Protocol to secure storage, flash drives, inventory logs, error reports, scanner/tabulator logs
Dear Sussex County Board of Elections,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
For the November, 2020 election, OPRA request includes:
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote;
• Blank;
• Cross-over vote;
• Overvote;
• Appearance of unreadable marks;
• Blank boxed;
• Marked review box.
Yours faithfully,
Cathy Teitel
Dear Ms. Teitel,
This email is in response to your 2 OPRA requests that the Sussex County Board of Elections received on August 31, 2022, in which you requested the following:
For the November, 2020 election, OPRA request includes
1. Ballot counting:
• Video of ballot counting (copy or accessible online);
With regard to the video tapes of drop box observance, your request is being denied as security and surveillance records are exempt from OPRA, see NJ Supreme Court, majority opinion Gilleran v. Bloomfield, 227 N.J. 159 (2016). The release of videotape footage from a surveillance camera, which is part of a government facility’s security system protecting its property, workers, and visitors, would reveal information about the system’s operation and also its vulnerabilities, jeopardizing public safety.
• Any and all scanner/tabulator logs or reports regarding ballots defined as unconditional acceptance, unconditional rejection or query the voter for revision.
The Sussex County Board of Elections has no responsive documents to provide with regard to this request.
• Were plastic ballot or collapsible ballot boxes utilized and, if so, how many were used and were they numbered sequentially. If yes, does a report of record exist, kindly provide?
The Sussex County Board of Elections did not use plastic or collapsible ballot boxes.
• Was internet, wireless and telephone/cable carrier modem accessible during election data transfer. If yes, kindly provide a copy of safeguard protocol to secure election data transfer.
There was no election data transfer therefore there are no responsive documents with regard to your request.
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
We did not use external storage or flash drives therefore no responsive documents exist to provide with regard to this request.
With regard to the copies of purchase orders/invoicing of related items associated with the election, we require more time to compile this information for you.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
No scanner/tablulator vendor contracts, no responsive documents exist to provide with regard to certification and calibration or equipment. The cost to reproduce the pre-election logic testing is included in the attached quote.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote;
• Blank;
• Cross-over vote;
• Overvote;
• Appearance of unreadable marks;
• Blank boxed;
• Marked review box.
The cost to reproduce the tabulator reports is included in the aforementioned quote.
QUOTE ESTIMATE FOR OPRA 083122 CATHY TEITEL:
Although we want to give you the records you are requesting, they are extensive and are 20 months in the past and have long ago been archived in storage. Unfortunately, this request will require an extraordinary expenditure of time and effort and a special service charge is warranted pursuant to N.J.S.A. 47:1A-5c for the specific reasons listed below.
We are currently consumed with statutory deadlines as we prepare for the upcoming General Election, plus Poll Worker Training. On top of the election-related workload, we are facing an office relocation to accommodate new voting equipment, and there are no employees available to fulfill the scope of your OPRA request.
In an effort to be as cost-conscious as possible, I can utilize seasonal hourly employees for most of this effort for an hourly rate of the minimum wage, and using a full-time staff member to review the documents prior to scanning.
The total cost would be $1,969.88. This is an estimate and is subject to change. I would notify you as we are nearing the end with an update as to how much was accomplished.
Task Days
Training of the seasonal employee and learning the task involved………………………………………… .5
Reading through OPRA requests and cataloging the type of information requested……………… .5
Examining the list of over 600 boxes of records from
the 2020 election to locate the boxes that contain the
requested documents………………………………………………………………….………………………………………… 1.5
Physically going into the storage facility and finding these boxes among the 600 boxes……….. 2
Supervisory review of the documents……………………………………………………………………………………. .5
Removing paper clips and staples from the documents……………………………….……………….……….. 1
Organizing the documents in order of the request………………………………………………………………… .5
Scanning the documents……………………………………………………………………………………………………….. 10
Returning the documents to their proper boxes and back to the storage facility…………………… 1
At this time, a money order for $1,969.88 made payable to the County of Sussex, Board of Elections will be needed to start this process.
Respectfully,
Records Custodian
Sussex County Board of Elections
83 Spring Street, Suite 305
Newton, NJ 07860
973-579-0950
This communication from Sussex County Board of Elections (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient advise the Board of Elections and delete this communication. Any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.
________________________________
From: Cathy Teitel <[OPRA #35051 email]>
Sent: Wednesday, August 31, 2022 12:41 PM
To: Griffiths, Ellen
Subject: OPRA request - Protocol to secure storage, flash drives, inventory logs, error reports, scanner/tabulator logs
Dear Sussex County Board of Elections,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
For the November, 2020 election, OPRA request includes:
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote;
• Blank;
• Cross-over vote;
• Overvote;
• Appearance of unreadable marks;
• Blank boxed;
• Marked review box.
