote OS optical scanners are scanners – not scammers!

Not so fast.

When did the study start? I have the relevant documents.

The Request for Proposal went out from the NH Secretary of State on October 13, 2020.

The Vendor’s Indication of Interest was to be: October 15.

The first conference call: 2:00 PM October 16.

Final State Response to Vendor Questions: October 19.

Proposal Due date: 4:30 October 23.

Target Signature date: October 27.

Test demo target time: November 9-20.

Report due from Contractor: November 23.

“Clear Ballot” looks like the only bidder. Their 16-page response was dated October 22, 2020.

Page #3 Paragraph 2:

“Clear Ballot has enjoyed a long-standing relationship with the NH Secretary of State’s Office.”

Now THIS is reassuring. Clear ballot provides audit technology to NYC, Broward and Palm Beach, Fla., and the states of Vermont and Maryland.

They would be some seriously heavy Democrat areas Clear Ballot caters to.

I looked through the proposal and saw no certificate from the United States Election Assistance Commission’s Testing and Certification Program. But I did not expect to. Maybe I can find a document from the NH Ballot Law Commission stating this company meets their standards? What do you think the odds are of that?

On November 30, 2020 it appears David Scanlon signed the contract. All I see is the signature.

Did we purchase the testing machines as stated in the statute and proposal?

Nope.

Looks like we only had a $25,116.00 test done. This test was to count copies of ballots used in a previous NH election.

In the end, the NH Swamp wins this one. No machine testing program, no report from the testing we assume might have, maybe, possibly, been done. No certified test machines or pass given Clear Ballot by the NH Ballot Law Commission.

And so far, no possible explanation or proof of an investigation of the “Windham Scandal” by anyone responsible for doing so at the state level.

This has been going on for twenty years.

Are you sick of it yet?

The players.

 

Author

  • Ed Naile

    Ed is a long time local activist and the Chairman of the Coalition of New Hampshire Taxpayers (CNHT).

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