The MN Bidoncino - October 21, 2022

Audio provides a 90-second preview of the recap.

According to an online acquaintance, the Italian word bidoncino means “small trash bin”, which seems fitting for these weekly updates.

Don’t have time for the scrumptious details? That’s okay—enjoy these soon-to-be composted toppings just barely visible from under the pizza-shaped lid:

1) Anoka Ballot Board Member Submits Complaint After Observing Ballots ILLEGALLY Tabulated Before Polls Closed in Anoka County August 9, 2022 Primary Election

2) New System Supreme Court Case Dismissed on Laches, without prejudice

3) Commissioners, Supervisors, and Auditors Miss Opportunities to Improve Process Prior to Nov 8, But Election Judges May Hand Count Anyway

4) Dakota County Collusion with 2 Dominion Voting System Reps to Conceal 2020 CVR Data

5) Campaign Finance Violations Committed by Crow Wing County Commissioner Candidate—Attention Brought to Broken Laws by Robin Sylvester Who Previously Led Effective Election Canvassing in Crow Wing

6) CVR Cover Up Continues, with Notable Exceptions both in Minnesota and South Dakota

Anoka Ballot Board Member Submits Complaint After Ballots ILLEGALLY Counted Early in Anoka County before August 9, Primary Election

• Ballot Board worker observes law being broken as per Minnesota Statute 203B.121
• Tabulating votes early also provides the Office of the Secretary of State with data about overall voting behavior and potentially individual voter choices

If you are a ballot board member observing this illegal activity in the week prior to Nov 8, consider filing a complaint and sending a copy to erikvanmechelen@protonmail.com

New System Supreme Court Case Dismissed on Laches, without prejudice

• Dismissal without prejudice means case was not dropped on its merits
• Petition service of MN Supreme Court Case A22-1081 mysteriously leads to Rosemount City Council member resignation
• Service rules are unneeded friction in bringing election petitions to correct errors and omissions to public awareness
• Computerized electronic voting systems were used on Aug 9, 2022 and will be used on Nov 8, 2022

What actually motivated the council member to resign? Was it because her actions brought more attention to the petition which the Star Trib article brushes over?

For details of MN Supreme Court Case A22-1081, read:

• Order dated 22 08 09 - case dismissed on laches (the order makes clear that a dismissal based on laches is without prejudice)
• Declaration of David Maeda, Direction Elections OSS
• Secretary’s Response (MNSOS Steve Simon, submitted by Keith Ellison)
• Memo from Attorneys for Respondents
• Declaration of Rosemount City Council member Erin Fasbender

Commissioners, Supervisors, and Auditors Miss Opportunities to Improve Process Prior to Nov 8, But Election Judges May Hand Count Anyway

• Wright County - During Aug 1 Logic & Accuracy test, Commissioner says writer should have brought electronic concerns during prior Election Performance discussions, a pattern of deflection similar to Crow Wing Commissioners’ attempts to end further election improvement discussions stimied by the people, Sherburne 1st Amendment issues, and more recently in Olmsted where residents brought new evidence this week; image below, see Wright County’s decision on CVRs
• Hennepin County - No response after 7 days from Commissioners or Minneapolis City Council Members to Konnech letter requesting agenda item for County Commissioner Board Meeting to discuss Minneapolis’s recent contract extension with election company hosting American election data on Chinese servers; “No responsive data” reply given to data request for Rick Weible’s successful hacking into KnowInk epollbooks prior to declining the Hennepin County-suggested contract in 2016 (St. Bonifacius used paper pollbooks successfully)
• Faribault County Auditor Darrin Esser says he fears for his job if taking courageous action like Tina Peters in Colorado (see Mesa County Report #3 made possible by Mesa Clerk’s forensic image of DVS server before and after Dominion “Trusted Build” which deleted logs and revealed database manipulation making election results unverifiable in 2020 general election and 2021 Grand Junction municipal election), showing misunderstanding of what Tina Peters did versus what is being asked of him (provide the CVRs); Mr. Esser read a proposed resolution which said machines would be removed IF any issues were ever found (at a minimum this writer suggests Faribault County machine count AND hand count on election night to verify tabulator accuracy)
• After Stearns County Commissioner labels pseudo-patriots those asking reasonable questions, 3 residents made public comments and this writer responds (video); following week on 11 Oct, OSS sends David Maeda and Bill Ekblad to commissioner meeting reminiscent of Maeda’s deployment to Sherburne County after Sherburne cities and townships were alerted of new election software
• Linwood Township in favor of county publishing CVR but chooses not to discuss hand count until joint powers agreement reviewed—the 2021 Anoka Joint Powers Agreement, in section 17, states “The County does not warrant that the Election Voting Equipment System will be error free”; in separate city in same county, one county employee claims falsely that hand counts are illegal
• Why it’s important to vote in person (PDF)
• Head election judge asks a few questions about the oath and end of night signature, a legal and lawful option for election judges throughout the state of Minnesota

Dakota County Collusion with 2 Dominion Representatives to Hide CVR Data for 2020 General Election

• Email from decade-long Dakota Elections Manager Andy Lokken to Teresa Mitchell regarding a plan to make ballot images less accessible to public versus available alternatives

