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Disclaimer: This post is for educational purposes and you should consult a qualified attorney for legal advice. If you can find one in OHIO lets us know.
PRESERVATION NOTICE. This constitutes formal notice that the Cast Vote Record report information previously requested must not be deleted until all pending public information requests, including this one, have been fulfilled, for the following reasons:
1. Section 301 of the Civil Rights Act of 1960 required the preservation of all records relating to any “act requisite to voting.” This is now codified at 52 U.S.C. §§ 20701-20706. Note that per U.S. Department of Justice Publication “Federal Law Constraints on Post-Election ‘Audits’,” July 28, 2021, the "materials covered by Section 301 extend beyond 'papers' to include other 'records.' Jurisdictions must therefore also retain and preserve records created in digital or electronic form."
2. 52 USC § 21081(a)(2)(B)(i) says "The voting system shall produce a permanent paper record with a manual audit capacity for such system." Following the principles enunciated in the July 28, 2021, publication cited above, a searchable electronic form (e.g., JSON) of the "permanent paper record with a manual audit capacity" is also covered.
3. To possess the required "audit capacity," all data specified by the National Institute of Standards and Technology (NIST) requirements listed at https://doi.org/10.6028/NIST.SP.1500-103 must be included, since the 2002 Help America Vote Act (HAVA) directed NIST to promulgate standards for what must be included in a Cast Vote Record (CVR) report. Thus all the CVR data specified there is part of the required "audit capacity,” or else the voting system would not be completely auditable as required.
4. Since this audit record must be permanent, that supersedes the 22-month retention period. Thus electronic CVR reports may never be deleted unless the required permanent paper record with a manual audit capacity has been created and maintained.
Since a FOIA for CVR has been submitted the request is protected BY THE LAWS as stated above.
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