7 — Access Methods

This section walks through the operational paths by which Actual Vote users gain access to poll tapes for video-recording. Each method is treated in operational detail: when to use it, what it requires, how to do it, what the failure modes are, and what real-world examples illustrate it.

The methods derive from the three legal cases described in Section 6.2 (Legal Basis). Methods 1 through 4 are first-class methods with well-established workflows; Method 5 is a catch-all for unusual situations; and Section 7.7 describes the in-app consent flow that every user completes before recording.

The order reflects approximate accessibility for a first-time user. Method 1 requires only a phone and the ability to find a polling place after closing. Method 2 requires a formal appointment as an observer or worker. Method 3 requires coordination with an elections office. Method 4 requires navigating public records law. Method 5 covers everything else.

A note on terminology: throughout this section, “the elections office” refers generically to the government office that administers elections in the relevant jurisdiction. The specific name varies — Supervisor of Elections in Florida, Board of Elections in North Carolina, County Clerk in many states, Registrar of Voters in California. Where the specific term matters, the local term is used. The state-by-state appendix (B.3) catalogs the variations.

7.1 — Overview of Access Methods

Where poll tapes are posted

Before choosing a method, it helps to know the kinds of places a poll tape can turn up. A poll tape posting location is any physical place where a tape — a machine results printout or signed certificate of results — can be posted for public view or otherwise obtained. There are two families.

A voting location is anywhere people vote in person — an election-day voting site (a precinct-based polling place or a vote center) or an early voting site. This is where a tabulator prints and a tape is often posted at the close of voting, and it is the target of Method 1. (Drop boxes and mail-ballot return are not voting locations — no in-person voting, no tape on site.)

A central posting location is a jurisdiction-level place that is not itself a voting site but where tapes or precinct results may be posted or obtained: the county courthouse (some states require every precinct’s results posted there soon after polls close), the central count facility where early and mail ballots are tabulated, or the elections office itself. These are the targets of Methods 3, 4, and 5.

One distinction shapes everything below: a precinct is not a place. It is an administrative and reporting division mapped onto a voting location — a polling place may serve one precinct or several, and under vote centers precincts are decoupled from the site entirely.

flowchart TD
  PTPL["Poll tape posting location"]
  PTPL --> VL["Voting location<br/>(in-person voting site; not drop boxes)"]
  PTPL --> CL["Central posting location<br/>(jurisdiction-level, not a voting site)"]
  VL --> EDS["Election-day voting site"]
  VL --> EVS["Early voting site"]
  EDS --> PP["Polling place<br/>(precinct-based)"]
  EDS --> VC["Vote center<br/>(whole-jurisdiction ballot)"]
  CL --> CH["County courthouse"]
  CL --> CC["Central count facility<br/>(counting center)"]
  CL --> EO["Elections office<br/>(board of elections / clerk / SOE)"]
  PRE(["Precinct = administrative / reporting division —<br/>NOT a place; mapped onto a voting location"]) -. maps onto .-> VL
  classDef ac fill:#eef4ff,stroke:#3b6fb0,stroke-width:2px,color:#10243f;
  classDef note fill:#f4f1e9,stroke:#9a8c66,stroke-width:1.5px,color:#3a3320,stroke-dasharray:5 3;
  class PTPL,VL,CL ac;
  class PRE note;

Choosing the right method

The choice of access method depends on three factors: what the user’s jurisdiction allows, what role the user occupies, and what timeline the analysis requires.

Jurisdiction determines the starting point. Some states require poll tapes to be publicly posted after polls close, making Method 1 the natural first choice. Others have no posting tradition or requirement, making Method 3 or Method 4 the only viable paths. The state-by-state appendix (B.3) and the six-category state classification from AC’s operational materials provide jurisdiction-level guidance. Dark green and light green states post tapes publicly; gold states have state-specific procedures; red states do not post; light gray states are vote-by-mail with a different reporting structure entirely.

User role determines the options. Most users are ordinary citizens with no special election appointment, which limits them to Methods 1, 3, 4, and 5. Users who hold poll observer or poll worker appointments can also use Method 2, which provides the strongest chain-of-custody access. The decision tree at the end of this overview helps users identify their best option.

