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Related: About this forumMotion to Block Use of OH SOS Experimental Software to be Heard Tuesday Morning - Bradblog
http://www.bradblog.com/?p=9703&utm_source=twitterfeed&utm_medium=twitterMotion to Block Use of OH Sec. of State's Last- Minute, 'Experimental' Software on 39 County Vote Tabulators to Be Heard Tuesday Morning
The BRAD BLOG obtains today's filings in Fitrakis v. Husted...
By Ernest A. Canning on 11/5/2012, 10:06pm PT
Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.
We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.
Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Forst, a George W. Bush appointee...
At tomorrow's hearing in Columbus, Judge Frost will be asked to rule on the motion for a TRO, as filed by Fitrakis, who, aside from being a long-time investigative journalist in the Buckeye State, is also an attorney, political science professor and a Green Party Congressional candidate. In both the TRO motion and in his full complaint, Fitrakis v. Husted, Fitrakis alleges that the Ohio Secretary of State violated the state Elections Code on Sept. 18, 2012 when he entered a contract with ES&S to provide "hardware and software designed to record and tabulate the votes cast by Ohio voters in the General Election on November 6, 2012...without...public bidding, without public review, and without approval of the technology review board."
In the complaint, Fitrakis alleges that the persons who are not under the supervision or control of the Secretary of State or the Ohio Boards of Elections, using private facilities, have "access" to "recording tabulation of votes" and that, by utilizing a "back door" installed by ES&S, those persons pose an imminent risk of irreparable harm to the rights of Ohio voters. They could, he charges, use that access to "alter the recording and tabulation of votes cast."
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Motion to Block Use of OH SOS Experimental Software to be Heard Tuesday Morning - Bradblog (Original Post)
flamingdem
Nov 2012
OP
I think they should have guards confiscate the machines IMMEDIATELY after voting is completed then
world wide wally
Nov 2012
#9
TDale313
(7,820 posts)1. Good. Thanks for posting this. n/t
flamingdem
(39,313 posts)3. Hot off the presses!
Tomorrow morning, so great that they got this done by the deadline.
TroyD
(4,551 posts)2. But the hearing on the provisional ballots dispute isn't until Wednesday?
Right?
Anyway, hopefully this will be successful this morning.
flamingdem
(39,313 posts)4. I would check Bradblog for that too
Just glad they found out about this whew
Overseas
(12,121 posts)5. K&R. Yes please!
SunSeeker
(51,571 posts)6. I sure hope there's a TRO issued tomorrow.
flamingdem
(39,313 posts)7. How could anyone feel comfortable voting on those machines?
The public has to know what's up, they can use paper ballots or remove the software.
Trajan
(19,089 posts)8. Please Please PLEASE !
Make them hand count ....
Please Great Spaghetti Monster .... PLEASE make it be so ....
Amen!
world wide wally
(21,744 posts)9. I think they should have guards confiscate the machines IMMEDIATELY after voting is completed then
run the tests before anyone has 30 seconds alone with them
Major Hogwash
(17,656 posts)10. Yeah, that's a good time to test programs for voting!!!!!
Husted had better find a different country to live in after today!!!!