The Free Press confirms installation secret justification of uncertified election tabulation softwar

[Columbus Free Press]

From:

http://www.freepress.org/departments/display/19/2012/4768

The Free Press confirms installation, secret justification of uncertified last minute election tabulation reporting software in Ohio
by Gerry Bello and Bob Fitrakis
November 2, 2012
The Free Press has obtained internal memos from the senior staff of the Ohio Secretary of State's office confirming the installation of untested and uncertified election tabulation software. Yesterday, the Free Press reported that "experimental" software patches were installed on ES&S voting machines in 39 Ohio counties. (see Will "experimental" software patches affect the Ohio vote?).

Election Counsel Brandi Laser Seske circulated a memo dated November 1st renewing the already shaky justification for installing software made by Election Systems and Solutions on vote tabulation equipment used in 39 Ohio counties. The letter to Ohio Secretary of State personnel Matt Masterson, Danielle Sellars, Myra Hawkins, Betsy Schuster, and Ohio's Director of Elections Matthew Damschroder, clarified the dubious justification for not complying with the legal requirements for the examination of all election related equipment.

Seske begins by explaining what she purports to be the purpose of the software patch: "Its function is to aid in the reporting of results that are already uploaded into the county's system. The software formats results that have already been uploaded by the county into a format that can be read by the Secretary of State's election night reporting system."

According to the contract between the Ohio Secretary of State's office and ES&S, this last minute "experimental" software update will supposedly transmit custom election night reports to the Secretary of State's office from the county boards of elections, bypassing the normal election night reporting methods.

In order to justify this unusual parallel reporting method, Seske explains "It is not part of the certified Unity system, so it did not require federal testing." This attempt to skirt federal and state law from the office of one the most partisan Secretary of States offices denies basic facts of how modern information systems function.

Seske continues "Because the software is not 1) involved in the tabulation or casting of ballots (or in communicating between systems involved in the tabulation or casting of ballots) or 2) a modification to a certified system, the BVME [Board of Voting Machine Examiners] was not required to review the software." These claims are factually unsound. The software, although not communicating actual ballot information, facilitates communication between systems upon which votes are tabulated and stored. Although the software purports to not modify the tabulation system software, it is itself a modification to the whole tabulation system. This is why certification and testing is required in all cases.

Just as in 2004, the Ohio Secretary of State's Office has enabled the possibility of a "man in the middle" attack. This software, functioning on a network through which votes are transmitted could act to intercept, alter or destroy votes from counties where it is not even installed, hence the "man in the middle" nickname.

On September 19, the last minute contract between ES&S and the Ohio Secretary of State's office was inked. Within a week, Seske wrote "He [Matt Masterson] has reviewed and approved the changes." Masterson is the Deputy Director of Elections. After Masterson's approval, Seske acted to bypass the Ohio Board of Voting Machine Examiners required review.

"Pursuant to the board's policy, each change will be approved unless three members of the BVME request a meeting to review a change within 15 days of today's date. Given the proximately of the upcoming election, please let me know as soon as possible whether you will be requesting a meeting to review the changes," wrote Seske.

An unelected, partisan group of attorneys appears to have conspired to install election software without testing and certification that they are professionally unqualified to pass judgment upon. These types of last minute installations of software patches on voting machines are considered suspect by election protection activists, in light of all the voting machine irregularities exposed during the 2004 election in Ohio.

--
Gerry Bello is the chief researcher at the Columbus Free Press. He holds a degree in computer security from Antioch College. Bob Fitrakis is the Editor of the Free Press. He holds Ph.D. in Political Science and a J.D. from the Moritz College of Law at Ohio State University.

[SleeplessinSoCal]

1. Now what? Getting a headache is about all I can come up with.

Why is the only ad on the linked website to Mitt Romney's campaign?

[sally5050]

2. Oh you mean another "RobGA" patch

this happened in 2002 with Diebold, a patch installed last minute on Georgia Diebold machines that even the techies were not allowed to know what the patch included in terms of fixes or logic changes.

the patch was named robga (for the guy rob that was to install them on all machines)

rob's house subsequently burned down when he worked with integrity activists about getting the word out thru a whistleblower lawsuit in California.

Bob Fritrakis and Free press are doing god's work, we are all very grateful to their AMAZING work and great article Gerry as well. Thanks for the informative post, but we know this is how they rig elections, I just don't understand why Holder and Obama don't take this more seriously when we have had 10 years of this crap for them to investigate and prosecute with the fullest extent of the law! ; 0

serious head scratching...

[Columbus Free Press]

4. Thanks Sally

It's nice to catch a positive vibe now and again

[sally5050]

5. more than a positive vibe...

you and cliff were the only ones to save the 2008 election from theft (that was great work on the subpoena for rove) and this year, your work has reached Mainstream press attention. I see you guys referenced all the time out there! ; 0

[DirtyDawg]

23. And here...

...all this time I had assumed that 'robga' meant just that. Particularly since Georgia was the first state that converted 100% to the Diebold machines AND since the vote flipped (from pre-vote polls to 'the count') by some 12% and favored, Democrats, Senator (Max Cleland) and Governor (Roy Barnes) were defeated.

[msongs]

3. democratic party response? zzzzzzzzzzzzzzzzzzzzzz nt

[sheshe2]

11. NO wait wait wait

Not that this doesn't scare me. It does. Combined with Addelson and Koch mega$$$$$$$$$$$$. It is enough to scare the shit out of all of us. However my friends were saying the same thing in 2008! I have faith in Axelrod and Plouffe...they have the feet on the ground...Obama and his team are covering far more than we know. They moved quitely then and they are now. Don't loose faith! We are all a bit scared.

We can do this dispite the $$$$$$$ behind Rmoney!