Timeline determines the urgency. Methods 1 and 2 produce recordings on election night itself, giving the analysis pipeline maximum time to produce findings before the certification date. Method 3 typically takes days to arrange. Method 4 typically takes weeks. For analyses intended to produce before-certification findings (which can inform corrections, recounts, or challenges), Methods 1 and 2 are strongly preferred. For after-certification analyses focused on transparency and the permanent record, any method works.

Summary table

Decision tree

The following simplified decision tree covers the most common situations. Users in unusual circumstances should contact AC for case-specific guidance.

Is your state one that publicly posts poll tapes after polls close? If yes, Method 1 is the primary option. Plan to record on election night.

If not: Are you a formally appointed poll observer or poll worker? If yes, check whether your appointment permits recording during the closing procedure. If it does, Method 2 is your option.

If neither: Can you visit the elections office in person? If yes, Method 3 is the recommended approach. Call or email the office, schedule an appointment, and record the tapes on-site.

If visiting is impractical: File a FOIA or public records request using Method 4. Be prepared for a wait of days to weeks.

If none of the above apply: You may have a Method 5 situation. Contact AC with details for case-specific guidance.

Recommended starting points

For first-time users in a posting state, Method 1 is the recommended starting point. Plan a single polling place visit on the next election night, record the tapes, and submit them. This is the simplest possible first experience and provides immediate feedback on whether the process works. For first-time users in a gold or red state (where tapes are not posted), Method 3 is the recommended starting point. Contact the county elections office, ask for an appointment to view poll tapes from the most recent election, and record what is available. This is more involved than Method 1 but is well within reach for any motivated first-time user.

For organized video-recording teams (Section 10.3), the recommended approach is to cover as many polling places as possible with Method 1 if available — a team of N people can cover roughly N polling places on election night — and backstop with Method 3 to capture any tapes the team missed. For team members who hold poll observer appointments, Method 2 provides high-value access that should be planned around. Method 4 serves as a final backstop for any tapes that resist Methods 1–3.

For audit committees (Section 10.4), the access strategy should be driven by the analysis goals. If the analysis is meant to produce before-certification findings, Methods 1 and 2 should be prioritized for speed. Method 3 is the workhorse for systematic county-wide coverage — a single audit committee visit to the elections office can produce a comprehensive set of recordings that supports a complete analysis. Method 4 can formalize and document the record after the visit.

For any effort beyond a single lone user’s submission, coordinating with AC in advance is recommended. AC can confirm the most current information about the jurisdiction’s poll tape practices, provide guidance on which counties or precincts to prioritize, help with planning for difficult jurisdictions, coordinate with other AC efforts in the same election to avoid duplication and maximize coverage, and prepare the analysis pipeline for incoming submissions.

7.2 — Method 1: Outside Polling Places on Election Night

Overview

Method 1 is the most common Actual Vote workflow and the easiest one to start with. After polls close on election night, a user goes to one or more polling places, finds the publicly posted poll tapes, and video-records them with the Actual Vote app.

This is the highest-accessibility method. It requires no special appointment, no advance arrangement with elections offices, no FOIA request, and no special equipment beyond a phone with the app installed. Anyone with a few hours of free time on election night can use it.

Method 1 is also the highest-value method for before-certification analysis. A recording made on election night gives the analysis pipeline the maximum time to process the data and produce findings before the certification date.

What Method 1 requires

The minimum requirements are straightforward: a device with the Actual Vote app installed (iOS or Android phone or tablet), an Actual Vote user account (set up via Google sign-in or email-and-password), a network connection sufficient to upload video files (WiFi or cellular data; in a pinch, the recording can be made offline and uploaded later), knowledge of where the polling places are, time and transportation to reach them after closing, and a jurisdiction where poll tapes are publicly posted. Users who cannot install or use the app — because of app store availability issues, device compatibility, or personal preference — can record with their device’s native camera app and email the recordings to America Counts or upload them via Google Drive (see Section 4.2 and Section 10.7 for details). The recordings are functionally identical to app submissions but lack the in-app metadata fields and require manual processing during intake. The last of these is the limiting factor. The state-by-state appendix (B.3) catalogs which jurisdictions post poll tapes; the six-category state classification from AC’s operational materials (dark green, light green, hatched green, gold, red, light gray) identifies which states are good Method 1 candidates.

