{"article":{"id":175144,"heading":"How To GET DIEBOLD OUT","author":"x","created":"2006-08-21 13:27:26","modified":"2013-11-11 00:43:46","last_modified":"Mon, 11 Nov 2013 07:43:46","article":"
After EFF Litigation, Diebold Pulls Out of North Carolina
Raleigh, North Carolina - After a series of lawsuits led by the Electronic Frontier Foundation (EFF) to defend North Carolina's election integrity laws, controversial electronic voting machine manufacturer Diebold Election Systems finally withdrew from the state's voting machine procurement process on Thursday.
In November, Diebold filed suit against the North Carolina Board of Elections to try to avoid a state requirement that vendors place into escrow all source code \"that is relevant to functionality, setup, configuration, and operation of the voting system.\" Under a strong new state law, this code is to be available to the Board of Elections and the chairs of the state political parties for review so that they could look for security vulnerabilities. EFF intervened in the case on behalf of local voter integrity advocate Joyce McCloy and succeeded in convincing the judge to dismiss the case and require Diebold to comply.
Despite Diebold's open admission that it could not meet the state requirements for voting machine integrity, the Board of Elections later agreed to certify Diebold. EFF filed suit against the Board of Elections last week, arguing that the Board had violated its own obligations to perform extensive security-related tests of all of the code on all certified systems prior to certification. The court denied EFF's motion, but Diebold was nonetheless forced to withdraw from the North Carolina procurement process because it did not escrow its code.
In a letter to the Board of Elections on Thursday, Diebold indicated that it is still unwilling to comply with the law. Instead, it offered to help the state \"revise\" the law so that \"all vendors will be able to comply with the state election law.\"
\"The purpose of election integrity law is to ensure that votes are accurately counted, not to ensure that all equipment vendors can comply,\" said Matt Zimmerman, EFF's Staff Attorney specializing in electronic voting issues. \"The law requires voting machine transparency for good reason. All vendors must realize that the public will not and should not accept a process that forces them to simply trust, but not verify, their votes are accurately counted.\"
By withdrawing from North Carolina's electronic voting contract, Diebold cedes the market to competitor ES&S. The rival company has stated that it will comply with all state escrow requirements.
Contacts:
Cindy Cohn
Legal Director
Electronic Frontier Foundation
cindy@eff.org<\/a>
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org<\/a>
Posted at 01:32 PM
----------------------
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SENATE BILL 223
RATIFIED BILL
AN ACT TO RESTORE PUBLIC CONFIDENCE IN THE ELECTION PROCESS BY REQUIRING THAT THE STATE BOARD OF ELECTIONS, THROUGH THE DEVELOPMENT OF A REQUEST FOR PROPOSAL, ENSURE THAT ALL VOTING SYSTEMS GENERATE EITHER A PAPER BALLOT OR A PAPER RECORD BY WHICH VOTERS MAY VERIFY THEIR VOTES BEFORE CASTING THEM AND WHICH PROVIDES A BACKUP MEANS OF COUNTING THE VOTE THAT THE VOTER CASTS; BY PROVIDING STATUTORY GUIDANCE AS TO COUNTING; BY STANDARDIZING PURCHASING OF VOTING SYSTEMS IN NORTH CAROLINA, INCLUDING A REVIEW OF SOURCE CODE FOR SOFTWARE RELATED TO THOSE VOTING SYSTEMS AND AUTHORIZATION TO ESTABLISH THE ROLE OF THE STATE BOARD OF ELECTIONS AND COUNTY BOARD OF ELECTIONS RELATED TO TRAINING AND SUPPORT OF VOTING SYSTEMS; BY REQUIRING POSTELECTION TESTING OF VOTING SYSTEMS, INCLUDING A PAPER SAMPLE?COUNT; BY EXPANDING THE RIGHT TO A HAND?TO?EYE RECOUNT OF PAPER BALLOTS; AND BY PERMITTING A PILOT PROGRAM TO EXPERIMENT WITH NONPAPER MEANS OF VOTER VERIFICATION AND BALLOT BACKUP.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Effective August 1, 2005, and applicable to any voting systems upgraded or acquired on or after that date and to all voting systems used in the State during any election during or after 2006, G.S. 163?165.7 reads as rewritten:
\"§ 163?165.7. Voting systems: powers and duties of State Board of Elections.
