Laws regarding freedom of access to voted ballots are often fuzzy at best, and seem downright restrictive at worst. Michigan Attorney General Mike Cox has written a very enlightened opinion responding to a question from Michigan Secretary of State Terri Lynn Land. Cox concludes:
"Voted ballots evidence the electors' preferences, and ultimately support the election or defeat of candidates and the approval or disapproval of ballot proposals in an election. They are the primary source for election results. Therefore, voted ballots are "writings" that record meaningful content and constitute "public records" for purposes of the FOIA."
He then goes on to address common misunderstandings of "secret ballot":
"Importantly, the question you pose does not raise "secrecy of the ballot" concerns because, as described above, a ballot is no longer traceable to the elector who voted it once the stub with its unique serial number is removed and the ballot is placed in the tabulator. Once placed in the tabulator, the voter's ballot and the selections recorded upon it become anonymous."
The opinion is thorough, well written, and a great read for those who wish to better understand the issues of election transparency, even for those outside of Michigan.
http://www.bbvforums.org/forums/messages/150/MI_AG_7247-80970.pdf
http://www.bbvforums.org/forums/messages/150/MI_AG_7247att-80971.pdf
This is yet another victory in the fight for election transparency. One state at a time people are realizing that the genius of the Australian ballot system lies in it's ability to simultaneously provide private voting and ballot transparency.
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