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ES&S Facing Fines, Decertification in CA for Use of Uncertified Software on Voting Systems

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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 11:55 AM
Original message
ES&S Facing Fines, Decertification in CA for Use of Uncertified Software on Voting Systems
Source: BRAD BLOG



ES&S Facing Massive Fines, Possible Decertification in CA for Use of Uncertified Software on Voting Systems
Code Used on Company's AutoMARK Ballot Marking Device Modified, Used Without State Approval

Could Face $10,000 Fine Per Machine, Full Refund of Purchase Price, Prohibition from Doing Business in State of California...

--By Brad Friedman from St. Louis, MO...

ES&S, the country's largest distributor of voting machines, looks to be in a lot of trouble in California. A public notice posted this morning announces that the company "has violated" CA Elections Code by modifying "hundreds of units of a version of the AutoMARK ballot marking device" without certification or permission of the Secretary of State...

The notice goes on to announce a hearing that will be held in Sacramento on September 20th to determine the penalties that ES&S may face, including a $10,000 fine per violation, complete refund for the price of the "compromised voting system, whether or not the voting system has been used in an election," full decertification of the system, and prohibition from doing business in the state...

COMPLETE STORY, MORE DETAILS: http://www.bradblog.com/?p=4985



Read more: http://www.bradblog.com/?p=4985
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IthinkThereforeIAM Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 12:41 PM
Response to Original message
1. It's about time someone called them on this...

... and the rest of the electronic voting accountability hoax perpetuated by the corporations and those putting financial interests before citizenship.
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pdefalla Donating Member (133 posts) Send PM | Profile | Ignore Tue Aug-21-07 12:43 PM
Response to Original message
2. Feels so good
You know, it's really heartwarming to see a law actually enforced against a large, well-connected corporation. I am so sick of seeing slap-on-the-wrist penalties against Halliburton and the like, and meaningless penalties against oil companies and other multinationals. Bowen is incredibly brave, and deserves all of our support. She is setting a standard that the rest of the nation will have a hard time ignoring. She had also better avoid small planes. I am sending her a hand-written note of thanks.

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trashcanistanista Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 01:22 PM
Response to Original message
3. Getting our money
back in California is the only way to get rid of these machines and invest in paper voting. This is power of the purse in the extreme and may put them out of business. Hopefully, other states will follow. Thank you Debra Bowen.
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Up2Late Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 01:38 PM
Response to Original message
4. Fines are good, Prison time would be better.
:mad:
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:31 PM
Response to Original message
5. Diebold's evil twin, ES&S, finally gets exposed!
And, in this case, both twins are plenty evil.

Diebold has become a household word, equivalent to stolen elections. So they recently (last week) changed the Diebold Election System's name to "Premier Election Systems" (and separated it from the main company, which does bank ATMs and other things). But ES&S was getting a free ride on Diebold's disrepute, and was picking up boffo election system contracts, as it skulked under the radar of the general public.

Bowen has now changed all that, with this amazing action of requiring ACCOUNTABILITY from this corporation (--amazing considering the miserable state of accountability, current in the U.S., in all spheres of corporate rule).

Diebold and ES&S were in fact born of the same rightwing monsters who lurk behind everything these days. ES&S was a spinoff of Diebold (similar computer architecture), initially funded by far rightwing billionaire Howard Ahmanson, who also have one million dollars to the extremist 'christian' Chalcedon foundation (which touts the death penalty for homosexuals, among other things). Diebold, of course, had notorious CEO Wally O'Dell, a Bush/Cheney campaign chair, and major fundraiser, who promised in writing to "deliver Ohio's electoral votes* to Bush/Cheney in 2004." He got outa Dodge last year. The two companies were run by two brothers, Bob and Tod Urosevich.

I began to really notice ES&S over the FL-13 election theft last October. ES&S voting machines 'disappeared' 18,000 votes for Congress in Democratic areas, in an election that was 'won' by the Bushite (natch!) by only 350 or so votes. When the lawyers for the Democrat (Christine Jennings) requested to review ES&S "trade secret" code--to try to figure out what happened to those 18,000 votes--ES&S REFUSED, and argued that their 'right' to profit from our election system TRUMPS the right of the voters to know how their votes were counted. Bloody arrogance. And some Bushite judge in Florida AGREED! (And, what is worse, our so-called 'Democratic' Congress has done nothing about it! NOTHING!)

