Trusting any part of an electronic voting system is like trusting Bernie Ebbers to be 'a little' honest about his Worldcomm dealings... Today Ebbers is convicted of all 11 counts and faces 85 years in jail.. we need to swiftly convict DRE machine vendors as being UNWORTHY of another single penny toward counting our votes!!!!!
check out this website....
www.voterchoice.org
**** following from the website....
. WHY DO GEORGIANS NEED IMPROVED ELECTRONIC VOTING LEGISLATION?
After Georgia implemented new electronic voting machines statewide, the Free Congress Foundation recently identified Georgia as having the worst voting systems implementation in the nation. Georgia received a report card grade of F- on a national average of C+. Officials in a variety of other states across the nation have already found that the voting machines, software and procedures used in Georgia are seriously flawed. For example:
· In California, Secretary of State Kevin Shelley, permanently banned electronic voting machines that are of the similar series and use software identical to those used in Georgia. (AVTS-R6, Diebold Version 4.3.14, Jan. 15, 2003). He also decertified all electronic voting machines for use until identified security measures could be met. His actions were based on a unanimous recommendation in 2004 from the California Voting Systems and Procedures Panel.
* In Maryland, the same electronic voting machines used in Georgia are the subject of a lawsuit filed in 2004 by TrueVote MD against the state for: “improperly certifying the Diebold AccuVote-TS electronic voting machines used in Maryland and then failing to either correct or decertify the machines…” Sworn depositions and supporting research indicate that similar improper certification occurred in Georgia. Governor Ehrlich and the Maryland General Assembly ordered studies from SAIC and RABA technologies, which respectively found 26 security weakness and “considerable security risks” with the same type of electronic voting machines and software that are used in Georgia.
* In Nevada, the Secretary of State requested a voting machine security assessment by the State Gaming Commission Electronic Services Division chief who concluded on November 26, 2003 that: “I believe the Diebold electronic voting machine, operating on the software analyzed in the John Hopkins report and the SAIC Risk Assessment Report, represents a legitimate threat to the integrity of the election process”. The Johns Hopkins report found: “With respect to the Diebold AccuVote TS and TSx, we found gross design and programming errors”. These series of machines include the electronic voting machines and software that are being used to conduct elections in Georgia.
· In Ohio on July 16, 2004, Secretary of State, Kenneth Blackwell, halted deployment of Diebold electronic voting machines that were originally planned for the 2004 primaries and general election after a state ordered study by Compuware found that the machines had the highest number of security risks of any machines evaluated. Blackwell required that the security risks be corrected before the Diebold machines can be implemented in Ohio. Once again, these machines are the same type running the identical software as those currently being used to conduct elections in Georgia.
In summary, four different states and seven different state authorized or state recognized reports have concluded that the same basic voting systems, software and procedures used in Georgia are inadequate to conduct elections in their states. The people of Georgia deserve better.
3. WHY IS THE GEORGIA VOTING SYSTEM IMPLEMENTATION RATED AS THE WORST IN THE USA?
In 2000 and prior years, most Georgia voting was conducted on punch card and optical scan equipment that had inherent external audit trails and few problems. This equipment allowed voters to verify that the correct number for each candidate was selected for the ballot while also allowing poll workers to verify that the correct totals were produced for each number. Roughly 53% of Georgia voters used optical scanning equipment and about 83% of the voters had a system that produced some form of paper, which could be used in a recount.
Today, no citizen in the state can verify whether or not his or her vote in an election was recorded correctly. Also, no poll worker in the state can audit whether or not votes were summarized correctly at the precinct, city or state levels. In addition, no tangible physical evidence of voter intent is retained for counts, recounts, audits or elections challenge proceedings. Subsequently the state has no capability for an election recount but only a reprint of unverifiable election results. After electronic voting machines were implemented in Georgia during 2002, the number of Georgia voters who can cast a verifiable, auditable ballot was reduced from roughly 83% to 0%.
4. WHY DO GEORGIANS SPECIFICALLY NEED ELECTRONIC VOTE COUNT PROTECTION?
Electronic voting machines can be accidentally or intentionally programmed to record and count the vote differently than what was intended by the voter. Here are some examples of things that could happen:
* The ballot screen can be interpreted incorrectly when a ballot is recorded;
* Ballot recording can be programmatically distorted during a certain date range;
* Ballot recording can be programmatically distorted after a certain number of ballots are processed;
* Ballot recording can be programmatically distorted after an abnormal combination of votes on a ballot;
* Ballot recording or accumulations can be distorted after receiving a signal or false results via a modem.
