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How about ignoring Bev for a while and joining in a real fight?

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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 12:15 PM
Original message
How about ignoring Bev for a while and joining in a real fight?
I don't mean that as harshly as it sounds, I just have a situation more worthy of attention.

Joyce McCloy is fighting the NC BoE to force them to follow the law and decertify the voting machine vendors the BoE certified on December 1st.

NC State law requires:

Prior to certifying a voting system, the State Board of Elections shall review, or designate an independent expert to review, all source code made available by the vendor pursuant to this section and certify only those voting systems compliant with State and federal law. At a minimum, the State Board's review shall include a review of security, application vulnerability, application code, wireless security, security policy and processes, security/privacy program management, technology infrastructure and security controls, security organization and governance, and operational effectiveness, as applicable to that voting system.

The NC BoE has certified Diebold, Sequoia and ES&S, despite the fact that it did not comply with this provision of the law. In fact, it seems the SBoE deliberately screwed around in an attempt to ram it through at the last minute and claim lack of time.

This law is in place in NC because Joyce McCloy fought hard to get lawmakers to draft one. She fought everyday to see the law through the legislative process and defeat attempts to gut it. Now she is fighting the BoE's attempts to ignore it:

The Electronic Frontier Foundation, based in California, filed a complaint Dec. 8 in Wake Superior Court, on behalf of Joyce McCloy, a voting-reform activist from Winston-Salem. The lawsuit asks the court to intervene and block what it called "unqualified voting systems."

Judge Donald Stephens heard arguments on the complaint yesterday but declined to rule because he is new to the case.

The foundation's lawsuit against two state agencies wants to prevent the companies from selling voting equipment because it contends that officials failed to properly review and assemble software information for their machines.

The suit is the second in recent months involving electronic voting machines in North Carolina.

Diebold argued in court last month that it couldn't meet North Carolina's requirements to provide computer source-code for its equipment for technical review by election experts in case of a mishap. A judge threw out Diebold's request to be shielded from criminal prosecution if it refuses to disclose software that is owned by Microsoft Corp. or other third parties.

The new voting-machine standards were developed under a state law approved this year after errors involving electronic voting machines in Carteret County last year. Those errors led to delays in certifying winners for two statewide offices - the commissioner of agriculture and the superintendent of public instruction.

When Carteret County lost 4,438 votes last year, it prompted the formation of the Joint Select Committee on Electronic Voting, which issued several recommendations for improving North Carolina's voting system.

Carteret County lost the votes after an electronic-voting machine ran out of memory to store them. An engineering flaw allowed voters to continue casting votes, but the votes were irretrievably lost.


http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1128768733233&path=!localnews&s=1037645509099
http://www.infozine.com/news/stories/op/storiesView/sid/11827/

It was Joyce who persuaded me to get involved again after Bev's attacks had driven me to practically give up on political activism entirely. Joyce convinced me to sit on the committee (requiring me to wear a suit and tie even) and fight the Vichy collaborators in our own government and their attempt to thwart our efforts.

If you are looking for a genuine hero in this fight, Joyce is your woman. She doesn't waste time asking people for money for the cause, she just gets up every day and fights. She makes phone calls, writes letters, runs a mail list and web site, and talks to anyone who'll listen about the danger of BBV. She is a major pain in the ass to the BBV industry and their political lackeys in our government. She does her job because she believes it IS her job as a citizen. She shuns the limelight and prefers to put other people on camera to provide the public face of her efforts.

And she doesn't ask for money. Not once in all the time she has been fighting for honest and accurate elections has she asked for a cent. She is beholden to no one except the voters.

Right now, she could use help getting the word out. Even if you don't live in NC, this case is important to YOUR state. If we pull it off, then you can go to your legislators and show them how to do it.

I could use some help covering this issue and other BBV stories on my site. Unlike Bev I don't have dozens of people offering help that she ignores. It's just me.

This is not about stopping BBV in a single county, it is about stopping BBV in an entire state.

