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Diebold Sued (Again) Over Shoddy Voting Machines 314

icypyr0 writes "Computer programmer Jim March and activist Bev Harris have filed suit in California state court against Diebold under a whistle-blowing statue. This is another in a series of blows dealt to the ailing company. March and Harris allege that Diebold 'used uncertified hardware and software, and modems that may have allowed election results to be published online before polls closed.' They are seeking full reimbursement for all of the voting machines purchased in California. March and Harris could collect up to 30% of the reimbursement, under the whistle-blower statute. In an interesting turn, the two are requesting that the state of California join the lawsuit. State officials have spent millions on the paperless touch screen machines; Alameda County has spent at least $11 million alone."
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Diebold Sued (Again) Over Shoddy Voting Machines

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  • by LostCluster ( 625375 ) * on Monday July 12, 2004 @08:36PM (#9681641)
    The concept is classic in the computer software industry... sales sells a vaporware product that hasn't been built yet, and then the R&D people have to take shortcuts in order to get a product shipped by the date it was promised.

    Governments don't take well to such practices. When dealing with a state government, you must cross every t and dot every i in the system. Any bugs, flaws or failures is simply delivering a product that wasn't to spec.

    Diebold appears to have their hands caught in the cookie jar here. They've already been caught installing a "patch" on machines that were supposed to be "sealed" and in their final ready-for-voting state. Bev Harris has been the collector in chief of all of Diebold's other mistakes that they've tried to cover up... seeing what they have ready to present at trial should be fun.
  • FINALLY! (Score:5, Informative)

    by the_mad_poster ( 640772 ) <shattoc@adelphia.com> on Monday July 12, 2004 @08:40PM (#9681675) Homepage Journal

    Whether this goes anywhere or not, Diebold's abuses are finally going to the mainstream. The number one weapon that people have on their side to affect a change in an unfair system is information, and this information hitting major news outlets with some degree of regularity is happening just in time to ensure that this nonsense DIES.

    Remember, when your friends ask what this is all about, you have everything from blackboxvoting.com to the damning Diebold memos themselves to point to as evidence of the abuse and incompetence plaguing such a vital issue.

  • by MisanthropicProgram ( 763655 ) on Monday July 12, 2004 @08:44PM (#9681711)
    This doesn't realate to the article but it relates to your post.

    Long story short: I was at a company that sold vaporware. When we bitched about the stupid deadlines and what the fuck were the salesguys and upper management thinking, we were told that, "If we don't do it, someone else will and make the sale."

    What a rationalization.

  • Re:Microsofts cue? (Score:2, Informative)

    by Sweetums ( 266193 ) on Monday July 12, 2004 @08:48PM (#9681739)
    Too late. As I understand it, they are in fact windows boxes.
  • Re:Diebold (Score:5, Informative)

    by whoever57 ( 658626 ) on Monday July 12, 2004 @08:49PM (#9681758) Journal
    Somebody save e-voting... before it's too late.

    Why? What is the benefit? Ultimately, you have to have a certain level of trust. Current paper methods reduce the necessary level of trust -- because independent (and non-independent) observers are watching what happens for me.

    Frankly, what happened in Florida was not good, but let's face it, when elections get that close, you may as well toss a coin! When things like weather could affect a result, is the accuracy of the count that important?

    What is really important, though, is to prevent any person, organization or company getting into a position whereby they can systematically skew the results of multiple elections.

    Until someone comes up with an electronic voting scheme that guarantees that no one can fix an election then we should forget about electronic voting and stick with paper.

    Even if you consider the problems in Florida to be more of an issue than I do, they don't require electronic voting to fix them -- let's look for simpler, more foolproof solutions.

  • Re:Diebold (Score:5, Informative)

    by laird ( 2705 ) <lairdp@@@gmail...com> on Monday July 12, 2004 @08:51PM (#9681770) Journal
    "someone should create a good Internet voting mechanism, and keep it anonymous yet feasible"

    Someone's creating a good eVoting mechanism, the Open Voting Consortium. Go to http://www.openvotingconsortium.org and help out!

