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Departments Election Issues Another Husted dirty trick in Ohio: Secretary of State's Office admits direct reporting function of untested election software Memos circulated amongst senior staff at the Ohio Secretary of States' indicate that they consider this skirting of Ohio Election Law is justified because the software does not directly tabulate or communicate actual votes. Their statements to the mainstream press reveal a different set of facts about the software and a different justification. In statements to the theGrio, NBC's political blog, SOS spokesman Matt McClellan said the software is to "assist counties and to help them simplify the process by which they report the results to our system." and that it was deemed experimental because "It is a pilot project that we're doing with about 25 counties or so. So it's not statewide, but it is a pilot project we're trying." Ohio election law does not allow software or hardware to be used in election until it has been tested or certified by the Ohio Board of Voting Machine Examiners unless it is experimental. The confidential internal memos indicate that this software was never tested because of claims that it is not involved with the tabulation or communication of votes. Reporting election results from county tabulation systems to the secretary of state's office, which is the purpose of this software as explained by McClellan, is in fact communication of votes. The potential federal illegality of this software has been hidden from public scrutiny by the Secretary of State's Election Counsel Brandi Seske. In a September 29 memo, Seske wrote, "Please see the attached letter from Matt Masterson regarding de minimis changes - one submitted by ES&S and one by Dominion Voting Systems. He has reviewed and approved the changes." "De minimis" is a legal term for minute. Federal election regulations have a very specific definition of de minimis. This definition was clarified to all state level agencies in a federal Elections Assistance Commission memo dated February 8, 2012 entitled "Software and Firmware modifications are not de minimis changes." Ohio election law provides for experimental equipment only in a limited number of precincts per county. Installing uncertified and untested software on central tabulation equipment essential affects every single precinct in a given county. Nowhere in the memos circulated by Seske, nor in the contract, is the software called "experimental." The Secretary of State's office has given one questionable justification to its own Board of Voting Machine Examiners and another to the public. The contract provides for testing, performed jointly by the counties and the vendor within 30 days of the software being installed. This testing was required to be independent and overseen by the Board of Voting Machine Examiners, as required by Ohio law. McClellan told theGrio "I'm not sure the exact timeline of that [the installation and testing], but I know we've been working with the counties for the past couple of months on getting these in place, testing them to make sure they work properly, and working with the vendors as well." This uncertified and untested software could easily malfunction and corrupt votes on the central tabulation machines, thus destroying any electronic record of the actual votes by citizens. This "experimental" software, as outlined in the contract, has no security protocols. A "man in the middle" attack, like the one that stole the Ohio election for George W. Bush in 2004, could be directly facilitated by this untested and uncertified software installation. The Secretary of State's office has used every legal contortion to avoid the use of science and the possibility of public scrutiny of this possibly illegal software. The Free Press will continue to report on this story as it develops. -- Gerry Bello is the chief researcher at the Columbus Free Press. He holds a degree in computer security from Antioch College. Bob Fitrakis is the Editor of the Free Press. He holds Ph.D. in Political Science and a J.D. from the Moritz College of Law at Ohio State University. |
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Recent Election Issues Articles Story notes For television producer Shonda Rhimes Timeline 2004 – One more look at the Ohio election Dysfunction at Maricopa County Elections department disenfranchises tens of thousands SWING STATE: How the Fix was Nixed in Ohio Romney may have lost, but the voting system is still broken OPINION: Your vote got counted. Here's why Matrix of Deceit: Forcing Pre-election and Exit polls to Match Fraudulent Vote Counts Bifani rap on the state of the elections in the USA An America Yet To Be Born Voter Supression In Center City Allentown PA An Election Protection Agenda for 2016 Vote totals for Obama and Romney inexplicably decreasing in three Ohio counties Opening of polls in Franklin County on Election Day Fitrakis returns from federal court hearing on Ohio voting machine software patch Good news for OSU students trying to vote Video of vote flipping in Pennsylvania Bob Fitrakis from the hearing today Reports from election observers and voters: Broken scanners and too many provisionals Nearly 1000 voters forced to vote provisional in a single Franklin county precinct Breaking News: Judge denies request to stop illegal software patches Election watch report from Columbus Ohio Action at the Driving Park polling site The Battleground States: True Vote Sensitivity Analysis Woman not allowed to vote Breaking News: Results of today’s hearing in state court on the uncertified and untested software Election Protection News Conference - Pt. 1 Election Protection News Conference - Pt. 2 Another Husted dirty trick in Ohio: Secretary of State's Office admits direct reporting function of untested election software OHIO – VOTE HEIST 2012? 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Why we fight to prevent stolen elections in 2012 and beyond Mike Connell: Man in the Middle Gripping documentary exposes voter suppression and election rigging in the 2004 presidential election Thom Pintello: I Just Want My Vote to Count" Why Romney has already won this electronic election, unless… Partisan lies about the security of Hart e-voting machines continue to flow from Hamilton County Romney family and friends will help tabulate the vote count in Cincinnati: Hart Intercivic holds maintenance contracts on their own machines Election software company Scytl on the run from the Free Press, from one fake address to the next The case for irrational voting Why are legal scholars dismissing election fraud?: Manufactured skepticism and exit polls Jamia Shepard: Advocate for Voter Rights Does the Romney family now own your e-vote? Secretary of State’s directive allowing early voting during three days before Election Day long overdue: Lawsuits and voter confusion could have been avoided “It’s Ok to leave your abuser,” says Green Party VP candidate Will H.I.G.-owned e-voting machines give Romney the White House? Ignore debate zingers, focus on issues Bob Fitrakis speaks at Neighborhood House candidate forum Last three days before election early voting reinstated in Ohio...sort of Book Review: A Must Read for All U.S. Citizens Vote counting company tied to Romney Will 9 GOP governors electronically flip Romney into the White House? Ohio Elections Commission finds probable cause that anti-Issue 2 ad is misleading Who owns Scytl? George Soros isn’t in the voting machines, but the intelligence community is Will the GOP steal America's 2012 election? Pragmatic Racism Four ways the Ohio GOP is already stealing the 2012 election Gubernatorial Recall Ballots Saved from Destruction in Waukesha County, WI - For Now... What Paul Ryan has and Obama wants Playing field is tilted against voters Colonels in mirrored sunglasses The new Jim Crow: Massive disenfranchisement returns Mishandled Redistricting disenfranchises 3,000 voters Corporate vote theft and the future of American democracy PART ONE New certifications, planned expansion Progressive morality Was the election stolen in Wisconsin - what are the odds? Columbus Free Press in the news: A million voters purged Wisconsin: New year, same stench Republican retreat - Ohio House Republicans defeat their own voter suppression bill Elections: What are they good for? The peace movement needs Kucinich, with or without Congress Ron Paul, "Progressive" for who? Do We Approve of Murder Based on Political Party? Pollsters Don't Want You to Know The State of Obama's 2008 Promises The election we should be following Booing the Golden Rule Six Problems with New Hampshire Elections The hollow democracy Read Election Issues Articles by Year: |
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