If John Aravosis can stop Ford and Microsoft from adopting anti-gay policies, then we should be able to stop our own public officials from climbing into bed with the voting machine industry.

Want to join Joyce's list, go to her site http://www.ncvoter.net/

Want to help bbv.COM (my site) with posting chores? Drop me a line.
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 12:21 PM
Response to Original message
1. AMEN, Brother.
(I'd mean that very harshly had I said it...)
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Jo March Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 04:27 PM
Response to Original message
2. It's time to get back in the fight, I see.
I was out for a while due to health reasons but I'm stronger now and ready to help.

I still have the VOTE database and can distribute information to the list on there. I am armed with MS Office and the power of the mail merge as well.

I will be able to start work on Sunday. I have two college finals tomorrow. Once those are out of the way, I'm ready!

(And I ignore Bev as a matter of every day life.)
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 04:33 PM
Response to Reply #2
3. SUP arnheim-- good to see you back in circualation
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Jo March Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 04:51 PM
Response to Reply #3
6. Foger! How have you been!
This thread is starting to feel like a warm fireplace hearth!!!

I have truly missed all of you. :hug:
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 05:39 PM
Response to Reply #6
9. Ive been better & Worse, which is just fine
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Jo March Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 04:05 PM
Response to Reply #9
15. Well, you know that you are one of my favorite election crime fighters
:loveya:

Wish me luck on my finals. I'm slated to graduate in the spring. Hooray!
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meganmonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 04:46 PM
Response to Reply #2
4. Hey arnheim! I was just thinking about you the other day
seemingly out of nowhere...maybe my intuition was in gear.

I am glad to hear you are getting stronger, and I want to wish you good luck on your finals.

I hope I am still on the VOTE list!!!

:hug:
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Jo March Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 04:50 PM
Response to Reply #4
5. You are, sweetness!
I am ready to get these finals over with so I can crank back up. Mr. Arnheim bought me this fancy-smancy fax/copier/printer/scanner so I can pester folks via fax and the regular mail! It's great.

I used it a lot for stuff already. Mostly pestering Sen. Dole and those folks.

It's going to be good to be back!

:hug:
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demodonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 08:12 PM
Response to Reply #5
20. You go girl on the exams, then you go fire up the VOTE list...
...Andy would be so proud of you!

WooHoo!

:woohoo:
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 05:11 PM
Response to Original message
7. May have good news
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 06:21 PM
Response to Reply #7
10. Thanks, I'd missed that one.
Carteret County could be casting ballots in a whole new way in next year's elections.

The Carteret County Board of Elections recommended by a 2-1 vote that the county purchase optical scan machines from Election Systems and Software, which would be a change from the previous electronic touch-screen system it used for 10 years.

Under the optical scan system, voters would cast ballots on paper and then the ballot would be run through a machine that reads and tabulates the votes. As part of the system, the county would also get ADA-compliant equipment for voters with disabilities.
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adolfo Donating Member (525 posts) Send PM | Profile | Ignore Fri Dec-16-05 05:17 PM
Response to Original message
8. Agreed
I think the election reform movement is too fractured. We need to organize more efficiently and prioritize.
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troubleinwinter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 06:33 PM
Response to Original message
11. And a kick
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BeFree Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-16-05 06:59 PM
Response to Original message
12. That's good advice.
Ignore Bev. You might find it useful, eh?

The activists in NC are doing a fantastic job. But I am leary of helping after seeing the kind of personal attacks coming from some of you. The attacks hurt the movement and are not constructive.

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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 06:17 PM
Response to Reply #12
16. You do what you feel you must
The truth is not an attack, it is the truth. If Bev wants us to stop criticizing her, she can stop lying about us. It's pretty much that simple.

I do ignore Bev until she starts with her smear campaign or dispatching trolls to my web site.
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sunshinekathy Donating Member (177 posts) Send PM | Profile | Ignore Fri Dec-16-05 09:56 PM
Response to Original message
13. I agree and ...
Edited on Fri Dec-16-05 10:04 PM by sunshinekathy
I have formed an email list for communicating with election activists from North Carolina (and other states) and Joyce is on it. If any of you would like to subscribe to this email list - just email
election_nc-subscribe@uscountvotes.net and reply to the confirmation email - but Joyce must have her own email list that would be more active and worth subscribing to if you want to help w/ her efforts.

