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Request to SoS | Timothy Carlson
From: Timothy Carlson <trrunalot@yahoo.com>
Sent: Friday, September 9, 2022 1:59 PM
To: sos@sos.iowa.gov
Cc: Tim <trrunalot@yahoo.com>
Subject: Re: Linn County 2020 Election Cast Vote Records Request – FOIA RequestTimothy Lee Carlson
Street
City/State/Zip
September 9, 2022
Paul D. Pate
Secretary of the State of Iowa
First Floor, Lucas Building
321 E. 12th St
Des Moines, IA. 50319
Dear Iowa Custodian of Records,
1. I request all communications between the [state] Secretary of State’s Office and any person acting in the capacity of an election official, clerk, or County Commissioner in any county in the state between the dates of May 1, 2022 and the present that discuss the terms “Cast Vote Record”, “CVR”, or “Mike Lindell”
2. I request all communications between the [state] Elections Office and any person acting in the capacity of an election official, clerk, or County Commissioner in any county in the state between the dates of May 1, 2022 and the present that discuss the terms “Cast Vote Record”, “CVR”, or “Mike Lindell”
3. I request all communications between the [state] Secretary of State’s Office and any representative of the following companies: Dominion Voting Systems Corp, Election Systems & Software, Inc, Microvote General Group, Unisyn Voting Solutions, Smartmatic or Hart InterCivic, Inc. that discuss the terms “Cast Vote Record”, “CVR”, or “Mike Lindell”
4. Definition of “communications”: All letters, emails, texts, faxes, and voice call recordings between the parties specified in 1-3.
Best,
Timothy Lee Carlson
*************************
On Aug 29, 2022, at 11:56 AM, Tim <trrunalot> wrote:
Did I miss your response? Thanks
Tim
*************************
On Aug 22, 2022, at 1:33 PM, Timothy Carlson <trrunalot> wrote:
Pursuant to our state’s freedom of information law, please remit the Cast Vote Records for Linn County, Iowa from the 2020 General Election. These records should include the following fields at a minimum:
CVR Record #
Timestamp
Tabulator ID
Municipality
Precinct
Batch ID
Record ID
Counting Group
Session Type
Ballot Type ID
Paper Index
Contest
Candidate
Undervotes
Overvotes
Mark DensityPlease let me know If you have any questions. I appreciate your assistance with this.
Best,
Timothy L Carlson
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#FactCheckFriday | Office of Iowa Secretary of State
From: Hall, Kevin <Kevin.Hall@sos.iowa.gov>
Sent: Friday, September 9, 2022 10:14 AM
Cc: Burhans, Heidi <Heidi.Burhans@sos.iowa.gov>
Subject: FactCheckFriday postsDear County Auditor,
To help us dispel misinformation and disinformation about Iowa’s elections, in addition to our #MythBustinMonday posts, we are adding a weekly #FactCheckFriday one. Here is today’s:
Caption: Today’s #FactCheckFriday debunks a claim that elections would be more secure with only hand counted results. For more information, visit sos.iowa.gov/electionsecurity
Twitter: https://twitter.com/IowaSOS/status/1568244966241046530
Feel free to share on your pages.
Thanks. Have a great weekend! Go Cyclones. 😊
Kevin Hall – Communications Director
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Alleged Ballot Traffickers Take Photos of Their Ballots | Gary Ellis
From: GARY ELLIS
Sent: Sunday, September 4, 2022 1:29 PM
To: Miller, Joel
Subject: EXCLUSIVE: Part 1 – Surveillance Videos Show Alleged Ballot Traffickers Take Photos of Their Ballots in Detroit, MIGary Ellis
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Sounds like out of staters would have been allowed to vote | Gary Ellis
From: Gary Ellis <egarye@icloud.com>
Sent: Saturday, September 10, 2022 8:28 AM
To: Zack Kucharski <zack.kucharski@thegazette.com>
Cc: Miller, Joel <Joel.Miller@linncountyiowa.gov>; Todd Dorman <Todd.Dorman@thegazette.com>; James Lynch <james.lynch@thegazette.com>; Quinn Pettifer <quinn.pettifer@thegazette.com>; Althea Cole <altheacole8@gmail.com>
Subject: Legal Voting
Your editorial today suggested that the Auditor would have let a voter who had moved out of state vote.
“Joel Miller said many challenged registrations were for voters who moved out of state. … Grant Veeder said many of the questioned registrations would have been canceled anyway if the registrants failed to vote in November.”
Sounds like out of staters would have been allowed to vote in both Linn and Black Hawk.
So nothing was stopping these people from voting besides the challenges even though they had moved out of state.
How did Linn and Black Hawk learn the voters had moved out of state? From the challenges?
What happened ti the challenges that were not people who moved out of state? Were people removed for other reasons? Did the Auditors follow the law?
The Gazette again admits they do not understand if there was election fraud because they have no idea how the process works.
