Legally, what is a ballot? And would a Missourian say "Show Me"?

[Wilms]

galloglas posted something interesting on two threads. I did a little editing to help highlight.

After months of silence from our SoS, Dem. Robin Carnahan, our Assistant House Floor Leader has stepped in to help Missouri voters.

Among the many, many questions I've not had answered by the SoS's office this year, there is one that should be a no-brainer; legally, what is a ballot?

I told Asst. House Minority Leader Paul LeVota. that I, and many others, had tried unsuccessfully to get SoS Carnahan to define legally, according to the RSMo., what a "ballot" was.

His emailed reply follows:

Here is what our research has found on your questions concerning the definition of "ballot."

The definition of "ballot" from Chapter 115- Election Authorities and Conduct of Elections, Section 115.013 is:

(2) "Ballot", the ballot card, paper ballot or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election;

(3) "Ballot card", a ballot which is voted by making a punch or sensor mark which can be tabulated by automatic tabulating equipment;

(4) "Ballot label", the card, paper, booklet, page or other material containing the names of all offices and candidates and statements of all questions to be voted on;

Additionally, the definition of "ballot" from Ballentine's law dictionary is "The implement of voting, whether a paper to be marked by an elector or the face of a voting machine prepared for an election."

Thanks,

Paul LeVota
Assistant Minority Leader
Missouri State Representative - District 52
573) 751-9759

Now this may answer another question we've been asking. How can a recount be done? Because, if I'm not mistaken, the Ballentine Law Dictionary might guide, but never determine, Missouri Law.

If so, answers # 2 through # 4 seem to plainly describe something tangible and made of matter, not energy. That should exclude electrical impulses from Diebold, or anyone else. Likewise, the number of votes, determined by "ballots", could not be some number of toted up electrical impulses.

Nor, as in Ballentine's definition, could "faces of voting machines" be recounted. At least, not while keeping a straight face themselves!


So if you can't hold it and recount it by hand, it isn't a ballot. Right?


Perhaps some of you from other states have made similar requests?

Are there similarities, differences?

Reference:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x414861

[Wilms]

1. .

[nicknameless]

2. I'm not really understanding the significance here.

Are ballots required for voting in Missouri?

[Wilms]

3. It's along the line of Land Shark's suit.

The poster is bringing to light the fact that an electronic signal is not a ballot.

[nicknameless]

4. Will it matter that lever machines don't use paper either?

:shrug:

[Wilms]

5. I'm in a bind to make an argument on that.

My main affection for levers is that they beat e-vote.