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Summit County, Ohio Elections Director Says He Can't Assume Anything Else
By John Gideon on 4/19/2006 8:08am PT  

Guest Blogged by John Gideon

If you recall The BRAD BLOG has reported on the Summit County memory card failures in the recent past; most recently on April 4. Summit County's memory card (PCMCIA) failures have not gotten any better according to an article in this morning's Akron Beacon Journal...

Now, in what is clearly a show of "No Confidence" in their voting machine vendor ES&S, the county elections director is predicting failure with the system in the May 2 Ohio state primary.

Summit County Board of Elections Director Bryan Williams is predicting Election Day failures with the memory cards in the county's new optical scan voting system.

``I don't think we can assume anything else,'' Williams said at a meeting Tuesday, where the elections board reviewed the latest list of troubles.

This seems to be a complete melt-down of everything provided to the county by ES&S. The Beacon-Journal goes on to report the problems...

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By John Gideon on 4/18/2006 5:09pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

The folks in Marion County Indiana announced today that they had completed testing their iVotronic machines. They claim the machines are all ready to go. I think that is probably a bit of soothing for the voters. In fact, none of their iVotronics can be used for accessibility in the primary so they are announcing that disabled voters will be able to have someone assist them in the voting process. Also some ballots cannot be read by the op-scan machines and will have to be counted by hand. Kanawha County West Virginia is also having problems getting software for their AutoMarks so there will be no accessible voting in that county. Voters with disabilities are being told to bring a friend or ask for help. And, the Democrats in Alaska have gone to court, finally, in an attempt to get the records of the 2004 election from the state....

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Kevin Evanto Tries To Wiggle Out of His Comments...
By John Gideon on 4/18/2006 8:31am PT  

My article yesterday "The Approaching 2006 E-Voting 'Train Wreck' Continues On Course" seems to have hit a nerve in the Allegheny County Executive's Office. Apparently the County Executive's Spokesman, Kevin Evanto, does not like his remarks, as printed in The Daily News characterized as being "silly".

Evanto told The Daily News:

"The ES&S iVotronic machines are fully HAVA compliant," spokesman Kevin Evanto said. "They have been certified by both the U.S. government and the Commonwealth of Pennsylvania. The optical scan machine does not have a voter-verifiable paper trail."

Even if it did, Evanto said it may violate state voter privacy provisions.

Yesteday afternoon Evanto sent me an email in which he defends his statement; well a part of it:

From: Evanto, Kevin
To: Gideon, John
Subject: My "Silly" Statement

John,
A voter-verifiable paper audit trail is defined as a "vote receipt" printed by an electronic voting machine showing the elector his/her vote as it is being acquired by the electoral system. Optical scan machines that are legal in the Commonwealth of Pennsylvania cannot have this feature because VVPAT is not permitted by our state. Get your facts right before you make sweeping, incorrect statements to the public. And if you don't believe me, contact the Secretary of the Commonwealth's Office in Harrisburg.
Kevin

To which I responded:

From: Gideon, John
To: Evanto, Kevin
Subject: My "Silly" Statement
Kevin,
Your statement, as you were quoted was:
""The ES&S iVotronic machines are fully HAVA compliant," spokesman Kevin Evanto said. "They have been certified by both the U.S. government and the Commonwealth of Pennsylvania. The optical scan machine does not have a voter-verifiable paper trail."

"Even if it did, Evanto said it may violate state voter privacy provision."

Clearly according to HAVA and the EAC Section 301 Advisory the iVotronic is NOT HAVA compliant. It does not provide any means for a mobility impaired voter to vote without assistance and in private. ES&S admits to that by responding to the legal complaint by agreeing to install a binary switch on half of the machines.

At the same time the above was announced it was also announced that the county would place optical-scan machines at each polling place. These are the machines that you claim violate voter privacy provisions? So the county will knowingly install a voting system that violates state law?

And to the issue of the definition you give for a voter-verifiable paper audit trail. By its nature an optical-scan voting system provides a voter-verified paper audit trail; the paper ballot filled out by the voter.

Nice try, Kevin. I guess we will leave it to the readers to decide about "sweeping, incorrect statements".

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A lot of American Democracy Can Unravel in Just One Week's Time
As We Continue to Connect the Dots the Media is Failing To�
By John Gideon on 4/17/2006 7:19am PT  

Blogged by John Gideon

In an article last week I pointed to the copious evidence that our elections are headed straight towards disaster; a "Train Wreck". That "Train Wreck," however, may still be avoided. The engineers of one of those trains, as it were, are the elections officials who are allowing themselves to be cowed by vendors like ES&S, Sequoia, and Diebold. The disaster can be avoided, but it will require the election officials to switch their train to a different track � by first acknowledging that there are problems.

In order to begin that process those officials must finally realize that they are not alone. Counties across the country are finding the exact same problems. The bad ES&S memory cards were not just found in Summit County, Ohio; they were also found in North Carolina and probably other counties in other states. ES&S will fail to deliver on contracts for voting machines in many counties all across the country. Does anyone really expect the engineer of the other train --- the voting machine vendors --- to switch tracks? They only see the money bags at the end of the track and not the other train barreling down on them.