You BIG LIE is DECEPTION and WILLFUL IGNORANCE
Gary Ellis
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#MythBustinMonday| Office of Iowa Secretary of State
From: Hall, Kevin <Kevin.Hall@sos.iowa.gov>
Sent: Monday, September 12, 2022 10:15 AM
Cc: Burhans, Heidi <Heidi.Burhans@sos.iowa.gov>; Hicok, Wes <Wes.Hicok@sos.iowa.gov>
Subject: Today’s MythBustinMonday postDear County Auditor,
Here is this week’s #MythBustinMonday social media post, to dispel some of the election misinformation and disinformation out there. Please feel free to share these on your own pages. We plan to release one each Monday ahead of the November general election as well as a #FactCheckFriday one.
We’re also directing Iowans to the Election Security in Iowa page on our website: Election Security in Iowa
Here is a graphic you can utilize today: Mythbustin+Monday.png (1600×900)
Caption: On today’s #MythBustinMonday we’re taking a look at the steps to keep Iowa’s voter rolls clean. For more info, visit sos.iowa.gov/electionsecurity.
You can also share our social media posts:
Twitter post: https://twitter.com/IowaSOS/status/1569339008303366144
Facebook post: (17) Facebook
Linkedin: (8) Post | Feed | LinkedIn
Please let me know if you have questions or need more information.
Thanks, Kevin Hall – Communications Director
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Official “points” 6/21/2022 and direction 6/9/2022 | Office of Iowa Secretary of State
From: Widen, Molly <Molly.Hammer@sos.iowa.gov>
Sent: Tuesday, June 21, 2022 10:57 AM
To: Widen, Molly
Subject: RE: Cast Vote RecordGood Morning Auditors, Deputies and Staff:
Thank you for your patience as our office learned more about this request. Our office would ask that you work with your County Attorney to respond to the requester.
Below are some points our office would encourage you to share with your County Attorney as they assist you in authoring your response:
- In Iowa, a “cast vote record” as it is defined by the requester is not generated in the course of conducting an election.
- Iowa’s election laws do not require the creation and preservation of a “cast vote record” as it is defined by the requester in the course of conducting an election.
- Iowa Code §50.12 makes it very clear that voted ballots, and therefore any report that contains information on how individual ballots were cast, are allowed to be opened and viewed “only for an official recount authorized by section 50.48, 50.49, or 50.50, for an election contest held pursuant to chapters 57 through 62, to conduct an audit pursuant to section 50.51, or to destroy the ballots pursuant to section 50.19.” An open records request filed pursuant to Iowa Code chapter 22 is not one of the reasons enumerated in Iowa Code §50.12 for which information related to individual ballots may be viewed.
Please let me know if you have any additional questions.
Sincerely,
Molly M. Widen
Legal Counsel
Office of the Iowa Secretary of State
Office: (515) 281-5864
Mobile: (515) 210-4634
Email: molly.widen
From: Widen, Molly [SOS]
Sent: Thursday, June 9, 2022 4:47 PM
To: Widen, Molly [SOS] <Molly.Hammer@sos.iowa.gov>
Subject: Cast Vote Record
Importance: HighGood Afternoon Auditors, Deputies and Staff:
It has come to my attention that many, if not all, of you have received an email requesting the “Cast Vote Record” for your County from the 2020 General Election.
Our office is reviewing this request, and will provide you with more information as soon as it is available.
While you await additional information, do not fulfill this alleged “sunshine request.”
If you have any additional questions, please reach out to me directly.
Sincerely,
Molly M. Widen – Legal Counsel
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Official reply | Ringgold County Auditor to Kathryn Heilesen
From: Amanda M. Waske <awaske@ringgoldcounty.us>
To: Kathryn HeilesenSubject: Response to CVR Request
Ms. Heilesen:
On September 2, 2022, you e-mailed my office a Freedom of Information Act request for election information. The Freedom of Information Act provides a right for citizens to receive certain information from federal offices and/or agencies. Ringgold County is a county entity and is therefore not subject to the Freedom of Information Act.
I will treat your request as a public records request under Iowa Code § 22.4.
The Iowa law does not require creation or preservation of the record of the electronic information you have defined it in your request. This electronic data is not a public record maintained by my office, and therefore is not subject to a public records request. My office generated a public statement of the totals of the votes cast in the 2020 election. I can provide that document to you and you can compare it to the voting totals reported by the Secretary of State for Ringgold County.
Further, Iowa Code §50.12 prohibits opening or otherwise viewing information on how individual ballots were cast, except in certain limited circumstances that do not apply to your request. This would include the disclosure of information or data that could be used to trace back and determine how individual ballots were cast. So even if the records you seek did exist, the County is statutorily prohibited from opening and disclosing them to you because this data would be considered confidential and not subject to a public records request.
For these reasons I cannot provide the electronic data you have requested. Let me know if you want a copy of the public statement I issued concerning the voting totals for the 2020 election.
