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By Brad Friedman on 10/4/2006 6:56pm PT  

More VoterAction.org lawsuits and complaints are now being filed to stop the use and/or purchase of electronic voting systems around the country. On Wednesday, two more. One in California, another in Wisconsin.

In Alameda County, CA a suit was filed to stop of the use of Sequoia Voting Systems touch-screen DRE's, alleging the county "has not performed independent, expert security vulnerability testing on its new Sequoia voting equipment. The group claims such testing was a prerequisite stipulated by county supervisors before the county would issue payment for the system." ...

--- Click here for REST OF STORY!... ---

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Kitty Pilgrim Covers the Fallout from the Recent Lawsuit Against the E-Voting Systems in Colorado...
By John Gideon on 9/26/2006 10:20am PT  

Guest Blogged by John Gideon

In Monday's "Democracy at Risk" segment Kitty discusses the ruling from the judge in Colorado (as broken originally by The BRAD BLOG last Friday) against the state's "abysmal" voting machine certification process. Of course, the Secretary of State is trying to make it a partisan political issue.

Says Dobbs in yesterday's report: "[M]any state governments across the country are finally awakening to the threat that electronic voting machines pose to our upcoming midterm elections --- and our democracy."

Says Pilgrim: "[A] judge found the secretary of state's office had violated the law, saying there were no minimum standards. It failed to meet its statutory requirements for testing. It failed to adopt rules and failed to adequately test the machines...In many cases, the state simply allowed the manufacturers to vouch for the safety of the machines."

Says the plaintiff's attorney in CO: "The deficiencies in the testing was an utter lack of competence, and an utter lack any scientific method, and utter lack of any recordkeeping."

Says the Secretary of State: "Colorado voters should not be concerned about the security of the November election...I ask voters to ignore the political rhetoric by a few seeking to destroy that confidence in the election."

The text-transcript of tonight's segment on Lou Dobbs Tonight follows in full...

--- Click here for REST OF STORY!... ---

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By John Gideon on 9/23/2006 11:17am PT  

Guest Blogged by John Gideon

On last night's Lou Dobbs Kitty Pilgrim reported on what the media is just awakening to, problems with e-voting machines are nationwide and a threat to our democracy. Some of us have been telling all who would listen that this was the fact for years now. Finally some state's are listening and acting.

The text-transcript of tonight's segment on Lou Dobbs Tonight follows in full...

--- Click here for REST OF STORY!... ---

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Plaintiff Rep Says Machines to be Allowed in November, With New Security Measures, But Must Be Recertified From Scratch Thereafter
[UPDATED Now to include CNN's Initial Coverage, Official VoterAction.org Statement, Trial Testimony and Depositions from the case.]
By Brad Friedman on 9/22/2006 4:54pm PT  

I just received a phone call from Holly Jacobson of VoterAction.org, the group that has supported voter lawsuits attempting to decertify e-voting machines in Colorado, California, Arizona, Pennsylvania and elsewhere.

She called us from Colorado just after leaving the courtroom, where the case in that state against the use and purchase of e-voting systems made by Diebold, ES&S, Sequoia and Hart InterCivic was being heard yesterday. She called and said: "We won!"

That call came moments after I'd received a report that CNN's Lou Dobbs had reported an hour or so ago that they had lost the case...

--- Click here for REST OF STORY!... ---

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Man Appointed by SoS to Certify Voting Machines for State Has No Computer Science College Education, Failed to Test Machines for Hackability or Much Else
Colorado Democratic Party Calls on Voters to Vote by Absentee Ballot, Citizens Group Calls for Investigation of SoS
By Brad Friedman on 9/15/2006 2:06pm PT  

It's incredible (or is it at this point?) but the lawsuit filed by several Colorado voters to ban touch-screen voting machines manufactured by Diebold, ES&S, Hart InterCivic and Sequoia in the state has revealed that the state's appointed "expert" --- responsible for certifying voting systems --- has no actual college training in computer science and failed to do any actual testing of the systems before certifying them!