    I'll also point out that internet voting is fundamentally insecure, but any vulnerability can be exploited infinitely. When voting takes place in polling stations (i.e. offline and under observation), the poll workers can limit the damage of any vulnerability, because they can see who comes in, control who goes into voting stations, for how long, and can stop anyone doing anything too obvious (e.g. unscrewing the voting stations and modifying their internals, for example). Also, internet voting makes any a reliable audit impossible, because there's no voter verified physical record of a vote.
  • Re:Diebold (Score:4, Informative)

    by cmowire ( 254489 ) on Monday July 12, 2004 @09:01PM (#9681835) Homepage
    You are under the mistaken assumption that a good Internet voting mechanism is possible and a good idea.

    Right now, it probably isn't. Would you want your average PC to be controlling your life support system, where if it dies, you do? The wrong guy in the white house could unleash a nuclear holocaust upon us all; is that any less important?

    Really, I'm not sure that it's worth it to do electronic voting anyways. A properly designed machine-assisted paper voting system (big ballots in your choice of languages, mark-sense sense system with no chad, etc) is pretty economical and reasonably hard to mess with -- especially because its functioning and potential for fraud is easier to perceive.
  • Re:Diebold (Score:5, Informative)

    by Barto ( 467793 ) on Monday July 12, 2004 @09:06PM (#9681872) Journal
    You mean like here in Canberra, Australia [act.gov.au]?

    Linux desktop computers running open source (GPL) electronic voting software, burning the votes AND keystroke logs (to verify each vote if necessary) to CD-ROMs providing an "electronic" paper trail?

    It is at least as safe, if not safer, than paper-and-pencil voting. As society continues to move towards staring at computer displays 24/7 electronic voting becomes an inevitability out of inertia, so it may as well be done right.

    Barto
  • Re:Democracy... (Score:1, Informative)

    by Anonymous Coward on Monday July 12, 2004 @09:12PM (#9681914)
    You realize, of course, that the whole Florda election thing was PAPER BALLOTS.

    Technology had nothing to do with it.
  • Re:Democracy... (Score:3, Informative)

    by ROOK*CA ( 703602 ) on Monday July 12, 2004 @09:29PM (#9682029)
    ended up having a president appointed by a panel of judges
    This is a bald-faced "Urban Myth" go back and review the facts of the 2000 election and you'll find the Supreme Court in reality ended up being a non-factor in the outcome of the election.

    you make some good points, but as the 2000 Presidential Election demonstrated, some of my countrymen can't figured out
    A.) how to make a X
    B.) How many X's to put on each line of the Ballot.
    In other words the simpler the user interface the more Americans will actually comply with balloting regulations and thus have their votes counted.

    IMHO Digital voting systems are VERY feasible as well as a good idea. Just look at the global banking system - primarily digital with systems oversight of other distributed systems and capable of securely moving around trillions of dollars a day almost without incident. If we can do this, it seems to me to be a no-brainer to put together a reliable and secure E-Voting platform.
  • Re:FINALLY! (Score:3, Informative)

    by Anonymous Coward on Monday July 12, 2004 @09:50PM (#9682168)
    Bev Harris isn't just an activist, she's is the whistleblower from within Diebold. She exposed an internal Diebold document that was nothing short than "How to manipulate the results" manual. She is giving a speech tomorrow in Austin, TX where activists are trying to compel the TX Governor to mandate that all these electronic voting machines have some sort of verifyable paper trail at the voting site, by the voter.
  • Transitivity (Score:1, Informative)

    by Anonymous Coward on Monday July 12, 2004 @09:52PM (#9682177)
    Transitivity is just a tie. Take the simplest case with three candidates and three voters. Voter #1 votes ABC, #2 votes BCA, #3 votes CAB.