Thanks to your reminder, I forwarded this email to them, with a simple idea for helping to fight against the adoption of Diebold there. Joyce has done great things.

Feel free to plagerize any part of the email below & resend it...
--------------------
Two Florida Counties, one using Diebold optical scan machines, and another using Diebold DREs have scrapped Diebold and decided to switch to ES&S optical scan voting machines and the AutoMARK ballot marking device. ES&S voting machines are independently auditable; its optical scan machines are easier for election officials to use; and they use a more secure operating system.

Volusia County, FL Dumps Diebold Too!
Opts for Transparent, Accountable Elections (Instead of Diebold Elections)
After a Protracted Battle...

This just in...After various protracted legal battles (funded by the
National Federation for the Blind, which had received a $1 million
"donation" from Diebold previously) and along with the
news out of Leon County, Florida, <http://www.bradblog.com/archives/00002156.htm>
Volusia County has now come to their senses and also decided to
dump Diebold voting machines!...

URL: http://www.bradblog.com/archives/00002169.htm

Yesterday the main stream press covered the Leon County, Florida story. The following three AP, Miami Herald and USA Today articles might be excellent to print and give to your local officials with a one page cover letter you write with bullets taken from the articles:

FL: Leon County - New tests fuel doubts about vote machines
http://www.miami.com/mld/miamiherald/13410061.htm

FL: Leon County - Elections supervisor: Some Diebold voting machines can be hacked
http://www.bradenton.com/mld/bradenton/news/local/13413981.htm

FL: Leon County - County says electronic voting machines can be hacked
http://www.usatoday.com/news/nation/2005-12-15-opticalvoting_x.htm

I hope the above information will help you in our fight to ensure democratic elections.

Please donate to our 501 (c)(3) to help cover our $2300 of legal expenses for obtaining our 501 (c)(3) status. Thank you to the few people who donated almost $100 total since my last plea for donations and thank you to our $10/month sustainers who donate a total of $450/month to keep our server going, and thank you to every one else who has donated. We need your continued support to be able to hire programming staff to complete what is a bigger technical task than any other election activist group has proposed - a public election data archive to collect and publicly distribute data from the over 3300 separate county election offices that is not yet publicly available anywhere because every county conglomerates data in a way that hides the evidence of vote counts currently.

http://electionarchive.org/fairelection/donate.html

Best,

Kathy Dopp
http://electionarchive.org

To join this email list, simply email
election-subscribe@uscountvotes.org
and reply to the confirmation email.

ElectionArchive is devoted to ensuring that vote counts accurately reflect voter intent.

p.s.
note: Any of you can subscribe to John Gideon's "Daily Voting News" to receive an email with links to all press voting articles by simply emailing jgideon@votersunite.org and asking to be added to his "Daily Voting News" list.

note: The most crucial task that we all can perform, to ensure that future vote counts accurately reflect voter intent, is to educate our elected officials and candidates not to concede any election until after reviewing the detailed vote counts broken out by precinct and vote type, and obtaining an independent audit or meaningful recount of voter verified paper ballots where possible. (I have been told by a politician that they respond well to news articles, and appreciate a one page bulletted cover page that summarizes and refers them to the information you give them, and that if the information you provide is very long, you can simply give the long document to the executive secretary and give the one page summaries to the officials referring them to the longer document.)

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Neil B Forzod Donating Member (64 posts) Send PM | Profile | Ignore Sat Dec-17-05 12:31 PM
Response to Original message
14. nc update
My sources in NC tell me Sequoia has already pulled out, and that Diebold may soon follow. So there's a chance ES&S will simply sweep the state entirely, for better or (more likely) worse.

Neil
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 06:50 PM
Response to Reply #14
17. Sequoia has pulled out
rather than comply with disclosure.