How to find and plan polling place visits

Most counties publish a list of polling places on the county elections office website. The list typically includes the polling place name, address, and the precincts that vote there. For Method 1 planning, the user needs to identify the polling places in their target area (which may be a single precinct, a town, a county, or some other geographic scope chosen for the recording effort), get the addresses and geocode them or load them into a map app, plan a driving route between them (optimizing for the window between polls closing and tapes being taken down), and — where possible — confirm with the county that the polling places do post tapes after closing. Some county websites publish this information; if not, a phone call to the elections office a day or two before the election can confirm.

For a user planning to visit multiple polling places, the route matters. Tapes may be posted for as little as an hour or as long as overnight, but the window is unpredictable. The general strategy is to start with the closest polling place, record quickly, move to the next, and work outward. A single user can typically cover three to ten polling places in a night depending on driving distances. For organized teams (Section 10.3), assigning one user per polling place eliminates routing complexity entirely.

The public-facing “Example of Making an Actual Vote Plan” document provides a worked example of Method 1 planning. The operational best practices in Section 10 provide additional team-level guidance.

What to expect at the polling place

A typical Method 1 visit follows this pattern. The user arrives at the polling place a few minutes after the published closing time — if polls close at 7 PM, plan to arrive at 7:05 or 7:10. Arriving early is fine but means waiting outside until polls actually close. Arriving too late risks the tapes already being taken down. The user waits outside (or in a publicly accessible area) until poll workers post the tapes. The closing procedure — powering down machines, printing tapes, making multiple copies, collecting signatures — takes 30 to 90 minutes after polls close. The user then finds the posted tapes, which are typically displayed on a public-facing wall, window, or door. Common posting locations include the front entrance glass, a side window, or a public notice board. The user approaches from a position where they have legal standing to be — a public sidewalk, a parking lot, the building’s entrance area — and records each tape with the Actual Vote app. Framing should be clear and steady; the recording should pan slowly across the tape so all values are legible. If the tape has both sides showing data, both should be recorded. After recording, the user confirms the upload in the app before leaving.

Operational considerations

Timing. Poll closing times vary by state, typically between 7 PM and 9 PM local time. Some polling places post tapes much later than expected; if a user arrives at 7:30 PM and the tapes are not yet up, they may need to wait until 8:30 or 9:00 PM. In some jurisdictions, tapes are posted only briefly and removed within an hour. Users in such jurisdictions need to time their visits carefully.

Positioning. The user should approach from a position where they have legal standing to be — a public sidewalk, a parking lot, the building’s entrance area. Do not enter restricted areas. If tapes are posted inside a vestibule or behind glass, find the best angle that avoids glare and captures all printed values.

Lighting. Method 1 happens at night. Lighting can be poor. Users should be prepared with their phone’s flashlight feature, or with a small portable light. Test recording conditions during the pre-election practice to identify potential lighting problems. The practice poll tape PDF is designed partly for this purpose — it lets users test their recording setup in controlled conditions before election night.

Weather. Tapes posted outdoors are subject to rain, wind, and cold. Users recording in inclement weather should protect their phone and be prepared for tapes that may be wet, flapping in the wind, or partially obscured by condensation.

Safety. Method 1 happens at night, often alone, in unfamiliar locations. Users should follow the safety guidance in Section 10.5: stay aware of surroundings, avoid recording in obviously hazardous conditions, leave if you feel unsafe, and do not push back against hostile encounters. A person standing outside a polling place at night with a phone can look suspicious to bystanders unfamiliar with Actual Vote. Users should be prepared to explain what they are doing in a friendly, factual way and to leave the situation if explanation does not defuse it. AC recommends a simple explanation along the lines of: “I’m a volunteer with America Counts, a non-partisan non-profit. I’m recording the publicly posted poll tapes so we can verify the vote totals match the official results. It’s all public information.” If explanation does not defuse the situation, the user should leave. No recording is worth a confrontation.

