Electronically Filed

Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM
Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM
 Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM

EXHIBIT E
 SCEC NO. 18-0000909
Electronically Filed
IN THE SUPREME COURT OF THE STATE OF HAWAI'I Supreme Court
SCEC-18-0000909
THOMAS WATERS, a/k/a TOMMY DECLARATION OF DAVID MAGEDSON;
31-DEC-2018
WATERS, EXHIBIT A 01:42 PM
Petitioner,

V.

SCOTT NAGO, Chief Elections Officer;

STATE OF HAWAI'l OFFICE OF
ELECTIONS; and GLEN TAKAHASHI, in
his official capacity as the City Clerk of the
City & County of Honolulu,

Respondents

DECLARATION OF DAVID MAGEDSON

I, DAVID MAGEDSON, do declare under penalty of law that the following is true and

correct:

1. I am a resident of Williamson County, State of Texas, and am a Program Manager

for Hart InterCivic, Inc., which provides the voting system utilized by the State of Hawaii.

2. I make this declaration based on my personal knowledge and am competent to

testify as to the matters set forth herein.

3. In my capacity as Program Manager for Hart InterCivic, Inc., I am familiar with

the operation of Hart voting system technology and can explain how the Hart voting system

works.

4. The voting system utilized for the 2018 general election in Hawaii is from Hart

InterCivic. In terms of vote recording devices, the system is comprised of three components.
The first component is the eSlate, which is a direct recording electronic voting unit that provides

accessible voting to individuals with disabilities. Each eSlate includes a verifiable ballot option,

whereby a paper record of each vote cast is printed and retained by the device. The second

component is the eScan, which is a digital ballot imaging precinct counter, in which the voter

inserts his or her ballot to be counted and deposited into the precinct counter. The third

component is Ballot Now which utilizes high-speed scanners to scan absentee ballots to be

counted.

5. The State of Hawaii completely migrated to Hart InterCivic in 2008(i.e., eSlate,

eScan, and Ballot Now).

6. Hart InterCivic's Ballot Now uses commercial full-sheet scanning technology to

record a full digital image of the voted ballot. Typical resolution of the full-sheet scan is 200

dots per inch( dpi). This resolution provides a high-quality digital image of the voted ballot that

is saved on the Ballot Now system and is used for all subsequent election activities.

7. After the scanner converts the paper ballot to an electronic image, Ballot Now

analyzes marks at a resolution of 200 dots per inch(dpi). The software counts the number of

pixels inside each option box in the digital image.

8. Attached hereto as Exhibit A is a true and correct copy of the manner in which

Ballot Now records votes.

9. As indicated in the document, if more than 4.2% of the pixels are marked, the

option box will be recorded as having been marked. Additionally, when an option box is marked

so that the number of counted pixels is extremely close to our threshold(+/- 7 pixels), it is

possible for an option box to be read as marked in one scan, but read as unmarked in a second

scan(or vice-versa). Studies of past election data have shown that only around .046% of option

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 Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM

EXHIBIT A
Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM
Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM
 NOTICE OF ELECTRONIC FILING

Electronically Filed
Supreme Court
SCEC-18-0000909
31-DEC-2018
01:42 PM
An electronic filing was submitted in Case Number SCEC-18-0000909. You may review the filing through the Judiciary Electronic Filing System. Please monitor your email for
future notifications.

Case ID: SCEC-18-0000909

Title: Thomas Waters, a/k/a Tommy Waters Petitioner, vs. Scott Nago, Chief Elections Officer, State of Hawaii Office of
Elections and Glen Takahashi, in his official capacity as City Clerk of the City & County of Honolulu
Filing Date / Time: MONDAY, DECEMBER 31, 2018 01:42:08 PM
Filing Parties: Scott Nago
State of Hawaii Chief Election Officer
Valri Kunimoto
Case Type: Election Contest
Lead Document(s): 57-Other
Supporting Document(s): 58-Declaration
59-Exhibit
60-Declaration
61-Exhibit
62-Declaration
63-Certificate of Service

If the filing noted above includes a document, this Notice of Electronic Filing is service of the document under the Hawai`i Electronic Filing and Service Rules.

This notification is being electronically mailed to:

Abigail Holden ( aholden@cfhawaii.com )
Robert K. Fricke ( rfricke@cfhawaii.com )
Joachim Paul Cox ( jcox@cfhawaii.com )
Ernest H. Nomura ( enomura@honolulu.gov )
Duane W.H. Pang ( dpang1@honolulu.gov )

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Donna Y.L. Leong ( COR@honolulu.gov )
Valri L. Kunimoto ( valri.l.kunimoto@hawaii.gov )
Patricia T. Ohara ( patricia.t.ohara@hawaii.gov )
Thomas Waters ( tommywaters@hawaii.rr.com )

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