Diebol still has many fans and stands to make a lot of money if htey can defeat the law we passed. The SBoE is siding with Diebold and pissing on the voters from a great height.
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Neil B Forzod Donating Member (64 posts) Send PM | Profile | Ignore Sat Dec-17-05 07:16 PM
Response to Reply #17
18. sequoia and diebold
Is Sequoia claiming it's over the disclosure issue? My sources on the ground tell me it's more because they still don't have a federal 2002-compliant certification and couldn't get one in time. Might be less embarrassing to blame it on the disclosure thing, I'm not sure.

I know Diebold is popular in NC, but I heard they may yet pull out. Not over disclosure, but over an unacceptable clause in the RFP. My information's less solid on that one though, and it probably bears watching. If everything pans out the way I've been told, there's a strong chance that ES&S just sweeps NC by default.

Neil
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 07:24 PM
Response to Reply #18
19. In CA, the SoS is saying that he wants the source code.
Sequoia & Diebold have machines deployed in the state. Plus Diebold is trying to bang dent out of the TSx and get it certified.

Any sense how that could play out?
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Neil B Forzod Donating Member (64 posts) Send PM | Profile | Ignore Sat Dec-17-05 09:13 PM
Response to Reply #19
21. source code
Diebold gave California their source code a long time ago, when they asked for it. Pretty typical business, it actually happens a lot. They also have escrow requirements for whatever software they eventually deliver there, and will surely comply with those requirements like they do pretty much everywhere else.

California's an interesting place right now, and not especially for good reasons. But it's certainly interesting to watch.

California's actually painted itself into a pretty stupid corner, all things considered.

First they decertified all the touchscreens. Not just Diebold, all of them. Most (including all of Diebold's existing ones) have since been re-certified, but they made re-certification of the new TSx unit dependent on the addition of a voter-verified paper audit trail. No problem (well, except for Diebold, which now has to build a VVPAT unit for the TSx in order to receive the $40 million they're owed for equipment they built and delivered more than two years ago).

Then they passed a law saying all DREs had to have a VVPAT by January 2006, or they'd be de-certified (again) at that time. They even published a long series of requirements for the VVPAT hardware. The main DRE vendors in California are Diebold (which was already working on a VVPAT for their TSx because of the special condition described above) and Sequoia (which already had a VVPAT unit they'd rushed out to New Mexico before California's requirement). No problem, right?

Well, it was a problem because the California VVPAT requirements were kind of poorly thought out. It had to be "machine readable", but couldn't include any ballot-identifying markings (like the kind you'd actually use to make the thing machine-readable). It had to print the ballots in English for English-speaking voters, and in English + the voter's selected language for non-English voters... including ideogram-based languages like Chinese, Korean, Japanese, etc. which are hard to print on a typical line printer. It had to have an independent processor with open-source software to interpret the actual text sent to the printer and play it back as computer-generated audio for blind voters -- even though there's no way to do that while accomodating Chinese, Korean, Japanese, etc. The list went on and on. No problem though... California dictates the requirements and it's the vendors' problem to comply.

Except not really. Sequoia last year was mired in difficult financial times and was up for sale at the time California dictated their requirements. Sequoia brought their unit in for certification, and California said "no, this doesn't meet our requirements... you have to make the following changes and additions to it." Sequoia's response was (literally) "yeah, whatever... we're a little busy with trying not to go out of business, so good luck with all that." California's response was "uhhh, that's not how that was supposed to go." So they called up Diebold, who replied with "Sequoia's your problem, we're a little busy right now trying to build the world's stupidest device to meet your requirements... let us know how all that turns out." Not really what the secretary of state was hoping for.

So California blinked. They removed the "machine readability" clause and scrapped the independent audio processor requirement and made some other changes, then went back to Sequoia and said "OK, we dropped most of the requirements... all you have to do now is make it print in multiple languages." Sequoia's response was "didn't we already tell you 'yeah, whatever'? Seriously, we don't care about your requirements." California called up Diebold and asked "multiple languages?" and Diebold said "yeah, whatever it takes.. also please stop changing the requirements, how the hell are we supposed to hit a moving target?"

