I originally wrot this before the November 2006 elections, but with all the press the 2008 election is getting, i think it is still pertinent.
"Who needs an 'October Surprise' when you've got Diebold." -- Bill Maher
The upcoming November 2006 elections are being referred to as "incumbent unfriendly" by the corporate media. We need not speculate as to why given an increasingly unpopular war, among many other things. Control of the legislature also designates who holds subpoena power over our elected officials. Given the propensity of the Bush administration for breaking United States law (War Crimes Act, 4th Amendment, and many more), as well as international laws and the Geneva Convention (sanctioning the torture of "enemy combatants" as young as fifteen), a shift of power from the Neo-Conservatives could result in members of the administration being tried for a plethora of offenses, and an impeachment of the President. As recent history shows, presidents have been impeached for much less. All this being said, it is extremely important that the elections of this November accurately reflect the will of the people. It is common knowledge that reflecting the will of the people is the very crux of a functional democracy, but its necessity is even more readily apparent given the current situation.
This election also will see even more widespread use of Diebold touch-screen voting systems. Diebold, an Ohio based company, along with ES&S, manufacture almost all of the voting machines that are used in the U.S. today. These companies are headed by two brothers, Bob and Todd Urosevich. There were problems Diebold products in the 2004 elections, and these are much more serious problems than just a few simple bugs. Votes switched mysteriously from Kerry to Bush, and large discrepancies between vote totals and the population of certain districts were recorded, among many other things that will be discussed later. Not only were there these reported problems, but there are also unresolved issues regarding the security of both the hardware and software components of these systems. And to top it all off, their certification as voting machines was gained fraudulently. A well-educated citizenry is the best defense against those who would attempt to exploit these vulnerabilities in these new voting systems.
Firstly, you doesn't need to be a legal scholar to know that a legal certification is void if it is obtained fraudulently. This, unfortunately, is the case with the Diebold touch-screen voting systems many of us will likely be using this fall. The certification of these Diebold machines is demonstrably fraudulent.
In 2002 Wyle Laboratories, an Independent Test Authority (ITA) located in Huntsville, AL, was given the job of certifying Diebold's voting system. ITA's certify voting systems to the Federal Election Commission's Voting System Standards. When ITA's are working with a voting system, some aspects, hardware and software, are not subject to certain parts of the qualification testing. These products are labeled as Commercial Off The Shelf (COTS) products.1 The FEC's rules on what qualifies as COTS and how these items are to be treated are very clear in that these products can not be modified in any manner for use in a voting system2.
Certifying such components would be redundant and time consuming, but accuracy far outweighs whatever advantages a speedy certification may offer. Also, all aspects of voting systems should be tested for security regardless of commercial availability. Since when does the fact that a product can be bought off the shelf at an electronics store mean that it is secure enough to be trusted with counting the nations' votes? Furthermore, Diebold fraudulently labeled their version of Windows Compact Edition as "COTS," as to avoid having it certified by Wyle, thereby not even adhering to the lax standards set forth by the FEC's Voting System Standards. Diebold's leadership made it clear that they did not want their WinCE 3.0 system to be analyzed by Wyle in an internal memo1. In this memo an upper level official says, "We do not want to get Wyle reviewing and certifying the operating systems," among other things4. Why they do not want Wyle certifying the operating systems is not made clear in the memo, but later in this article a likely explanation arises.
Windows CE is not a product like Windows NT, Windows XP, Windows ME, etc. The key difference lies the Windows CE operating system's lowest level, or its "kernel." The kernel for a Windows CE product much be specifically developed for the hardware system it is running on3. A version of Windows CE for a cell phone will not work in a voting machine and visa versa. Diebold must develop code for the voting machines. This, clearly, is a modification for use in a voting system, and thereby disqualifies it as being certified as COTS by the FEC's Voting System Standards.
A former Microsoft employee and Physics Ph. D. Richard R. Lee, who worked specifically on Windows CE, issued a legal declaration on August 6th of this year verifying the above. This is ample evidence that Diebold's voting system's FEC certification was fraudulently obtained and therefore nullified. That being said, the Diebold machines all over the country set to be used in the coming elections cannot legally be considered "voting machines." Needless to say, this is very disturbing.