Known failure modes

Method 1 has several documented failure modes. Knowing them in advance helps users plan and helps AC understand what went wrong when a recording is unusable.

Tapes are not posted at all. Despite legal requirements or established practices, poll tapes are sometimes not posted. The poll workers may have forgotten, the polling place may lack a suitable posting location, or the local norm may be to skip posting. This is itself a finding worth documenting (see below).

Tapes are posted in inaccessible locations. Common problems include tapes posted behind glass that produces glare, tapes posted inside a fence or gate that prevents close approach, tapes posted upside down or rotated, and tapes posted in a way that obscures key information. Users should still record what they can and document the access problem as a context submission.

Tapes are physically damaged. Tapes posted outside in rain or wind may be torn, weathered, or smudged. Tapes posted indoors in areas with foot traffic may be torn or marked. Users should record what is legible and note the damage.

Recording quality is poor. Even when the tape is well-posted, the recording may be too dark (poor lighting), too blurry (camera focus issues), too shaky (user holding phone unsteadily), or too short (ran out of time or battery). Practice with the practice poll tape PDF helps reduce these issues.

The user cannot find the tapes. Sometimes tapes are posted in a non-obvious location and the user simply does not find them. In this case the recording attempt fails and the user moves on to the next polling place.

What to do when tapes are not posted

Despite legal requirements or established practices, poll tapes are sometimes not posted. The poll workers may have forgotten, the polling place may lack a suitable posting location, or the local norm may be to skip posting. When this happens, the user should record a context submission documenting the absence — a video showing the polling place entrance and the location where tapes should have been posted — and note the time and circumstances. This documentation is itself valuable: it records posting non-compliance, which is a finding that AC tracks across elections and jurisdictions. The Broward 2018 experience documented one-third posting non-compliance even in a jurisdiction with clear posting requirements.

If multiple polling places in an area are not posting, the user should report the pattern to AC. Widespread non-compliance may warrant raising the pattern with the elections office or documenting it in AC’s published findings.

7.3 — Method 2: Poll Observer/Worker Recording During Tabulation

Overview

Method 2 uses the special access granted to formally appointed poll observers and poll workers to record poll tapes at the source — during the closing procedure, before the tapes are sealed and transported. This method has the strongest possible chain of custody but requires the user to have an official appointment.

When to use it

Use Method 2 when you are formally appointed as a poll observer (poll watcher, election observer) or as a poll worker (election inspector, officer of election) for the polling place where you will be present, and when the local rules of your appointment permit recording during the closing procedure.

Method 2 is high-value but underused. Most Actual Vote users do not hold these appointments and therefore cannot use it. Users who do have access — political party volunteers appointed as poll watchers, retirees and civic-minded citizens who serve as poll workers — should consider using their access for Actual Vote recording when their other duties permit.

Becoming a poll observer or worker

Poll observer appointments are typically made by political parties, candidates, or (in some states) civic organizations. The most common path is to volunteer with a local party organization several weeks before an election, request appointment as a poll watcher for a specific polling place, and complete any required training. The party issues appointment paperwork that the user presents at the polling place.

Poll worker appointments are typically made by the local elections office. The process involves filling out an application, completing required training, and being assigned to a specific polling place for a specific election. Poll workers are typically paid a small honorarium and are required to be present from before opening to after closing.

The terminology for both roles varies by state. Texas uses “poll watcher” for observers. Wisconsin calls poll workers “Election Inspectors.” Virginia calls them “Officers of Election.” Other states use “Precinct Election Official,” “Election Judge,” and other terms. The state-by-state appendix (B.3) catalogs the local terminology and appointment processes.

State-specific rules on recording

The most important variable for Method 2 is what the user is allowed to do during the closing procedure. Some jurisdictions explicitly permit observers to record poll tapes before they are sealed; others prohibit recording entirely; many fall in between, with rules that depend on specific circumstances.