Faced with all of this, California realized Sequoia wasn't going to make any changes at all so they just granted them a "provisional certification". Which means Sequoia's DRE+VVPAT is certified in California "for now" even though it (still) doesn't meet all the state's requirements.

In the meantime, Diebold finished their own VVPAT that did purport to meet California's (current) requirements, but state certification was held up for political expediency (raucous meetings with 200 angry activists will sometimes do that, lol :D ). They decided to hold an unprecedented "volume test", where they cast 10,000 votes on 100 or so DRE machines and record the result. In 10,000 votes they recorded around 20 instances of paper jams, and around 20 cases where a previously-undetected software bug caused a firmware crash. This was variously reported as "a 20% failure rate", even though no votes were actually lost and the math is subject to interpretation (i.e. 20 machines out of 100 had a problem, which equates to 20% failure rate, or 20 ballots cast out of 10,000 had a problem, which is a 0.2% failure rate -- it depends entirely on your outlook).

So Diebold went back and looked into the problems. They found the software problem that caused the sporadic crash, and they made some mechanical adjustments to the printer mechanism to minimize and better detect jam conditions. The big volume test was conducted again, and everything passed. Diebold re-applied for certification, and another raucous public meeting was held (although only about half as raucous as the first one).

In the meantime the counties went to the secretary of state and said "will you please stop f*cking around? we have actual elections to run!" (It's an ongoing problem in the election industry, particularly in places like California. Counties have to actually run the elections. The state doesn't run elections at all, but they get to make all the rules about how to conduct the election. Traditionally they don't care whether the rules they come up with are stupid or unworkable or even make sense -- that's the counties' cross to bear, since the state doesn't have to deal with the problems of actually running the election. :eyes: )

Which leads us up to the present day. All indications were that the secretary of state probably was going to re-certify the TSx in the near future. Whether we agree with it or not (and I'll assume we don't ;) ), he really has no grounds not to: it's passed all required federal certifications, it has a California-compliant VVPAT (the only one, in fact), it's counted the votes correctly in every test, it passed a massive volume test that no other vendor's been subjected to, and it's already been used successfully with the same VVPAT in two other states. Moreover, in around two weeks half of California's counties are going to be unable to conduct elections at all: HAVA requires some ADA-compliant machines as of January 1 and California's VVPAT law is going to decertify all the state's ADA-compliant machines on the same day. Like I said, it's a pretty stupid corner.

In one last inexplicable bit of political pandering, the secretary of state announced a new hurdle to TSx certification: Diebold would have to pass a security test of its optical scan system based on claims made by Bev Harris and her unsavory crew. Why the certification of the DRE+VVPAT hinges on a security test of the optical-scan machine is beyond the comprehension of either me or any of my sources in California, and the (unconfirmed) suspicion is that it's a political ploy to delay Diebold certification until some other vendors are ready too. Unfortunately, Bev Harris turned the whole thing into a big Bev Harris publicity stunt, demanded that they only test the old machines, demanded lawyers, a court recorder, the media, observation by the public, a bowl of M&Ms with all the brown ones removed, a panda and an edict from the SoS that nobody is to look her directly in the eye. (OK, that's partly exaggeration, it's true up till "M&Ms"). The secretary of state's office, realizing its error, has since rescinded its invitation to BBV to participate in the testing, and has extended it directly to Harri Hursti in the hope that he's not tainted with Bev Harris' crazy stink. Bev in the meantime is still pretending that she's involved, negotiating terms and posting threatening letters from her lawyer to the SoS etc. on her web site, but the sad truth is that the SoS office is pretty much just ignoring her and has stopped responding to her entirely.