The federal Election Assistance Commission (EAC) --- created by the Help America Vote Act (HAVA) of 2002 --- has likewise not been doing their job. They seem to be content to just sit back and watch as voting systems across the country are in melt-down. Do they really serve any purpose other than to shovel out HAVA funding for these new systems to the states, who in turn pass them on to the vendors? It appears not. Take a look�

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By John Gideon on 4/15/2006 5:04pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

The most ridiculous quote for the day: "The ES&S iVotronic machines are fully HAVA compliant. They have been certified by both the U.S. government and the Commonwealth of Pennsylvania. The optical scan machine does not have a voter-verifiable paper trail." Kevin Evanto, spokesman for Allegheny County Pennsylvania Chief Executive Al Onorato. Some North Carolina counties are now experiencing a problem that a lot of us told them would come up; that is storage space. They now have voting machines in every nook and cranny and they have to find climate control storage for them. ...

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By John Gideon on 4/14/2006 5:41pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

Most people agree that elections are successful when the losing candidates can be certain that they lost the election. Losing candidates and the Republican party in Cook County, Illinois have joined together in a request for re-vote or re-counts of all races due to the poor performance of the voting system and elections officials in last month's primary. ES&S continues to get a lot of deserved heat in Indiana where they seem to have failed to uphold contractual agreements. And the county council in Allegheny County Pennsylvania has have issued a resolution to stop the use of new voting machines in this years primary. They are asking for a moratorium on any changes until November. ...

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Seeks to Stop Last Minute Implementation of ES&S Voting Machines and to Push Back Unconstitutional Threats by the DoJ...
By John Gideon on 4/14/2006 12:57pm PT  

Guest Blogged by John Gideon

The BRAD BLOG has received a copy of the 'Complaint For Declaratory and Injunctive Relief', as filed earlier this week in Allegheny County, PA, by several disabled voters. The complete suit is now available here [WORD format].

As the suit itself is some 43 pages, we will distill it for you a bit, and cover the most notable aspects. The BRAD BLOG is just thoughtful that way.

As we reported on Wednesday, the complaint was filed against the Pennsylvania Secretary of State, other state and county officials, an Assistant Attorney General for the Civil Rights Division of the US Dept. of Justice, and Attorney General Alberto Gonzales.

The complaint asserts that the state certified Electronic Voting Machines made by Elections Systems & Software, Inc. (ES&S) are not accessible by voters with disabilities --- contrary to the requirements of the Help America Vote Act (HAVA) of 2002 and the Americans With Disabilities Act (ADA). Nonetheless, Allegheny County has selected their machines for use in upcoming elections. That, after previously hoping to go with Diebold, and then with Sequoia Voting Systems, until finally settling on ES&S after the first two choices fell apart either due to the politics of the companies involved and/or due to the discovery their Electronic Voting Systems were found to be hackable.

As mentioned, the choice to not use Diebold in Allegheny occurred, in no small part, because of the company's known hard-right partisan leanings. The lawsuit, however, points out the irony of finally choosing to go with ES&S --- considering their own dubious partisan background...

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By John Gideon on 4/13/2006 5:12pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

One Cook County Illinois candidate is threatening to file a federal lawsuit for both Democrat and Republican candidates and against the county for voting counting problems. ES&Ss inability to deliver paper ballots on time is now being blamed on consolidation that the company did last year when they closed a Chicago office and moved their functions in with the Omaha office. Meanwhile Indiana SoS Rokita has decided that it is time to hold hearings into the failure of ES&S to provide contractual services and to learn more about reports that MicroVote has provided uncertified software to some customers in the state. The fines to ES&S could be as much as $300,000 per incident....

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By John Gideon on 4/12/2006 5:12pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

ES&S seems to be failing everywhere. Indiana officials are very concerned; a Pennsylvania county still has no machines; and West Virginia counties have no software so they can prepare for their primary. On top of that Allegheny County Pennsylvania is being sued for selecting ES&S due, in part, to the lack of accessibility of their DREs. The DoJ is sharing part of that lawsuit for threatening the county and forcing them to make a decision before they were ready....

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Suit Seeks to Stop Last Minute Implementation of ES&S Voting Machines In Allegheny County
By John Gideon on 4/12/2006 2:06pm PT  


Guest Blogged by John Gideon

Just announced by KDKA-TV in Pittsburgh, Pennsylvania is the news that a group of citizens and People For The American Way have filed suit against the Secretary of State; Dan Onorato, Allegheny County Chief Executive; James Flynn, County Manager; and senior officials at the federal Department of Justice. The citizen group includes members of the disabilities community who want to make sure the County purchases machines that are accessible to all individuals with disabilities.

KDKA reports:

The lawsuit filed today says that decision risks chaos on Election Day because of the lack of time to train election officials and educate voters about the change from lever machines which have been in use for 40 years.