    Now imagine a transitivity problem with two voters and two candidates. #1 votes AB, #2 votes BA. Looks a lot like a tie in a plurality election.

    Flip a coin. Draw straws. Russian Roulette.

    Or we could break the tie the same way we break ties now in plurality elections. Can't remember how they did that last time there was a tie? Can't remember the last time there was a tie?

    Using Condorcet doesn't magically make ties occur more often.

    Condorcet voting doesn't have a transitivity problem, at least not any more than any other voting system does. No one's bothered to fix the transitivity problem of plurality voting, so why worry about it with Condorcet?
  • Re:Diebold (Score:2, Informative)

    by Phragmen-Lindelof ( 246056 ) on Monday July 12, 2004 @11:28PM (#9682730)
    What about Georgia? [salon.com]
  • by siriuskase ( 679431 ) on Monday July 12, 2004 @11:50PM (#9682810) Homepage Journal
    No they don't, if you aren't in one of the most populous state, your vote isn't worth shit. It's like a contest where California, Texas, and New York count, and Florida is the tie breaker. If they need another tie breaker, that's Illinois and they work their way down the list. Due to the winner takes all nature of most states, little states (all but the top 10) don't count. States with a clear majority aren't compaigned in. It's a bite being in a populous state and not be worth an ad compaign.
    55 California
    34 Texas
    31 New York
    27 Florida
    21 Illinois
    21 Pennsylvania
    20 Ohio
    17 Michigan
    15 Georgia
  • Re:Diebold (Score:4, Informative)

    by Anarcho-Goth ( 701004 ) on Tuesday July 13, 2004 @12:38AM (#9683074) Homepage Journal
    Computer voting has the potential to become more reliable, but I don't think we are going to see it from Diebold.

    There has always been some element of trust in the elections. We've all seen the T-Shirt "I'm from Chicago, Two ballots please." but at this point I still think that paper ballots are more reliable. If you put the paper ballots in a lock box, and the lock box is opened under the supervision of all sides involved in the election as well as the media, then it becomes a lot more difficult to defraud an election.

    (Although changing voting locations at the last minute, putting up National Guard roadblocks, and disqualifing thousands of people who happen to have the same first and last name as convicted felons in other states are potential abuses in this scenario. But computer voting wouldn't fix those problems either.)

    Even if we did have a verifiable open-source voting system I still think it would be a good idea to have paper ballots. What would be best is after you vote, the machine prints out a paper ballot that is both machine and human readable. The voter can then examine their ballot and confirm all their choices are correct, and place it in the lock box.

    When the elections are over you tally both the electronic voting machines and the paper ballots, and if there is a significant difference you know at least one of the numbers is wrong. Since the methods involved in defrauding an election via paper balots and computers are different, I imagine it would be very difficult to make the results come out the same.

    Now, ultimately, I think that an open-source voting solution that uses both encryption and digital signatures would be best. Peer review can confirm that the system is nih impossible to rig. The average person won't understand this, but then the average person is not involved in the old fashioned voting sytem anyway.

    Oh, interesting story I heard a few years ago about paper ballots on talk radio. Someone was at the place where the machine reads the ballots. The caller said that he suggest they test the reliability of the machine by taking a stack of ballots, and running them through the machine twice and seeing if the results come out the same both times.

    I forget if they actually did it and there were different results, and the voting people didn't like him, or if they just didn't like him without even trying. Some people just don't like you to question them, and it seems the bigger their responsibility, the less they like to be questioned.
  • by JimMarch(equalccw) ( 710249 ) on Tuesday July 13, 2004 @06:14AM (#9684178)
    Diebold *corporate* is financially solid in ATMs, bank vault security, etc.

    Diebold Election Systems is hemmoraging money.

    My theory:

    When Diebold bought Global Elections Systems in...lesse, I *think* the sale was finalized in 2002 with partnerships/investments prior, I don't think the larger corp understood what a pack o' jackals they were dealing with.