(a) The State Board of Elections shall have authority to approve types, makes, and models of voting systems for use in elections and referenda held in this State. Only voting systems that have been approved by the State Board shall be used to conduct elections under this Chapter, and the approved systems shall be valid in any election or referendum held in any county or municipality. The State Board may, upon request of a local board of elections, authorize the use of a voting system not approved for general use. Only voting systems that have been certified by the State Board of Elections in accordance with the procedures and subject to the standards set forth in this section and that have not been subsequently decertified shall be permitted for use in elections in this State. Those certified voting systems shall be valid in any election held in the State or in any county, municipality, or other electoral district in the State. Subject to all other applicable rules adopted by the State Board of Elections and, with respect to federal elections, subject to all applicable federal regulations governing voting systems, paper ballots marked by the voter and counted by hand shall be deemed a certified voting system. The State Board of Elections shall certify optical scan voting systems, optical scan with ballot markers voting systems, and direct record electronic voting systems if any of those systems meet all applicable requirements of federal and State law. The State Board may certify additional voting systems only if they meet the requirements of the request for proposal process set forth in this section and only if they generate either a paper ballot or a paper record by which voters may verify their votes before casting them and which provides a backup means of counting the vote that the voter casts. Those voting systems may include optical scan and direct record electronic (DRE) voting systems. In consultation with the Office of Information Technology Services, the State Board shall develop the requests for proposal subject to the provisions of this Chapter and other applicable State laws. Among other requirements, the request for proposal shall require at least all of the following elements:
(1) That the vendor post a bond or letter of credit to cover damages resulting from defects in the voting system. Damages shall include, among other items, any costs of conducting a new election attributable to those defects.
(2) That the voting system comply with all federal requirements for voting systems.
(3) That the voting system must have the capacity to include in precinct returns the votes cast by voters outside of the voter's precinct as required by G.S. 163?132.5G.
(4) With respect to electronic voting systems, that the voting system generate a paper record of each individual vote cast, which paper record shall be maintained in a secure fashion and shall serve as a backup record for purposes of any hand?to?eye count, hand?to?eye recount, or other audit. Electronic systems that employ optical scan technology to count paper ballots shall be deemed to satisfy this requirement.
(5) With respect to DRE voting systems, that the paper record generated by the system be viewable by the voter before the vote is cast electronically, and that the system permit the voter to correct any discrepancy between the electronic vote and the paper record before the vote is cast.
(6) With respect to all voting systems using electronic means, that the vendor provide access to all of any information required to be placed in escrow by a vendor pursuant to G.S. 163?165.9A for review and examination by the State Board of Elections; the Office of Information Technology Services; the State chairs of each political party recognized under G.S. 163?96; the purchasing county; and designees as provided in subdivision (9) of subsection (d) of this section.
(7) That the vendor must quote a statewide uniform price for each unit of the equipment.
(8) That the vendor must separately agree with the purchasing county that if it is granted a contract to provide software for an electronic voting system but fails to debug, modify, repair, or update the software as agreed or in the event of the vendor having bankruptcy filed for or against it, the source code described in G.S. 163?165.9A(a) shall be turned over to the purchasing county by the escrow agent chosen under G.S. 163?165.9A(a)(1) for the purposes of continuing use of the software for the period of the contract and for permitting access to the persons described in subdivision (6) of this subsection for the purpose of reviewing the source code.
In its request for proposal, the State Board of Elections shall address the mandatory terms of the contract for the purchase of the voting system and the maintenance and training related to that voting system.
No voting system acquired or upgraded by a county before August 1, 2005, shall be used in an election during or after 2006 unless the county can demonstrate to the State Board of Elections compliance with the requirements in subdivisions (1) through (8) of this subsection, where those requirements are applicable to the type of voting system involved.