So that's where things stand today. Presumably Hursti will be invited to test the optical scan unit sometime soon (he's in the country right now, based on the reports out of Florida, so it's conceivable that the test is already underway). And if the optical scan tests pass, then maybe they'll re-certify the TSx DREs (and yes, that whole logic is incomprehensible). But my guess is no... I suspect they want to delay certification until other vendors (i.e. Sequoia) can pass California's VVPAT requirements, just for the sake of appearances. They also have a headache because of problems with ES&S equipment miscounting votes in the last couple of elections -- with the big, public "volume test" precedent they set with Diebold they're almost compelled to make other vendors do the same kind of test, and they're afraid of what'll happen if they run it with ES&S machines until they can get them fixed. So the strategy appears to be to defer certification as long as possible, under whatever pretext is convenient.

And in the meantime, counties are pissed off because they have to run an election in a little over 3 months. They don't know what equipment they're going to be allowed to use, or what they're allowed to buy, or whether to print optical scan ballots, or what happens when they're unable to meet HAVA requirements or what. San Diego and San Joaquin counties have warehouses full of TSx units they want to use, but can't. Riverside county just bought $6 million worth of VVPAT units that don't meet CA requirements and have only a provisional certification and have never been through a large-scale test. Alameda county was going to upgrade their existing Diebold DREs to TSx units with VVPAT to meet all the new requirements, and had negotiated an extremely favorable price on the upgrade. Because of the delays they've backed away from that and will now probably buy an optical-scan system with an ADA unit (AutoMARK or DRE)at around double the price. Diebold mostly just wants to get paid for the equipment they already sold and get away from the protracted craziness in California for a while.

Meanwhile Sequoia's facing a lawsuit because their DRE+VVPAT has been used in California already, even though it doesn't actually meet state requirements. I don't have many details on that at this time. Maybe something will come of it, maybe not.

So I'm not sure if that answers your original question, lol. :D Mostly I think Diebold and Sequoia will both get their units certified in time for next year's March primary, but who really knows with California. It'll be tough for Diebold if they have to go back and make changes to something, since the turnaround time for code changes, testing, federal certification and state testing is so long. At some point you'd think the state would have to be a little pragmatic and let the counties know what's going on so they can prepare. But who knows?


Neil
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-18-05 12:52 AM
Response to Reply #21
23. Yeah. What was my original question, LOL.
Thanks for the report. And of course I've more questions.

Since Diebold has turned software over in CA, why are they resistant to the idea in NC?

From what I had gleaned, California's was painting itself into a corner, perhaps purposely, and I actually was happy about it. I'm not keen on DRE's with or without VVPAT. I read the report from the June test. I thought it did lose votes, but perhaps I got it wrong. I don't mind an unprecedented volume test, either. The dangers e-voting present seem unprecedented enough.

The "failure rate" interpretation that states it as 20% would seem warranted considering how adversely an afflicted precinct would be by the loss of 1 out of 5 machines, depending upon when it had to removed from service.

That Diebold has done work on the machine to improve it's performance begs recertification of the software by an ITA, though. No?

Does the EAC having fallen so far behind provide cover for HAVA (accessible machine)non-compliance?

I share your sense of Bev's CA roll, and wonder if Leon County is a similiar event. I didn't quite follow the OpScan angle, though. Was to test units already in service?

McPherson keeps pissing off everyone (he seems an equal opportunity irritant) and keeps moving the goal post while watching the clock run out on HAVA funding. I'm good with that, and afraid of a Christmas Eve Pardon for Diebold.

You captured it well with your remark, "So the strategy appears to be to defer certification as long as possible, under whatever pretext is convenient.".

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Neil B Forzod Donating Member (64 posts) Send PM | Profile | Ignore Sun Dec-18-05 04:00 AM
Response to Reply #23
24. more information
Since Diebold has turned software over in CA, why are they resistant to the idea in NC?


That's easy. The law says (pretty clearly) that vendors have to turn over "all" source code and the names of all developers who worked on any of that source code for everything relevant to the voting system. As written, that appears to include everything from the operating system up... including everything from Windows, to the 3rd-party printer drivers you might use if you ever print any reports, to third-party libraries that might be used by the voting system application. If Acrobat's free PDF viewer is used to view generated reports, the source code for that has to be provided. You get the idea. And the penalties for non-compliance include both civil (monetary) and criminal charges.

