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http://www.alternet.org/election04/19432/

 

Rage against the Machines

By Ronnie Dugger, The Nation

 

Posted on August 4, 2004,

http://www.alternet.org/story/19432/

 

On November 2 millions of Americans will cast their

votes for president in computerized voting systems

that can be rigged by corporate or local-election

insiders. Some 98 million citizens, five out of every

six of the roughly 115 million who will go to the

polls, will consign their votes into computers that

unidentified computer programmers, working in the main

for four private corporations and the officials of

10,500 election jurisdictions, could program to

invisibly falsify the outcomes.

 

The result could be the failure of an American

presidential election and its collapse into

suspicions, accusations and a civic fury that will

make Florida 2000 seem like a family spat in the

kitchen. Robert Reich, Bill Clinton's Labor Secretary,

has written, " Automated voting machines will be easily

rigged, with no paper trails to document abuses. "

Senator John Kerry told Florida Democrats last March,

" I don't think we ought to have any vote cast in

America that cannot be traced and properly recounted. "

Pointing out in a recent speech at the NAACP

convention that " a million African-Americans were

disenfranchised in the last election, " Kerry says his

campaign is readying 2,000 lawyers to " challenge any

place in America where you cannot trace the vote and

count the votes " [see Greg Palast, " Vanishing Votes, "

May 17].

 

The potential for fraud and error is daunting. About

61 million of the votes in November, more than half

the total, will be counted in the computers of one

company, the privately held Election Systems and

Software (ES & S) of Omaha, Nebraska. Altogether, nearly

100 million votes will be counted in computers

provided and programmed by ES & S and three other

private corporations: British-owned Sequoia Voting

Systems of Oakland, California, whose touch-screen

voting equipment was rejected as insecure against

fraud by New York City in the 1990s; the

Republican-identified company Diebold Election Systems

of McKinney, Texas, whose machines malfunctioned this

year in a California election; and Hart InterCivic of

Austin, one of whose principal investors is Tom Hicks,

who helped make George W. Bush a millionaire.

 

About a third of the votes, 36 million, will be

tabulated completely inside the new paperless,

direct-recording-electronic (DRE) voting systems, on

which you vote directly on a touch-screen. Unlike

receipted transactions at the neighborhood ATM,

however, you get no paper record of your vote. Since,

as a government expert says, " the ballot is embedded

in the voting equipment, " there is no voter-marked

paper ballot to be counted or recounted. Voting on the

DRE, you never know, despite what the touch-screen

says, whether the computer is counting your vote as

you think you are casting it or, either by error or

fraud, it is giving it to another candidate. No one

can tell what a computer does inside itself by looking

at it; an election official " can't watch the bits

inside, " says Dr. Peter Neumann, the principal

scientist at the Computer Science Laboratory of SRI

International and a world authority on computer-based

risks.

 

The four major election corporations count votes with

voting-system source codes. These are kept strictly

secret by contract with the local jurisdictions and

states using the machines. That secrecy makes it next

to impossible for a candidate to examine the source

code used to tabulate his or her own contest. In

computer jargon a " trapdoor " is an opening in the code

through which the program can be corrupted. David

Stutsman, an Indiana lawyer whose suits in the 1980s

exposed a trapdoor that was being used by the nation's

largest election company at that time, puts it well:

" The secrecy of the ballot has been turned into the

secrecy of the vote count. "

 

According to Dr. David Dill, professor of computer

science at Stanford, all elections conducted on DREs

" are open to question. " Challenging those who belittle

the danger of fraud, Dill says that with trillions of

dollars at stake in the battle for control of Congress

and the presidency, potential attackers who might seek

to fix elections include " hackers, candidates,

zealots, foreign governments and criminal

organizations, " and " local officials can't stop it. "

 

Last fall during a public talk on " The Voting Machine

War " for advanced computer-science students at

Stanford, Dill asked, " Why am I always being asked to

prove these systems aren't secure? The burden of proof

ought to be on the vendor. You ask about the hardware.

'Secret.' The software? 'Secret.' What's the

cryptography? 'Can't tell you because that'll

compromise the secrecy of the machines.'... Federal

testing procedures? 'Secret'! Results of the tests?

