Addressing the response to a public record request for the cast vote record part 2

The County of Los Angeles responded to the Public Records Request proposed by this site.  That response and your Irascible Correspondent’s analysis is contained in a previous article on this site.  The County was minimally responsive to our request, throwing all kinds of misdirections, misinformation, obstructions and fantasies just to see what would stick, and proposing to charge a monstrous fee for doing what has already been done in the normal course of business.  This ridiculous fee, like everything else they said, is intended to make us drop the request.  As we have no intention of dropping the request this requires a letter in response refuting their claims point by point.  Anything not refuted stands.  Use the below template ONLY IF THE COUNTY HAS REPLIED TO YOUR PUBLIC INFORMATION REQUEST.  Your Irascible Correspondent believes that very few people that wrote will receive a reply as the County workers would quickly notice the similarity of the requests coming in, correctly deduce that the flood of letters (if such there be) is the result of a coordinated effort which would make them suspicious and uncooperative.

It should be noted that the County is not likely to accept the monetary settlement proposed here.  Let it be up to the individual citizen to decide how to negotiate that.  Certainly seeking an appointment with Mr. Logan and negotiating face to face is acceptable.  It is also acceptable to post these objections and refutations on individual social media.

---

[Your Name]
[Street Address]
[City, ST ZIP Code]

[Date]

Dean C. Logan
Los Angeles County Registrar Recorder/County Clerk
12400 Imperial Hwy.
Norwalk, CA 90650

Dear  Mr Logan:

Thank you for your quick reply to my [DATE] Public Records Act Request, and thank you for providing immediate access to a portion of that request, namely, the information contained in the VSAP Tally system.

To be clear, allow me to reiterate my request and your response:

“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.

PART 2: I am also requesting the Ballot Manifest Report (also known as the Tabulator
Batch Report) for all ballots included in 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.)

PART 3: I am also requesting the ballot images, both pre image and the post image scan
for all mail in and absentee ballots cast.”

Under the Public Records Act, the County of Los Angeles (County) has a duty to disclose records
to the public to the extent the County understands the request, responsive records exist and can
be located, and the information contained in the responsive records are not subject to, in whole
or in part, legal exemptions from disclosure. However, the Public Records Act does not require
the County to answer questions or to create a record that does not exist at the time of the request.
(See Gov. Code § 6252(e); Haymie v. Superior Court (2001) 26 Cal.4th 1061, 1075.)

You are absolutely correct.  I do not expect you to create non existent records nor compile reports to satisfy my request..  All I am asking for is existing reports.

Your reply continues:

Regarding Part 1 of your request, “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,” the request seeks information
that requires data compilation, extraction, or programming to produce, which you are required to
pay for pursuant to Government Code section 6253.9(b).

In fact the request does require a skilled data base administrator with suitable privileges and accesses to extract the requested data, save the tables thus produced as text files as specified.  I certainly acknowledge that payment for this is due upon completion of the request and before turning the finished product over to me.

You continue:

While the County of Los Angeles Registrar–Recorder/County Clerk (“County”) maintains the
requested data for County elections, the data does not exist in a format that can be produced as
requested, because the requested format is not one that exists for the County’s own use or for
provision to other agencies. The County’s non–relational database system stores the requested
data across many areas, in multiple layers of computer code, with entries relating to each ballot
spread across multiple log files. Therefore, it would require data compilation, extraction, and/or
programming to provide you with records in the requested format, and you are required for pay
the costs of such programming and computer services to produce the records.

I am very sorry to inform you, Mr. Logan, that this is word salad, misleading, obscurantist and false.  Yes, the relational database is connected to and runs on non-relational database systems, such as servers and workstations running on Windows, Apple, Linux and/or Unix (maybe even DOS!) operating systems and a wide variety of software programs, printers, scanners, RAID-5 memory arrays, server farms and on the cloud. Yes, the data is stored in a large number of separate tables within the database, be it Oracle or SQLServer or MariaDB (I am aware that the County uses Oracle in other departments so I would expect your department uses Oracle as well). Each table is composed of varying numbers of columns and rows each contains a specific set of data such as log files, image files, user files, each of which is unreadable without the appropriate  software program. So what you are telling me is technically true but utterly irrelevant. It seems you want to make it sound complicated and unwieldy and hard. It is complicated because there are many interrelated pieces. It is not hard or unwieldy because the database system is an integrated whole designed to be run from a mouse and keyboard using SQL commands either in terminal or GUI mode.