Many different groups have reached this conclusion, the Election Science Institute (ESI), of San Francisco claimed "The election system, in its entirety, exhibits shortcomings with extremely serious consequences, especially in the event of a close election.6 Additionally the Columbus Dispatch reported on August 16th of this year in reference to the above-mentioned systems "These shortcomings merit urgent attention. Relying on this system in its present state should be viewed as a calculated risk."1 There are far too many more examples to list here.
Fortunately one state, California, has banned the use of these machines due to their lack of security. If Diebold's voting system isn't reliable enough to count the votes of Californians, how can it be reliable to count any citizen's vote? This fact may be inconsequential since it is unlikely that even the Neo-Cons would have enough gall to try and convince the American populous that California could inexplicably turn into a red state.
Secondly, the ease with which the information on the memory card of one of these machines can be manipulated is very disturbing. How easy is it? The newer TSx model has only five Phillips head screws keeping anyone in contact with the machine away from its vulnerable points. Once they are removed the casing comes right off and the PCMCIA (Personal Computer Memory Card International Association) slots are completely exposed.5 With these exposed, it is no problem to load new programs, operating systems, and even boot loading software. Armed only with a PCMCIA card as a removable storage device an attacker could alter the information on that machine with ease. There is also a hidden MMC/SD slot easily accessed once the casing is removed, this could also be a route of delivery for a potential attacker. From the MMC/SD (Multi-Media Card/Secure Data) slots an attacker could introduce a wireless connection to said machine, and anyone can see the inherent security risks there. We should also note both PCMCIA cards and MMC/SD cards are very compact and could easily be concealed in a jacket or pants pocket. Diebold's previous machinery has a similar record with security. The slightly older TS6, (which is used statewide in MD and GA) can also be compromised with only a Phillips head screwdriver.7 A Washington Post article from September 13th revealed that 238 polling locations in Maryland were unable to operate these machines at the time polls were supposed to open, thus possibly disenfranchising thousands.
According to a non-partisan group concerned with these security issues, Black Box Voting, it takes 12 bucks (for a Phillips head screwdriver, Allen wrench, and pliers) and about 4 minutes to remove the memory card from a Diebold optical scanning machine (which will also be used in the upcoming elections), replace it and re-seal everything on the machine, without leaving visible signs of tampering.7
Not only is the hardware extremely vulnerable, but the software is as well. Both Diebold's boot-loading software and version of Windows CE simply check for the correct file name before starting applications. An attacker would only need to rename malicious programs
to match the existing ones, and introduce them via either PCMCIA or MMC/SD card to permanently alter the machine. This is most likely why Diebold did not want Wyle Laboratories looking at their operating system.
Diebold's actual voting program "Ballot Station," is also vulnerable, but when the underlying operating system and boot loading software are already so easily manipulated, tampering with the specific program, which would be more easily noticed, is not necessary.7 Why change the rules when you can switch games and playing fields? This hardly presents a hurdle for anyone attempting to alter the voting record on one of these machines and is utterly unacceptable, particularly given the political climate.
Some states have undertaken significantly expensive PR campaigns for these unsecured machines. One wonders why money would be spent on giving the public a false sense of security about the new voting systems instead of actually making them secure. As our society becomes more saturated with technology it is not surprising that voting, like everything else, would become more computerized. However, American voters would expect a new voting system to be at least as secure, and preferably more so than its predecessor. How can an older voting system be considered obsolete when it is more secure than the newer model? And while every voting system does have a possibility of being manipulated, these machines make it much easier to alter much greater numbers of votes in much less time. What is the likelihood some group would attempt to undermine the will of the American people by altering the votes in the upcoming election? Well, to answer that, we needs only to look back at the 2004 Presidential election.