'Secret'! Basically we are required to have blind

faith. "

 

The integrity of the vote-counting inside DREs depends

on audit logs and reports they print out, but as

Neumann says, these are " not real audit trails "

because they are themselves riggable. The DREs

randomly store three to seven complete sets of alleged

duplicates of each voter's ballot, and sets of these

images can be printed out after the election and

manually counted. The companies claim that satisfies

the requirement in the 2002 Help America Vote Act

(HAVA) that " a manual audit capacity " must be

available. But as informed computer scientists

unanimously agree, if the first set of ballot images

is corrupted, they all are. I asked Robert Boram, the

chief engineer who invented a DRE sold by the RF Shoup

voting-systems company, if he could rig his DRE's

three sets of ballot images. " Give me a month, " he

replied.

 

The United States therefore faces the likelihood that

about three out of ten of the votes in the national

election this November will be unverifiable,

unauditable and unrecountable. The private election

companies and local and state election officials, when

required to carry out recounts of elections conducted

inside the DREs, will order the computers to spit out

second printouts of the vote totals and the computers'

wholly electronic, fakable " audit trail. " The

companies and most of the election officials will then

tell the voters that the second printouts are

" recounts " that prove the vote-counting was " 100

percent accurate, " even though a second printout is

not a recount.

 

HAVA was supposed to solve election problems revealed

in 2000; instead, it has made the situation worse.

Under the act the Election Assistance Commission

(EAC), appointed by President Bush, is supposed to set

standards for the vote-counting process, but four

months before the election the new agency had only

seven full-time staff members. On June 17 the EAC sent

$861 million to twenty-five states, mainly to buy

computerized machines for which no new technical

standards have been set. Its just-appointed

fifteen-member technical standards committee does not

include more than one leading critic of computerized

vote-counting.

 

Rather than completely testing the vote-counting

codes, there is some secretive testing of systems by

three private companies that are chosen by the

pro-voting-business National Association of State

Election Directors. The companies consult obsolete

pro-company and completely voluntary standards

promulgated by the Federal Election Commission and get

paid by the very companies whose equipment is being

tested. The three private companies, speciously called

Independent Testing Authorities, together constitute a

Potemkin village to falsely assure the states and the

voters of the security of the systems. Often their

work is misrepresented as " federal testing. " The

states then test and " certify " the systems, and the

local jurisdictions put on dog-and-pony-show " logic

and accuracy tests, " which are not capable of

discovering hidden codes that would change vote

totals.

 

" The system is much more out of control than anyone

here may be willing to admit, " Dr. Michael Shamos, a

computer scientist at Carnegie-Mellon University and

for many years an examiner of voting machines for

Texas and Pennsylvania, told a House panel on June 24.

" There's virtually no control over how software enters

a voting machine. " Shamos told another House panel on

July 20, " There are no adequate standards for voting

machines, nor any effective testing protocols. "

 

Hackable computer codes control vote-counting in all

three kinds of computerized systems that will be used

again in the 2004 elections: the ballotless DREs, on

which some 36 million will vote; optical-scan systems

that electronically tally paper ballots marked by the

voters, on which 40 million people will vote; and

punch-card ballots, also tabulated by computerized

card-readers, which gained notoriety in 2000 and are

still used by 22 million voters. (Another 16 million

still vote on the old lever machines, about a million

on hand-counted paper ballots.)

 

Florida 2000 was universally misunderstood and

mischaracterized in the press as a crisis of hanging

chads on the punch-card ballots. The serious issue,

then as now, was embodied in the explicit though all

but unreported position that James Baker, George W.

Bush's field commander in Florida, staked out to stop

the recounting of votes. The computerized

vote-counting systems, Baker declared, are " precision

machinery " that both count and recount votes more

accurately than people do. Now, with Senator Kerry

demanding recountability, an ominously intensifying

partisan split has developed in Washington over

whether to have a voter-verified paper trail and, when

necessary, to conduct recounts with it.

