Blogged by Brad Friedman on 11/18/2005 2:52PM  
Advocacy Group Files Suit to Reverse Court Ordered Diebold Exemption

As the State of California appears to now be bending over backwards in an attempt to give their elections to Diebold as reported earlier today, a lawsuit has been quietly filed in North Carolina by the http://www.eff.org\">Electronic Frontier Foundation (EFF) to ensure that Diebold must play be the same rules as other vendors and that they abide by state law which they have been attempting to skirt through court filings.

Today EFF announced that they were going to court to prevent Diebold Elections Systems, Inc. from evading the North Carolina law which requires Voting Machine Companies to place their source code into escrow with the state. Diebold, one of America's largest Voting Machine Companies, apparently doesn't want to and has recently received a court-waiver to allow them to avoid doing so.

From EFF's press release issued today...

In a last-minute filing, e-voting equipment maker Diebold asked a North Carolina court to exempt it from tough new election requirements designed to ensure transparency in the state's elections. Diebold obtained an extraordinarily broad order, allowing it to avoid placing its source code in escrow with the state and identifying programmers who contributed to the code.

"The new law was passed for a reason: to ensure that the voters of North Carolina have confidence in the integrity and accuracy of their elections," said EFF Staff Attorney Matt Zimmerman. "In stark contrast to every other equipment vendor that placed a bid with the state, Diebold went to court complaining that it simply couldn't comply with the law. Diebold should spend its efforts developing a system that voters can trust, not asking a court to let it bypass legal requirements aimed at ensuring voting integrity."

On November 4, the day that voting equipment bids to the state were due, Diebold obtained a temporary restraining order from a North Carolina superior court, exempting it from criminal and civil liability that could have resulted from its bid.

(Hat-tips to both John Gideon and David Edwards for alerting us to this story.)

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READER COMMENTS ON
"Diebold Uses Court System to Avoid Law Requiring Source Code Submission in N. Carolina"
(12 Responses so far...)

COMMENT #1 [Permalink]
... Doug Eldritch said on 11/18/2005 @ 3:02 pm PT...


Excellent work EFF!! Sharpen the knives and get ready to seek an injunction against Diebold everywhere, especially California......Citizens need to take the fight directly against Diebold as the only crooked voting machine company engaged in so many illegal acts....

Take it all the way through the ropes and maybe the supreme and district courts, lets just get rid of the company once and for all!!!!!

Doug E.


COMMENT #2 [Permalink]
... Ardie said on 11/18/2005 @ 4:58 pm PT...


The Republicans of the House of Representatives resolve to end the deployment of U.S. troops in Iraq "immediately". This is an obvious "cut and run" resolution.

In sharp contrast to the Republicans, Democrat Rep. Murtha called for for the following:

"My plan calls for immediate redeployment of U.S. troops consistent with the safety of U.S. forces, to create a quick reaction force in the region, to create an over-the-horizon presence of Marines, and to diplomatically pursue security and stability in Iraq."

Rep. Murtha, in other words, calls for a "redeployment...to create a quick reaction force in the region" which in military terms is not a per se exit. This needs to be underscored.

To recapitulate, the Republicans want the termination of American troop deployment in Iraq. This, on their part, is a "cut and run" strategy.

I think this stunt by the Republicans has backfired. In their desire to portray the Demos as wishing to cut and run, it is they who have resolved to cut and run with the introduction of this House Resolution.


COMMENT #3 [Permalink]
... Savantster said on 11/18/2005 @ 5:21 pm PT...


Wrong thread Ardie..

To -this- thread.. this seems an obvious (to me) attempt to keep a secret.. and not a "trade" secret, either.

We need to make sure every freedom loving American says NO to Diebold (and other electronic voting companies).. There is NO reason we can't get along with straigth paper ballots.. Hell, even those give us problems because people won't clean the machines (punch ballots).. Course, I'm guessing that was done "on purpose" as well.. The Repugs trying to destroy this coutnry will stop at nothing.. including using secret machines with secret code telling us "who the winner is" with no way to know how the PEOPLE ACTUALLY voted..

FUN!


COMMENT #4 [Permalink]
... Jim March said on 11/18/2005 @ 11:43 pm PT...


Diebold isn't concerned with source code escrow - ALL the companies are doing that in California and all the rest (including ES&S) are doing it just fine in NC - and ES&S uses other people's code to which they don't have source code rights too although maybe not as much as Diebold.

I would be willing to bet the REAL issue is the disclosure of programmers...whoooWEEE does Diebold have reason to fear that!

For a starting point see also:

http://www.equalccw.com/tmoef.pdf

Short form: all three of the original founders of Global Election Systems were criminals. Major-grade investment fraud con artists, with prior busts. It's a good bet they hired other freaks. Later, convicted cocaine trafficer John Elder got involved (we don't think as a programmer) and he brought in Jeffrey Dean, multi-count felony embezzler who definately worked on the CURRENT Diebold software line and was high enough up to do hiring of his own.