Diebold went to court to seek clarification on the law (which is new and untested). They claimed that they can't comply with it, because they can't provide all the source code to Windows, or Acrobat, or third-party printer drivers, or any number of other things that are technically encompassed by a strict interpretation of the law as written. It's been misreported that they refused to hand over their own source code, but that's mostly because Diebold sucks at doing PR. Diebold (and every other vendor) hands over their source code all the time, to pretty much any customer that asks for it, and even to some prospective customers. The NC case was problematic because of the provision for criminal penalties... they didn't want to deal with the negative fallout of "Diebold executives indicted in NC" headlines when some activist managed to sue in that state because Diebold didn't comply with the law (because they can't provide everything the law requires). No other vendor can actually comply either, but they mostly chose to ignore the issue and use the (probably correct) interpretation that the people who drafted the legislation didn't actually intend for vendors to supply source code for all those third-party components. But it's easier for other companies to take that risk, because a) they've been under less fire than Diebold, and b) they're privately held, and as such don't have the same responsibilities and obligations that Diebold does towards protecting their shareholders.

Anyway, it's a pretty stupid story, especially when Diebold opted to just bite the bullet and proceed in NC. A smart person would ask "if you were just going to go ahead regardless, why even bother with the lawsuit in the first place? All it buys you is a bunch of unnecessary negative publicity and the inevitable mis-reporting of 'Diebold refuses to turn over its software'." Of course the answer is "because Diebold's PR department is incompetent."


I read the report from the June test. I thought it did lose votes, but perhaps I got it wrong. I don't mind an unprecedented volume test, either.


No, no votes were lost in the test. They had a handful of paper jams and a handful of software crashes due to a problem that made it through their internal testing, but neither problem caused any loss of votes.

The volume test is fine. My only issue with it is the barrier to entry that it poses for smaller vendors. AccuPoll, for example, will never pass such a test in California because they can't afford to build 100 machines, ship them to California, pay 100 temp workers to come in for a day, etc. with no guarantee that the state will certify the system even if you pass. Maybe if the state were to absorb the costs associated with any volume testing it'd be less onerous, but right now they make the vendor pay.


The "failure rate" interpretation that states it as 20% would seem warranted considering how adversely an afflicted precinct would be by the loss of 1 out of 5 machines, depending upon when it had to removed from service.


Like I said, it's all a matter of interpretation. Twenty machines had a problem so you can interpret that as a 20% failure rate, which is clearly an unacceptable number. On the other hand you're possibly misinterpreting how adversely affected a precinct would actually be by the problems that were observed in the testing: in none of the cases would a machine have to be taken out of service. In the case of the paper jams, a pollworker had to clear the jam. In the case of the software problem, rebooting the machine was sufficient to "resolve" the issue in all cases. Like I said, it's all a matter of interpretation. Either way, Diebold made hardware changes to address the problem of printer jams and they fixed the software bug that was found; both fixes were verified by a successful repeat of the volume test. And despite the claims of "20% failure rate", no significant problems of either sort were reported when the same system was used in Utah and Ohio in real elections (a real-world failure rate of 20% would hit the news almost instantly). So... you can take it all for whatever it's all worth. Clearly there were two problems detected via testing, which were subsequently fixed by Diebold. And that's a good thing. But clearly the impact of those two issues was greatly overstated, since they didn't actually cause any noticeable problems when the units were run in the real world. *shrug*


That Diebold has done work on the machine to improve it's performance begs recertification of the software by an ITA, though. No?


Yes. All modifications to the voting system's hardware or software require recertification by an ITA. Diebold acquired ITA certification for the changes (in version 4.6.4 of their DRE firmware -- version 4.6.3 was the version that was used in the first volume test.) The only issue left in California is state certification, i.e. blessing by the secretary of state.


I share your sense of Bev's CA roll, and wonder if Leon County is a similiar event. I didn't quite follow the OpScan angle, though. Was to test units already in service?