 

Torment in Washington

 

Though no broad citizens' movement has formed against

computerized vote-counting, a nationwide backlash

against unverifiable paperless voting has. The paper

ballots used in the op-scan and punch-card systems

already provide a voter-verified paper audit trail

(VVPAT). The principal proposed security safeguard for

the DRE system was invented, but not patented, ten

years ago by computer scientist Rebecca Mercuri, now a

research fellow at Harvard. In her solution, after

voters record their choices on the touch-screen, they

confirm them on a paper ballot that appears under

glass and then push a button to cast the vote, causing

the machine to deposit the paper ballot in a box that

will hold it for recounting if that is ordered. The

printer for the paper ballots for each voting machine

should cost about $50; the total add-on could be

$300-$600. Many jurisdictions also have the

alternative of expanding or acquiring the relatively

inexpensive optical-scan systems or other systems

already in place that create paper trails.

 

In the US Senate seven Democrats and the one

Independent are co-sponsoring a bill by Senators Bob

Graham and Hillary Clinton to require paper trails on

DREs by November, with a loophole for jurisdictions

whose officials deem it to be technologically

impossible. Clinton told the press that without a

voter-verified paper trail GOP-leaning corporations

might program voting machines to help Republicans

steal elections [see sidebar, page 16]. In an

interview in his hideaway office in the Capitol,

Graham told me that he regards his and Clinton's bill

as so obviously needed that it's " a no-brainer. " The

absence of a paper trail on the DREs could endanger

" the legitimacy " of November's election, Graham said.

 

New Jersey Democrat Rush Holt introduced a House bill

more than a year ago requiring a paper trail on DREs.

It has 149 co-sponsors, including a few prominent

Republicans. Holt says, " The verification has to be

something that the voter herself or himself has to

do " ; without that, " we will never have a truly secure

election. " Holt's bill has opened up a partisan divide

in the House. The chairman of the committee to which

his bill is assigned, Ohio Republican Bob Ney,

informed Holt that he is against the bill and would

not allow a hearing on it. A few days later Graham and

Holt wrote their fellow members of Congress that

" without an independent, voter-verified paper trail,

we will be able only to guess whether votes are

accurately counted. " Last month Ney relented and

scheduled two hearings. Holt plans to offer his bill

as an amendment to the Treasury appropriation after

Congress returns from its August recess. Graham is

still mulling his strategy.

 

The principal stated objection to a DRE paper trail

comes from some spokespersons for the disabled, who

characterize it as a step back from the touch-screen's

improved accessibility and privacy. Many election

officials, whose work paper ballots make both

auditable and much more extensive, object variously

that the attachment will add costs, that the printers

might fail and that paper ballots can be stolen or

counterfeited and sometimes produce somewhat different

totals.

 

Leading citizen organizations have been split.

Initially the League of Women Voters, concerned to

minimize invalidly cast ballots, opposed the paper

trail, but there was a revolt in the chapters and a

petition for the paper trail was signed by 800

members. At the league's June convention, after a

fight led by Barbara Simons, past president of the

Association of Computer Machinery, the league switched

sides, endorsing voting systems that are

" recountable. " Common Cause, placing the highest value

on insuring that every vote is counted and can be

recounted if necessary, has been among the leaders of

the fight for the paper trail.

 

Around the States

 

Not surprisingly, the starkest resistance to the

voter-verified paper trail comes from Florida, where

more than half the citizens will have to vote on

touch-screen systems in November. The President's

brother, Governor Jeb Bush, and Jeb's Secretary of

State, Glenda Hood, express unqualified confidence in

the trustworthiness of the DRE systems and militantly

oppose providing a paper-ballot trail for them. Hood

has denied that the electronic voting machines can be

tampered with in the software, saying: " The

touch-screen machines are not computers. You'd have to

go machine by machine, all over the state. " A

spokeswoman for her says flatly that " a manual recount

is unnecessary. "

 

This past spring a powerful state senator proposed to

make it illegal to recount votes in the DRE systems,

but she backed down when called on it by activists.