From:Mitchell, Teresa <Teresa.Mitchell@CO.DAKOTA.MN.US>Sent on:Wednesday, December 16, 2020 6:43:38 PMTo:Lokken, Andy <Andy.Lokken@CO.DAKOTA.MN.US>Subject:RE: CTCL grant and memory media  

Another good discovery for grant investment. So the DP sentiment is that since we had ballot images at one time that we would have to produce those electronic images in the event of a court order prompted by a DP request, even though we had the paper?  Perhaps a meeting would be good as I’d like to understand how strongly you and CAO support this recommendation.   Thanks for the well described and supported explanation.  My only technical question is on media retrieval from storage that is set for destruction.  Who/how will those be able to be retrieved and wiped for reuse? We will want to describe to Tom before making the purchase.  Can that be done this year yet? Teresa

From: Lokken, Andy <Andy.Lokken@CO.DAKOTA.MN.US>
Sent: Wednesday, December 16, 2020 11:29 AM
To: Mitchell, Teresa <Teresa.Mitchell@CO.DAKOTA.MN.US>
Subject: CTCL grant and memory media

Phillip Lundquist, Tom Donely, Jen Wolf, Phil Schmidt (Dominion), And Yvonne Cai (also Dominion) and I met a few minutes ago.

This meeting was about a recent data practices request for ballot images. As a group we agreed that ideally, we should seal the memory media containing the ballot images in with the ballots themselves. Capturing full ballot images in this voting system isn’t optional. But you don’t have to archive them in the server, you can keep them offline on the media. Since law hasn’t kept up with scanned ballot images- it only contemplates paper, we would be keeping the images on the memory cards safely with the paper. It takes a court order or other significant cause to open a sealed ballot transfer case before the retention period expires.

This plan would necessitate a significant purchase of memory cards. So naturally, I thought of the CTCL grant. Phil Schmidt told us that they have recently certified 16GB Compact Flash memory cards with their system. These are expensive, but available. Phillip and I will meet in the near future to come up with a recommendation.

They are $36.75 each, we’d need something like 2,200- $80,850.

The math is this:

We currently have 800-something memory cards.

A countywide election requires almost 800 memory cards. Phillip estimates 712, but we also need to account for cards that will be offsite, limited reburns, attrition, etc. A March Township Election is roughly 57 cards (remember, these are annual), a moderate SD election requires 80.

To manage a rolling 22 month cycle, Phillip and I estimate the county will need 3,000 memory cards. This would provide about 300 spares. We traditionally buy about 10% spares.

That’s why the 2,200 number.

I assume you’ll have some Qs. Should I set up a meeting?

Andy

Andy Lokken

Elections Director

Elections Department

P    651-438-4314

W   www.dakotacounty.us

A    1590 Highway 55, Hastings MN 55033

F    651-438-4391

Notice Mr. Lokken’s admission that “capturing full ballot images in this voting system isn’t optional” (seeming to contradict the MNSOS here) but also that “law hasn’t kept up with scanned ballot images- it only contemplates paper, we would be keeping the images on the memory cards safely with the paper. It takes a court order or other significant cause to open a sealed ballot transfer case before the retention period expires.”

Then Mr. Lokken’s significant word choice in the next paragraph, “This plan…”

He then suggests using the CTCL grant (Zuckerbucks) to fund the plan.

Campaign Finance Violations Committed by Crow Wing County Commissioner Candidate—Attention Brought to Broken Laws by Robin Sylvester Who Previously Led Effective Election Canvassing in Crow Wing

• A state college paid postage and possibly printed mailers
• Senator Carrie Ruud endorsed the candidate in the Brainerd Dispatch
• Robin Sylvester, also running for Crow Wing Commissioner, has filed a campaign finance complaint—readers are asked to consider Minnesota Statutes 211B.18, 211B.02 False Claim of Support, 211B.06 Campaign Material, and 211B.15 Contributions Provided

Cast Vote Record Cover Up Continues, With Exceptions

• Apparent ally of Mr. Simon, Max Hailperin’s thoughts on the value of CVRs and reference to residents asking for them from counties as “mules”
• Fillmore CVR Report Analysis (PDF) and Fillmore CVR Addendum (PDF) presented to Fillmore Auditor who provided parseable data to public even though vendor ES&S suggested way to provide unparseable data (Fillmore Sheriff and Attorney declined meeting)
• Ramsey County CVR provided, details to come
• South Dakota: Yes, CVRs exist!; Auditor in SD caught in lie; press conference on same; South Dakota Freedom Caucus demands transparency
• Most Minnesota counties continue to withhold CVR data from 2020, 2022 primary, and plan not to disclose for the 2022 mid terms in clear violation of data governance laws for government data while also failing to cite a statute in keeping with Minnesota data governance laws

A reminder of data governance laws relating to public data:

Minnesota Statute 13.03, Subdiv 1. states:

Public data.
All government data collected, created, received, maintained or disseminated by a government entity shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential.

Minnesota Statute 13.03, Subdiv 3. states:

(f) If the responsible authority or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon after that time as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.

It is telling that in the dozens of CVR rejection emails and letters (from the Cast Vote Record Cover Up Series here) including from attorneys not a single one has cited “the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based.”

If there was one, why wouldn’t it be included?

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We’ll be back next week with another recap of the Minnesota Bidoncino…