Unless your database administrators are utterly incompetent, and I have no reason to believe that, all the programming is done, all the data has been automatically entered, checked, verified and backed up, all the necessary SQL commands encoded as stored as scripts and triggers, all the hardware and software updated, all anti-virus software current and all the backups current up to the minute. Everything I am asking for is already in the system, it just needs a competent operator  to run the commands, export the results and save the resulting files.

In point of fact the systems put out all these reports natively, that is automatically as an integral function of the system, as the subsystems take in the votes. They auto-generate the reports as this is exactly HOW the County reports them to the State.  Although the County is not currently running and election, all this data is already stored in the system and is easy to retrieve.

You continue:

Moreover, the data requested may contain information that is exempt from disclosure under law,
and such information will not be disclosed in any custom report. Government Code section
6254.19 exempts records from disclosure if they would reveal vulnerabilities to, or otherwise
increase the potential for an attack on an information technology system. Government Code
section 6254.9 exempts computer software developed by a state or local agency from disclosure.
Government Code section 6255(a) allows an agency to withhold any records or portions of
records by demonstrating that “the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.” (CBS Broadcasting, Inc. v.
Superior Court (2001) 91 Ca1.App.4th 892; Times Mirror Co. v. Superior Court (1991) 53 Ca1.3d
1325; Gov. Code § 6255(a).) As the legislature found in creating these exemptions, the public
interest is not served if the disclosure of such information could jeopardize the voting system or
create a security risk to the County. Based on the foregoing, records containing information that
would increase the potential for an attack on the County’s voting system or reveal the County
voting system’s computer software are exempt from disclosure and cannot be disclosed. (Cal.
Const., art. I; Gov. Code § 6255.)

As previously stated I am not requesting a custom report, only the standard reports already in your database.

It is not possible for the data resulting from any of these record requests to reveal anything whatever about the systems that produced them nor any potential security flaws in those systems, still less increase the potential for a cyber or other attack on the integrity of the system.

I am not requesting the disclosure of any computer software, its code or method of compilation whether developed by the County or anyone else.

None of the records requested poses any risk to the public interest, nor is the public interest served by concealing it.

None of the data requested could possibly jeopardize the voting system or create a security risk to the County.

I am not requesting any data that contains information that would increase the potential for for an attack on the County’s voting system or reveal the County’s voting system computer software.  I would certainly understand a refusal if any such information were being requested, but it is not.  None of the requested records could conceivably pose a risk to the County, the County’s voting hardware or software, so there is no cause to refuse to provide the requested records.

You continue:

In the ordinary course of election administration, the County produces the following reports after
each election and posts them to its website at https://lavote.gov/home/voting–elections/current–
elections/election–results/past–election–results:
• Statement of Votes Cast
• Statement of Votes Cast by District
• Precinct Bulletins
• Statement of Votes Cast Excel Format
• Votes Cast by Community

Again let me thank your providing this information which partially satisfies my Public Record Act request.

You continue:

All other reports requested outside of what is provided by the County through the ordinary course
of election administration and would require data compilation, extraction, or programming to
produce is considered a custom report request. The total cost to create the reports you requested
will be $4,992.00 for the first report, and $2,080.00 for the second report.

As I have already demonstrated that all of my requests do in fact fall inside of what is provided by the County through the ordinary course of election administration no further data compilation, extraction or programming to produce my request cannot legitimately be considered a custom report request.  Therefore the sums you propose, equivalent to three weeks salary for a senior data scientist, are absurd and unacceptable.  As previously mentioned, “In point of fact the systems put out all these reports natively, that is automatically as an integral function of the system, as the subsystems systems take in the votes. They auto-generate the reports as this is exactly HOW the County reports them to the State.  Although the County is not currently running and election, all this data is already stored in the system and is easy to retrieve.” I might be tempted to believe that the sums you propose are suggested more as a deterrent than having anything to do with the real cost.

A fair sum would be the hourly wage scale of a skilled data base administrator times the number of hours worked, fully documented by you.  I see that the County of Los Angeles is offering senior data scientists salaries of about $60.00 an hour.  The total time to produce, export and save these reports would not be expected to be over three hours.  I therefore suggest placing $500 in an escrow account with instructions to pay your invoice upon satisfactory completion of the work.