Then Ed Kast, director of Hood's division of

elections, who has since resigned, sought to achieve

the same purpose by diktat, issuing a formal ruling

that, despite the extant state law requiring recounts

under certain circumstances, supervisors of elections

do not need to recount DRE ballots. The ACLU and other

groups have sued to invalidate that ruling; a

spokesperson for the state Republican Party excoriates

the suit as a left-wingers' " ploy to undermine voters'

confidence. "

 

Representative Robert Wexler, a Democrat from the

southern tier of the three big counties on the

Atlantic, which for election scandals is to Florida

what Cook County is to Illinois, sued state and county

election officials in state and federal court to

require the VVPAT on DREs. He argues that allowing

some voters to have manual recounts but not others

violates the Supreme Court decision in Bush v. Gore

compelling equal treatment of voters (although the

majority specified it was only for that election). To

date his suits, opposed at every step by the Bush

Administration in Tallahassee, have gotten nowhere. If

he loses, half the voters in Florida, those voting on

DREs, will be denied the manual recounts that the

other half can have.

 

The Bush forces in Florida geared up for another purge

of released felons from the voter rolls. Ion Sancho,

supervisor of elections for Leon County, admits with

shame that the state's felon purge in 2000 resulted in

more than 50,000 legal voters being disenfranchised.

The state elections division identified 47,000 more

suspected felons, a list disproportionately heavy with

blacks, and asked that local election supervisors

purge them. The Bush people refused to make the list

public, but were ordered to do so by a judge. Only

then was it discovered that the list excluded felons

who are Hispanic. In Florida Hispanics tend to vote

Republican. This dandy error was " absolutely

unintentional, " the Bush people said – while

abandoning the then indefensible list. Miami Herald

columnist Jim Defede wrote that Hood – an " amazing

incompetent or the leader of a frightening conspiracy "

– must resign.

 

" What are we going to do if there's a close race? "

Wexler asked in the Orlando Sentinel. " The voting

records of these machines will have disappeared in

cyberspace. " He told me angrily: " Apparently their

motives are to suppress the vote in Florida in a

number of different ways. They are refusing a paper

trail on a computerized voting machine. They are again

preparing on the felons – they've got a new and

improved process. I don't trust 'em to do the right

thing. " This summer, Representative Alcee Hastings,

whose district includes Fort Lauderdale and West Palm

Beach, exclaimed, " Any way we cut it, these people are

going to try to steal this election. "

 

The Miami-Dade Reform Coalition asked Jeb Bush to

audit the touch-screen machines this summer. Bush's

spokesperson rebuffed that as " an accusation du jour. "

Undeterred, Democratic US Senator Bill Nelson of

Florida demanded, " Why not do an audit when so much is

at stake?... The national election for President could

ride on the results coming out of Florida. " Senator

Nelson even sent a letter to Attorney General John

Ashcroft asking that the federal government audit the

machines.

 

This past spring in California, Diebold systems

malfunctioned in two counties, disenfranchising

thousands of voters. Secretary of State Kevin Shelley

discovered that the voting systems in seventeen

counties in the state had not been certified, as

required by law. After two days of tumultuous hearings

in Sacramento, during which high-level election

officials called the company's behavior " despicable "

and accused its officials of lying, Shelley prohibited

the use of Diebold's systems in four counties, the

first time this has happened in the United States.

Shelley, who has said to the Los Angeles Times that he

doesn't want to be " the Katherine Harris of the West

Coast, " also made the certification of voting systems

in ten more counties dependent on their adoption of

twenty-three security improvements that he specified.

One of these requires those counties to let citizens

vote on paper if they want to, but Shelley flinched at

requiring a DRE paper trail this year. Four counties

and advocates of the disabled sued Shelley to block

his actions, but a federal judge ruled he had the

authority and had used it reasonably.

 

Two secretaries of state, Republicans Dean Heller in

Nevada and Matt Blunt in Missouri, have required that

DREs in their states have a voter-verified paper

ballot for the November election. Sequoia is producing

the Mercuri VVPAT on demand for Nevada, and several

small election companies, including Avante and

AccuPoll, have built Mercuri attachments, won their

certification and are ready to sell them to local

jurisdictions now. Among the thirty-one other states

with DRE voting systems in some of their

jurisdictions, as of early summer legislatures in five

had rejected requiring the paper trail, another nine

were considering such a requirement and seventeen had

no such proposal before them.

 

In swing-state Ohio, under procedures approved by

Republican Secretary of State Kenneth Blackwell,

thirty-one counties decided they would not use

paperless DREs in November, and three said they would.