The election in question saw an unprecedented disparity with the exit polls, as much as 9.5%.6 This is a very substantial discrepancy when the margin of error was +/- 1%. Several polling authorities examined this and found no legitimate confounding variable in their methods. Edison Media Research and Mitofsky International, the polling institute conducting the 2004 exit polls attempted to explain this phenomenon with the "reluctant responder" hypothesis, which stated that Bush voter's were less likely to interact with exit
pollers, however even they admit that the reasons for this are "unclear" at best. The Zogby polling institution did not buy it and went as far to deem it "preposterous"6. Not to mention that 3 battleground states had the most "voter anomalies" and in said states the anomalies almost uniformly hurt Kerry and helped Bush. One statistician involved in an independent investigation, Steven F. Freeman, a visiting scholar at the University of Pennsylvania who specializes in research methodology, found that the odds of all these
events occurring randomly was approximately 1 in 660,000, or to quote the professor, "As much as we can say in sound science that something is impossible,'' and he goes on to say ''it is impossible that the discrepancies between predicted and actual vote count in the three critical battleground states of the 2004 election could have been due to chance or random error.''12 Freeman has even written a book on his statistical analysis of the election titled, Was the 2004 Presidential Election Stolen? Exit Polls, Election Fraud, and the Official Count. Why the mainstream media, and most of the Democratic Party has largely ignored this information is inexplicable. Breaking from most of his constituency, Robert F. Kennedy Jr. has attempted to launch legal inquiries and written a very thorough article for Rolling Stone on this matter.
In addition to these statistical anomalies, several incidents raise serious questions about the legitimacy of the 2004 election. The Republican National Committee hired Sproul & Associates, to assist in voter registration in six of the most important states and they were discovered shredding Democratic voter registrations.8
In Warren County, Ohio there was an incident in which GOP officials closed off the building where the votes were being tabulated by citing a terrorist threat issued by the FBI. However, the FBI issued no threat for Warren County that day9. Furthermore, the Cincinnati Inquirer uncovered documents which implicated GOP officials in planning this masquerade at least a week before the election9.
In Auglaize County an election official witnessed a GOP official make an unauthorized login to the computer used to tabulate the county's votes. This may seem innocuous, but in that county, more votes were recorded for each of three Democratic judicial candidates, all of whom were defeated, than for Kerry. One of these candidates was a very public proponent of gay marriage. Down ticket candidates, particularly ones who support controversial issues, rarely garner more of the vote than Presidential candidates of the same party, especially highly funded ones in extremely tight races. In eleven other rural Ohio counties, Ellen Connaly, the liberal judicial candidate mentioned above, ended up with more votes than Kerry. To believe a large portion of the population of rural Ohio voted for an African-American gay rights supporter, who even lost in more democratic precincts, and George W. Bush is unlikely at best, some would even say absurd. In Miami County, another of the 12 mentioned earlier, a voter turnout of 98.55% was recorded. Given the population, this would mean that all but ten registered voters went to the polls. However, in a post-election investigation the Columbus Free Press collected sworn affidavits from no less than 25 registered voters who claimed not to have voted in the election.12 It is also important to note that without the statistical anomalies in these twelve rural counties, Ohio would have been a blue state, putting Kerry in the White House6.
And lets not forget the ominous statement from the CEO and Chairman of Diebold in 2003 that he was ""committed to helping Ohio deliver its electoral votes to the president next year.10 Conflict of interest maybe? The same goes for the Ohio Secretary of State.
In addition to these incidents there is also ample evidence of the GOP using unethical tactics in creating barriers to registration and lengthy lines for those more likely to vote Democratic6.
Problems with the voting systems in question were also observed in the 2004 election. At least twenty machines then had to be recalibrated mid-election in largely Democratic areas around Youngstown because almost one hundred voters reported entering ''Kerry'' on the touch screen and watching ''Bush'' become highlighted. Similar cases of "Kerry" votes showing up as "Bush" were reported in several other states as well.11 But given the fraudulent certification and possible manipulation of these machines, these results are unfortunately not all that surprising.