* Default selections for undervotes can be improperly chosen contrary to voter intent
* Counts can accumulated incorrectly from the voting machines to precinct totals;
* Counts can be accumulated incorrectly from the precincts to county totals;
* Counts can be accumulated incorrectly from counties to the statewide totals;
These security risks can be averted with basic external audit procedures that are employed in almost any American business system. Such protective procedures were ignored in 2002 when electronic voting was implemented in Georgia, therefore, our current voting systems are now wide open to the abuse, errors and fraud described above.
5. WHAT LEGAL RIGHTS DO GEORGIANS HAVE TO PROTECT THEIR VOTE COUNT?
Evidence indicates that Georgia elections are being conducted in violation of U.S. Supreme Court rulings, the Help America Vote Act and several sections of the Georgia code. For example:
* The U.S. Supreme Court, in Reynolds v. Sims, 377 U.S. 533 (1964), confirmed its previous decisions on vote counting by stating: "It has been repeatedly recognized that all qualified voters have a constitutionally protected right to vote . . . and to have their votes counted". In United States v. Mosley, 238 U.S. 383, the Supreme Court stated that it is "as equally unquestionable that the right to have one's vote counted is as open to protection . . . as the right to put a ballot in a box".
* The Help America Vote Act (HAVA), Public Law 107-252, that was used to federally reimburse funds spent by Georgia for electronic voting machines requires that: “the voting system shall produce a permanent paper record with manual audit capacity”.
* The state of Georgia is obligated to enforce "fair, legal, and orderly conduct of primaries and elections" according to Title 21, Chapter 2 and Subchapter 31 of the Georgia code.
The U.S. Supreme Court has protected the right of citizens to have their vote counted, the Help America Vote Act has mandated a permanent paper record with manual audit capacity and Georgia requires “fair, legal and orderly conduct of primaries and elections”. These precedents are currently being ignored in Goergia.
6. WHAT ELECTRONIC VOTING PROBLEMS DOES GEORGIA HAVE THAT NECESSITATE LEGISLATION?
Although the office of the Secretary of State has reported that no significant problems exist with electronic voting in Georgia, here are some documented examples that indicate otherwise:
* Unsecured Software – Four states and seven state authorized or recognized reports concluded that the same basic voting software used in Georgia was too unsecured to conduct elections in those states.
* Illegal Software Patches – A sworn deposition a Diebold contractor, and public statements from city and county elections officials have documented that multiple illegal software patches were installed several times on different occasions after Diebold machines were supposedly certified for the 2002 election.
* Improper Certification - No documentation has been produced to prove that electronic voting machines were certified for the 2002 election. Upon request, Clifford Tatum, Assistant Director of Legal Affairs at the Election Commission replied: "we have determined that no records exist in the Secretary of State's office regarding a certification letter from the lab certifying the version of software used on Election Day."
* Unlawful Acquisition Secrecy - The State of Georgia agreed to purchase electronic voting machines in May of 2002 through a secret, confidential contract that the Georgia Technology Authority claimed is exempt from the state’s Open Records Act in a response to an August 2003 Open Records Act request.
* Incorrect Undervote Reporting –Documentation obtained from county election officials have shown that the undervote reporting percentages provided by the Office of the Secretary of State are not accurate.
* Inappropriate Vendor Conduct – Diebold employees, who have not taken a sworn oath to uphold Georgia election law, have been granted abnormal access to election results during elections. This includes electronically connecting to county servers for real time monitoring of election results, repeatedly transmitting inaccurate county results and handling voting machines that contained memory cards with completed absentee ballots.
* Stolen Equipment – On June 10, 2002, six Diebold servers with Gem software and other equipment were stolen from a Bibb county Ramada Inn. The Gem software installed on county servers in Georgia does not have controls to prevent the stolen servers from being used to observe, intercept or distort election results.
* Negligent Ballot Control – Several cases have been documented where thousands of ballots were misplaced and not counted on election night. In addition, machines have failed and been swapped out without any controls being placed on the ballots that are contained by either machine involved in the swap. Worst yet, no procedures exist to ensure that the memory card issued for a voting machine is the same card that supplied the count for that machine.
* Uncounted Votes – The software used in Georgia has no way to distinguish the votes of separate write in candidates. In the March 2003, Macon mayor race, ballot images had to be printed and manually counted to determine the results of the race where two write-in candidates garnered over 30% of the total vote.
* Unlawful Operations Secrecy – Although Title 21 Chapter 2-Subchapter 2-406, 408 of the state elections code requires state election workers to conduct the business of elections in public, at least one voter choice coalition member has been refused admission to observe election proceedings at a tabulation center.
These examples and the other problems stated in this overview clearly show that Georgia electronic voting has experienced serious problems that need to be corrected. Nevertheless, the office of the Secretary of State has led most people to believe that elections in Georgia have been smooth and relatively trouble free. In reality, no one in Georgia, including every election official, knows whether or not elections have been smooth because none of the election results can be verified.