Blackwell then ruled that because of unsolved security

problems, none of them will. In Maryland, which

imposed Diebold DREs statewide in 2002, the Board of

Elections ruled that paper ballots cast in the March

primary by citizens who did not want to vote on the

DREs would not be counted. That's now in the courts.

The Campaign for Verifiable Voting presented 13,000

signatures for a paper trail and called for the

resignation of the state elections chief, Linda

Lamone, who, sitting tight, said, " I think everything

is going to be just fine. " In Texas, Representative

Ciro Rodriguez, chair of the Congressional Hispanic

Caucus, was renominated by 150 votes until 419 " found

votes " made challenger Henry Cuellar the winner.

Rodriguez is contesting the outcome, but since the

voting in Bexar County (San Antonio) was conducted on

DREs, the votes there can't be recounted. " There's no

paper trail to verify what was put in, " Cuellar said.

 

A paper trail will not assure that elections won't be

stolen in the DREs. " The only thing the VVPAT will do

is give us the ability to prove that it happened, "

says Roxanne Jekot of Cumming, Georgia, a self-taught

computer specialist who has become one of the most

effective activists against paperless computerized

voting. " There is nothing to deter that single

outsourced information-technology worker [from

manipulating the machine]. Nobody can prove that he

did it. "

 

Many states require recounts if an outcome in a

computer-counted race is within a margin of less than

1 percent or a half or quarter percent, but that

invites crooked programmers, if any such be at work,

to jimmy their rigged outcomes to fall outside the

recount-triggering spreads.

 

Furthermore, a paper trail isn't an audit unless the

ballots are recounted. Even before the advent of

touch-screen systems, obtaining actual recounts of

elections was becoming more difficult. Election

officials, election companies and state laws have

often combined to block recounts or discourage

narrowly losing candidates from getting them.

Incredibly, in 2002 the legislature in Nebraska, the

home state of Election Systems & Software, outlawed

recounts of the paper ballots in the ES & S optical-scan

computerized ballot-counting systems that tally 85

percent or so of the votes in that state. Colorado

requires that for elections conducted on DRE machines,

recounts must be conducted on the very same machines.

 

In Alabama two years ago, during a controversy over an

election for governor conducted mostly on op-scan

machines, Attorney General Bill Pryor, backing up the

sheriff in one questioned county, ruled officially

that under state law anyone recounting the ballots

would be subject to arrest. This year President Bush,

circumventing Senate hearings, elevated Pryor to the

Eleventh Circuit Court of Appeals in a recess

appointment.

 

'It's Really a Matter of Trust'

 

Confident, friendly, but officious, Jesse Durazo, the

registrar of voters of Santa Clara County in the heart

of the Silicon Valley, is typical of hundreds of local

election officials who berate " the academics. " This

past spring, despite dire warnings from Professors

Neumann of SRI and Dill of Stanford, Durazo led his

county into buying 5,500 of the Sequoia AVC Edge DREs

at $3,000 each ($20 million, figuring in everything).

The anteroom of his county election headquarters is

festooned with cheery signs such as one saying Voting

Just Got Easier. He is delighted that DREs will

facilitate voting by those who speak a foreign

language (including Spanish, Vietnamese and Chinese).

 

Durazo said that the AVC had first been approved by

the federal government (which is not correct) and then

certified by the California secretary of state. He

said that providing a voter-verified ballot would open

the way to " unlimited error, " while computer error, in

contrast, can be " quantified. " As for Trojan horses

smuggling in corrupt instructions, he said in a

confident tone, " I don't have those fears. " Stealing

votes in the computers is next to impossible, he

insisted, because local ballots are set up at the last

minute, there are a large number of races and ballot

initiatives in any one election, and the order of the

candidates' positions on the ballots is rotated in

different precincts.

 

The three sets of all the votes, kept in the computer,

provide the recount, he said. Are those not just

copies of each other, automatically made? Durazo

exclaimed in high dudgeon: " It's a redundant

perfection!... It starts with the premise that the

information in the system is correct. "

 

Alfred Gonzales, Durazo's Filipino outreach specialist

for voters who speak Tagalog, demonstrated the AVC, a

sign on the top of which said Try It Out Today. No

More Punchcards! I voted on it and asked Gonzales how

I knew for sure that my vote would be counted.