Texas is one of the more permissive jurisdictions. Texas poll watchers are appointed by candidates, political parties, and certain other entities under Texas Election Code Chapter 33. Texas voting machines typically print five copies of results tapes, and the Texas rules permit poll watchers to observe and in some circumstances record tapes before they are sealed in the ballot box. The combination of Method 1 access (one copy posted publicly) and Method 2 access (other copies recordable by observers) makes Texas relatively accessible for AV operations — though “accessible” should be qualified by the fact that the poll watcher appointment itself requires partisan or candidate sponsorship.

Florida poll watchers are appointed by candidates, political parties, or political committees, with each watcher requiring approval from the county Supervisor of Elections. Watchers must show identification and wear a designated badge. Their role is to observe; they may not interact with voters. Specific rules on recording during the closing procedure vary by county.

Colorado election watchers are appointed by candidates, political parties, and issue committees. They must receive a certificate of appointment and take an oath. Trained watchers may observe many parts of the election process, including logic and accuracy testing of voting equipment, voter check-in, signature verification, canvassing, and recounts.

Other states each have their own specific rules; the state-by-state appendix (B.3) catalogs them where AC has operational experience.

The user must understand the rules of their specific appointment and jurisdiction before recording. Recording outside the scope of the appointment can result in the recording being deemed inadmissible, the user losing their credentials, or being asked to leave. When in doubt, the user should confirm with the appointing authority before the election whether recording is permitted and under what conditions.

Why Method 2 is the strongest chain-of-custody access

Recording at the source — at the moment the tape is printed, before any transport, handling, or posting has occurred — gives the recording the strongest possible chain of custody. The video documents the tape in its original condition, in the original location, at the original time. There is no gap between the tape being produced and the tape being recorded. For evidentiary purposes (Section 6.4), this is the ideal.

Method 2 recordings also tend to be higher quality. The recording happens in a controlled indoor environment with adequate lighting, no weather interference, and no time pressure from the tape being taken down.

Template for requesting supervisor permission

Users planning to use Method 2 should communicate with the polling place supervisor before election day. A brief, clear communication works best:

“I am appointed as a [poll watcher / poll worker] for [polling place name] for the [election date] election. I am also a volunteer with America Counts, a non-partisan non-profit that independently verifies vote reporting. After polls close and the results tapes are printed, I would like to video-record the poll tapes using my phone before they are sealed. This recording will be used only for vote reporting verification. Can you confirm that this is permitted under the rules for my appointment?”

This communication should happen before election day so that any issues can be resolved in advance. Asking for the first time at the polling place on election night is likely to produce confusion and possibly refusal.

7.4 — Method 3: Appointment with Elections Office

Overview

Method 3 uses the public-records nature of poll tapes to obtain access by direct arrangement with the local elections office. The user makes an appointment, visits the office, and views and records poll tapes from a recent election. This method is the workhorse for jurisdictions that do not post poll tapes after closing.

When to use it

Use Method 3 when your jurisdiction does not post poll tapes after closing (Method 1 unavailable), you are not an appointed observer or worker (Method 2 unavailable), and you can travel to the elections office during business hours. Method 3 is also the most scalable method: a single visit to one office can produce recordings of dozens or hundreds of poll tapes covering an entire county, compared to Method 1’s one-polling-place-at-a-time model.

How to arrange the visit

The general process involves identifying the right office (usually the county elections office, found through the state Secretary of State’s directory), making contact by phone or email, explaining who you are and what you want to do, and scheduling a time to visit.

The key to a successful Method 3 arrangement is a clear, friendly, brief initial communication. The user should identify themselves as a volunteer with America Counts, state the purpose (comparing poll tape totals to official results), identify the specific election, and ask when would be a convenient time to visit. Being prepared for questions — who is America Counts? what will you do with the recordings? will you accuse us of fraud? — is essential. Hostility is rare but not unknown, and the right response is calm professionalism.

AC recommends coordinating with America Counts before any Method 3 visit. Email Jason Flatley to notify AC about the planned visit; AC may have specific guidance about what to record, what precincts to prioritize, or what to ask the office about.

What to expect at the office

A typical Method 3 visit follows a predictable pattern. The user arrives at the scheduled time, bringing identification, a phone with a charged battery, and any materials the office requested. The receptionist or election staff directs the user to where the materials are kept — this may be a conference room, a workspace, or in some cases the records storage area itself.

