This report is being published in Three Parts: Part 1: In the Face
of Threats, Intimidation, and Disinformation, Part 2: A County Divided,
and Part 3: “Volusia County is like the Bermuda Triangle”.
Part 3: “Volusia County is like the Bermuda Triangle”
One of the attorneys for the state Division of Elections said recently,
"Volusia County is like the Bermuda Triangle," meaning that Volusia
seems to be a crisis-magnet when it comes to voting machine and
election problems.
If the county selects the Diebold touch-screens, its
Bermuda-Triangle-like problems and reputation will likely
continue. A lawsuit against Diebold and against Florida’s
Division of Elections would not only be likely but necessary, for a
variety of reasons.
Paper-ballot proponents have obtained extensive proof that the Diebold
TSX certification was rushed through to meet state deadlines and did
NOT meet the requirements of state law nor the Florida Voting System
Standards.
Numerous certification tests were never performed, including most security tests.
Additionally, one of the four machines provided by Diebold for
certification testing failed, forcing the state to conduct its testing
on only 3 machines. This fact was never disclosed in the official
state testing report. The state refuses to acknowledge this as a
25% failure rate, stating that the TSX failed before certification
testing began. The fact is, one out of four machines failed, and
whether it failed at the beginning of or during testing is
irrelevant. The 25% failure rate is also in line with Diebold’s
failure rate in certification testing in other states, including
California, which reported a 20% failure rate.
The above information was obtained in 20 pages of handwritten notes by
David Drury, whose title is “Manager of Certifications.”
In his notes, Drury also made the following comment: “Review of
provisional ballots may occur before acceptance – this needs to
change.” Diebold did not make this change and the TSX was
certified a week later. This flaw in the TSX means that
provisional voters do NOT have a secret vote because their personal
information and their voting choices can be reviewed prior to accepting
or rejecting their ballots. State law says that no voting system
may be approved unless it “permits and requires voting in secrecy.”
(Florida Statute 101.5606(1)) HAVA voting-system provisions,
which will go into effect January 1, 2006, also mandate that all voting
systems must “preserve the privacy of the voter and the confidentiality
of the ballot.” (Section 301(a)(1)(C) of the Help America Vote Act)
“A Crazy Way to Run an Election”
There are extensive problems with the “blending” of the op-scan and
touch-screen systems, which would operate side-by-side in the precincts
if approved. However, the state conducted NO certification tests
to determine whether the two systems could operate properly
together. There are also no user manuals or instructions to
election officials as to how the blended system is supposed to work,
although these items are required by the Florida Voting System
Standards.
Even Diebold thinks the blended system is “a crazy way to run an
election,” as evidenced by the following quote about the blended system
from Ken Clark, a Diebold Senior Systems Engineer, in a Diebold internal memo written in January, 2003:
"My
unsolicited two cents is that this is a crazy way to run an election.
Expecting jurisdictions to train for and administer two systems is just
nuts. It is the worst of a paper-based election with the worst of an
electronic election."
Diebold hopes that problems with the blended system will eventually
convince Volusia County and their other “blended” system customers to
eventually purchase all touch-screens, as evidenced by the following
Diebold internal memo from system support specialist Mark Earley in response to Ken Clark’s memo above:
Hopefully, the ADA requirements and the concerns you point out about
maintaining two systems will lead them down the path to full TS
[touch-screen].
The blended system problems include a confusing and chaotic election
process with two sets of poll tapes in each precinct (one from the
op-scan and one from the TSX), two uploads to the elections office from
each precinct, two sets of results, and two complete sets of computer
and audit logs, one for the op-scan system and one for the TSX.
State Obstruction of the AutoMark
Ion Sancho, Supervisor of Elections in Leon County, has also refused to
buy the Diebold touch-screens. Sancho, who achieved national
prominence by allowing a team of experts from Black Box Voting to
successfully hack into Leon County’s voting system and change the
results in a mock election, has said, “Touch-screens will only come to
Leon County over my dead body." Knowing that Sancho is
intractable in his resolve, the state has focused its fire power on
Volusia County.
The disabled-accessible voting system that Volusia and Leon counties
want to purchase is the AutoMark, a ballot-marking device that has more
disabled-accessible features than the Diebold touch-screen, and which
also provides full language accessibility. The AutoMark
electronically marks paper ballots, which are then fed into the optical
scan machine along with the ballots of all other citizens. The
AutoMark has been quickly and easily certified in numerous other states.
Leon and Volusia counties have been prevented from purchasing the
AutoMark, however, due to its ongoing lack of state
certification. Although the state certified the Diebold TSX
touch-screen in less than one month from the time of its initial
application, AutoMark’s certification has been in limbo for over 10
months. The state has provided a series of untenable excuses for
stalling the AutoMark. The most egregious of these was that the
state refused to begin certification of the AutoMark until it obtained
NASED qualification, despite the fact that the Diebold was not and is
not NASED qualified.
The Division of Elections has also required AutoMark to undergo far
more extensive testing than the Diebold touch-screen. For example,
Diebold was only required to run 10,000 ballots and set up 138 ballot
styles. AutoMark is being required to recreate the programming
for the entire Miami-Dade County 2004 election, in which almost 800,000
citizens voted, and must run 40,000 ballots and set up 4,000 ballot
styles. The Division of Election’s state reason for requiring
AutoMark to submit to different test standards is that a new state law
will require more ballot styles to be programmed for “precinct reports”
of early voting and absentee ballots. This is a lame argument,
however, because Diebold will also have to meet the same requirements
of the new state law and was never required to prove it could do so.
The Price of Fair Elections
When the councilors rejected Diebold for the second time on June
29, no one dreamed at that time that the state would stall the AutoMark
certification beyond the end of this year. At midnight on
December 31 the bell will toll, and, according to state law, the county
must return the $780,000 it has received to purchase
disabled-accessible voting machines.
Now Volusia finds itself back in the middle of the same nightmare it
faced at the June 29 council meeting. The only voting machines
certified by the State of Florida remain paperless touch-screen
machines (supplied by Diebold, ES&S or Sequoia).
The council must decide between the $780,000 Diebold touch-screens or
the $2.5 million ES&S all-new voting system, which will eventually
include the AutoMark ballot marker, with $700,000 for either choice
reimbursed by HAVA funds. As described above, the AutoMark would
allow the county to meet HAVA requirements for disabled voters while
retaining its paper ballots and verifiable elections, but it will cost
the county an additional $1.8 million in county funds.
If this $1.8 million is the price of our democracy, the price of our
liberty, the price of fair elections, then it would appear the Volusia
County Council really has no other choice -- other than to sue
Florida’s Division of Elections for its obstruction of the AutoMark
certification and for its illegal certification of the Diebold TSX and
the Diebold blended system.
It’s a miserable choice, and only the state is to blame.
Footnote: The majority of Florida's 52 op-scan counties caved in
to the extreme pressure being applied by the state and purchased
paperless touch screens for their disabled voters before the arbitrary
state-imposed July 1, 2005 deadline.
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