(b) The State Board may also, upon notice and hearing, disapprove decertify types, makes, and models of voting systems. Upon disapproving decertifying a type, make, or model of voting system, the State Board shall determine the process by which the disapproved decertified system is discontinued in any county. If a county makes a showing that discontinuance would impose a financial hardship upon it, the county shall be given up to four years from the time of State Board disapproval to replace the system. A county may appeal a decision by the State Board concerning discontinuance of a voting system the process by which the decertified system is discontinued in that county to the superior court in that county or to the Superior Court of Wake County. The county has 30 days from the time it receives notice of the State Board's decision on discontinuancethe process by which the decertified system is discontinued in that county to make that appeal.
(c) 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. Any portion of the report containing specific information related to any trade secret as designated pursuant to G.S. 132?1.2 shall be confidential and shall be accessed only under the rules adopted pursuant to subdivision (9) of subsection (d) of this section. The State Board may hear and discuss the report of any such review under G.S. 143?318.11(a)(1).
(d) Subject to the provisions of this Chapter, the State Board of Elections shall prescribe rules for the adoption, handling, operation, and honest use of certified voting systems, including, but not limited to,including all of the following:
(1) Procedures for county boards of elections to utilize when recommending the purchase of a Types, makes, and models of certified voting systems approved system for use in this Statethat county.
(2) Form of official ballot labels to be used on voting systems.
(3) Operation and manner of voting on voting systems.
(4) Instruction of precinct officials in the use of voting systems.
(5) Instruction of voters in the use of voting systems.
(6) Assistance to voters using voting systems.
(7) Duties of custodians of voting systems.
(8) Examination and testing of voting systems in a public forum in the county before and after use in an election.
(9) Notwithstanding G.S. 132?1.2, procedures for the review and examination of any information placed in escrow by a vendor pursuant to G.S. 163?165.9A by only the following persons:
a. State Board of Elections.
b. Office of Information Technology Services.
c. The State chairs of each political party recognized under G.S. 163?96.
d. The purchasing county.
Each person listed in sub?subdivisions a. through d. of this subdivision may designate up to three persons as that person's agents to review and examine the information. No person shall designate under this subdivision a business competitor of the vendor whose proprietary information is being reviewed and examined. For purposes of this review and examination, any designees under this subdivision and the State party chairs shall be treated as public officials under G.S. 132?2.
(10) With respect to electronic voting systems, procedures to maintain the integrity of both the electronic vote count and the paper record. Those procedures shall at a minimum include procedures to protect against the alteration of the paper record after a machine vote has been recorded and procedures to prevent removal by the voter from the voting enclosure of any paper record or copy of an individually voted ballot or of any other device or item whose removal from the voting enclosure could permit compromise of the integrity of either the machine count or the paper record.
Any rules adopted under this subsection shall be in conjunction with procedures and standards adopted under G.S. 163?182.1, are exempt from Chapter 150B of the General Statutes, and are subject to the same procedures for notice and publication set forth in G.S. 163?182.1.
(e) The State Board of Elections shall facilitate training and support of the voting systems utilized by the counties.\"
SECTION 1.(a1) G.S. 163?166.7(c) reads as rewritten:
\"(c) The State Board of Elections shall promulgate rules for the process of voting. Those rules shall emphasize the appearance as well as the reality of dignity, good order, impartiality, and the convenience and privacy of the voter. Those rules, at a minimum, shall include procedures to ensure that all the following occur:
(1) The voting system remains secure throughout the period voting is being conducted.
