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Ohio Sues Over Missing Electronic Votes
Posted by
timothy
on Thu Aug 07, 2008 05:47 PM
from the oh-it-was-only-a-few-votes dept.
from the oh-it-was-only-a-few-votes dept.
dstates writes "The Columbus Post Dispatch reports that the State of Ohio is suing Premier Election Systems (previously known as Diebold) over malfunctions in electronic voting machines. Election workers found that votes were 'dropped' in at least 11 counties when memory cards were uploaded to computer servers. The same voting machines are used nationwide. The company blames a conflict between their software and antivirus software for the problem and says that an advisory was issued on the subject. The Ohio lawsuit contends that the company made false representations and failed to live up to contractual obligations and seeks punitive damages."
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News: Legal Troubles Continue To Mount For Diebold 115 comments
dstates writes "The State of Maryland has filed a $8.5M claim against Premier Election Systems (previously known as Diebold), joining Ohio in seeking damages from the company. The claim alleges that election officials were forced to spend millions of dollars to address multiple security flaws in the machines. Previously, Diebold paid millions to settle a California lawsuit over security issues in their machines. The dispute comes as Maryland and Virginia prepare to scrap the touch screen electronic voting systems they bought after the 2000 presidential election. California, Florida, New Mexico, and Iowa have already switched to optical scanners, and voters in Pennsylvania are suing to prevent the use of paperless electronic voting systems in their state. Meanwhile, Artifex Software is suing Diebold for violations of the GPL covering the Ghostscript software technology used in the proprietary voting machines."
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Punitive Damages (Score:4, Interesting)
If these machines affected the outcome of the election, perhaps it is the American people (and the people of Iraq) who should be seeking punitive damages from Diebold.
Re:Punitive Damages (Score:5, Insightful)
perhaps is is the American people (and the people of Iraq) who should be seeking punitive damages from Diebold.
I'm hoping that this issue does not become partisan. Many people are unhappy about the outcome of some recent elections, but I think anyone, no matter what their political leanings, should be patently against black box electronic voting. These machines can be abused by either party.
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Re:Punitive Damages (Score:5, Insightful)
Oh, this will be partisanized. In modern American politics, it's not about being right so much as it is about winning, about defeating the other team.
If it turns out that this benefited one party, the other will attack and the benefiting party will stonewall.
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Re:Punitive Damages (Score:5, Insightful)
That's because the two "teams" aren't different enough ideologically to make it about anything other than winning. Regardless of who wins this next election: the government will grow larger, the nanny state will increase, the Bill of Rights will be chipped slowly away, wealth will become more concentrated, the US will meddle in the affairs of other sovereign nations, public education will decline in quality, police forces will become more militant, incarceration rates will remain the highest in the industrialized world, and the failed War on Drugs will continue. All of these are problems that have spanned both Republican and Democratic power in both the Whitehouse and Congress. But the powers in those parties have already agreed on that direction for the country and options on those issues will not be offered to the American people.
sidenote: Because they also agree that "one man-one vote" will never go away, third parties are rendered moot.
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Re:Punitive Damages (Score:5, Informative)
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Re:Punitive Damages (Score:5, Interesting)
I agree that the issue of blackbox voting machines should not be made into a partisan issue. On the other hand the issue of Diebold voting machines being a partisan issue was cemented when the CEO of Diebold said in a fundraising letter that he was committed to delvering Ohio for President Bush. It may have been the most ridiculously stupid comment ever, but it definitely had the effect of making the issue partisan.
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Re:Punitive Damages (Score:5, Insightful)
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Re:Punitive Damages (Score:5, Insightful)
If it happened in Ohio, how can we be sure it didn't happen elsewhere? Since there are no records, we can't.
How do the numbers change if we apply this same logic to each state where these machines were used?
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Re:Punitive Damages (Score:4, Insightful)
You've been modded insightful, but you're plain wrong. The game has very high stakes and so it has strict rules. It must be played by the rules — even if today we think the rules are not right any more. If that's the case, we can change the rules until they reflect our current standards, but you can't say: "Well, the rules weren't followed properly, but we got the result I think is more proper, so we ignore the rules".
In 2000 Bush won because someone said "well, let's stop playing the game now and whoever's in front, wins". That's not right. In 2004, Bush might've won because someone said "let's make sure Bush wins Ohio, even if he's not supposed to". Neither of those are the right way to play the game — there's thousands of reasons for that, and one of the most important is that it's divisive. If everyone agrees that the winners won fair and square — then, well the losers might reckon every else is dumb, or that the winners didn't play fair in the campaign, but at least the system works. They go home and lick their wounds and say "aren't they such meanies?" until they decide they want to begin fighting the next election. If there's any reason to believe your team was cheated, you won't forget this easily. And you must not. (In the end, the right thing to do in 2000 was probably for Bush to win, even though Gore won the popular vote; that or invalidate the election results and hold a new election in Florida with ballots designed according to a national standard that is demonstrably easy to read and follow, and with such novel voting tools as pens — things that are not black boxes and not likely to fail without the voter understanding that.)