The office produces the poll tapes, typically organized by precinct or by polling place. The user may be able to see all the tapes from the election or only a subset, depending on the office’s organization and willingness. Some offices may produce digital scans rather than physical tapes.

The user sets up a recording station: a flat surface with good lighting, the phone positioned to capture clear images, and a system for tracking which tapes have been recorded. Working through tapes systematically — by precinct number, alphabetically, or however the office has them organized — prevents accidentally skipping tapes or recording duplicates.

For each tape, the user opens the Actual Vote app and records the tape individually, framing it clearly and making sure the precinct identification (typically printed at the top of the tape) is captured. If a tape cannot be identified from its printed header, the office staff can usually clarify which precinct it came from. If a value is illegible, if a tape appears damaged or partial, or if anything seems unusual, the user should ask staff rather than guess.

Before leaving, the user confirms that all recordings have uploaded to the archive. If the cell signal inside the building is weak, the user may need to wait until they are outside or at home to confirm. The user should thank the staff — Method 3 depends on the cooperation of elections offices, and future visits (by the user or by other AC volunteers) will go better if the relationship is positive.

Timeline expectations

Method 3 is slower than Method 1 because of the appointment process and office visit logistics. A typical timeline for a Method 3 effort looks like this: on Day 0, the election occurs. On Days 1–2, the user contacts the elections office and schedules an appointment. On Days 3–7, the appointment occurs and recordings are made. On Days 4–10, AC vets and transcribes the submissions. On Days 8–14, AC builds comparison logic, runs the comparison, and investigates apparent discrepancies. By Days 14–21, AC can issue a report — possibly before the certification date, depending on the jurisdiction’s certification timeline.

For elections with short certification windows (one to two weeks), Method 3 may produce findings only after certification. For elections with longer windows (three to four weeks), Method 3 can produce findings in the before-certification window. The user and AC should coordinate on timeline expectations early so that everyone understands whether a before-certification report is realistic.

The Citizens Audit Broward example

The most documented example of Method 3 is the Citizens Audit Broward (CAB) effort in 2020. CAB is a local civic group in Broward County, Florida that operates as an AC Audit Committee. In September 2020, CAB sent a team to the Broward County Supervisor of Elections office to record poll tapes from recent elections. The visit produced enough recordings to support a substantial multi-precinct analysis.

The CAB experience demonstrated several important points. Method 3 scales: one visit produced coverage of many precincts. Cooperation is possible even in large counties: Broward County’s SOE office cooperated with the request. Method 3 works retrospectively: the recordings covered elections that were months in the past. And Method 3 can be a stepping stone to sustained engagement: CAB’s initial visit led to ongoing Audit Committee operations across multiple election cycles.

Handling resistance

Method 3 sometimes encounters resistance from elections offices. The office may be busy, may not understand the request, may be skeptical of independent auditors, or may have concerns about the political context.

The recommended approach to resistance is: remain calm and professional. Cite the legal basis briefly: “These are public records and I am requesting access as a member of the public.” Offer flexibility on timing: “When would be a better time?” Document any refusal for AC’s records. Bring AC in if needed — AC has experience following up with resistant offices through official correspondence, partner organization contacts, or FOIA appeals. Do not push confrontationally at the front desk; the path for difficult cases goes through AC.

Examples from specific jurisdictions

AC’s operational history includes Method 3 visits across several states. Henderson County, North Carolina provided cooperative access through the county elections office. Broward County, Florida (the CAB effort) demonstrated large-scale Method 3 operations. Wisconsin and Arizona have also been sites of Method 3 arrangements, each with jurisdiction-specific procedures and varying levels of cooperation.

Each jurisdiction’s experience is documented in AC’s operational records and informs the guidance in the state-by-state appendix (B.3). The accumulated institutional knowledge about which offices are cooperative, what procedures work, and what obstacles to expect is one of AC’s most valuable operational assets.