    I could be wrong mind you, but...

    OK, here's a piece of evidence. Alameda County first bought their touchscreen voting system off of Global. They signed a contract. When Diebold corporate swallowed Global, the contract was re-written so that BOTH the newly-renamed Diebold Election Systems Inc ("DESI") subsidiary AND the parent company(!) were named co-contractors for Alameda County.

    Which means even if corporate cuts "DESI" loose and destroys them, they're in hock on that contract if it all goes south.

    IF they had suspected the old Global bunch was playing fast and loose with elections laws, they would NEVER have co-signed the contract, would they?

    Second point: we have the stash of Diebold EMails running from 1999 (Global era) through early 2003 (Diebold era). The names of the players involved in the tech support, programming and marketing internal mailing lists DO NOT change. No new management team was brought in from Corporate, no new major names appear, there's virtually no references to new procedures or oversight, nothing.

    My conclusion: corporate thought they were buying a smoothly running little org, rather than a pack of rampaging pirates.

    There's no WAY Diebold corporate can continue hemmoraging CREDIBILITY! Forget the money for a sec - corporate makes their money supplying security gear for BANKS for God's sake. What happens when the banks start saying "errr...hey guys, don't look now but the name "Diebold" has become synonymous with terms like "idiots" and "crooks" and whatnot...".

    And here's the cool part, folks. The really hilarious part.

    All of this has happened before.

    1966. A small electronic voting company called Harris (no relation to Bev!) gets bought by a megacorp...which within a couple of years, realizes that the voting subsidiary is worth 2% of the profits and 80% of the negative PR.

    IBM isn't in the voting business anymore. Took 'em three years to wise up. See also:

    http://www.csl.sri.com/users/neumann/dugger.html

    Y'all can bet your Palm Pilots Diebold Corporate is gonna get the same clue.

    Jim
  • by SnapShot ( 171582 ) on Tuesday July 13, 2004 @08:27AM (#9684730)
    'In a recent fund-raising letter Diebold's chief executive Walden O'Dell said he is "committed to helping Ohio deliver its electoral votes to the president next year."', The Cleveland Plain Dealer
  • by SnapShot ( 171582 ) on Tuesday July 13, 2004 @09:24AM (#9685258)
    Here's a snippet from CNN [cnn.com]. Their quote is, 'In August, O'Dell said in a fund-raising letter for the Ohio Republican Party that he was "committed to helping Ohio deliver its electoral votes" to Bush.'

    I'm sorry I don't have a paper copy to hand to you; ironically this is one of the issues that we are discussing on this thread.

    Here's instructions for the future if you need information.
    1. Type "www.google.com" in the location bar of your browser (you might refer to it as "that fancy web thing I've done been hearing so much about").
    2. Press the "enter" key. This submits the "location" you typed in to the "web".
    3. When the "web page" appears, type in the words "diebold deliver ohio" in the little rectangular box.
    4. Once, again, you need to press the "enter" key.
    5. A list of "web pages" appears. Click on one of them using the "left button" of your "mouse". Try and choose a respectable source like "FOX News" or "Monster Truck Week".

    I hope this helps.
  • by SnapShot ( 171582 ) on Tuesday July 13, 2004 @11:41AM (#9686701)
    If you want to go really tinfoil hat (ie. reality under a Rupublican administration) here's some more info...
    Diebold has long claimed it does not track votes on Election Day but Harris said this file of election data from San Luis Obispo County, California shows otherwise.

    "It is impossible for this file to have existed if there wasn't some sort of illicit electronic communication going on for remote access," Harris said.

    "It's against the law to start counting the votes before the polls have closed. But this file is date and time stamped at 3:31 in the afternoon on Election Day, and somehow all 57 precincts managed to call home add them themselves up in the middle of the day. Not only once but three times," Harris said. "If you have no electronic communications between the polling places and the main office, how does that happen? Because what would you literally have to do is to shut down the polling place in 57 places at once and get in a car and drive this card into the county office. That's not going to happen."