You cannot drop this. Giving the election to the team you thought has a moral justification for winning, in spite of not winning based on the rules, is a step on the road to totalitarianism. The rules must be followed and the must reflect moral justifications that the general public upholds.
I also think I should point out that whether or not winning the national popular vote is the entitling criteria to winning the election is a matter of opinion. Many people honestly believe that votes should be weighted according to some standard (like states or land area, to give isolated people a bigger vote). Some people honestly believe that the best government can only occur when someone was born and brought up to be ruler from their youth. I myself think any system that doesn't result in me being the indisputable overlord of the whole world is flawed. So this is another reason why the question of national popular vote is completely irrelevant
You are allowed to say: "The rules are bad. We must fix the rules." But you cannot say: "The rules are bad. We must ignore them." The first election after the system switches from an electoral collage to a single popular electorate, then a team can claim victory solely on the basis of the popular vote. Until that day, there are no excuses.
(And to fairly disclose my bias: I'm not American, and I think Bush was a horrible mistake and I wish he'd never been elected. But more than that I want rules to be followed.)
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Re:Punitive Damages (Score:5, Insightful)
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Re:Punitive Damages (Score:5, Insightful)
I'm thinking that regardless of partisan issues, I think long prison sentences and company-destroying fines for Diebold are in order
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Re:Punitive Damages (Score:5, Insightful)
I'm against the death penalty, but if I were for it I can think of few crimes worse than tampering with our system of government. Enough men and women have died to create it and uphold it that I feel it's at least as bad a crime as murder. Prison sentences and fines seem pretty petty compared to the integrity of our nation.
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This situation was partisan from the start. (Score:5, Insightful)
I'm hoping that this issue does not become partisan.
The CEO of the Diebold was a die-hard partisan, and a top fundraiser for a partisan candiate. We all remember the quote where he "committed to helping Ohio deliver its electoral votes" to the partisan candidate. And if by magic, election fraud allegedly helped the partisan candidate win the tightly contested election in Ohio.
These machines can be abused by either party.
Sure. Both parties may do it. The point is, the machines WERE abused by one of the parties. The machines are one problem. The abuse is a second problem. Since there is no audit trail, not even fair-minded, non-partisan individuals can audit the election result. How ironic. And partisan.
This situation was partisan from the start.
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Re:Punitive Damages (Score:5, Insightful)
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Re:Punitive Damages (Score:5, Informative)
You have got to be kidding me. You do understand that the CEO of the company that makes the voting machines has given his assurance, in public, to do everything he can to help the Republican Party. You do understand that in the last 3 election cycles, the Republican party has done everything it can to limit the number of voters registered and actually prevented voters from casting their ballot. They've gone so far as to use robocalling to tell voters that the polling place address has changed, or that people will lose their government assistance if they show up to vote, or that there will warrant checks on everyone voting. They tell US Citizens of Hispanic descent that their citizenship status may be reviewed if they show up at the polling place. All of these things have been documented.
In Florida, 150,000 new voter registrations were "lost" by the Republican secretary of state. There are instance after instance of examples of the Republicans doing everything in their power to screw up our electoral system. Go read about the lawsuit of the State of California vs. Diebold. And where all of those games have failed, they are not above simply fucking with the machines, in the dark of night, when no Democratic or Independent election judges are present (see the 2004 Georgia Gubernatorial election where 4 hours after the poll closed, the Democrat had a commanding lead, and somehow, after midnight, with only the GOP election commissioner present, an additional 60,000 Republican votes were "found" in the voting machines. Go read about Florida, 2000.
This issue is partisan as hell, because today's Republican party knows that their only chance at winning is to game the system. They are as hostile to democracy as any tinpot dictator.
I have gotten spam emails about how Barack Obama is responsible, personally for killing some 30-plus people (some of those names are on a similar list attributed to Bill Clinton's homicidal hand). I have gotten emails about how Barack Obama is a secret muslim who was actually born in Indonesia (or Kenya, or Nigeria, or Malaysia). I have gotten emails about how Barack Obama is the motherfucking antichrist.
Now tell me about how you're "hoping this issue does not become partisan".
I'm not questioning your sincerity, LaskoVortex, but your awareness of the state and integrity of one of our political parties seems to come up a bit short. Believe me, there are worse things in a democratic nation that "partisanship".
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Re:Punitive Damages (Score:4, Funny)
The Republicans' answer is to talk about how great the AC works.
Anonymous cowards don't work, they spend all their time trolling on Slashdot!
