Payment for the Texas Front

I spoke with Gwinda Jones from Erath County, yesterday. Here is my reposnse letter to her.

[Redacted]
Germantown, WI 53022
September 2, 2005

Gwinda Jones, Erath County Clerk
100 W Washington
Stephenville, TX 76401

Dear Ms. Jones

As per our conversation please find enclosed check in the amount of $37.53. This check is to cover the cost at $1.00 per page of Item 1 of my PIA request dated September 2, 2005. I have enclosed a copy of the original PIA for reference.

In our phone conversation you mentioned requests 2 through 5 are empty because there are no contracts between Erath County and any of the AccuPoll partners mentioned: AmCad, Scott-Merriman , Source Technologies or Unisys. I would like this statement in writing, please.

In our phone conversation you mentioned requests 6 and 7 are empty because you have received no documents from either independent testing authority (ITA) used to support the AccuPoll certification number, FEC N-2-13-22-22-001 (2002). I would like this statement in writing, please.

As an aside, I find this absence of ITA documentation particularly odd. As county clerk you will need at least the Physical Configuration Audit (PCA) submitted by AccuPoll to the ITA under section 8.7.1 of the EAC 2002 certification standards. The PCA insures the system delivered to Erath County is the system covered by the certification number,FEC N-2-13-22-22-001 (2002). For this very reason, Wisconsin statute requires ITA reports and documents be produced. Texas law may be different. But, even without the requirement of Texas statute, I would think you, in your office as county clerk, would need the ITA documents. The use of non-certified equipment could open Erath County up to legal liability under HAVA should a citizen of Erath county discover the election machinery delivered was not the election machinery covered by the certification number.

In our phone conversation you mentioned requests 8 and 9 are premature since no machinery or software has yet been delivered. Thus, there are no software licenses or re-distributable code available. I would like this statement in writing, please.

Thank you for your time in this matter.

In Liberty

John Washburn