Legal Strategy with Dan Gutenkauf

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                   PUBLIC RECORDS REQUEST  #3

  Maricopa County Elections                                            Nov. 1, 2000

 Questions I was not allowed to ask at logic and accuracy test on 10-23-00 and 10-31-00.

1.What is the goal and purpose of inviting the media, the public, political party representatives and candidates to the computer logic and accuracy test?

2. Where in the statutory language of A.R.S. 16-449 are citizens and the public prohibited from peaceably observing, videotaping, or asking questions about the logic and accuracy test inside the glass enclosed testing room? 

3. What is the purpose of having a two-way modem in the Eagle Optech III-P scanner?

     If its purpose is only to count ballots and transmit that information, why does it contain the ability to receive information as well?

4 . Can the Eagle Optech III-P be accessed remotely by cell telephone or by satellite? Please supply a copy of the independent security system test check that shows conclusively that the computer cannot be hacked into. Also supply any case law showing that vote fraud can absolutely be prevented when computers count the ballots.

5. If the C4 computer is not connected to anything, and therefore not capable of access or penetration, as alleged by Karen Osborne on 10-23-00 without supporting evidence, why can't the computer source code be disclosed? What is the risk of disclosure if hacking isn't possible?

Why is a program that is only supposed to count the number of ballots per candidate classified as a "trade secret".

6. Where in the statutory language or case law are "trade secrets" specifically  exempted from public inspection under A.R.S. 39-121?

     "A record which is required by law to be kept or necessary to be kept in the discharge of a duty imposed by law or directed by law to serve as a memorial and evidence of something written said, or done is a public record."

                   Matthews v Pyle, 251 P.2d 893, 75 Ariz. 76

      "Certify means to authenticate or vouch for a thing in writing.... to testify or vouch for  in writing; to assure; to make certain; to tell positively."

                               State v Johnson, 184  Ariz 521  (App)

      Please make sure your agency's SEAL and your JOB TITLE  are on the certification letter.

      I am requesting this information as a private citizen.

     This request is not for a commercial purpose.

     I agree to pay for the cost of reproduction.

                                                                                              Daniel A. Gutenkauf




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