7.5 — Method 4: FOIA / Public Records Request

Overview

Method 4 uses formal public-records request processes to obtain poll tape images or scans from elections offices. It is the most formal of the access methods and the most useful when in-person visits are impractical or have been refused.

When to use it

Use Method 4 when Methods 1 through 3 are unavailable or have been unsuccessful. Method 4 creates a paper trail — formal requests and responses — that can be useful for follow-up or for legal proceedings. It is also useful as a complement to Method 3: a user who has visited the office can file a follow-up FOIA request to obtain records they could not capture on-site.

Filing a request

Each US jurisdiction has its own public-records law. The federal FOIA applies to federal agencies; state and local jurisdictions have their own equivalent statutes — Florida’s Sunshine Law, California’s Public Records Act, North Carolina’s Public Records Law, Texas’s Public Information Act, and so on. The state-by-state appendix (B.3) documents the relevant statute for each jurisdiction.

The general process for filing a request is: first, identify the right office (the county elections office is the typical recipient; in some jurisdictions, requests go to a county-level public records officer who then forwards them). Second, identify the right statute — federal FOIA does not apply to state or local elections, so the request must cite the state’s public records law. Third, draft the request in writing, being specific about what records are sought, for what election, and in what format. Vague requests are often denied or ignored. Fourth, submit the request — email is increasingly accepted, though some jurisdictions still require fax or mail. Get a confirmation of receipt if possible. Fifth, wait for the response. Most state public records laws require a response within a specified time (often five to ten business days), but the response may be a request for clarification, a partial denial, or a notice that records will be provided after a longer interval. Sixth, follow up as needed if the response is incomplete or unsatisfactory. Seventh, pay any required fees. Eighth, receive and review the records, which will typically arrive as digital files (scans, PDFs, image files) or as physical copies. Ninth, submit the records to AC — email to Jason Flatley or upload to a designated Google Drive folder. Coordinate with AC before submitting large batches.

Template language

The essential elements of an effective public records request for poll tapes include: identification of the requester (name, address, contact information), specific identification of the records requested (for example, “all poll tapes printed by voting machines in [county] for the [date] [election type] election”), format preference (digital is usually preferred; specifying “in any digital format the office maintains” gives the office flexibility), citation to the legal basis (the relevant state public records statute), an optional statement of purpose (something like “for an independent audit of vote reporting being conducted by America Counts, a 501(c)(3) non-profit non-partisan organization” — this is not legally required but can help establish good faith), willingness to pay reasonable fees, and contact information for follow-up. A full template request letter is provided in B.12.

What to expect

Most FOIA requests for poll tapes receive responses, though the responses vary widely. The best case is that the office produces digital scans of all poll tapes for the requested election within a few days, with no fee or a nominal fee. The common case involves the office acknowledging the request, asking clarifying questions, taking one to two weeks to produce the records, and charging a small fee. A mixed case involves the office producing some records but not others — common reasons include tapes that were lost or damaged, tapes claimed to be exempt for various reasons, unreasonably high fees, or records that exist only in a hard-to-deliver format. The worst case is outright denial, claims that records do not exist, claims of exemption from disclosure, or unreasonably high fees. Denials can be challenged through the state’s public records appeal process or, in rare cases, through litigation.

In all cases, the user should document the experience for AC’s records and for the state-by-state appendix (B.3).

Cost and timeline expectations

Most public records laws allow agencies to charge for actual copying or scanning costs. Fees should be modest — typically measured in cents per page or a flat hourly rate for staff time. If fees are excessive, this may itself be grounds for challenge; some states have provisions specifically against fee barriers to public records access.

Method 4 is the slowest access method. It will rarely produce findings in the before-certification window. It is most useful for after-certification analyses focused on transparency, the permanent record, and building the evidence base for future elections. For users who need before-certification findings, Method 4 should be combined with other methods (Method 1 or Method 3) so that the FOIA request serves as a backstop rather than the primary access path.

Handling denials and appeals

If a request is denied, the user should document the denial (including the stated reason), notify AC, and consider the available next steps: reformulating the request more specifically, filing a formal appeal through the state’s public records appeal process, or (in rare cases where the records are critical to an ongoing analysis) seeking legal assistance. AC has experience navigating denials and can advise on strategy.