So yeah. What we know already is bad enough. Full disclosure as required by NC...heh. They must have completely freaked out.

Jim March
Black Box Voting Inc.


COMMENT #5 [Permalink]
... Mugzi said on 11/19/2005 @ 2:50 am PT...


Has anyone seen any petitions to stop this company from tainting future elections? Unfortunately until they suffer financially, they probably won't cease and desist.


COMMENT #6 [Permalink]
... Dredd said on 11/19/2005 @ 3:34 am PT...


Is there a case name or case number or link to the case so I can read the pleadings and orders?


COMMENT #7 [Permalink]
... molly said on 11/19/2005 @ 8:39 am PT...


Yahoo, I'm from N.C. and I'm so proud of them. I got out because it changed , but that quirky independence is the charm of the old N.C. that I loved.


COMMENT #8 [Permalink]
... peterpont said on 11/19/2005 @ 9:42 am PT...


Brad
Recently we the people have seen a increase in the reaccurance of polling. This sometimes weekly measurement of the peoples satisfaction or dissatfaction,now appears almost daily to all bloggers, TV media and newspapers.
Can you and your fellow bloggers instigate a poll (using one or more of the authentic pollesters) which will measurer America's trust in machine voting and tabulations?
If the results catch enough of the attention of the forementioned media sources, then I believe this will remove crooks such a Diebold, from the political process.
Your comments please.
Peter in Oregon-home of the mail in paper ballot


COMMENT #9 [Permalink]
... Doug Eldritch said on 11/19/2005 @ 12:29 pm PT...


Jim March:

I've been saying it since day one, Diebold is the true problem here.

They are a totally corrupt criminal enterprise when it comes to the voting business, and they elect far right republicans and democrats using FRAUD.

They have no qualms about doing it in full public view, Karl Rove even PAID them to do it....

So the only way to stop these bastards and put a stop to other companies becoming like Diebold, is to completely dissolve Diebold election systems and kick them out of the voting industry. FOR GOOD!!!

There does not seem to be any other way to head off this corruption.

Doug E.


COMMENT #10 [Permalink]
... Marguerite said on 11/19/2005 @ 2:53 pm PT...


How wonderful to find your website. I am retired, but had a job that required me to be able to read, write and think. However, now, I am one of the "AGED Citizens" of the USA, born and reared in Kansas. I served in the WAC's, my husband served in the Army, my daughter is also a veteran.
I have been in the middle of Camille, and now having to "come back" from Hurricane Katrina. When the US Government requires aged people who cannot see and hear properly, but yet know everything going on around them as they read the paper with a magnifying glass, watch C-Span (loudly), to vote electronically, it is an outrage. Some people our age have never even used a computer, yet to vote, must use one not knowing how they are voting. KEEP UPTHE good works!!!
Margie


COMMENT #11 [Permalink]
... colleenmilitarymom said on 11/19/2005 @ 4:06 pm PT...


Go Brad and Co.!! Haven't commented a lot lately.
But I always check in here.
You are the best.


COMMENT #12 [Permalink]
... Doug Eldritch said on 11/19/2005 @ 4:46 pm PT...


Who can organize a poll for EVERYONE just like the impeachment poll which will show loudly our confidence in any electronic voting machines at all!??!??

And put THAT on the air, and on the radio everywhere.....That will stir it up!

Doug E.


-=- Comments on this item are now closed. -=-


VotersUnite.org's Daily Voting News 'Daily Voting News'
For December 04, 2008

by John Gideon

The Help America Vote Act of 2002 (HAVA) was signed into law in Oct. 2002. Amongst other things HAVA required the formation of the Election Assistance Commission (EAC) and provided some mandates, in Title III of the law, for federal elections including some standards for voting systems. Those standards include, but are not limited to, accessibility for voters with disabilities and accuracy in the vote count. Testing by experts in accessibility has shown that none of the Direct Recording Electronic (DRE, usually touch-screen) voting systems presently in use meet the requirements for accessibility for disabled voters. Failures in testing and vote counting in real elections have also proven that, at times, the voting systems presently being used across the country do not meet the federally mandated requirements for accuracy.

So what guidance has been provided by the EAC to the states with regards to Title III? Well, actually none. In fact even though voting systems presently in use do not meet federal law the EAC is just now getting around to issuing guidance to state and local election officials and, according to the draft of the plan ‘featured’ below, it is going to take another two years before the EAC can complete the guidance.

Why can’t they just tell the vendors and the states that the law is clear and, if they fail to follow that law, violations will be referred to the DoJ? The fact that the vendors misrepresent their products as being accessible is a clear violation of the law. It is time they are held responsible and it doesn’t take two years of studying Title III of HAVA to make that clear....

Click for links to all of today's notable voting news headlines...

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