    Technically, under the Diebold system that means it is possible for someone who has access to the system to monitor the progress of the voting results throughout the day and to potentially manipulate them. Common Dreams [commondreams.org]

    Or how about...
    A little less than eight months after steppind down as director of AIS [American Information Systems, another electronic voting Machine company], Hagel surprised national pundits and defied early polls by defeating Benjamin Nelson, the state's popular former governor. It was Hagel's first try for public office. Nebraska elections officials told The Hill that machines made by AIS probably tallied 85 percent of the votes cast in the 1996 vote, although Nelson never drew attention to the connection. Hagel won again in 2002, by a far healthier margin. That vote is still angrily disputed by Hagel's Democratic opponent, Charlie Matulka, who did try to make Hagel's ties to ES&S an issue in the race and who asked that state elections officials conduct a hand recount of the vote. That request was rebuffed, because Hagel's margin of victory was so large. Mother Jones [motherjones.com]
  • Do some research! (Score:3, Informative)

    by Masker ( 25119 ) on Tuesday July 13, 2004 @01:11PM (#9688017)
    This is a bald-faced "Urban Myth" go back and review the facts of the 2000 election and you'll find the Supreme Court in reality ended up being a non-factor in the outcome of the election.


    Ummmm. Nope. Sorry. You're the one who is mistaken here.

    The Supreme Court ordered that the recount be stopped [pitt.edu] (and, that is the ONLY recount, not "multiple recounts" as James Baker and the Republicans claimed over and over again during the press coverage of the 2000 election fiasco) and that the totals from the election night be certified. This DID have a huge effect on the outcome of the election, because, as was found by a group of eight news organizations that did a recount of the Florida 2000 votes [consortiumnews.com], Gore won in a number of different recount scenarios, even if you don't count the extra illegally counted [princeton.edu] absentee votes that pushed Bush over Gore's vote total.

    Your facetious "can't make an X" statement shows how little you know about what happened. The main problems with the 2000 election in Florida were:

    1) Tens of thousands of people [gregpalast.com] were incorrectly put on the felon list and removed from the voter rolls
    2) The "butterfly" ballot debacle [asktog.com] that caused thousands of votes (3:1 of which were likely to go to Gore) to not be tallied. These were punch ballots, and not "X marks the choice" ballots.

    Now, were the Consortium recounts widely reported as a Gore victory? No. Why? At least partly because they were completed in November of 2001, while the majority of the country was in shock after September the 11th. I'm not saying this as some sort of conspiracy theory, but a LOT of the news coverage at the time was pretty soft on anything related to Bush, because many, many people (look at his approval ratings [umn.edu] from that time period) thought that we needed to support our President during the traumatic times.

    Next time, before you call something an "urban myth", why don't you do some research?
  • by theblacksun ( 523754 ) on Tuesday July 13, 2004 @01:54PM (#9688554) Journal
    The sad fact is that too many ideas get shoved under the "tinfoil hat" category, and many of the proponents of these theories get lumped into the loony category. They get called conspiracy theorists. Now let's look at this election issue. Just from working almost anywhere it can be seen how much more valuable it is who you know rather than what you know. There's no reason a political organization would be that much different. So right there you know there are going to be favors, anyone who believes politicians don't give and recieve favors is a full out fool. So why is it so hard to believe that a politician would get hooked into an election machine company when the CEO is already active within the party? What better position to be in than the man who can hand over primary executive power to the most richest, most powerful nation in the world?

    Of course this is all purely speculative (that's my loony disclaimer). But does it really seem that far-fetched? Maybe the pres himself isn't in on it but he isn't the only one who want to see him reelected, and all it takes is one unethical engineer, or in the case of diebold's system whatever hacker takes the time.

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