" Because it will be registered in the machine, saved

in the hard drive, and put on a cartridge, " he said.

" At the end of the day it will be in the printout of

the total. " How did he know the machine would do that?

" Because it has been federally certified! " he said.

" There is fool-proof security. " Well, one more thing,

I asked. There's no ballot – what if you need a

recount? " It's really a matter of trusting the

machine, " Gonzales said. Patting the AVC gently, he

intoned with pride, " It's really a matter of trust. "

 

" These companies are basically saying 'trust us,' "

Rebecca Mercuri told the New York Times. " Why should

anybody trust them? That's not the way democracy is

supposed to work. " Douglas Kellner, a leader on the

New York City Board of Elections, exclaimed at a

meeting of computer specialists in Berkeley this past

spring, " I think the word 'trust' ought to be banned

from election administration! " Dr. Avi Rubin, computer

science professor and technical director of the

Information Security Institute at Johns Hopkins

University, recently testified before the federal

Election Assistance Commission, " The vendors, and many

election officials, such as those in Maryland and

Georgia, continue to insist that the machines are

perfectly secure. I cannot fathom the basis for their

claims. I do not know of a single computer security

expert who would testify that these machines are

secure. "

 

Mercuri wrote in her dissertation on vote-counting in

2001 that " security flaws (such as Trojan horse

attacks)...are possible in all of the computer-based

voting systems " and that providing thorough

examinations of source code and other circuits for

DREs that vary from municipality to municipality " is a

Herculean task – one that is likely not to be

affordable, even if it were accomplishable. "

 

Not all the scientists agree. Michael Shamos of

Carnegie-Mellon, who once warned that computerized

vote-counting is highly vulnerable to fraud, now takes

the position that " the issue is not whether voting

systems are absolutely secure, but whether they

present barriers sufficiently formidable to give us

confidence in the integrity of our elections. "

 

Voting Machines Stolen in Georgia

 

In 2000 five out of six Georgians cast a paper ballot

that could be recounted on ES & S systems. In January

2001, in a speech to the Democratic-controlled

legislature, Georgia Secretary of State Cathy Cox, a

Democrat who is expected to run for governor in 2006,

declared that considering all the recent problems down

in Florida, Georgia should adopt one " uniform

electronic voting system by November 2004. " Upon Cox's

fervent recommendation of the just-born Diebold

Election Systems, in May 2002 Georgia agreed to pay

Diebold $54 million for 19,000 DRE voting systems. The

counties and cities of Georgia had chosen their own

voting machines for the last time, and, less

obviously, Georgians had lost their ability to recount

their votes in contested elections.

 

At once Diebold set to manufacturing 282 of its

AccuVote TS voting systems a day. Some of the earliest

ones arriving in Georgia, sent out for use in the

training of election workers, were left in a hotel

conference room overnight, stolen and never recovered.

Late that June the secret vote-counting codes inside

nine to fourteen more of the Diebold machines were

stolen. Diebold made an uncounted number of apparently

illegal changes in the election-conducting code

between June and November. The memory cards on which

the votes on each of the computers were recorded on

election day all over Georgia had no encryption.

According to Rob Behler, who served as Diebold's

production deployment manager in Georgia during the

first half of that summer, those cards could be used

to change the results manually, precinct by precinct.

 

Incumbent US Senator Max Cleland and incumbent

Governor Roy Barnes, both Democrats, were odds-on

favorites to win re-election. A week before the voting

an Atlanta Journal-Constitution poll showed Cleland

ahead by five points, 49-44, but on election day he

lost to his Republican opponent, Saxby Chambliss, by

seven points, 53-46, a twelve-point swing. The loss of

Governor Barnes to Sonny Perdue was even more

remarkable: a one-week switch of fourteen percentage

points. These were suspicious anomalies, and

subsequently in a Peach State Poll one in eight

Georgia voters were " not very confident " or " not at

all confident " that the DREs had produced accurate

results; another 32 percent were only " somewhat

confident. "

 

In his front parlor at home in Georgia, Rob Behler

told me that just before or just as he took over the

Atlanta warehouse for Diebold, some of the voting

machines had been sent out to " do demos, " and in one

southern county " somebody broke in and stole...[nine

or] fourteen of the machines and, I think, one of the

servers. " He says the vote-counting programs in the

stolen computers could have been completely

reconstructed by reverse engineering and employed to

jimmy the election.