7. HOW WILL THE VOTE COUNT PROTECTION ACT SOLVE THE PROBLEMS?
The Vote Count Protection Act will restore the protections that Georgia voters had prior to statewide implementation of electronic machines in 2002 and offer several new protections. For example, this Act will:
* Provide a permanent, tangible, paper record as the official ballot of votes recorded for each voter;
* Specify that the tangible paper records are the official ballots to be used for counting, auditing, recounting the vote and for election challenge proceedings;
* Offer each voter the opportunity to verify and affirm that the official ballot has accurately recorded his or her intent before casting the ballot for counting;
* Restore public ballot counting procedures at the precinct on election night for all voting systems in Georgia;
* Protect against any type of election fraud by allowing manual results to be compared against electronic results at the precinct on election night;
* Ensure that all tabulation center operations are conducted publicly and that precinct results are made public immediately;
* Include a provision for voice prompts to assist visually impaired voters with ballot verification;
All of these features are non-partisan provisions that almost every citizen in Georgia would expect and many may even believe are already in place. However, these provisions do not exist, are currently ignored or have been removed from previous Georgia election law.
8. WHY CAN’T WE RELY ON STATE ELECTION OFFICIALS TO SOLVE THESE PROBLEMS?
Election officials serve under the direction of the Georgia Secretary of State who has actually created most of the problems detailed in this overview. Specifically, the office of the Secretary of State has:
* Failed to evaluate electronic voting machines from vendors who provide verifiable, auditable ballots
* Participated in a secret contract to acquire the electronic voting machines and software that have been ruled inadequate to conduct elections in four states
* Did not properly certify the electronic voting machines that were installed in 2002
* Replaced verifiable, auditable ballots that existed in most Georgia precincts with electronic records that cannot be verified or externally audited
* Consistently and adamantly opposed efforts to restore verifiable or auditable elections in Georgia
* Opposed the 2004 Senate Bill, SB500, that attempted to provide voter verified paper ballots
* Ignored certain rulings and regulations from the U.S. Supreme Court, the Help America Vote Act and Georgia state codes
* Incorrectly stated to Senate committees in 2004 that there were no federally certified electronic voting machines that produced a voter verified paper ballot.
* Failed to respond to 15 items of a March 4, 2003 Open Records Act request
· Retained an expert who personally and publicly attacked a Georgia citizen in electronic print when he pointed out that the electronic voting machines under consideration had no external audit trails
This track record of working in a manner that is contrary to the best interests of voters in Georgia has proven that the office of the Secretary of State does not have credibility or desire to solve these problems.
9. WHAT ARE THE NEXT STEPS FOR RESOLVING THE PROBLEMS?
The Georgia Vote Count Protection Act must be passed into law. It is a completely nonpartisan piece of legislation that was drafted by Georgia citizens for Georgia citizens and has already gained wide support. It is also clearly written and easily understood by legislators and citizens alike. If you are a legislator we ask that you refer to the special legislator page on our web site, contact us for more information and please sponsor or support this bill. If you are citizen we ask that you use this overview to contact your Ga. State Senator and House Representative to request their sponsorship or support. For more information please contact us at 404 806 0035. Thank you for your concern regarding this critical Georgia issue.
10. BIBLIOGRAPHY
State of Georgia DRE Timeline:
http://www.sos.state.ga.us/pressrel/dretimeline.htmFree Congress Foundation Report:
http://countthevote.org/fminus.htmCalifornia De-Certification:
http://www.ss.ca.gov/elections/ks_dre_papers/decert.pdfOhio Halt of DREs:
http://www.sos.state.oh.us/sos/news/release/07-16-04.htmNevada Statement:
http://sos.state.nv.us/press/121003.htmTrueVoteMD Lawsuit:
http://truevotemdorg/litigation_complaint.asp2001 CalTech/MIT Report:
http://www.vote.caltech.edu/Reports/2001report.htmlJohns Hopkins/Rice Report:
http://avirubin.com/vote/analysis/index.htmlSAIC Report:
http://www.dbm.maryland.gov/dbm_publishing/public_content/dbm_search/technology/toc_voting_system_report/votingsystemreportfinal.pdfRABA Technologies Report:
http://www.rabacom/press/TA_Report_AccuVote.pdfCompuware Report:
http://www.sos.state.oh.us/sos/hava/files/compuware.pdfDiebold Employee Rob Behler's statement:
http://countthevoteorg/behler_interview.htmCliff Tatum denial of certification letter:
http://countthevote.org/nocert.htmReal Time Monitoring allowed:
http://countthevote.org/monitor.htmWalker County Inaccurate Results:
http://countthevote.org/walker_county.htmUndervotes reprogrammed to Blank Voted Ballots: