The Monroe Street Journal

Issue date: 2/11/08 Section: Politics

The ballot battle continues as Republican Presidential candidate Albert B. Howard of Ann Arbor, Michigan, demands his right to a full hand recount of the New Hampshire primary ballots.

As we previously reported, on February 1st, Mr. Howard escalated his request with the New Hampshire Secretary of State to include counting ballots that went unused. As of February 8, Mr. Howard's tone has become even terser, as he claims to have filed "Right to Know" requests and threatens to litigate.

His email to the Secretary of State is as follows:

TO: William Gardner, Secretary of State, State of New Hampshire
FROM: Albert Howard, candidate for President, NH Primary Election, January 8, 2008
DATE: February 8, 2008
RE: Preservation of records requested under the Right to Know statute
cc: Kelly A. Ayotte, Attorney General,
State of New Hampshire

I have filed a series of FOIA (Right to Know) requests and I am intending to file additional such requests. To date I am not in receipt of most of the information previously requested. It is my understanding that FOIA requests submitted in the state of New Hampshire must be answered within 5 days, if the material is available; you have been in serious violation on several counts. I write to inform you that I am contemplating litigation if I do not receive these items soon.

Further, I request the preservation of all materials that are arguably responsive to any of my Right to Know requests, current or future. Additionally, I hereby serve notice that if necessary I intend to pursue action through the courts if any of the materials I have requested are lost or destroyed.

Said materials are not limited to those specific items requested, but include anything, electronic records and correspondence as well as written, that pertains to / has any connection to the January 8 NH Primary Election or the recount.

I understand that the state has contracted with LHS and others, for assistance regarding the election and the recount. I consider any documents, records, etc., that LHS and other such contractors, possess subject to this Right to Know request because the State has a right to control over these documents.

I urge you to discuss this with counsel, as there are serious legal penalties if you fail to preserve requested records.

Mr. Howard's concerns are corroborated by a group called Black Box Voting that claims the chain of custody is fraught with opportunities to interfere with the process, including slit ballot boxes and loose ballot seals. They provide a video on you tube of their findings: http://www.youtube.com/watch?v=hHL_YMBolRs

Only a presidential candidate can request a recount in New Hampshire. Former Democratic candidate Dennis Kucinich also requested a recount of the Democratic ballots, but his campaign was not able to fund the full recount, and he withdrew from the election shortly thereafter.

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