I don't actually have a "sense" of Bev's CA role, I have concrete information directly from sources on the ground. The secretary of state decided to eliminate Bev Harris and BBV from the California test after her silly grandstanding, self-promotion, and ridiculous list of demands. The state's been dealing directly with Mr. Hursti on the issue instead. Bev is pretending that she's still in the loop, she's posting threatening letters from her lawyers (real shocker there), and she's still attempting to "negotiate" conditions for the test. But nobody's responded to her for weeks, because nobody's interested in her or her antics.

Here's an interesting question for anyone familiar with Bev Harris and her role in the California test. California invited BBV to come and test the equipment and software being considered for certification in California. Bev Harris refused, and demanded that she be allowed to test the older software instead, i.e. the same software they tried in Leon County. Her reasoning was that she was worried about the possibility that Diebold might have "gamed the system" and made it impossible for BBV to perpetrate their attack.

Question: isn't that the actual goal? That is, isn't the goal to get the system modified so that they can't hack it? Bev Harris should want Diebold to have "gamed the system" so that her (and anyone else's) attack will fail.

Bev Harris isn't interested in improvements to system security, she's actually afraid there might be some because that would lower her chances of scamming some more money in another fraudulent false claims suit.

Of course, everyone is free to draw their own conclusions about Bev Harris and her motives but I think that all but the most brainwashed of her crew will see through her latest transparent scheme. ;)


Neil
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-18-05 04:47 AM
Response to Reply #24
25. With all your knowledge, you get into the Bev Harris b*llsh*t
I am very disappointed.
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Neil B Forzod Donating Member (64 posts) Send PM | Profile | Ignore Sun Dec-18-05 05:09 AM
Response to Reply #25
26. I think you meant to say:
"kicked and recommended"

I haven't got into any Bev Harris bullshit. I'm telling you the truth about the big California hack test, why it didn't occur as advertised, and why Bev Harris and BBV were excluded from the test after initially being invited. The information comes directly from people placed in a position to have first-hand knowledge of the events. Believe it or don't, it's up to you.

It's no secret that you're a big Black Box Bev booster. That's great. It takes all kinds of nuts to feed a squirrel. :D


Neil
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-18-05 05:27 AM
Response to Reply #26
27. ...
:rofl: :rofl: :rofl: :rofl:

Yes, I'm a big Black Box Bev booster. What of it?
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-18-05 04:33 PM
Response to Reply #24
29. I've read 50 articles on CA that don't have the info of one of your posts.
Again, thanks.

Diebold could have pretty much laid out what you just did. But instead they argued that they couldn't do what they had already...unless the reporting was slanted/incomplete.


That a machine that fails "didn't lose any votes" is hard to feel comfortable with...even if it didn't lose votes. Hardly transparent.


I can see where 100 machines is tough on a small guy, but why 100 temp workers? Seems the state would want to provide the people for set-up and operation after a tutorial from a few Diebold/whomever techs.


Assuming a single accessible machine at a polling place, 1/5 doesn't seem reliable.


How long did it take the ITA to certify 4.6.4? And which ITA was it?


Let's face it. DRE's are having a tough. AND they're the most dangerous machines on which to rely for voting. So good.

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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-17-05 09:40 PM
Response to Reply #18
22. yyup--Sequoia aint got the 2002 certs, only 1990
Neither the Sequoia Edge or Advantage has 2002 certs

In fact-- on the Advantage DRE they had to install a second CPU- just to run the audio ballot.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-18-05 02:41 PM
Response to Reply #18
28. That's the back-channel
gossip I heard. Either one looks bad really.

If Diebold had sense, it would sell the voting machine division.

George Gilbert of my county (Guilford) has indicated that he was dropping ES&S for Diebold and I saw him kissing up them at Wed's Dog & Pony show.

Gilbert has got to go.
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FogerRox Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-19-05 08:23 PM
Response to Reply #28
30. That's the back-channel gossip-- do ya mean the 2nd cpu for Audio ballots?
Edited on Mon Dec-19-05 08:25 PM by FogerRox
Brian Hancock of the EAC, told John Gideon-- about the 2nd chip for audio ballots
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