CONTINUED:
http:\/\/www.ncleg.net\/Sessions\/2005\/Bills\/Senate\/HTML\/S223v6.html<\/a>
\n","contact":"","link":"","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"\r\n\r\nHERES WHAT DID IT:\r\n(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 That the vendor post a bond or letter of credit to cover damages resulting from defects in the voting system. Damages shall include, among other items, any costs of conducting a new election attributable to those defects. ","numcomment":4,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2006\/08\/175144.php"},"attachments":[],"comments":[{"id":186837,"heading":"Remeber: paper ballots, NOT paper trails","article":"I don't know if anyone is pushing for paper ballots, but it's still important that they distinguish between paper ballots and "paper trails". Paper trails aren't as good as paper ballots.\r\n\r\nA paper trail is a mere shadow of an electronic vote. It's a copy of the actual "ballot" which is in alterable, electronic form. So, if you vote with an electronic card, and get a receipt, they can still alter the electronic ballot (whether it's a smart card, or data within the computer's memory).\r\n\r\nA paper ballot is concrete. It has a physical presence, and the data that's taken from the ballot is a copy of what's on the paper ballot.\r\n\r\nI think we should not only go to paper ballots, but to paper ballots with the names written right on the ballot. Get rid of the "ink a vote" primitive-70's-technology Hollerith cards. Just attach a printer to a laptop computer, load up ballot printing software, and the computer will print a extremely neatly printed, human readable ballot. It has to be formatted in a way that a computer can read, and maybe have some barcodes to double-check the results.\r\n\r\n(In fact, there are ways to give the voter a secret code that would let the voter quickly find out if their vote was counted. It could be done without compromising privacy, so a ballot could not be easily traced to a person.)\r\n\r\nIf you want very durable ballots, use durable paper, like a heavy bond paper, available at stationery stores. If you need high security, use preprinted, counterfeit-proof paper, like the kind we use to print money.\r\n\r\nEach "voting machine" could be made from a cheap laptop computer with a touch screen attachment. The printers would be a generic inkjet - perhaps made to spec. All that this "voting machine" would do is print the ballot. It wouldn't record votes.\r\n\r\nIf you need a vote-counting machine, just set up another laptop with a scanner. Load up the counting software, and have people pass the ballot through the scanner feeder.","author":"johnk","parent_id":175144,"mime_type":"text\/plain","created":"2006-11-08 02:59:02","modified":"2006-11-08 02:59:02","fileurl":""},{"id":186853,"heading":"Kucinich Introduces Paper-Only Voting Bill","article":"Oct 5, 2006\r\n\r\nOn September 27, Congressman Kucinich, with 19 cosponsors, introduced H.R. 6200, the Paper Ballot Act of 2006.\r\n\r\nThe bill would "amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand." It was referred to the Committee on House Administration and the Committee on Government Reform.\r\n\r\nSpecifically, the bill would amend Sec. 301(a) by adding new rules for presidential elections:\r\n\r\n"(A) The State shall conduct the election using only paper ballots.\r\n\r\n"(B) The State shall ensure that the number of ballots cast at a precinct or equivalent location which are placed inside a single box or similar container does not exceed 500.\r\n\r\n"(C) The ballots cast at a precinct or equivalent location shall be counted by hand by election officials at the precinct, and a representative of each political party with a candidate on the ballot, as well as any interested member of the public, may observe the officials as they count the ballots."\r\n\r\nIn addition, H.R. 6200 would make election day a holiday, by moving the observation of Washington's birthday to election day during presidential election years.\r\n\r\n\r\nhttp:\/\/www.indybay.org\/newsitems\/2006\/10\/03\/18317658.php","author":"Repost","parent_id":175144,"mime_type":"text\/plain","created":"2006-11-08 06:30:17","modified":"2006-11-08 06:30:17","fileurl":""},{"id":186916,"heading":"Vote Republican! Vote Pedophile!","article":"\r\nhttp:\/\/www.armchairsubversive.com\/\r\n\r\nSTOP REPUBLICAN PEDOPHILIA\r\n\r\n\r\n\r\nRepublican County Board Candidate Brent Schepp was charged with molesting a 14-year old girl and killed himself three days later.