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Re:Punitive Damages (Score:5, Informative)
Didn't RTFA, I see. The machines in question were delivered in the last year, and the only elections they've affected were purely local ones.
And they didn't even affect them, since the miscounts were noticed and corrected from the paper audit trail built into the system.
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Just starting out (Score:5, Insightful)
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You don't know that they didn't affect the outcome (Score:4, Interesting)
... the only elections they've affected were purely local ones.
And they didn't even affect them, since the miscounts were noticed and corrected from the paper audit trail built into the system.
You don't know that they didn't affect the elections. The miscounts THAT WERE VISIBLE may have been corrected. But that doesn't prove they aren't just the tip of an iceberg - like the mismatch of a few cents in an accounting ledger that may point to multiple errors that nearly canceled - in THAT check - while shorting one account by a bunch and boosting another by almost the same amount.
The tiny difference tell you something's wrong. They aren't necessarily the ONLY thing that is wrong. And if something else is wrong it may be wrong by a LOT.
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Re:Punitive Damages (Score:5, Insightful)
perhaps it is the American people (and the people of Iraq) who should be seeking punitive damages from Diebold.
Having the executives stood up against a wall and shot would seem to be the appropriate punitive award. Free elections are...were...the foundation of this country. Deliberately undermining the basis of our democracy would be...should be...the very definition of treason.
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Damage and Standing (Score:4, Insightful)
If these machines affected the outcome of the election, perhaps it is the American people (and the people of Iraq) who should be seeking punitive damages from Diebold.
The American People MAY have been harmed and MAY have standing to sue. But that's a hard sell in court.
The State of Ohio HAS been harmed and DOES have standing to sue. (And they decided to do it. Oh, Goodie!)
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End to End (Score:5, Insightful)
Re:End to End (Score:4, Insightful)
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Re:End to End (Score:5, Insightful)
I have an open source solution. How about marking pieces of paper with a pen, and then having teams of human beings count them?
It's okay with me for election results to take an extra day or two if they wide open and monitored at every level by volunteers.
I love high tech as much as the next geek, but high tech solutions aren't always the best ones. (Especially when they're applied to problems that aren't technical but political)
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Re:End to End (Score:5, Insightful)
You might be OK with the extra day or so, but will the TV news folks allow it?
You see, if they don't announce a winner before midnight Eastern time then nobody will watch that station the next election. This means losses of millions in ad revenue. So, they are going to announce a winner before midnight Eastern time. Period. It is going to happen.
Now in 2000 they announced before midnight Eastern time that Gore won. Millions of people went to bed believing "their man" had won the election. Come morning they found out that somehow, through some mysterious process after actually counting votes that Gore was no longer the winner. Even though he was announced as the winner the night before - based on exit polls and trends. So "obviously" the election was stolen by the evil Bush.
You want to see the result should this happen again? It is almost a dead certainty of it happening unless all the votes are really counted before midnight Eastern time. You understand that this gives California less than three hours to submit their vote totals, right?
Two choices: electronic voting or revolution. Pick one. See if you can guess which the current crop of politicians will pick. Or the next crop of politicians. They understand what is at stake.
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Re:End to End (Score:5, Interesting)
We use this exact pen and paper system in Canada, and TV stations are usually able to make a pretty good prediction by midnight as to who will win. The next morning, the newspaper headlines almost always confirm what the tv stations were predicting the night before.
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Re:End to End (Score:4, Insightful)
Try that with 10x more people. Electronic voting with a paper receipt is the best solution I have heard so far.
Easy... 10x as many poling places and ballot counters!
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Re:End to End (Score:5, Funny)
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Treason (Score:5, Insightful)
21st century American political hangings (Score:4, Funny)
The last politician to be hanged in America was Florida's own Rep. Chad.
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Antivirus software (Score:4, Insightful)
Who was fuckwitted enough to think using Windows on voting machines was a good idea? Nothing wrong with using an embedded appliance.
It has nothing to do with Windows (Score:5, Insightful)
Oh please, Windows is the reason it went wrong?
No, the reason it failed is because it is a bad product.
I've used Windows and Linux software, as have many people here, and believe me, I've seen great and crap software on both platforms. Writing for non windows platforms doesn't infer some magical 'excellence' to code.
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Re:It has nothing to do with Windows (Score:5, Insightful)
You missed the subject "antivirus software", dipshit. A decent embedded appliance doesn't need to worry about viruses or shitty antivirus programs.
This looks more and more like Diebold were deliberately incompetent in order to have plausible deniability.
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Re:It has nothing to do with Windows (Score:4, Interesting)
The one thing that I've never seen Linux do that Windows does extremely well is propagate viruses.
Again, why Windows? Why the worst of the worst of the worst???
Antivirus program conflict, my ass.