Anyway, ES&S moved into MY radar with that arrogant stance. Their goddamned PROFIT off the taxpayers (billions!) TRUMPS our RIGHT to transparent vote counting--EVEN in an egregious case such as this?

Sometimes you forget--when tyrants assert something so blatant--that it may be a sign of their impending fall, rather than an assertion of monolithic, unassailable power. It may be intended to be scary--like an animal's baring of its teeth--but more a sign of vulnerability than anything else. Not that they can't still eat us alive. They can! They are still in control of election outcomes in MOST of the country. But the movement against them is truly snowballing now.

And what a wonderful thing it is to behold! Imagine having an election official--Debra Bowen--ACTUALLY DOING HER JOB! Being vigilant over our election system. Demanding accountability. Not putting up with this Bushite bullshit any more. It makes you want to weep!

Truth is, I'm still wary. This "trade secret" vote counting scam is so-o-o-o-o bad, it's the worse thing that has ever been done to this democracy. And one of the worst things about it is that BOTH parties did it. That's how it got entrenched so fast, and why the public was not more vigilant. The $3.9 e-voting boondoggle, and the election theft industry's filthy, unregulated lobbying also spread vast corruption among election officials, state legislators and Congress critters, very fast. We didn't have a chance.

Is Bowen TRULY going to clean it up? Or is this another "show," in which the bad guys change their names (Diebold to Premier), retire their radioactive execs, shift boards of directors around, and we end up with....."trade secret" code by another name. Say, Sequoia. (Did you see what Dan Rather had to say about THEM? Wow! Go view it at HD.net. Florida 2000, part one of the coup. Damp, stretchable, inferior-paper punchcards, made to order to produce "hanging chads.")

But we have REASON to be paranoid. Really we do! Is it real? Is she really going to restore transparent vote counting--and democracy? That's what she was elected to do (--elected against overwhelming odds, rigged voting machines and real bad guys in the shadows). But then, the Democratic Congress was elected to end the war, and what did THEY do? They ESCALATED it, and gave Bush/Cheney $100 billion MORE of our tax dollars to keep killing Iraqis until they sign over their oil rights--or, alternatively, if they won't, to attack Iran and get THEIR oil.

Everything I know about Bowen says she's for real. Still I wonder. My vigilant citizen tentacles have been stuck in "high alert" position since, oh, 11/3/04. But that's as it should be. It costs me--and many others--a lot in adrenalin. But maybe that's what it takes to get us off our butts, as a people, to reclaim our stolen country. High tension-wire citizenry, for the rest of our lives. Trust no one in public office! No one! Ever again!

Fully transparent elections (NO secret code ANYWHERE in the system), and open government, should be NORMAL conditions in an democracy. That they require special heroics and inspire fears for Debra Bowen's life are symptoms of the fascist coup that we have suffered. And our fears that transparent elections and open government will NOT BE PERMITTED are well-grounded fears--as is the fear that what IS permitted will be phony and cosmetic.

Just remember this: In so far as Debra Bowen is fighting for transparent elections and open government, she is an expression of US--of our will as a people. WE put her in a position to exercise her leadership and intelligence. And we had better support her in every way that we are able to. If she's genuine--and the evidence is quite strong that she is--then she will hang in there, no matter what. But the bad guys never rest, as we know. There are many perils ahead, on many fronts. And they are STILL IN POWER.

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rumpel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:44 PM
Response to Reply #5
6. Excellent post!
Thanks, Peace Patriot

Let's also be vigilant about the voter registration database. Every state is implementing their requirements and installing software and hardware, including "electronic" poll books.


:applause:
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 06:58 PM
Response to Reply #5
20. ES&S was in Texas and it sucked
the problem is we had two elections stolen from American people and evil shadow government take over
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diane in sf Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:49 PM
Response to Original message
7. Good, as goes California so goes the nation,
with any attention and luck!
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:52 PM
Response to Original message
8. Guess we know now how all those republicans won in CA
wonder if that included the governator.
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diane in sf Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 08:56 PM
Response to Reply #8
22. It wouldn't surprise me. Also Bush beating Ann Richards in Texas seems sort of suspicious.
toostupidtobepresident.com has a very funny animation about Arnie and Diebold you might enjoy.
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Babsbrain Donating Member (536 posts) Send PM | Profile | Ignore Tue Aug-21-07 02:53 PM
Response to Original message
9. HMMMM. why do I get the feeling this is one reason Rove 'went to the house'
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AtomicKitten Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:56 PM
Response to Original message
10. This Californian is breathing a sigh of relief.
However, there are many GOP Secretaries of State across this country that will be pleased as punch to keep the electronic cheating machines as is.
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Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 02:58 PM
Response to Original message
11. Good. After '04 our whole election process needs to be rethought.
We can start by throwing pink slips left and right at these election-rigging motherfuckers.
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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 03:08 PM
Response to Original message
12. ORIGINAL ARTICLE NOW UPDATED WITH STATEMENT FROM BOWEN!

