Legal Strategy with Dan Gutenkauf

Contact Dan Gutenkauf at: dGutenkauf@msn.com

                  PUBLIC RECORDS REQUEST  #4

Karen Osborne, Maricopa County Elections                                           Nov. 2, 2000

     This is a request for public records pursuant to A.R.S. 39-121.

Additional questions I was not allowed to ask at logic and accuracy tests on 10-23-00 and 10-31-00

1. How many  pre-audited ballots are tested at the logic and accuracy test?

2. Are the pre-audited ballots "hand counted" prior to being counted by the computer when testing it for logic and accuracy? If the pre-audited ballots are hand counted in advance of the test, how can you make the correlation to accuracy on election night when the ballots are not hand counted first?

3. If the pre-audited ballots are computer counted first, rather than hand counted, how do we know that computer is accurate also?

4. Since the true result is already known in advance at the logic and accuracy test, how can you make the correlation to accuracy on election night when the results are not known in advance?  Or are the results known in advance on election night?

NOTE:  ATTORNEY  JILL KENNEDY STATED THAT ALL OUR QUESTIONS WOULD BE ANSWERED BY NOV.7, 2000. I WILL HOLD HER TO THAT COMMITTMENT.

 "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