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Re:It has nothing to do with Windows (Score:5, Insightful)
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Re:Antivirus software (Score:5, Funny)
I find the concept of a voting machine needing virus protection hilarious. Desktop anti-virus protection is the last thing you think a voting machine would need; pretty much explains what a shitty concept these (specific) machines are. I can't wait to use these pieces of shit next election:
Select ONE:
(a) John McCain
(b) Barack Obama
(c) GIANT PENIS POPPING PILLS GAIN 2 INCHES SATISFY LOVER
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Re:Antivirus software (Score:5, Interesting)
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Re:Antivirus software (Score:5, Insightful)
It's like they're allergic to using actual professional-grade tools. I'd suppose deliberate incompetence, but tell me this first: do they use those tools on their ATMs, when there's actual money at stake?
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I can't wait for the results of the trial (Score:5, Funny)
COLUMBUS - In a decision that surprised nobody, a 6-man 6-woman jury voted 11-0 with no abstentions in favor of the plaintiffs. Testimony on damages resumes next week.
Maybe this is just stating the obvious... (Score:5, Interesting)
But shouldn't there be a law against tampering with elections? Like....a really really really serious, potentially company-destroying law?
The kind of law that would have fines and penalties so great, diebold is sent to the brink of bankruptcy and it's CEO's are all incarcerated?
Maybe that's a little extreme sounding to some, but when you consider that the very foundations your country was built on are at stake, you have to take a tough stand.
I certainly don't agree with the death penalty or anything like that, but I do think this should be a matter of the utmost importance.
Re:Maybe this is just stating the obvious... (Score:5, Insightful)
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Punitive damages.. (Score:4, Interesting)
If you assign punitive damages to a vote, aren't you then assigning a value to said vote? Since it's illegal to sell your vote to begin with, what good is it to assign a value to something you cannot sell in the first place.
If you can't sell or buy something, does it have value? Is it priceless or worthless?
Re:Punitive damages.. (Score:5, Interesting)
No. If you assign actual damages, then you are placing a value on the vote. Punitive damages are just that, punishment, regardless of the value of the loss.
Since it's illegal to sell your vote to begin with, what good is it to assign a value to something you cannot sell in the first place.
I can't sell my life (either to someone that would want to kill me for sport, or for slavery). Yet the government has put a value on human life. It's a couple million dollars. So you can value something that can't be sold. Just because it's statutorially illegal to sell something doesn't mean it doesn't have value. Prostitution is sale of something that is illegal to sell (except in Nevada), yet people manage to agree on a price for that all the time.
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What? (Score:5, Insightful)
Election workers found that votes were 'dropped' in at least 11 counties when memory cards were uploaded to computer servers. The same voting machines are used nationwide. The company blames a conflict between their software and antivirus software for the problem and says that an advisory was issued on the subject.
Ok, if you are buying computers to be used as election machines why would you even run an antivirus? There should be no way a virus could even touch the install. Don't connect it to the internet, and think twice before even networking it. Don't have a single USB port on it, no CD ROM drive, card reader, whatever. And no HDs. What they should really have is an open source BIOS (such as Linux BIOS) booting Linux or another OSS OS, which logs into a user that only has rights to use one program, and that is the only program installed. Preferably, the data should be stored on a Compact Flash card for fast booting which would have double or triple redundancy over multiple cards.
A family friend is part of an ohio watchdog list.. (Score:4, Interesting)
A family friend of mine is part of an ohio voter watchdog mailing list.
The MSM has at best mentioned it in passing, but senior diebold officials with heavy connections to the republican party were left alone to perform "patches" on the voting machines which, aside from eye witnesses at the time, went entirely unlogged, and which were entirely unsupervised.
Shortly after, the 2004 presidential elections took place.
Won't matter for 2008 (Score:5, Funny)
Diebold has already accidentally leaked the results:
http://www.theonion.com/content/video/diebold_accidentally_leaks [theonion.com]
How Do They Certify The Machines? (Score:4, Insightful)
THis is all part of a bigger story (Score:5, Insightful)
2000-2008 Just a Y2K Bug (Score:5, Funny)
Maybe this entire goddamn decade has been nothing but a Y2K bug in some virtual reality demo at some rave, jammed on "bummer" the whole time.
Can I get a reboot?
Re:Diebold Found Em! (Score:5, Insightful)
Indeed, something doesn't sit well with me about that explanation....
One might reasonably ask why one would need to run anti-virus software on what should be a completely isolated network of computers that should never be in any way connected to anything resembling a public network. One might reasonably ask why an antivirus program would interfere with a network connection. One might reasonably ask how the authors of a piece of software could be so inept that they would fail to report such a failure to the operators in an understandable fashion, particularly on something so fundamentally critical to the operation of a democracy.
As much as I believe the adage that one shouldn't attribute malice where incompetence would suffice, the more reports of fundamental flaws in their software I hear, the harder it is for me to conceive of a team of actual software engineers who could be that inept.
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