 

" Quality-checking " the AccuVote machines as they

arrived from Diebold at a warehouse in Atlanta, Behler

and his crew found problems, he says, with " every

single one " of them and about a fifth of them were

shoved aside as unusable. When Diebold's programmers

wanted " patches, " that is, changes, inserted into the

voting-system software, Behler says, they sent them to

him via the company's open, insecure File Transfer

Protocol (FTP) site in cyberspace. On his own

unsecured laptop (resting on his desk as he spoke),

Behler made twenty-two or twenty-three of the cards

that were used to change the programs in the machines.

 

The night of the November 2002 election, sixty-seven

of the memory cards used in Fulton County (Atlanta)

disappeared. Running his laptop with a dual battery,

Behler says, in six or seven hours he could have

changed the totals on those sixty-seven cards.

" There's no technical problem. There was absolutely

zero protection on the card itself. You throw the card

in, you just drill down into its files. "

 

Brit Williams, a computer consultant at Kennesaw State

University who runs Georgia's testing of voting

systems, confirmed to me that the memory cards were

not encrypted and all had the same password (1111),

but each one, he contended, was " unique to its

machine. " He snapped, " We had 22,000 voting stations.

How would you like to be in charge of 22,000

passwords? " Williams said the sixty-seven missing

memory cards in Atlanta had been left in the machines

by forgetful workers and were recovered.

 

The Georgia election of 2002 illustrates how serious

risks of technical malfunctions and malicious

tampering can occur without anyone outside the voting

business finding out about them. No doubt in part

because of the hasty start-up, Diebold's " security, "

though approved by the independent testing authorities

and the state, was in fact farcical. Both of the

losing Democrats had backed installation of the DRE

systems statewide, so they could hardly call for

recounts that their own state party had made literally

impossible.

 

The Kids Prick Open a Scandal

 

Some kids who are " really interested in computers "

were playing around last year, spidering through the

links on various websites, when they discovered that

Diebold had an unsecured FTP site (the same one Behler

had used). One of the boys noted the fact on his

website. Some other material on that site – not the

stuff about Diebold – attracted a lot of hits, and

that automatically led Google, the cyberspace search

engine, to position it among the early-listed sites

for many searches. One day Bev Harris, a literary

publicist in Washington who was doing research for a

book on vote-counting in computers, fed Google the

right search words and the FTP site itself popped up.

Knowing little about computers, she turned to David

Allen, who was publishing her book, and he recognized

the openly posted source codes and much other data

concerning Diebold voting machines.

 

A small group of activists in Georgia worked with

Harris. One of them, Roxanne Jekot, who runs a

software consulting firm, analyzed " almost every line "

of the Diebold source code and found many ways to

change vote totals there and also in the Microsoft

operating code. " The software is totally junk, " she

says. " They sold vaporware. " Determined to get peer

review of what she was finding, Jekot approached David

Dill, the Stanford computer science professor.

 

" Both Roxanne and Bev were very courageous and

determined to lift the veil of secrecy on the code, "

Dill says. " I think most academics would be much more

cautious, especially about publishing the fact that

they looked at the code. I certainly was, and I wasn't

about to get other people in trouble by asking them to

help me. A number of us would be inclined to talk to

lawyers before doing anything too bold. So it made a

huge difference that Bev posted the code in New

Zealand for everyone to download. That reduced but

didn't eliminate the legal risks of the Johns

Hopkins/Rice University people looking at the code. If

Bev and whoever else was involved in releasing this

code had not been so brave, people [with strong

professional reputations] might not have been able to

speak out so freely. "

 

After some agreements on a division of roles, Avi

Rubin of Johns Hopkins and three other scientists

produced a devastating twenty-three-page exposure of

the Diebold software. That was followed by two more

damaging technical studies in Ohio. Then a " Red Team "

exercise to break the Diebold code was staged at RABA

Technologies' headquarters in Maryland. Four of the

eight computer scientists on the team had worked at

the National Security Agency, and the team director

had been the senior technical director for the NSA.

