Texas Statutes Are Clear Regarding Elections

The Texas Election Code § 52.001 is clear. In Texas “the vote in an election is by official ballot.” The Texas Constitution and the Texas Election Code mandate an official Texas

ballot must contain the following:

1) Unique serial/ticket number — Texas Constitution, Article 6, Section 4, and Texas Election Code § 52.062)

2) Election name — Texas Election Code § 52.063

3) Election date — Texas Election Code § 52.063

4) Designation of “Official Ballot” — Texas Election Code § 52.064

5) Voting square to the left of each candidate’s name — Texas Election Code § 52.070

6) Voting instructions — Texas Election Code § 52.070

Texas Statutes Are Clear Regarding Elections

Furthermore, the Texas Election Code mandates the retention of three types of election records for computerized voting systems to document official vote results in Texas: 1. Ballot images must be retained: Ballot image storage — Texas Election Code § 128.001 Images of ballots cast — Texas Election Code § 213.016 2. Precinct returns must be returned and retained: Original precinct Returns — Texas Election Code § 66.022(1) Copy of precinct returns (Texas Election Code § 66.024(1)) Results/Tally tapes, signed by election judges (Texas Election Code § 66.024(1) and 2014 Texas Secretary of State Advisory Section 6.11) 3. Result computation and tabulation of the vote totals Result tabulation — Texas Election Code § 128.001)

There are three sets of election data Texas Legislature mandates: 1. Precinct Election Returns (Results/Tally tape) from election night— Texas Election Code

66.001 – 66.054 2. Ballot image storage — Texas Election Code 128.001(a)(2) 3. Result tabulation — Texas Election Code 128.001(a)(2)

ELECTION CODE TITLE 8. VOTING SYSTEMS

CHAPTER 128. COMPUTERIZED VOTING SYSTEMS http://www.statutes.legis.state.tx.us/Docs/EL/pdf/EL.128.pdf

Sec. 128.001. COMPUTERIZED VOTING SYSTEM STANDARDS. (a) The secretary of state shall prescribe procedures to allow for the use of a computerized voting system. The procedures must provide for the use of a computerized voting system with: (1) multiple voting for the input of vote selections on the ballot presented by a main computer; and (2) a main computer to coordinate ballot presentation, vote selection, ballot image storage, and result tabulation.

In the Travis County December Runoff elections, two of the three election records are missing: Precinct Returns and Ballot Images.

Texas Law requires that Ballot Images are used for Recounts

TITLE 13. RECOUNTS CHAPTER 213. CONDUCT OF RECOUNT

SUBCHAPTER A. CONDUCT OF RECOUNT GENERALLY Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT RECORDING ELECTRONIC VOTING MACHINES. During any printing of images of ballots cast using direct recording electronic voting machines for the purpose of a recount, the full recount committee is not required to be present. The recount committee chair shall determine how many committee members must be present during the printing of the images. Each candidate is entitled to be present and to have representatives present during the printing of the images in the same number as Section 213.013(b) prescribes for watchers for a recount. Added by Acts 2003, 78th Leg., ch. 583, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 22, eff. September 1, 2009.

During the Recount, the Travis County Clerk and Secretary of State claimed “ballot images,” and “images of ballots cast,” were not retained, could not be printed and thus could not be used for the Recount. They in turn printed and counted Cast Vote Records which are not referenced in Texas law and do not meet the statutory requirements of an official Texas ballot.

Texas Statutes Are Clear Regarding Elections

Pressley’s election contest case asserts the Travis County failed to retain two of the three official election records needed to validate the electronic voting results for her Austin City Council Run off election: 1. Ballot image storage/Images of official ballots cast — County did not retain images of official ballots and they only retained Cast Vote Records which do not contain components of an official ballot, 2. Original precinct returns (Results/Tally tapes) — County instructed election judges to not print Tally tapes.