Geezus. See the original article for an update including some incredible statements from Bowen!!!

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rumpel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 03:19 PM
Response to Original message
13. The unraveling commences
thanks for the news, Brad.

:hi:
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DFW Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 03:44 PM
Response to Original message
14. Howard has been pushing for this for a while
I bet this won't be the last we have heard of this.

On to Ohio!!!!!!!!!!!
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MasonJar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 04:47 PM
Response to Original message
15. Hallelujah!!!!!!!!!!!!!!! This is what we need to slow down the GOPers
cheat machine. I love the sound of those penalties. Our Sec of State has been calling for a review similar to the one that was done in California. (Kentucky...he's a dem of course.)
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MasonJar Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 04:51 PM
Response to Original message
16. Kudos to Bowen. She is probably tired of being cheated out of her
vote too. Dan Rather put the hurt on ES&S in his expose. I do not know how many saw it though. It was a top-drawer piece of journalism. Be sure to watch it if yopu haven't yet.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 05:12 PM
Response to Original message
17. you want an Iron Lady...here is your Iron Lady
It is these kinds of people at the top of the voting racket, and calling a spade a spade, that can make a difference that will root out the pukes...one flew over the cukoo's nest...this gal is on her way....this has made my day...thanx for the post
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Cosby Donating Member (31 posts) Send PM | Profile | Ignore Tue Aug-21-07 05:14 PM
Response to Original message
18. This is EXACTLY what we hired (elected) her to do.
I had run-ins with her in her previous job--and I knew she was the only person out there who could be a big enough (unkind word) to pull this off.

I promoted her to anyone I could get my hands on.

What a breath of fresh air, and I wrote her and told her so.

But, she's under an immense amount of pressure. I hope she can hold out.

This ES&S finding will certainly help to bolster her decertification of Diebold machines in, I believe, 39 counties.

Go Debra--get the bad guys.
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David Zephyr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 06:51 PM
Response to Original message
19. Don't fuck with California! We brought down Enron and we'll take down ES&S, too.
Oh, yeah!

Enron's little scam of California brought out the first subpoenas from Sacramento against their employees which began the snowball's little trip right to the flames of hell and eventually took Ken Lay's shitty life.

ES&S now has to deal with our kick ass ATTY. GENERAL JERRY BROWN who knows how to put a crooked corporation right into Saddam's woodchucker.

:bounce:
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Liberty Belle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-21-07 08:03 PM
Response to Original message
21. Time to celebrate! Thanks to Debra Bowen for her courage and wisdom.
:toast:
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micraphone Donating Member (284 posts) Send PM | Profile | Ignore Tue Aug-21-07 11:33 PM
Response to Original message
23. Don't forget this (we know 2004 was stolen)....
... so you must believe:

"10) Florida computer programmer Clinton Curtis (a life-long registered Republican) must be lying when he said in a sworn affidavit that his employers at Yang Enterprises, Inc. (YEI) and Tom Feeney (general counsel and lobbyist for YEI, GOP state legislator and Jeb Bush’s 1994 running mate for Florida Lt. Governor) asked him in 2000 to create a computer program to undetectably alter vote totals. Curtis, under the initial impression that he was creating this software in order to forestall possible fraud, handed over the program to his employer Mrs. Li Woan Yang, and was told: “You don’t understand, in order to get the contract we have to hide the manipulation in the source code. This program is needed to control the vote in south Florida.” (Boldface in original)"
http://www.projectcensored.org/newsflash/voter_fraud.html

STILL no meaningful investigation into impossible wins in so many crucial electorates...
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-22-07 12:16 AM
Response to Original message
24. Collect the fines, Debra.
Those funds will help initialize hand counts in those counties.

!

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RadiDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-22-07 01:52 PM
Response to Original message
25. I heard you on Ed Shultz yesterday - you were GREAT ! keep up the good work !
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