If you were to read the response the state and county attorneys have made to the SC Safe Elections group’s lawsuit requesting Cast Vote Records, you would think the state attorneys think they are speaking another language, requesting something that is completely off the wall and unheard of.

South Carolina has ES&S voting machines. This is on their FAQ page. Read the 3rd question down: “Does ES&S support post-election audits?” https://www.essvote.com/faqs/

Judging by the above, it appears the Cast Vote Record is a standard report election officials run.

Last fall, Palmetto State Watch submitted a FOIA request from the SC Attorney General’s office. Contained within 100 pages of e-mails, was this nugget: an e-mail from SEC General Counsel Thomas Nicholson. It appears they do in fact know what a Cast Vote Record is.

We just wanted you to be informed in the event you hear opposing counsel claim they don’t know what information is being requested while you watch the hearing in the morning.

Oh, and one more thing, please tell me where it says below that the information contains personally identifiable information. Which is the other argument that the state is falling back on. (Did you know that it is against SC law for a ballot to contain information that could reveal the identity of the voter?)

Question: Why is the state so intent on spending so much money on legal fees preventing citizens from accessing information that is readily accessible either freely or via FOIA in over half of the other states?

Don’t forget to call in for the hearing tomorrow morning:

CVR Hearing is Tuesday the 14th at 9:30AM in the virtual courtroom of Judge R. Lawton McIntosh.

To access the virtual courtroom, go to www.sccourts.org click on “calendar” and then “monthly view”. That will bring up the February calendar. 

From the calendar, click on “circuit” on the 14th, and scroll through the list of Judge’s to find Judge McIntosh.