Ballot Images are defined by Secretary of State

Per the SOS Glossary:

http://www.sos.state.tx.us/elections/laws/glossary.shtml

Travis County Cast Vote Record Travis County Ballot

Note: Travis County’s Cast Vote Records do not contain the legal components of a Texas ballot:

a) Unique serial number b) Date of Election c) Name of Election d) Voting Squares e) All candidate names f) Label of “Official Ballot”

Election Night Judges’ Envelope

Poll Watchers were prevented from monitoring and signing official election records

“I was prevented from signing the official Results/Tally tapes because election officials …were instructed to not print them.” --Paul Williams Official Poll Watcher

Texas Statutes Are Clear Regarding Elections

In addition, detailed evidence documents material mistakes and irregularities occurred with the third election record, the electronic vote result. In Pressley’s December runoff election there were: 1. More ballots than voters during early voting,

2. Mobile Ballot Box memory card corruption errors with the Tally main tabulation

computer on election night,

3. Security breaches of electronic voting systems,

4. Extended Logons of main election computers,

5. Obstructing official poll watchers from signing Results/Tally tapes,

6. Statistical analyses showing the vote tabulation is not credible,

7. Expert declaration regarding vote tabulation errors, ballot images, etc.

More Ballots than Voters for Early Voting

Ballot by Mails Reported/Recorded up to three times on different days

Duplicate Ballot By Mail Entries During Early Voting Reporting by Travis County

Hart InterCivic Equipment Audit Logs During Run Off Election Tabulation

Mobile Ballot Box (MBB) Where Ballot Images are stored

MBB Open 10 days

MBB Open 9 days

MBB Open 45 minutes

Pressley’s Election Results show repetitive mathematical patterns for the November General Election and the December Run Off

Evaluation of the Top 9 Precincts that comprised over 80% of the Total Vote in District 4

Election Overall Results refer to the total number of votes Pressley received divided by total Votes (Casar + Pressley) Average of unweighted precincts refers to taking the average of the Pressley’s Precinct results.

The Election Results and Average of unweighted precincts have no natural reason to correlate and they are virtually equal.

The next slides show a comparison of these values for other City Council Candidates vs Pressley’s.

Pressley’s Runoff shows a linear correlation between her November General Election Results vs December Runoff

Other Candidates do not show such a tight correlation

Many irregularities occurred as Travis County conducted the City of Austin’s City Council Runoff election

Our Texas elections must be held legally and our vote needs to be verifiable.

Dr. Laura Pressley has filed the first election lawsuit in Texas challenging vote tabulation errors by electronic voting machines and the lack of retaining mandated election records.

Remedies: Have Court of Appeals render an opinion and reaffirm 1. Texas Constitution and Statutes require counties to retain election records. 2. Make a ruling on Ballot Image, Results Tapes. 3. Secretary of State needs to hold counties to letter of law 4. Acknowledge corruption errors and vulnerability of electronic voting 5. Because results cannot be ascertained – New election

County Actions That Can Be Taken Now 1. Print Results Tapes 2. Save and Print Ballot Images – Contact Hart to enable this feature 3. Provide security of main computers 4. Provide security of Tally System on Election Night

Backup Documents

First time Cast Vote Record is referenced (2006)

Ballot Image is Referenced in Hart Patents awarded in 2003 Cast Vote Record not referenced (2003)

Travis County’s website states, the Hart eSlate“Captures an Image of each ballot cast…for manual recounts…”

https://www.epic.org/privacy/voting/tx/hart1of2.pdf

https://www.epic.org/privacy/voting/tx/hart2of2.pdf

2000 – SOS Certification documents reference Hart system and “ballot image.” “…ballot images are gathered…” —Terry Vickers, 2000 “The voter’s ballot image is stored in random locations…”—Tom Watson, 2000

“…ballot images remain on the voting machines themselves for recounts….” - Keith Ingram, SOS Office

ELECTION CODE TITLE 4. TIME AND PLACE OF ELECTIONS

CHAPTER 43. POLLING PLACES SUBCHAPTER A. NUMBER AND LOCATION OF POLLING PLACES Sec. 43.007. COUNTYWIDE POLLING PLACE PROGRAM. (a) The secretary of state shall implement a program to allow each commissioners court participating in the program to eliminate county election precinct polling places and establish countywide polling places for: (1) each general election for state and county officers; (2) each election held on the uniform election date in May; (3) each election on a proposed constitutional amendment; (4) each primary election and runoff primary election

Countywide Polling Centers were used and are not allowed by state law.

The Austin City Council Runoff was a Joint Special Runoff Election and is not listed in Texas Election Code as being allowed for Countywide polling locations:

Ballot by Mail are the only legal ballots that were recounted and those are exactly tied. The electronic Cast Vote Record results are not consistent with the legal ballot results.