"This rush to a new and flawed technology just weeks before the election threatens to sow chaos in the primary and compromise the fundamental rights of thousands of voters for years to come," says Harry Litman, the former United States Attorney in Pittsburgh and an attorney for the plaintiffs. "It's a bad deal for Allegheny County, and, we believe, a violation of federal law."

The suit, Celeste Taylor v. Dan Onorato asks the court to prevent use of machines manufactured by Election Systems & Software until the County has spent the time necessary to identify voting systems that are secure; reliable; and accessible to voters with disabilities.
...
The plaintiffs cite elections in Texas, Florida, California, Ohio, and North and South Carolina where ES&S machines failed on Election Day.

A report by the Inspector General in Miami of a 2002 election found that the ES&S machines were not properly prepared; their results could not be audited; poll workers were unable to operate machines; and large number of voters simply gave up as a result.
...
The complaint alleges that DOJ has pressured Allegheny to buy the new machines by improperly threatening to take back about $12 million that has been given to Pennsylvania for improved voting systems.

These machines are sold and serviced by Elections Systems and Software, the same company that has played a major role in failures of memory cards and is a large reason why this nation is headed for a "Train Wreck" in our primary elections and, if no action is taken, in November.

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By John Gideon on 4/11/2006 5:17pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

I will be on the Mike Webb radio program this evening at 9:15PM Pac to discuss "The Train Wreck". You can listen from. I will also be on the Jay Marvin show tomorrow morning at 7:05AM Pac. You can listen at. Today I am beginning a new feature for 'Daily Voting News'. The beginning of the list of articles will now begin with those articles that represent the "Train Wreck" as I described it in my article of a couple days ago. So, for instance, the newly printed and received ballots in Marion County, Indiana have a sequencing error that makes them unreadable by the optical-scan machines; and that dear readers is part of the "Train Wreck"....

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By John Gideon on 4/10/2006 5:00pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

Today we got the surprise news that EAC Commissioner Ray Martinez has resigned his position. This just two days following his appearance, in Washington DC, at a conference of voting activists from around the country. Also, another county (Wood Co., WV) joins the growing list of ES&S customers who have received less than adequate service....

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Our Elections are Now Officially 'A National Disaster in the Making'
A MUST READ GUEST EDITORIAL BY JOHN GIDEON OF VOTERSUNITE.ORG
By John Gideon on 4/9/2006 5:24pm PT  

By John Gideon, VotersUnite.Org and VoteTrustUSA.Org

Normally this space is taken with my ideas of what are the "Top 5" voting news stories for the week. Today I am going to use this space to talk about what I see as the beginning of a disaster in the making with our elections. This isn't the election fraud that some point to when they talk about the vendors and some elections officials. It's not about recounts or audits. This is a real, get your hands around it, happening problem that will disrupt our election process if we do not do something about it now. While we have been involved in all of our issues about Direct Recording Electronic (DRE or "touch-screen") voting machines or paper ballots the electronic voting machine vendors have been wreaking complete havoc across the country.

So far this year two states have conducted primary elections. In Texas there is at least one candidate who has stepped forward and has challenged the election because of anomalies in vote counts and known voting machine failures. One county's machines counted some votes up to 6 times which resulted in approximately 100,000 more votes being counted than were cast. Though the vendor, Hart Intercivic, initially blamed the problem on human error, they finally had to admit that it was a programming error and not poll workers or voters who had erred. In Illinois some county officials are threatening to withhold final payment of funds on contracts with Sequoia Voting Systems because of failures with their machines that ended with results in the primary not being known for over a week after the voters went to the polls. In both states the involved vendors were very successful in the media with deflecting the blame from their machines to "human errors" or "glitches". However, when you listen to people who were there and who saw and worked through the problems you get a very different picture...

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By John Gideon on 4/8/2006 5:29pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

The failure of ES&S to provide their services as they are contracted to do with their customers across the nation is becoming a daily news event. Counties in Indiana are not getting their ballots on time and when they do get them they can't be used. Summit County Ohio reports they are still having problems with the ES&S memory cards; they are getting a 4% failure rate now; and those are supposed to be cards that were checked and re-checked by ES&S before shipping. And meanwhile Allegheny County Pennsylvania buries their heads in the sand and orders $11M worth of ES&S voting machines. ...

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By John Gideon on 4/7/2006 4:59pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

69 of 93 Nebraska counties have no paper ballots even though early voting began last Monday. ES&S is doing the printing and is late. The Omaha World-Herald admits ES&S is partially owned by the newspaper. ES&S is reporting a "glitch" in the software of their iVotronic DREs. A 'write-in' vote comes out a 'jumble' of letters. The article says that ES&S is contacting all of their jurisdictions. A few phone calls found that none of the iVotronic jurisdictions called knew anything about this problem. Meanwhile a Chicago Alderman has lashed out at Sequoia and his idea that "at least 15 Venezuelans, who may not have been in the country legally, worked side-by-side with Chicago election officials on primary night March 21, which turned out to be a vote-counting nightmare."...

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