You continue:

Based on the information provided in Part 2 of your request and to the extent the County
understands your request, “Ballot Manifest Report (also known as the Tabulator Batch Report)
for all ballots included 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. (i.e.: in–
person, by–mail, provisional, absentee, etc.),” the County has conducted a reasonably diligent
search and located records responsive to your request.

The above referenced responsive record is produced from the County’s VSAP Tally system and
provides the following information:
• Ballot card ID – ID number associated with each ballot card (each ballot may contain
multiple ballot cards)
• Type – Type of ballot (e.g., in–person using ballot marking device, vote by mail ballot)
• Unit – Consolidated Precinct ID
• Key card – ballot card used for recordation in the Statement of Votes Cast report
(true=yes, false=no)
• Time stamp – Time ballot card was scanned

Due to the amount of data in the report, we recommend using TextPad to review it. You may
download the file here:dropbox_ballotmanifestreport.

Regarding PART 3 of your request, I am also requesting the ballot images, both pre image and
the post image scan for all mail in and absentee ballots cast,” based on the information provided
in your request, the County has conducted a reasonably diligent search and determined there are
records responsive to your request. However, the records identified are exempt from disclosure.
Government Code section 6254(k) allows an agency to withhold records where disclosure is
exempted or prohibited pursuant to Federal or State law. (See Gov. Code, §§ 6254(k) and
6255(a); Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; Rogers v. Superior Court
(1993) 19 Cal.App.4th 469.) In this instance, ballot images showing voters’ ballot selections are
exempt from disclosure under state law. (See Cal. Const., art. II, § 7; Gov. Code, § 6254(k); Elec.
Code. §§ 2300(a)(4), 15370, 17301 et seq.; Citizens Oversight, Inc. v. Vu (2019) 35 Cal.App.5th
612.)

California Constitution, art. II, § 7 states: “Voting shall be secret.”  This is misdirection.  By “secret” here is meant that the identity of the voter shall not attach to the ballot.  Unless the County is asserting that, contrary to Federal and State law the ballot contains identifying information about the voter who cast it this does not apply.  Does the County really want to assert that the ballots contain information that can identify the voter who cast it?  I think not.

California Government Code 6254 (k) states: “Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.”  The County has not established that any of the foregoing are points at issue, thus the disclosure of these records is not in any way prohibited by this provision in the Code.

California Election code 2300(a)(4) states: “You have the right to cast a secret ballot free from intimidation.”  See California Constitution Art.II Sec 7 above.

California Election Code 15370 states: “After ballots are counted and sealed, the elections official may not open any ballots nor permit any ballots to be opened except as permitted in Sections 15303 and 15304, or in the event of a recount.”  We are not asking for the actual paper ballots, we asking for the image of the ballot as it was initially scanned into the voting software and the image of the ballot as it was scanned and entered into the record after adjudication.  This objection does not apply.

California Election Code 17301 does not apply as I am not seeking the physical materials, just the images and associated text file as stated above.

Finally, as the County has already indicated its ability and willingness to provide the requested information at a highly inflated price, to now claim that providing the reports is contrary to law is disingenuous at best.

Given all that has gone before I am hereby resubmitting and reiterating my California Public Records Act request.

Under the California Public Records Act § 6250 et seq., This request is for information from the General Election held on NOVEMBER 3, 2020 and for the Statewide Direct Primary Election held JUNE 7, 2022.

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. In addition I am requesting the associated spread sheet and text file for these elections.

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.

PART 2: I am also requesting the Ballot Manifest Report (also known as the Tabulator Batch Report) for all ballots included 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.).

PART 3: I am also requesting the ballot images, both pre image and the post image scan for all mail in and absentee ballots cast.

I am hopeful that there is someone within the (County) County Elections Commission or Board of Elections who will be able to generate the reports I am looking for. 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. However, if the data files are too large, and must be copied to a USB drive, I will happily supply the necessary device to the county in order to make that happen.

I would like to thank you in advance for your assistance with my request. If you already posses such a report including the information outlined above, please send that report.

I also request that you insure that these records be preserved as they are being requested and are under question.

The California Public Records Act requires a response within ten business days.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,