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ES&S Diebold Purchase: Tip of a Toxic Iceberg
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ES&S Diebold Purchase: Tip of a Toxic Iceberg

by Bob Fitrakis and Harvey Wasserman 9/25/2009 12:12:00 PM
The ES&S purchase of Diebold's voting machine operation is merely the tip of a toxic iceberg...

By Bob Fitrakis and Harvey Wasserman / The Rag Blog / September 24, 2009

Unless U.S. Attorney General Eric Holder intervenes, your electronic vote in 2010 will probably be owned by the Republican-connected ES&S Corporation. With 80% ownership of America's electronic voting machines, ES&S could have the power to shape America's future with a few proprietary keystrokes.

ES&S has just purchased the voting machine division of the Ohio-based Diebold, whose role in fixing the 2004 presidential election for George W. Bush is infamous.

Critics of the merger hope Holder will rescind the purchase on anti-trust grounds.

But only a transparent system totally based on hand-counted paper ballots, with universal automatic voter registration, can get us even remotely close to a reliable vote count in the future.

For even if Holder does void this purchase, ES&S and Diebold in tandem will still control four of every five votes cast on touchscreen machines. As the U.S. Supreme Court seems poised to open the floodgates on corporate campaign spending, the only difference could be that those who would buy our elections will have to write two checks instead of one.

And in fact, it's even worse than that. ES&S, Diebold and a tiny handful of sibling Republican voting equipment and computing companies control not only the touchscreen machines, but also the electronic tabulators that count millions of scantron ballots, AND the electronic polling books that decide who gets to vote and who doesn't.

Let's do a quick review:

  1. ES&S, Diebold and other companies tied to election hardware and software are owned and operated by a handful of very wealthy conservatives, or right-to-life ideologues, with long-standing direct ties to the Republican Party;
  2. As votes will be increasingly cast on optiscans, touchscreens or computer voting machines in the United States in 2010, the scant few so-called paper trail mechanisms that are in place will offer little security against electronic vote theft;
  3. The source code on all U.S. touchscreen machines now used for the casting and counting of ballots is proprietary, meaning the companies that own and operate the machines -- including ES&S -- are not required to share with the public the details of how those machines actually work;
  4. Although there are official mechanisms for monitoring and recounts, none carry any real weight in the face of the public's inability to gain control or even access to this electronic source code, whose proprietary standing has been upheld by the courts;
  5. With the newly merged ES&S/Diebold now apparently controlling 80% of the national vote through hardware and software, this GOP-connected corporation will have the power to alter virtually every election in the U.S. with a few keystrokes. Unless there is a massive, successful grassroots campaign between now and 2012, the same will hold true for the next US presidential election;
  6. Aside from its control of touchscreen machines, the merged Diebold/ES&S also controls a significant percent of the electronic optiscan tabulators to count cards on which voters use pencils to fill in circles, indicating their vote. Accounts of fraud, rigging, theft and abuse of these optiscan systems arewell-documented and innumerable. Any corporation that prints these ballots and runs the machines designated to count them can control yet another major piece of the US vote count;
  7. The merged ES&S/Diebold now also controls the electronic voter registration systems in many counties and states. With that control comes the ability to remove registered voters without significant public accountability. In the 2004 election, nearly 25% of all the registered voters in the Democratic-rich city of Cleveland were purged, including 10,000 voters erased "accidentally" by a Diebold electronic pollbook system. So in addition to controlling the vote counts on touchscreen and optiscan voting machines, the merged Diebold/ES&S and sympathetic hardware and software companies that service computerized voting equipment will control who actually gets to cast a vote in the first place.
Lest we forget: in 2000, long before this ES&S/Diebold purchase was proposed, Choicepoint, a GOP-controlled data management firm, hired by Florida’s Republican Secretary of State Katherine Harris, removed up to 150,000 Florida citizens from voter rolls on the pretense that they were ex-felons. The vast majority of them were not.

Computer software "disappeared" 16,000 votes from Al Gore's column at a critical moment on election night, allowing George W. Bush’s first cousin John Ellis, a Fox News analyst, to proclaim him the winner. The election was officially decided by less than 700 votes and a 5-4 Supreme Court vote preventing a full recount. An independent audit later showed Gore was the rightful winner.

In 2004, more than 300,000 Ohio citizens were removed from voter rolls by GOP-controlled county election boards (more than one million have been removed since).