I have attempted to ask the FEC several questions about the machines in question, the FEC was rather dismissive with my inquiry and directed me to the EAC. They were much more cooperative, but they have yet to certify any voting systems. That power has been delegated to them, but not put into practice as of my phone conversation of September 22nd. There is federal legislation pending in regards to requests for paper ballots, voting "receipts" and/or some other type of physical record of votes, but it has not passed as of yet. Currently, that power resides with each individual state. I hope to receive a more complete response from the EAC in the near future, as I was assured one. However, I'm not holding my breath. If I do receive a response any useful information contained therein, along with a list of which states are currently willing to provide a physical record of votes will follow shortly thereafter.
So now there not only exists an opportunity, and motive for voter fraud, but also a precedent (pun intended). What's even worse is that it isn't even hidden very well. Yet the mainstream media and most of the public seem to be clueless. Why are Americans blind to this? Occam's razor points us to the modern version of what Toqueville called "American Exceptionalism." This über-Americanism causes many to simply be unable to fathom our leadership doing anything wrong because they have been inundated with the idea that the U.S. is qualitatively superior to other developed nations due to its constitutional emphasis on freedom, both personal and economic. The idea that criminals could hijack this "exceptional" nation and its government is tantamount to treason in the minds of many. Accepting that it can happen in other countries, and in fact does all the time, is not a problem, but believing that this country is susceptible to the plights faced by different people all over the globe simply does not compute. This ethnocentric tenet is merely a contortion of youthful ignorance and arrogance, that for some reason, many Americans refuse to grow out of. It is a tragic flaw in the American psyche, one that if not checked, could eventually have dire personal consequences for us all. Ultra-nationalism has scarcely worked out well for any culture.
1. Jim March, The Fraud Behind Diebold's Touch screen Certifications, August 3rd 2006 http://www.equalccw.com/wincefraudwalkthrough.pdf [Accessed October 11th 2006]
2. FEC Voting System Standards http://www.eac.gov/election_resources/vss.html [Accessed October 11th, 2006]
3. Richard Lee Legal Declaration, August 6th, 2006 http://www.equalccw.com/rrlee-wincedeclaration.pdf [Accessed October 11th, 2006]
4. Talbot Iredale, Re: PA Certification. April 15th 2002
http://www.sims.berkeley.edu/~ping/diebold/lists/support.w3archive/200204/msg00055.html [Accessed October 11th, 2006]
5. Harri Hursti, Diebold Tsx Security Study http://www.bbvforums.org/forums/messages/1954/36340.html?1154547546 [Accessed October 11th, 2006]
6. Robert F. Kennedy Jr., Was the 2004 Election Stolen? RollingStone.com June 1st, 2006 http://www.rollingstone.com/news/story/10432334/was_the_2004_election_stolen/1 [Accessed October 11th, 2006]
7. .Bev Harris, Stoopidest Sleepover Security Ever: Black Box Voting blows through memory card seal http://www.bbvforums.org/cgi-bin/forums/board-auth.cgi?file=/1954/36510.html [Accessed October 11th, 2006]
8. Mark Brunswick and Pat Doyle, ''Voter Registration; 3 former workers: Firm paid pro-Bush bonuses; One said he was told his job was to bring back cards for GOP voters,'' Star Tribune (Minneapolis, MN), October 27, 2004.
9. Erica Solvig Cincinnati Enquirer, November 16, 2004 , ''No Changes in Final Warren Co. Vote Count; E-mails Released Monday Show Lockdown Pre-planned,'' http://news.enquirer.com/apps/pbcs.dll/article?AID=/20041116/NEWS01/411160355/1056
10. .CBS: E-Voting: Is The Fix In? August 8th, 2004
http://www.cbsnews.com/stories/2004/07/28/sunday/main632436.shtml[Accessed October 11th, 2006]
11. Voters Unite catalogues news reports from around the country that give examples of dysfunctional voting machines, among other election stories. http://www.votersunite.org/electionproblems.asp?sort=date&selectstate=ALL&selectproblemtype=Machine+malfunction[Accessed October 11th, 2006]
12. ''Errors Plague Voting Process in Ohio, Pa." The Vindicator, November, 2004, Vindicator Staff Report http://www.vindy.com/basic/news/281829446390855.php[Accessed October 11th, 2006]
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