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An open letter to the Election Assistance Commission
by John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
December 25, 2005

Dear Elections Assistance Commission

Today I write to express my disappointment with the non-responsiveness of the commission to the needs of the voters. You do well when it comes to the needs of the voting machine vendors, it seems, but the voters are being ignored.

You say that "the Commission serves as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections". I'm sorry to say that you fail as both a national clearinghouse and as a resource for information.

Let me give you a few examples of the failures. On October 17, 2004 a letter from VotersUnite.Org was given to, you, the commissioners. This letter expressed an idea that VotersUnite.Org had concerning your mandate to be a national clearinghouse and resource. It was VotersUnite.Org's idea that a communications network be established between all state, county, and local elections officials for the purpose of wide promulgation of information about voting system problems, solutions, and other issues that would have wide-spread interest. To this date VotersUnite.Org has never received a response to this letter even though I have personally spoken with your spokesperson about it and another copy of the letter was transmitted to this person for a response. It is, apparently, sitting on some EAC Counsel's desk for action; or being ignored.

The letter was also given, months later, to members of the Government Accountability Office as testimony prior to their report on your successes and failures since you were formed. I'm sure you have noticed that the clearinghouse idea was mentioned several times in their report. It is hoped that you will not treat the GAO as you have treated the public and ignore their advice.

In mid-August of this year your spokesperson told a newspaper reporter in Pennsylvania, "[S]tates must require that the disabled have the ability to vote, and that machines meet certain auditing and accuracy requirements. But there's nothing in the act saying that decades-old lever voting machines must go, she said; that's a decision for the states to decide." To be fair, the spokesperson told me that she was misquoted; but that misquote caused an almost immediate action because on September 8 you issued an advisory that clarified that lever voting machines do not meet the mandates of the Help America Vote Act of 2002. It is clear that the advisory was quickly issued to clear-up the 'misquote'.

I would think that you would be just as interested in clearing up the rampant misinformation regarding punch card voting systems. As you are aware, HAVA clearly gives means for states, counties, and local jurisdictions to keep their punch-card systems. However, the voting machine vendors have spread the false information that these systems are not legal for use after 1 January 2006. Unlike your action to clear-up a 'misquote' from your spokesperson, you have allowed the vendors to continue to spread this misinformation unchecked.

On September 7 a group of 15 voter advocacy groups representing thousands of voters across the country and signed by the Executive Director of VoteTrustUSA, an umbrella organization representing these 15 local or state groups, sent you a letter requesting clarification of HAVA language concerning lever machines and punch card voting systems. The action requested of you by these groups was to provide guidance regarding these voting systems and HAVA. Fortuitously you cleared-up the question about lever machines the same day that this letter was in the mail.

Unfortunately, again, your staff seems to have lost the letter and there has never been a response to the punch-card issue. I have called more than once and talked to your spokesperson who searched for the original letter but was not able to find it. I sent her, via email, another copy of the letter on October 13. I was then told on October 14 that this email'd letter was forwarded to the appropriate staff person for response. I have since called and asked for a status of that response and I have been given excuses such as that the appropriate staff person is "out with the flu".

Joan Krawitz, the signer of the original letter and the Executive Director of VoteTrustUSA, called your spokesperson and left a message on her voice mail asking for a call back. That return call has never been made.

It is unfortunate that by your inaction you have allowed the voting machine industry, and their lobbyists, to misinform counties and jurisdictions into thinking that HAVA mandates a replacement of their punch-card voting systems. Counties that have never had problems with their elections and that have budgetary problems are now reluctantly spending tax payers' funds to purchase new technology that they do not want. It is clear that you have not done your job in this instance.

Finally, rather than take a simple action to provide the "Qualified Voting Systems" list on your own website, you have left it for the National Association of State Elections Directors to do this task. This list is public information; not proprietary. However, until I made many calls over a period of two months to the ITA Secretariat, Brian Hancock, that list was not updated. The list went without being updated from August 30 until November 18. That is an egregious failure to get public information to the public. To be fair Mr. Hancock did make calls to NASED when I called him, and finally he had to call the Chair, Linda Lamone, in order to finally get that vital information made public.

It is clear from the above that you are a failure as an information clearinghouse. It could also be argued that you are reticent to do anything that might damage the voting machine industry. That is an unfortunate perception, I realize, but it is one that you have done nothing to fight. I am disappointed that a government agency that is supposed to ensure fair elections seems to have lost its way. I am disappointed that a government agency that should be giving the voters more confidence in their election process has done nothing to give anyone confidence. Instead, you have stood idly by, watching the voting machine industry make hundreds of millions of dollars at the expense of the taxpayers.

I sincerely hope that actions are taken to immediately assuage my disappointment in your lack of any action on the above matters.

John Gideon
Executive Director www.votersunite.org and
Information Manager www.votetrustusa.org

VotersUnite! is a national non-partisan organization dedicated to fair and accurate elections. It focuses on distributing well-researched information to elections officials, elected officials, the media, and the public; as well as providing activists with information they need to work toward transparent elections in their communities.


