Where is the Audit Trail?
Our group has been in search of the audit trail for our election system since late 2021. To date, we have not been provided any decrypted cast vote records (the audit trail) and only a few machine audit logs.
First we were told they don't exist.
Then we were told our machines don't make them.
Then we were told our machines make them, but we the people can’t have them.
Then we were told they are proprietary information and will reveal a voter.
Not a single auditor in the state knew what a cast vote record was. Not one. How is that possible? They are running elections with machines in full control over the vote count (completely unaudited until 2024) and have absolutely no idea what the audit trail is or how to review it; despite the fact the cast vote record has been a standardized requirement for EAC certification for vote tabulating machines since 2005. The EAC requirements can be found here. We are nearly 20 years down the road and we still don’t know what the machine standards are?? It’s like living in 2023 and not knowing how your cell phone works. Everyone has a cell phone and almost all business and social engagement is conducted on one, every illegal coming across the border has one, I own one, but am still going to claim I didn’t know it was connected to the internet via a cell tower. Really?? You have to be really out of touch to make a claim such as that.
Our Secretary of State’s office repeatedly told auditors and citizens that the cast vote record does not exist, although, per the Board of Elections Meeting Minutes from 10-30-2019, the cast vote record was discussed, as well as the software necessary for viewing it, not creating it. By the way, 62 of 66 counties in South Dakota DO NOT have the EMS system necessary for viewing the cast vote records and exporting them to a spreadsheet format for public viewing and auditing. They are flying completely blind. And the four counties that do would rather use your tax dollars to hire outside legal counsel to fight lawsuits for public disclosure of election records than to just cooperate and turn them over.
Then the SOS office said that it was illegal for the machines to take ballot images. But when questioned as to which law or rule they were referencing, it was admitted there was none. View video here.
The Secretary of State’s Office under Steve Barnett also denied public records requests for the contracts with ES&S for the purchase of voting machines. The records requests were denied stating there was no contract. That denial stood until another South Dakota political activist was able to obtain the records upon pressuring the SOS office to release them. (Also shown in the video link above.)
So what is the problem with these republican led offices telling the truth and being fully transparent? It’s a HUGE problem! Yet those who just want transparency and the truth are labeled unreasonable and crazy. Is South Dakota still looking as free as you thought it was?
It’s pretty easy, the cast vote record is required, not optional. The Standards mandate there is no personally identifiable information in the cast vote record, and specifically list each type of ES&S voting machine in South Dakota as creating a digital record of each ballot scanned into a cast vote record.
https://www.eac.gov/voting-equipment/voluntary-voting-system-guidelines.
https://www.eac.gov/sites/default/files/eac_assets/1/28/VVSG.1.0_Volume_1.PDF
https://www.eac.gov/sites/default/files/eac_assets/1/28/VVSG1.0Vol.2.PDF
The cast vote records are clearly defined by the National Institute of Standards and Technology (NIST), a division of the US Department of Commerce in its publication “NIST Special Publication 1500-103 – Cast Vote Records Common Data Format Specification Version 1.0” in section 2.1 (page 3). The NIST developed the standard and specifically says the intended audience is the general public! Why? Because without an audit trail, there is no transparency. With no transparency, there is no public trust.
https://pages.nist.gov/CastVoteRecords/
https://doi.org/10.6028/NIST.SP.1500-103
Our friends in Nebraska share the exact same problems we have here in South Dakota. They are another ES&S only state. They have also requested election related documents and reports, only to be lied to and denied access, just like in South Dakota.
Nebraska's election code allows for hand counts; so does South Dakota. Nebraska's election officials are loyal to E&S, not the taxpayers of the state. The same is true in South Dakota. Nebraska citizens obtained two cast vote record files from honest clerks. TWO, out of 93 counties! Same in South Dakota. TWO, out of 66 counties! Frankly, all the ES&S only states have the same exact problem.
Some of our first records request denial letters said “After consulting with ES&S, we are denying your request.” or “ES&S considers this proprietary information.” We didn’t ask ES&S for the information. We asked the County Auditors for the information. The County Auditor, who is elected by the people, to serve the people, is in charge of the elections and custodian of the records. Their salary is paid by taxpayer dollars, and the equipment and the records produced are paid for by taxpayer dollars. The elections belong to the people, and so does the audit trail. Who is really running our elections?
In June of 2022, the State Bar Association had a meeting. The main topic of discussion was election law. Now this is highly unusual, as very few lawyers have much experience dealing in election law. And after that, all 66 counties in South Dakota sent back almost identical denial letters. So not a single Auditor in the state realizes the authority given them by the Constitution, nor seems to remember the oath they swore to the Constitution.
Why are we using machines when the paper ballots are locked in a box, never to be looked at again, and can be destroyed after 22 months? Why are we using machines when the audit trail is hidden (and lied about), the source code is secret, ES&S can claim anything is proprietary, and the citizens really can’t see anything when the machines count the ballots? There is no transparency in this process whatsoever.
A recent Rasmussen poll showed the majority of American’s don’t trust the elections. 80% of republicans don’t trust the elections. HUGE: Rasmussen Poll Reveals a Majority of Americans (60%) Believe that Recent Elections Were Affected by Cheating
From Captain Seth Keshel:
Update: A new high in voter distrust of the 2020 election results is set today.
"How likely is it that cheating affected the outcome of the 2020 presidential election?"
Likely / Not Likely -
Dem: 45% / 50%
Ind: 64% / 28%
Rep: 80% / 16%
All: 62% / 32% (new record high)
Our State is largely republican, most office holders are republicans, our Secretary of State is a republican, but they don’t seem to understand that continuing on with this charade of the “gold standard” is just further disenfranchising voters who do not trust the system. Many have just stopped voting because they feel it won’t count anyway.
This is an utter failure of the elected officials of the state. It is their job to restore public trust. It is their job to prove to us that the elections are fair and secure. But they’ve done nothing to prove it. The facts are there. People do not trust this system. So what are they going to do to fix it? Currently, it seems the plan is to stick with the status quo and pretend like everything is fine, deny the records, and hope the citizens give up. That’s what they want you to do: GIVE UP. Well, SD officials, this is your wake up call. The citizens will not give up. They are just getting started.
Look at our friends in Nebraska who are actively seeking to defund the machines, county by county, just like South Dakota.
Powerful Messages to Delay Election Funding - Have a Public Hearing - Decisions Will Be Made in July!
at the Lancaster County Commissioners Meeting START AT 27:30 minute mark! We URGENTLY NEED YOU WITH US!
TUESDAYS 9 am, 555 S 10th St Lincoln or at YOUR COUNTY Commissioners Meeting! Documented Research & Election Verification can be presented from Nebraska Voter Accuracy Project's website plus YOUR TESTIMONY!
Five counties in South Dakota have tabled the renewal of the ES&S contracts per the request of the citizens. There are more people working on this every day. But nothing will change unless YOU demand it.
People aren’t too stupid to count, regardless of how many times it’s said. People understand when their rights are being violated. People still love God and Country. We will return our elections to the People. But it won’t be without a fight. If you’re ready to engage, we have a place for you. Join us!