This happened last Tuesday at the County Council meeting.... Unfortunately, this afternoon their three person Election Board voted 2-1 to buy the Sequoia Advantage instead. :-(
Thanks to to the lone Republican board member Dave Fawcett for being the lone hold out for optical scan, and thank you to the brave citizens of Allegheny County for putting up a great fight through five (5!) Board of Elections meetings to get an auditable, recountable system with a voter verified paper ballot. Unfortunately that was not to be today, but the Allegheny election integrity patriots did a lot of educating and laid the groundwork for passage of SB977 / HB2000 and the audits and observation that will be needed as these machines fail (and they will) so eventually we WILL get open, transparent elections!
http://legistar.county.allegheny.pa.us/detailreport/?key=3096Allegheny County Council
Legislative File Number 2428-06 (version 1)
Motion expressing the sense of Council of Allegheny County and urging the Board of Elections not to
consider electronic voting systems manufactured by Diebold, Inc. as viable alternatives for Allegheny
County's move to a HAVA-compliant voting system.
WHEREAS, the Help America Vote act requires the replacement of Allegheny County's lever
voting machines in time for the May 2006 Primary Election; and
WHEREAS, Allegheny County has been advised by the Department of Administrative Services
to acquire approximately 5,600 Diebold TSX voting machines, and the Board of Elections, which is
vested with authority over purchasing new voting machines under the Pennsylvania Election Code at 25
P.S. §2642(c), is currently considering this purchase; and
WHEREAS, the voters of Allegheny County who have commented upon the acquisition of
Diebold machines have overwhelmingly voiced their distrust of both the manufacturer and its product;
and
WHEREAS, comments made by the voters have highlighted a promise made by the then Chief
Executive Officer of Diebold, Walden O'Dell, that he was "committed to helping Ohio deliver its
electoral votes to" one party's candidate in the 2004 general election, as evidence of Diebold's partiality;
and
WHEREAS, these comments have also highlighted Mr. O'Dell's federally designated status as a
fundraising Pioneer, a designation that is only made when an individual has raised at least $100,000 for
the campaign activities of a specific party, as indicative of Diebold's established and longstanding
partisan political activities; and
WHEREAS, comments have also centered upon the decertification of Diebold's TSX machines
in California in 2004, which was occasioned in part by allegations that Diebold installed uncertified
software on its machines on the eve of California's March 2004 primary, an action which could
constitute a violation of both federal and California election law; and
WHEREAS, in the course of the California decertification hearings, Marc Carrel, the then
Assistant Secretary of State for Policy and Planning, stated that he was "disgusted by the actions of this
company, and I think we should forward our recommendations to the Attorney General, because I can't
believe that a lot of the statements made...were accurate;" and
WHEREAS, Mark Kyle, the chair of the panel conducting the California decertification
hearings, characterized Diebold's testimony before the panel as "ludicrous and offensive," and noted that
"
here's contradictory testimony here, folks, and it sounds like someone's not being truthful. Quite
frankly, the panel is sick of it;" and
WHEREAS, the State of California ultimately filed suit against Diebold, with the company
finally agreeing to pay a $2.6 million settlement; and
WHEREAS, Rob Behler, an engineer hired to prepare Diebold's electronic voting machines for
the 2002 gubernatorial election in Georgia, has also alleged that Diebold installed uncertified software on
its machines in violation of federal and Georgia election law; and
WHEREAS, in 2005, Diebold refused to sell its voting machines in North Carolina, because
state officials insisted upon being given detailed information about all software used in electronic voting
machines, a step which Diebold is unwilling or unable to take, even though this decision is directly
contrary to the concept of free access to source code that computer scientists have uniformly insisted in
their comments to the Board of Elections is essential to verifiable elections;
NOW THEREFORE, IT IS MOVED, AND IT IS THE SENSE OF THE COUNCIL OF
ALLEGHENY COUNTY, that the legitimacy and validity of any election are only as strong as the
voters' confidence that their ballots were correctly and impartially tabulated, and that any erosion of this
confidence, whether due to real or perceived factors, runs directly contrary to the core values of equal
and unfettered exercise of the fundamental right to vote. Because of the number of comments that have
been expressed both to the Board of Elections and to Council by the voters of Allegheny County against
acquiring Diebold voting systems, because of the significance of the voters' allegations of Diebold's
partiality, untruthfulness, and willingness to circumvent both state and federal election laws, and because
of Diebold's refusal to permit free access to its source code, Council finds that it is impossible to
conclude that the voters of Allegheny County currently have or will ever have the necessary confidence
in any election conducted using a Diebold voting system. Council accordingly urges the Board of
Elections to follow the clearly and consistently expressed will of the voters of Allegheny County and not
consider the purchase of any voting system manufactured by Diebold.