Various dirty tricks prevented still tens of thousands more Ohioans from voting. The vote count was marred by a wide range of official manipulations coordinated by then-Ohio Secretary of State J. Kenneth Blackwell.

Diebold was a major player in the 2004 Ohio elections, but was joined by numerous other computer voting firms and their technicians in "recounting the vote" which confirmed the Bush "victory," despite exit poll results and other evidence to the contrary. In defiance of a federal court order, 56 of 88 Ohio counties destroyed some or all of their ballots or election records. No one has been prosecuted.

In short, the ES&S purchase of Diebold's voting machine operation is merely the tip of a toxic iceberg. Voiding the merger will do nothing to solve the REAL problem, which is an electronic-based system of voter registration and ballot counting that is potentially controlled by private corporations and contractors whose agenda is to make large profits and protect the system that guarantees them.

Although elections based on universal automatic registration and hand-counted paper ballots are not foolproof, they constitute a start. Stealing an election by stuffing paper ballot boxes at the "retail" level is far more difficult than stealing votes at the "wholesale" level with an electronic flip of a switch.

As it's done in numerous other countries throughout the world, the only realistic means by which the U.S. can establish a democratic system of ballot casting and counting is to do it the old-fashioned way. With human-scale checks and balances we might even be secure in the knowledge that our elections and vote counts will truly reflect the will of the people. What a concept!

[Bob Fitrakis and Harvey Wasserman have co-authored four books on election protection, available at freepress.org at, where this article also appears, and where Bob's Fitrakis Files are also available. Harvey Wasserman's History of the U.S. is at harveywasserman.com.]
 

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Comments

10/7/2009 11:56:25 AM

Casey Reed

Hello,

I have an intrinsic and participatory interest in this discussion and
outcome as a voter and one of the plaintiffs in a lawsuit that ended with
New Mexico using paper ballots.

I am also a presiding judge and have presided over four elections. There
are two social groups operating simultaneously with divergent processes
and goals.

One group is the voting public who casts their ballot and trusts the
second group to tell them who one. No middle steps, no accountability, and
the secrete ballot usurps any further knowledge of the vote cast, as far
as the voter is concerned. This is contrary to the Constitutional link
between the voter and the government. The only link to democracy is the
election and people are removed from the process.

Today's electronic scanner transfers the data to a memory card that is
taken to a central tabulator where all the precinct's memory cards in a
county are tabulated. If there is a problem with audits of memory cards
from a scanner's counts on poll tapes there could be a recount, but if
there is a problem that is less than 2% of the total counted for the
county a county recount is not done. Most elections are closer than 2%, so
a recount wouldn't have happened if the audit statistical projection is
less than that 2% recount trigger. If there is a recount, it costs
millions of dollars.

I don't think this is reliable or in compliance with the Constitutional
powers given to the people. If we have a paper ballot with all the races
on it that is fed to the scanner and a second smaller ballot that has the
top three races: presidential, congressional, and governoral races, that
goes into a second locked ballot box to be hand counted, we would have an
instant hand counted audit on election day in the polls.

The polls I worked at consistently generated ballots from pulses of voters
in the morning, noon, and from 5:00 P.M. on and tapered off at 6:00 P.M.
Poll workers could start counting the ballots voted in the smaller hand
count ballot box at 1:00 P.M., and trade the box out at 4:00 P.M., and
again at 6:00 P.M., and when the polls close. Poll workers have plenty of
time in the polls I was in with an average of 500 votes cast.

Research from the Bernalillo County Clerk's office, 2008 showed three
races could be counted faster than the ballot could be scanned.

No extra cost would be generated from an in poll hand count/audit of the 3
most important races. The counting should be witnessed by the public,
parties on the ticket have to have representatives present or the
presiding judge may appoint a voter volunteer from the same party to
witness the hand counting. Posted poll tape and hand count totals would
add integrity to the public's view of elections.

Two systems of election results would be available to authenticate the
canvassing of the election, obfuscate or make unnecessary audits, and save
millions of dollars doing audits or even more millions of dollars for a
full recount.

People need to be involved in the people's elections or we don't have a
democracy and electronic systems can be used to count other races and
check or be checked by the hand count system in the polls on election day.

We need a second people centered system to count paper ballots now.

Thank you for your consideration
Casey Reed

Casey Reed us

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