Amanda Waske – Ringgold County Auditor
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Request | Nina Swan-Kohler & Ronald Kohler
… please remit the Cast Vote Records for Linn County …. (click on the link below to read request)
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Request & Reply | Cheryl Tillman
From: Warfield, Matt
Sent: Wednesday, August 24, 2022 4:40 PM
To: Cheryl Tillman <cheryl.tillmania>
Cc: Cheryl Tillman <cheryltillmania>
Subject: RE: Detailed request for ReportsHi Cheryl,
Thank you for your request. Part I looks like a duplicate request of CVR as specified. As you’re aware, this information is embedded within confidential log files which renders the log files confidential. I’ve also attached the Linn County Resolution 2017-10-154 which addresses confidential information. I did look in the ES&S User Guide, page 37 which has to do with ballot layout design. Not sure where your reference is from but it doesn’t appear to be accurate. The reference you’re using may be for another state.
Part 2 – Ballot Manifest Reports (or Ballot Manifestos) are not part of the Iowa election system so those reports do not exist. The closest I can offer is the voter list report that includes vote method. However, that doesn’t break down absentee voting into mail, early, satellite, UOCAVA, HCF, Safe-at-Home, and Provisional. I do believe you already have that voter list report. Let me know if that is not the case.
With this being for educational purposes, what is the aim of the class and which institution? While these are not requests I’m able to fill, perhaps if I know what you’re looking for, I may be able to suggest something that works towards that aim.
Thanks again,
MATT WARFIELD
Deputy Commissioner of Elections
AUDITOR’S OFFICE
935 2ND St. SW | Cedar Rapids, IA 52404Ph: 319-892-5319 | Fax: 319-892-5359LinnCountyIowa.govFrom: Cheryl Tillman <cheryl.tillmania>
Sent: Wednesday, August 24, 2022 3:38 PM
To: Warfield, Matt <Matt.Warfield>
Cc: Cheryl Tillman <cheryltillmania>
Subject: Detailed request for ReportsHi Matt,
PART 1 – I am requesting a text, comma, or tab delimited file, or a text-based report, listing, in the sequence processed by the county, every ballot, its sequential ID, its timestamp, its method of voting (for example: in-person, mail-in, provisional, absentee, “other”, etc. – any and all ballots that were tabulated as part of the 2020 General Election), the specific votes contained for all races, and the batch ID and tabulator ID.
Should any fields not be available, please include the fields which are. To be clear, I am NOT requesting a summary report of votes, I am requesting a per-ballot report. This set of information is sometimes known as a “Cast Vote Record” (CVR), “ballot log”, or a “summary of ballots”.
If the data exists as multiple files or reports, for instance by batch or by precinct, you do not need to aggregate them, please send the individual files. I specifically do not want any information that identifies a specific voter, and I guarantee and stipulate that this information will not be used for that purpose.
A report of this type would have very likely already been created when Linn County audited their election results. If not, you can refer to the instructions outlined in the ES&S Electionware Volume V Results User’s Guide starting on page 37.
PART 2 – I am also requesting the Ballot Manifest Report (also known as the Tabulator Batch Report) for all ballots including the tabulation of the results of the Nov. 3, 2020 general election. This report should include the information that specifies the method by which each ballot was cast. (ie: in-person, by-mail, provisional, absentee, etc.)
I am hopeful that someone will be able to generate these reports. Since this request is for information that will be used for educational purposes, and is not intended for commercial use, I would like to also respectfully request that any fees be waived.
Ideally, I would like to receive the reports via electronic transmission.
Sincerely,
Cheryl Tillman
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Request & Reply | Timothy Carlson
From: Warfield, Matt
Sent: Monday, August 29, 2022 12:24 PM
Subject: RE: Linn County 2020 Election Cast Vote Records Request
Hi Tim,
The information within your public records request is contained within the ballot scanner log files. Much of the other information within the log files is sensitive to the secure operation of those scanners. As such, these log files fall under Iowa Code 22.7(3)(50) pertaining to confidential records which are exempt from public records request.
Thank you,
MATT WARFIELD
Deputy Commissioner of Elections
AUDITOR’S OFFICE
935 2ND St. SW | Cedar Rapids, IA 52404
Ph: 319-892-5319 | Fax: 319-892-5359
LinnCountyIowa.gov
—–Original Message—–
From: Tim <trrunalot@yahoo.com>
Sent: Monday, August 29, 2022 11:56 AM
To: Miller, Joel <Joel.Miller@linncountyiowa.gov>
Subject: Re: Linn County 2020 Election Cast Vote Records Request
Did I miss your response? Thanks
Tim
> On Aug 22, 2022, at 1:33 PM, Timothy Carlson <trrunalot@yahoo.com> wrote:
>
> Pursuant to our state’s freedom of information law, please remit the Cast Vote Records for Linn County, Iowa from the 2020 General Election. These records should include the following fields at a minimum:
>
> CVR Record #
> Timestamp
> Tabulator ID
> Municipality
> Precinct
> Batch ID
> Record ID
> Counting Group
> Session Type
> Ballot Type ID
> Paper Index
> Contest
> Candidate
> Undervotes
> Overvotes
> Mark Density
>
> Please let me know If you have any questions. I appreciate your assistance with this.
>
> Best,
>
> Timothy L Carlson