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Don't forget to check out articles from 2007 and 2008

Election Issues

"An open letter to the Election Assistance Commission"
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"Powerful Government Accountability Office report confirms key 2004 stolen election findings"
  October 26, 2005
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"Did you erase your own vote?"
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"Why can't the left face the Stolen Elections of 2004 & 2008?"
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"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008"
  September 20, 2005
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"Two Steps Forward, One Step Back"
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"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes"
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"Ohio recount lawsuit set for trial; election workers indicted"
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"Ohio Governor's ethics violations expose money trail to stolen 2004 election"
  August 30, 2005
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"Diebold's failure in California"
  August 7, 2005
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"Did the GOP steal another Ohio Election?"
  August 5, 2005
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"Conyers-Kaptur seek special counsel for Noe probe"
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  July 29, 2005
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"None dare call it stolen - Ohio, the election, and America's servile press"
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"Log Cabin Republicans in Ohio"
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  June 28, 2005
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"Voting problems and uncounted votes in Lucas County, Ohio"
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"The DNC 2004 Election Report: An indictment of incompetence"
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  June 16, 2005
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"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox"
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"Electoral reform groups call for James Baker's resignation from electoral reform commission"
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"National Conference on Election Reform Opens with Civil Rights Panel"
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"View from Another Planet"
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  April 12, 2005
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"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!"
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"As Blackwell Says, Ohio’s in 2004 was a National Model"
  March 24, 2005
  Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman

"Understanding the difference between paper ballots and paper audit trails"
  March 20, 2005
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"Save Our Democracy"
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"Republicans maneuvering to get Voting Rights Act killed"
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"Selma 40 Years Later"
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  March 4, 2005
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"Voting in America"
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"The Mighty Texas Strike Force"
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"The last man to concede..."
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"Report on Washington DC, January 6, 2005"
  January 25, 2005
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"New links"
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  January 23, 2005
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"Plan B:  Parallel Elections & Signed Ballots"
  January 20, 2005
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"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr."
  January 20, 2005
  Representative John Conyers, Jr.

"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr."
  January 20, 2005
  Representative John Conyers, Jr.

"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team"
  January 19, 2005
  Steve Rosenfeld and Harvey Wasserman

"What are they hiding in New Mexico?"
  January 18, 2005
  Warren Stewart, National Ballot Integrity Project

"In the Shadow of Dr. King, counting the vote remains a civil rights issue"
  January 17, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"Did the “Liberal Media” Get the 2004 Election All Wrong? "
  January 16, 2005
  Gene C. Gerard

"'COUNT EVERY VOTE.  EVERY VOTE COUNTS'"
  January 16, 2005
  Mary Anne Saucier

"Moss v. Bush moves on and movement continues"
  January 13, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"Rally Continues Drive for Democracy"
  January 9, 2005
   Mark Huntress

"Estimated vote count in Ohio"
  January 8, 2005
  Richard Hayes Phillips, Ph.D.

"January 6 Washington, D.C. rally report"
  January 8, 2005
  Nick Mottern

"Together, we moved three mountains"
  January 8, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"What the election challenge means"
  January 8, 2005
  David Swanson, ILCA

"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally"
  January 7, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"Arnebeck letter to Congress re Presidential Electoral Challenge"
  January 6, 2005
  Clifford O. Arnebeck, Jr.

"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election"
  January 6, 2005
  Free Press staff

"The "Crime of November 2":  The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)"
  January 5, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"Status Report of the House Judiciary Committee Democratic Staff"
  January 5, 2005
  U.S. Rep. John Conyers and staff

"Seven key reasons why the vote must be challenged at the electoral college"
  January 3, 2005
  Rev. Jesse Jackson, Rainbow/PUSH Coalition

"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)"
  January 3, 2005
  Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman

"Verified election contest petitions and documents in Ohio Supreme Court "
  January 2, 2005
  The undersigned

"Distribution of voting machines by county in Ohio"
  January 1, 2005
  Andy Shifflette

"Did We Bounce An Election?"
  January 1, 2005
  Warren Stewart, votersunite.org

"Presidential election congressional hearing transcript"
  January 1, 2005
  Congresspeople Waters, Tubbs-Jones and Conyers and others

Selected articles from 2004

"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico"
  December 31, 2004

"Impossible Phantom Votes in New Mexico "
  December 30, 2004

"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data"
  December 29, 2004

"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray"
  December 28, 2004

"Another third rate burglary"
  December 25, 2004

"Hacking the vote in Miami County"
  December 25, 2004

"Update from the Ohio Frontlines"
  December 24, 2004

"Lawsuit Before the Ohio Supreme Court"
  December 24, 2004

"Kerry votes switched to Bush and ballots pre-punched for Bush"
  December 24, 2004

"Uncounted votes in Cuyahoga County"
  December 24, 2004

Related Journal articles:

"GAO report documents how easy it is to hack the vote"
  November 15, 2005

"J30 Election Reform Coalition"
  March 21, 2005

"The Un-mighty New Hampshire Jam Force"
  March 21, 2005

"Petro sanctions democracy"
  March 21, 2005

"Progressives helped concede election by conceding the moral high ground"
  March 21, 2005

"We will not concede, or get over it, but we shall overcome"
  January 23, 2005

"From Selma to Palm Beach to Columbus"
  January 23, 2005

"Movement Heroes"
  January 23, 2005




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