As reported in an excellent article from Rocky Mountain News news this morning...

[Democratic candidate for Sec. of State, Sen. Ken] Gordon and the Democratic Party were alarmed by a deposition in the case released this week, in which the secretary of state's staffer in charge of testing the machines says he did only 15 minutes of security checks. The staffer, John Gardner Jr., also said he had no college training in computer science, causing Gordon and others to question whether he was qualified for the job. Gardner also had been information technology chief for the El Paso County clerk, which runs elections there.

The plaintiff's attorneys say Gardner's security checks on the four systems did not include attempts at hacking. Instead, Gardner merely checked whether the manufacturers included security documentation.

"Of course" Gardner should have tried hacking, [plaintiff attorney Paul] Hultin said. "Isn't that the idea of a test?"

The issue was also covered quickly in a Denver Post article last night:

...the Secretary of State's office certified a kind of voting machine for Jefferson and Mesa Counties that does not meet state requirements.

The information comes from the deposition of John Gardner - the man appointed by [Colorado Sec. of State] Gigi Dennis as an expert and charged with certifying the machines.

But Gardner testified he is not an expert in the areas required by state law. He also admitted that the Secretary of State's office was under pressure to certify the voting machines because counties had already purchased them.

--- Click here for REST OF STORY!... ---

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Complaint Seeks to Stop Use of Electronic Voting Systems Made by Diebold, Sequoia, ES&S and Hart InterCivic
Broadest State Filing Against Voting Machines Yet Filed, Follows Similar Suits in California, Arizona, New Mexico
By Brad Friedman on 6/1/2006 11:37am PT  

In a complaint said to be the broadest yet filed to halt the rise of the electronic voting machines, a non-partisan group of voters have announced they are filing suit today in Colorado to stop the purchase and use of Direct Recording Electronic ("DRE" or touch-screen) voting machines in the state, The BRAD BLOG can now reveal.

The suit, being filed today in Denver District Court and modeled after similar actions filed previously in California, Arizona and New Mexico, calls for an immediate halt to the use of touch-screen machines made by all four of the major electronic voting machine vendors currentlly doing business in Colorado.

The group, advised and organized by VoterAction.org contends that voting machines made by Diebold, Sequoia Voting Systems, Election Systems and Software Inc. (ES&S) and Hart InterCivic "have a well-documented history of problems with security, reliability, verifiability, and disability access."

According to a press release issued this morning (posted in full below) by the Denver law firm of Wheeler Trigg Kennedy LLP the machines "are easily hacked and compromised, and have a history of operational problems which have disrupted elections across the country."

Defendants named in the suit include Colorado Secretary of State Gigi Dennis and the Boards of county commissioners in 9 different CO counties.

"The Secretary of State's Office has failed to issue rules setting minimum standards for security of these systems. The election rules permit the DRE manufacturers to simply tell the State that their machines are secure," said Wheller Trigg Kennedy attorney Paul Hultin in the release. "Worse, the Secretary is not following the law. No certification reports required by law have been prepared even though these systems have been certified for months and counties are preparing to use these dubious systems in the upcoming election," he says.

"Some of the security risks with these machines are so high that it is unconscionable that their manufacturers, who have known of the problems for years, have not taken the necessary steps to correct them," says Univesity of Iowa computer science Professor Dr. Doug Jones, who is one of several experts who will be offering testimony in the case.

"The Help America Vote Act is being turned on its head, weakening the integrity of our elections in the rush to purchase untrustworthy DRE computerized voting systems," said Lowell Finley, Co-counsel for the Colorado voter plaintiffs, election law expert, and Co-director of Voter Action, according to the release. "The sanctity of our elections is too important to turn over to private corporations which operate without accountability. There are better and more secure options available, such as optical scan-paper balloting."

The complete filing is now online here [PDF]...

We're busy covering the Robert Kennedy article on Election 2004 in Rolling Stone today (we'll have extended excerpts on BRAD BLOG shortly), so we'll leave you with the complete press release below for more details on this developing case...

--- Click here for REST OF STORY!... ---

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