\r\nRepublican Congressman Mark Foley abruptly resigned from Congress after "sexually explicit" emails surfaced showing him flirting with a 16-year old boy.\r\nRepublican executive Randall Casseday of the conservative Washington Times newspaper was arrested for soliciting sex from a 13-year old girl on the internet.\r\nRepublican chairman of the Oregon Christian Coalition Lou Beres confessed to molesting a 13-year old girl.\r\nRepublican County Constable Larry Dale Floyd was arrested on suspicion of soliciting sex with an 8-year old girl. Floyd has repeatedly won elections for Denton County, Texas, constable.\r\nRepublican judge Mark Pazuhanich pleaded no contest to fondling a 10-year old girl and was sentenced to 10 years probation.\r\nRepublican Party leader Bobby Stumbo was arrested for having sex with a 5-year old boy.\r\nRepublican petition drive manager Tom Randall pleaded guilty to molesting two girls under the age of 14, one of them the daughter of an associate in the petition business.\r\nRepublican County Chairman Armando Tebano was arrested for sexually molesting a 14-year-old girl.\r\nRepublican teacher and former city councilman John Collins pleaded guilty to sexually molesting 13 and 14 year old girls.\r\nRepublican campaign worker Mark Seidensticker is a convicted child molester.\r\nRepublican Mayor Philip Giordano is serving a 37-year sentence in federal prison for sexually abusing 8- and 10-year old girls.\r\nRepublican Mayor Tom Adams was arrested for distributing child pornography over the internet.\r\nRepublican Mayor John Gosek was arrested on charges of soliciting sex from two 15-year old girls.\r\nRepublican County Commissioner David Swartz pleaded guilty to molesting two girls under the age of 11 and was sentenced to 8 years in prison.\r\nRepublican legislator Edison Misla Aldarondo was sentenced to 10 years in prison for raping his daughter between the ages of 9 and 17.\r\nRepublican Committeeman John R. Curtain was charged with molesting a teenage boy and unlawful sexual contact with a minor.\r\nRepublican anti-abortion activist Howard Scott Heldreth is a convicted child rapist in Florida.\r\nRepublican zoning supervisor, Boy Scout leader and Lutheran church president Dennis L. Rader pleaded guilty to performing a sexual act on an 11-year old girl he murdered.\r\nRepublican anti-abortion activist Nicholas Morency pleaded guilty to possessing child pornography on his computer and offering a bounty to anybody who murders an abortion doctor.\r\nRepublican campaign consultant Tom Shortridge was sentenced to three years probation for taking nude photographs of a 15-year old girl.\r\nRepublican racist pedophile and United States Senator Strom Thurmond had sex with a 15-year old black girl which produced a child.\r\nRepublican pastor Mike Hintz, whom George W. Bush commended during the 2004 presidential campaign, surrendered to police after admitting to a sexual affair with a female juvenile.\r\nRepublican legislator Peter Dibble pleaded no contest to having an inappropriate relationship with a 13-year-old girl.\r\nRepublican advertising consultant Carey Lee Cramer was sentenced to six years in prison for molesting two 8-year old girls, one of whom appeared in an anti-Gore television commercial.\r\nRepublican activist Lawrence E. King, Jr. organized child sex parties at the White House during the 1980s.\r\nRepublican lobbyist Craig J. Spence organized child sex parties at the White House during the 1980s.\r\nRepublican Congressman Donald "Buz" Lukens was found guilty of having sex with a female minor and sentenced to one month in jail.\r\nRepublican fundraiser Richard A. Delgaudio was found guilty of child porn charges and paying two teenage girls to pose for sexual photos.\r\nRepublican activist Mark A. Grethen convicted on six counts of sex crimes involving children.\r\nRepublican campaign chairman Randal David Ankeney pleaded guilty to attempted sexual assault on a child and was arrested again five years later on the same charge.\r\nRepublican Congressman Dan Crane had sex with a female minor working as a congressional page.\r\nRepublican activist and Christian Coalition leader Beverly Russell admitted to an incestuous relationship with his step daughter.\r\nRepublican Judge Ronald C. Kline was placed under house arrest for child molestation and possession of child pornography.\r\nRepublican congressman and anti-gay activist Robert Bauman was charged with having sex with a 16-year-old boy he picked up at a gay bar.\r\nRepublican Committee Chairman Jeffrey Patti was arrested for distributing a video clip of a 5-year-old girl being raped.