The team concluded, " A voter can be deceived into

thinking he is voting for one candidate when, in fact,

the software is recording the vote for another

candidate. " A security vulnerability " allows a remote

attacker to get complete control of the machine. " And

one can " automatically upload malicious software " that

will " modify or delete elections. " Some kids sniffing

around in cyberspace had led, step by step, to the

dawning national realization that computerized

vote-counting puts democracy in grave danger.

 

What You Can Do

 

Public interest groups are mobilizing to head off

another Florida. Petitions calling for a paper trail

for DREs have attracted something approaching half a

million signatures. Lou Dobbs's quick poll on CNN on

" paper receipts of electronic votes " was running 5,735

to 85 for them on July 20. Greg Palast and Martin

Luther King III have more than 80,000 signatures on

their petition against paperless touch-screens and the

purging of voter rolls. Global Exchange, the San

Francisco-based organization, is inviting twenty-eight

nonpartisan foreign observers to monitor the US

election. Eleven members of Congress asked Kofi Annan

to send UN monitors. Cindy Cohn of the Electronic

Frontier Foundation is organizing attorneys for

litigation against paperless electronic voting.

 

In mid-June the California secretary of state approved

the nation's first set of standards for a verified

paper trail for touch-screen machines. A recent

" Voting, Vote Capture and Vote Counting " symposium at

Harvard's Kennedy School of Government has produced an

" Annotated Best Practices, " available at

www.ljean.comABPractices.pdf. On June 29 the

Leadership Conference on Civil Rights and the Brennan

Center for Justice, with the endorsement of Common

Cause, the NAACP, People for the American Way and most

of the leading scientific critics of paperless

touch-screen voting, sent the nation's local election

officials a " call for new security measures for

electronic voting machines, " including local retention

of independent security experts; the full report is

available at

civilrights.org/issues/voting/lccr_brennan_report.pdf.

 

Douglas Kellner, the New York City election expert,

believes the best practical remedy for the dangers of

computerized vote-counting is voting on optical-scan

systems, posting the election results in the precincts

and keeping the ballots with the machines in which

they were counted. In all computerized vote-counting

situations the precinct results should be publicly

distributed and posted in the precincts before they

are transmitted to the center for final counting,

Kellner says. Once they are sent from the precinct the

audit trail is lost.

 

Citizens can stay current on election developments via

several websites: electionline.org, a reliable and

up-to-date source; VerifiedVoting.org, Dill's group;

notablesoftware.com, Mercuri's site;

blackboxvoting.org, Bev Harris's site;

countthevote.org, the site of the Georgia group led by

Jekot; and these will key into many others. For a

steady flow of news stories on this subject (and a few

others) from around the country, get on the e-mail

list of resist. Official information

concerning each state is available online at each

state's website for its secretary of state.

 

People should go down to their local election

departments and ask their supervisor of elections how

they are going to know that their votes are counted –

and refuse to take " Trust us, " or " Trust the

machines, " for an answer. They can be poll watchers.

Many organizations are fostering poll watching,

including People for the American Way's Election

Protection 2004 project. Common Cause " has made

election monitoring a major project, " a spokesperson

says. VerifiedVoting.org is concentrating on having

people watch election technology, including

pre-election testing as well as the procedures on

election day. Bev Harris is organizing people to do

such work.

 

Rebecca Mercuri says that if you believe an election

has been corrupted through voting equipment, you

should collect affidavits from voters; get the results

from every voting machine for all precincts; get the

names and titles of everyone involved; inventory the

equipment, including the software, and try to have it

impounded; demand a recount; and go to the press.

Noting that all counties that have rushed to purchase

DRE voting systems also have paper-ballot systems in

place to handle absentee voters, motor-voters and

emergency ballots for when the system breaks down, she

suggests mothballing the DREs and using paper ballots.

" Counties are saying there's nothing they can do but

use the DREs in November, and that is simply untrue, "

Mercuri declares.

 

Much of this would be unnecessary if Congress enacted

either the Graham-Clinton or the Holt bill, which

would empower voters to verify their own votes and

create a paper trail.

 

The computerized voting companies have precipitated a

crisis for the integrity of democracy. Three months to

go.

© 2004 Independent Media Institute. All rights

reserved.

View this story online at: http://www.alternet.org/story/19432/

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