7.6 — Method 5: Special Cases

Overview

Method 5 is the catch-all for situations that do not fit cleanly into Methods 1 through 4. It covers a real and recurring set of circumstances, but each instance is bespoke — the manual cannot give a step-by-step procedure because the procedure depends on the specific case.

Common special cases

SOE emails PDF scans of tapes. Some elections offices will email digital scans of poll tapes as an informal alternative to a formal FOIA request or as part of an established relationship with AC.

SOE mails physical tapes. Some offices will mail physical poll tapes or photocopies. The recipient then video-records or scans the mailed material and submits it to AC.

Partner organization referrals. Partner organizations (Scrutineers, local civic groups, local voting rights organizations) sometimes provide AC with poll tape data they have collected through their own processes.

Novel arrangements. From time to time, an unusual access path emerges — a candidate or campaign sharing observer-collected tapes, another audit organization sharing data, or a creative arrangement negotiated with a specific office. Each is handled on a case-by-case basis.

Scraping official ENR websites. For the comparison side of the pipeline (not the poll tape side), AC sometimes needs to obtain official Election Night Returns data from county websites. This data scraping is a distinct activity from poll tape access, but it uses similar operational skills and is coordinated as part of the overall analysis effort.

When to contact AC

Method 5 is the situation in which contacting AC directly is most valuable. Because each case is different, the user often cannot determine on their own whether the situation is workable or what AC needs. Users in Method 5 situations should email AC with a description of how they obtained or expect to obtain the data, the election in question, the format of the data, any constraints from the source, and their timeline and goals.

7.7 — Getting Started: The In-App Consent Flow

The “Before You Start” screen

Every user’s first interaction with the Actual Vote system — before they record anything — is the in-app consent flow. This is the sequence of screens that the user sees when they first open the app, create an account, and prepare to make their first recording.

The consent flow serves several purposes. It sets expectations for the experience: what the user will be doing, what the recording will be used for, and what the user’s rights and responsibilities are. It obtains legally meaningful consent: the user agrees to the User Agreement and acknowledges the Privacy Policy. And it introduces the minimum information collection philosophy: AC collects only the data necessary for the system to function (video, GPS, timestamp, precinct identifier, email for authentication) and explicitly does not collect information about the user’s voting behavior, political views, or party affiliation.

User Agreement acceptance

The User Agreement (reproduced in full as Appendix B.4) establishes the terms under which the user participates in the Actual Vote system. Key provisions include: the user grants AC a license to use, display, and analyze the recordings; the user agrees not to use the app for coordinated partisan purposes; the user acknowledges that AC makes no guarantees about specific outcomes; and the user agrees to the privacy practices described in the Privacy Policy.

The User Agreement is accepted through an explicit tap/click — it is not buried in a wall of text that the user scrolls past. The consent flow is designed to make the acceptance affirmative and informed.

Privacy Policy acknowledgment

The Privacy Policy (also accessible through the app and the website) describes what data AC collects, how it is used, how it is stored, and what rights the user has. The key commitments are: AC collects the minimum data necessary; AC does not sell user data; AC does not share individual user data with third parties except as required for system operation; and AC does not collect information about users’ political views, voting history, or party affiliation.

The privacy philosophy — minimum collection, no political profiling, transparency about practices — is a direct expression of the Non-Partisanship Principle (Section 13.2) and the Transparency Principle (Section 13.1). Users who are cautious about data collection should be reassured that AC’s data practices are designed to protect their privacy while enabling the system to function.

How the consent flow sets expectations

The consent flow is the user’s first impression of the Actual Vote system. It communicates several things simultaneously: that the work is serious (there are legal agreements), that privacy is protected (there is a clear privacy policy), that the organization is transparent (the terms and policies are available for review), and that participation is voluntary and informed (consent is affirmative).

For a user who has never participated in election observation before, the consent flow also serves as a gentle introduction to the concept. The “Before You Start” screen explains what poll tapes are, what video-recording them accomplishes, and how the user’s contribution fits into the larger verification effort. This framing helps users understand not just the mechanics of what they are doing but the purpose behind it.