Yours faithfully,
Cathy Teitel
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Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #35051 email]
Is [Sussex County Board of Elections request email] the wrong address for OPRA requests to Sussex County Board of Elections? If so, please contact us using this form:
https://linkprotect.cudasvc.com/url?a=ht...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://linkprotect.cudasvc.com/url?a=ht...
View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Dear Ms. Teitel,
This email is in response to your OPRA request that the Sussex County Board of Elections received on August 31, 2022, in which you requested the following:
• Copies of purchase orders/invoicing of related items associated with the election.
This request is overly broad and unclear. Every purchase in the Board of Elections is associated with the election. Please name specifically identifiable records pursuant to the following court decisions: MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005), N.J. Builders Ass’n v. N.J. Council on Affordable Hous., 390 N.J. Super. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007- 151 (February 2009).
Respectfully,
Records Custodian
Sussex County Board of Elections
83 Spring Street, Suite 305
Newton, NJ 07860
973-579-0950
From: Cathy Teitel <[OPRA #35051 email]>
Sent: Wednesday, August 31, 2022 12:41 PM
To: Griffiths, Ellen
Subject: OPRA request - Protocol to secure storage, flash drives, inventory logs, error reports, scanner/tabulator logs
Dear Sussex County Board of Elections,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
For the November, 2020 election, OPRA request includes:
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote;
• Blank;
• Cross-over vote;
• Overvote;
• Appearance of unreadable marks;
• Blank boxed;
• Marked review box.
Yours faithfully,
Cathy Teitel
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #35051 email]
Is [Sussex County Board of Elections request email] the wrong address for OPRA requests to Sussex County Board of Elections? If so, please contact us using this form:
https://linkprotect.cudasvc.com/url?a=ht...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://linkprotect.cudasvc.com/url?a=ht...
View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Dear Sussex County Board of Elections,
Thank you for your response dated 9/9/22 indicating that the surveillance records are exempt from OPRA citing the court case NJ Supreme Court, majority opinion Gilleran v Bloomfield, 227 NJ 159(2016). Kindly note that the subject election Chain of Custody sought is not related to security protocol, as cited in the referenced case citation opinion, making the citation moot, in this case. The subject OPRA request seeks records of and belonging to the public, the video recording being one such component of same. The foregoing is buttressed by the guidelines established in the New Jersey Guide to Ballot Drop Box, published September 25,2020, page 8 which provides instructions that the "ballot drop box must be placed at locations equipped with security cameras that allow for video surveillance of the ballot drop box(es) 24 hours per day, 7 days per week".
Such government record, defined under OPRA, N.J.S.A. 47:1A-1.1 as “…any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file…or that has been received in the course of his or her official business…a ‘government record’…electronically stored records (including emails and data sets stored in a database)…are subject to public access unless specifically exempt under OPRA or other law.”
Redaction of such public records, as set forth in N.J.S.A. 47:1A-5.g. “editing a record to prevent public viewing of material that should not be disclosed. Words, sentences, paragraphs, or whole pages may be subject to redaction.” As election records are of paramount meaning as the interpretation of the people, their intent and sovereign voice, any such redaction as a legal principle should be limited in scope to personal identifiers as outlined in exceptions under OPRA. In such cases, custodian(s) of record must identify the legal basis for each such redaction.
Sincerely,
Cathy Teitel
Cathy,
Please clarify what your email is requesting.
Ellen Griffiths
Chief Clerk Administrator
Sussex County Board of Elections
83 Spring Street, Suite 305
Newton, NJ 07860
973-579-0951
Please note that effective October 1, 2022, General Election preparations are underway and any OPRA requests for prior election's data will be postponed until after the certification of results on November 21, 2022.
This communication from Sussex County Board of Elections (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient advise the Board of Elections and delete this communication. Any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.
________________________________
From: Cathy Teitel <[OPRA #35051 email]>
Sent: Monday, October 3, 2022 12:22 PM
To: Griffiths, Ellen
Subject: Re: OPRA 083122 Cathy Teitel
Dear Sussex County Board of Elections,
Thank you for your response dated 9/9/22 indicating that the surveillance records are exempt from OPRA citing the court case NJ Supreme Court, majority opinion Gilleran v Bloomfield, 227 NJ 159(2016). Kindly note that the subject election Chain of Custody sought is not related to security protocol, as cited in the referenced case citation opinion, making the citation moot, in this case. The subject OPRA request seeks records of and belonging to the public, the video recording being one such component of same. The foregoing is buttressed by the guidelines established in the New Jersey Guide to Ballot Drop Box, published September 25,2020, page 8 which provides instructions that the "ballot drop box must be placed at locations equipped with security cameras that allow for video surveillance of the ballot drop box(es) 24 hours per day, 7 days per week".
