News on Recount?

January 14, 2008

William M. Gardner
Secretary of State
State House, Room 204
Concord, N.H. 03301

Dear Mr. Gardner:

I request a proper ballot reconciliation for my recount of the 2008 New Hampshire Presidential Primary Election, and that my recount will include hand counting of Election
Day and absentee ballots, including all blank ballots, spoiled ballots, and voted ballots,
with each count recorded on the recount form.

For each town and/or ward counted, I request that my recount include the result from
each original poll tape, such tape (signed by the election judges) to be examined and
recorded by the ballot recount team.

When preparing the results for the Jan. 8 primary election, the office of the NH Secretary
of State prepared a tally using an Excel program or similar program. I request a copy of
this electronic tally file and a copy of the original data printout from the tally program as
used for the Jan. 8 election.

Pursuant to the state open records law, N.H. Rev. Stat. Ann. sec 91-A:1 to 91--A:9, I
write to request access to and a copy of:

1. Copies of the original reconciliation forms submitted by each election jurisdiction in
the state of New Hampshire. It is my understanding that these reconciliation forms
include the number of ballots at each location, the number voted, spoiled and blank, and
the number of absentee ballots, as well as the number of voters who signed into vote.

2. A listing of all towns or wards in the state of New Hampshire that ran out of ballots or
requested more ballots, or had more ballots ordered, made and/or delivered (the number
of ballots requested and obtained by each town or ward, including date, time and location
ordered and delivered, and the number of voters checked in to vote at each town or ward).
This listing should include the chain of custody for the ballots, including but not limited
to the names of those who requested, ordered, printed and/or delivered such ballots.

3. I request the right to examine the poll books for each location.

4. I request a copy of the list of all towns that had machines or memory cards serviced on
Election Day through the present date, together with the names of all personnel who
provided such service, including but not limited to LHS. In addition, I am requesting a
list of all towns that had machines or memory cards serviced in the six weeks prior to
Election Day, together with the names of all personnel who provided such service,
including but limited to LHS.

5. I request the state of New Hampshire obtain and secure all original electronic
media, including but not limited to memory cards, used in the election until the federal
records retention period has expired, as required by 42 U.S. 1974e.

6. I request a list of every computer containing an election management system, ballot
definition program, or tallying program, used for the election, together with the location
of such computers. These computers should be listed by make, model, and/or serial
number or other identifier. This list should include but not be limited to all computers
used to produce ballots, memory cards, audit logs or other documents for the New
Hampshire election, including but not limited to Capital Offset, LHS Associates and/or
any wards, cities, towns and/or the state...

7. I understand that the office of the Secretary of State of New Hampshire has a copy of
each GEMS file in MDB format (possibly in a format called GBF). Each iteration of each
of these files contains reports. I request a copy, in electronic format, of every report
available under the GEMS menu item "Reports" for each of these files.

Because this information is needed in order to plan for the requested recount of the 2008
New Hampshire Presidential Primary, I request the opportunity to inspect the requested
records by 10 am Tuesday, Jan. 15, 2007.

Please note that this request is severable, meaning that denial of any portion of this
request does not affect any other portion. If you choose to deny any portion of this
request, please provide a written explanation for the denial including a reference to the
specific statutory exemption(s) upon which you rely.

Please be advised that I am prepared to pursue whatever legal remedy necessary to obtain
access to the requested records.

Thank you for your assistance.

Sincerely,

Albert Howard