\r\nRepublican activist Marty Glickman (a.k.a. "Republican Marty"), was taken into custody by Florida police on four counts of unlawful sexual activity with an underage girl and one count of delivering the drug LSD.\r\nRepublican legislative aide Howard L. Brooks was charged with molesting a 12-year old boy and possession of child pornography.\r\nRepublican Senate candidate John Hathaway was accused of having sex with his 12-year old baby sitter and withdrew his candidacy after the allegations were reported in the media.\r\n\r\nRepublican preacher Stephen White, who demanded a return to traditional values, was sentenced to jail after offering $20 to a 14-year-old boy for permission to perform oral sex on him.\r\n\r\nRepublican talk show host Jon Matthews pleaded guilty to exposing his genitals to an 11 year old girl.\r\n\r\nRepublican anti-gay activist Earl "Butch" Kimmerling was sentenced to 40 years in prison for molesting an 8-year old girl after he attempted to stop a gay couple from adopting her.\r\nRepublican Party leader Paul Ingram pleaded guilty to six counts of raping his daughters and served 14 years in federal prison.\r\nRepublican election board official Kevin Coan was sentenced to two years probation for soliciting sex over the internet from a 14-year old girl.\r\nRepublican politician Andrew Buhr was charged with two counts of first degree sodomy with a 13-year old boy.\r\n\r\nRepublican legislator Keith Westmoreland was arrested on seven felony counts of lewd and lascivious exhibition to girls under the age of 16 (i.e. exposing himself to children).\r\n\r\nRepublican anti-abortion activist John Allen Burt was found guilty of molesting a 15-year old girl.\r\nRepublican County Councilman Keola Childs pleaded guilty to molesting a male child.\r\nRepublican activist John Butler was charged with criminal sexual assault on a teenage girl.\r\nRepublican candidate Richard Gardner admitted to molesting his two daughters.\r\nRepublican Councilman and former Marine Jack W. Gardner was convicted of molesting a 13-year old girl.\r\nRepublican County Commissioner Merrill Robert Barter pleaded guilty to unlawful sexual contact and assault on a teenage boy.\r\nRepublican City Councilman Fred C. Smeltzer, Jr. pleaded no contest to raping a 15 year-old girl and served 6-months in prison.\r\nRepublican activist Parker J. Bena pleaded guilty to possession of child pornography on his home computer and was sentenced to 30 months in federal prison and fined $18,000.\r\nRepublican parole board officer and former Colorado state representative, Larry Jack Schwarz, was fired after child pornography was found in his possession.\r\nRepublican strategist and Citadel Military College graduate Robin Vanderwall was convicted in Virginia on five counts of soliciting sex from boys and girls over the internet.\r\nRepublican city councilman Mark Harris, who is described as a "good military man" and "church goer," was convicted of repeatedly having sex with an 11-year-old girl and sentenced to 12 years in prison.\r\nRepublican businessman Jon Grunseth withdrew his candidacy for Minnesota governor after allegations surfaced that he went swimming in the nude with four underage girls, including his daughter.\r\nRepublican campaign worker, police officer and self-proclaimed reverend Steve Aiken was convicted of having sex with two underage girls.\r\nRepublican director of the "Young Republican Federation" Nicholas Elizondo molested his 6-year old daughter and was sentenced to six years in prison.\r\nRepublican president of the New York City Housing Development Corp. Russell Harding pleaded guilty to possessing child pornography on his computer.\r\nRepublican benefactor of conservative Christian groups, Richard A. Dasen Sr., was found guilty of raping a 15-year old girl. Dasen, 62, who is married with grown children and several grandchildren, has allegedly told police that over the past decade he paid more than $1 million to have sex with a large number of young women.\r\nRepublican Defense Secretary Donald Rumsfeld authorized the rape of children in Iraqi prisons in order to humiliate their parents into providing information about the anti-American insurgency. See excerpt of one prisoner's report here and his full report here.\r\n\r\n","author":"Vote Republican! Vote Pedophile!","parent_id":175144,"mime_type":"text\/plain","created":"2006-11-09 00:35:09","modified":"2006-11-09 00:35:09","fileurl":""},{"id":186968,"heading":"time to","article":"do the bump","author":"bump","parent_id":175144,"mime_type":"text\/plain","created":"2006-11-09 08:18:54","modified":"2006-11-09 08:18:54","fileurl":""}]}