Such government record, defined under OPRA, N.J.S.A. 47:1A-1.1 as “…any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file…or that has been received in the course of his or her official business…a ‘government record’…electronically stored records (including emails and data sets stored in a database)…are subject to public access unless specifically exempt under OPRA or other law.”
Redaction of such public records, as set forth in N.J.S.A. 47:1A-5.g. “editing a record to prevent public viewing of material that should not be disclosed. Words, sentences, paragraphs, or whole pages may be subject to redaction.” As election records are of paramount meaning as the interpretation of the people, their intent and sovereign voice, any such redaction as a legal principle should be limited in scope to personal identifiers as outlined in exceptions under OPRA. In such cases, custodian(s) of record must identify the legal basis for each such redaction.
Sincerely,
Cathy Teitel
Sussex County Board of Elections,
Dear Ms. Ellen Griffiths,
In response to your request to clarify what my previous email was requesting,
The OPRA request I am seeking a response to is listed below
For the November 2020 election, OPRA request includes:
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote
• Blank
• Cross-over vote
• Overvote
• Appearance of unreadable marks
• Blank boxed
• Marked review box.
If there are no responsive records, please respond by email stating such is the case. Thank you for time.
Sincerely,
Cathy Teitel
Cathy,
I am forwarding your request to the appropriate email address for response. In the future, please use [email address]
Thank you,
Ellen Griffiths
Chief Clerk Administrator
Sussex County Board of Elections
83 Spring Street, Suite 305
Newton, NJ 07860
973-579-0951
Please note that effective October 1, 2022, General Election preparations are underway and any OPRA requests for prior election's data will be postponed until after the certification of results on November 21, 2022.
This communication from Sussex County Board of Elections (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient advise the Board of Elections and delete this communication. Any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.
From: Cathy Teitel <[OPRA #35051 email]>
Sent: Monday, October 3, 2022 12:22 PM
To: Griffiths, Ellen
Subject: Re: OPRA 083122 Cathy Teitel
Dear Sussex County Board of Elections,
Thank you for your response dated 9/9/22 indicating that the surveillance records are exempt from OPRA citing the court case NJ Supreme Court, majority opinion Gilleran v Bloomfield, 227 NJ 159(2016). Kindly note that the subject election Chain of Custody sought is not related to security protocol, as cited in the referenced case citation opinion, making the citation moot, in this case. The subject OPRA request seeks records of and belonging to the public, the video recording being one such component of same. The foregoing is buttressed by the guidelines established in the New Jersey Guide to Ballot Drop Box, published September 25,2020, page 8 which provides instructions that the "ballot drop box must be placed at locations equipped with security cameras that allow for video surveillance of the ballot drop box(es) 24 hours per day, 7 days per week".
Such government record, defined under OPRA, N.J.S.A. 47:1A-1.1 as “…any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file…or that has been received in the course of his or her official business…a ‘government record’…electronically stored records (including emails and data sets stored in a database)…are subject to public access unless specifically exempt under OPRA or other law.”
Redaction of such public records, as set forth in N.J.S.A. 47:1A-5.g. “editing a record to prevent public viewing of material that should not be disclosed. Words, sentences, paragraphs, or whole pages may be subject to redaction.” As election records are of paramount meaning as the interpretation of the people, their intent and sovereign voice, any such redaction as a legal principle should be limited in scope to personal identifiers as outlined in exceptions under OPRA. In such cases, custodian(s) of record must identify the legal basis for each such redaction.
Sincerely,
Cathy Teitel
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #35051 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://linkprotect.cudasvc.com/url?a=ht...
View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Good morning Cathy,
This email is in response to your OPRA request that this office received on October 7, 2022. Please refer to our email to you on September 9, 2022 as this was already answered.
Respectfully,
Records Custodian
Sussex County Board of Elections
83 Spring Street, Suite 305
Newton, NJ 07860
973-579-0950
From: Cathy Teitel <[OPRA #35051 email]>
Sent: Friday, October 7, 2022 10:37 AM
To: Griffiths, Ellen
Subject: Re: OPRA 083122 Cathy Teitel
Sussex County Board of Elections,
Dear Ms. Ellen Griffiths,
In response to your request to clarify what my previous email was requesting,
The OPRA request I am seeking a response to is listed below
For the November 2020 election, OPRA request includes:
1. Internal protocol to secure and safeguard external storage or flash drive contents, inventory logs and error reports.
• Copies of purchase orders/invoicing of related items associated with the election.
2. Scanner/Tabulator vendor contracts, certification and calibration of equipment (90-day; 42-day and any subsequent or associated). This should include pre-election logic testing.
3. Any and all scanner/tabulator logs/reports run during the subject elected. This should include:
• Undervote
• Blank
• Cross-over vote
• Overvote
• Appearance of unreadable marks
• Blank boxed
• Marked review box.
If there are no responsive records, please respond by email stating such is the case. Thank you for time.
Sincerely,
Cathy Teitel