[SnoopDog]

6. Florida. Ohio....2012...Ohio

Being a 'code writer'.... it is so easy to put in code to flip a few votes per machine per precinct...thats all it takes to steal an election...

Questions?

[Stevepol]

29. Don't forget the central tabulators

Those suckers get the last word.

[Baitball Blogger]

7. When will we smarten up? When? When? When?

We know Republicans are fucking pathological liars and cheaters. So why do we allow this shit to happen so close to an election?

[octoberlib]

8. Thanks for your work on this n/t

[garthranzz]

9. Make it go mainstream

I know Rachel Maddow has been mentioning this.

It needs major attention.

Does the DNC have your report?

WE WILL NOT ALLOW A REPEAT OF 2004 (OR 2000).

[Columbus Free Press]

10. The DNC is aware

as is the DOJ

what action will be taken (if any) remains to be seen

[LeftInTX]

12. I hope so & thank you so much for your hard work

[elleng]

14. Good, I hope.

Wish we'd see some coverage. Have tried.

[2pooped2pop]

31. for some reason, they don't seem to want to change it. n/t

[flamingdem]

13. Thus the Secretary of State gets rapid access as the votes tabulate and presto

knows exactly where to flip and the percentage to flip to make it less obvious, less detectable.

That is if it's not a man in the middle technique.

--------- quote

Seske continues "Because the software is not 1) involved in the tabulation or casting of ballots (or in communicating between systems involved in the tabulation or casting of ballots) or 2) a modification to a certified system, the BVME was not required to review the software." These claims are factually unsound. The software, although not communicating actual ballot information, facilitates communication between systems upon which votes are tabulated and stored. Although the software purports to not modify the tabulation system software, it is itself a modification to the whole tabulation system. This is why certification and testing is required in all cases.

Just as in 2004, the Ohio Secretary of State's Office has enabled the possibility of a "man in the middle" attack. This software, functioning on a network through which votes are transmitted could act to intercept, alter or destroy votes from counties where it is not even installed, hence the "man in the middle" nickname.

[loudsue]

15. If Obama doesn't do something about this, he deserves whatever he gets.

We've seen this over & over. Obama (naively) said in his book that he didn't believe the mess about the black box voting machines.

He may let those very same black boxes put him out of a job.

All the ground game in the world won't help if the programming flips the votes.

[SubgeniusHasSlack]

16. Chill out

OFA is handling this.

[elleng]

17. Maybe. Hope so.

Campaigns Brace to Sue for Votes in Crucial States.

http://www.nytimes.com/2012/11/02/us/politics/campaigns-brace-to-sue-for-votes-in-crucial-states.html?pagewanted=1&hpw

[SnoopDog]

18. They are only insuring voters vote... not insuring the machines are ok...

It is absolutely ridiculous to think that Americans allow voting on machines that are owns and maintained by private corporations.

[elleng]

19. Right. Right.

[loudsue]

21. OFA can be infiltrated just like the democratic party

just like the OWS protests. OFA "handling this" doesn't make me feel safe. I want computer forensic teams to evaluate the programming NOW....AHEAD OF THE ELECTIONS.... based on the questionable and unsavory tactics used by the Sec'y of State with their "subcontractor".

[2pooped2pop]

32. not if he doesn't even believe it, he isn't

The big question is, if it is stolen, will he bow down and concede immediately like Kerry did or will he fight it?

[flamingdem]

38. Do you have a link or inside info?

Please share

[octoberlib]

20. A couple months ago I read a book called "Boss Rove" by Craig Unger

I just went and re-read the chapter on Ohio in 2004....SNIP.. How and why all this happened is central to the lawsuit filed on behalf of the King Lincoln Bronzeville Neighborhood Association against J. Kenneth Blackwell by Cliff Arnebeck and Bob Fitrakis to protect the election rights of blacks, young voters, and others whose voting rights were allegedly violated by irregularities in Ohio’s 2004 election process. A key point raised by the lawsuit is whether 11: 14 p.m. was the time at which SmarTech began to change the election results. “If you think about manipulating the election,” says Arnebeck, “it seems to me that SmarTech had to have a program that was guiding the way things had to be manipulated in order to win without being obvious.”...SNIP...


Is SmarTech involved again??




Unger, Craig (2012-09-04). Boss Rove (Kindle Locations 2640-2645). Simon & Schuster, Inc.. Kindle Edition.

[Columbus Free Press]

25. We have no information to indicate that Smartech is involved

election fraud technology has advanced greatly since 2004...

That being said we know we dont know everything yet

[SamKnause]

22. Ohio

I live in Ohio.

I a 59 year old female.

I was born and raised in Ohio.

I am sick of this state being used as a political football.

I am far left of the Democratic Party.

My beliefs are more in line with the Green Party.

I say that with pride.

I want this country to move forwards, not backwards.

I believe in opportunity and equality for ALL.

Why are MALE politicians making decisions for WOMEN ???

I will be voting for President Obama on November 6th.

Every vote in a swing state counts.

I am sick of the Republicans cheating.

I am sick of their campaign ads filled with lies and misinformation.

Where is our judicial system ?

Why can't we expect fair and honest elections in the United States of America ?

Why is no one protecting our rights to a fair and honest election.

Will this be a repeat of 2004 ????

Why has no one in the Republican Party been charged and jailed for voter tampering ???

Why hasn't the justice system been following this issue since the beginning of the campaign ???

We are told if we mail in our ballots they have a greater chance of not being counted.

If we vote in person our votes will be stolen by computer manipulation.

When is the RULE of LAW going to apply to those who want to squash the votes of the Democratic Party ????

What kind of people vote for KNOWN cheaters and liars ???

I do not know a single person who will be voting for Republicans.

The Republican Party is officially DEAD.

The have been over taken by the lunatic fringe, religious frauds, liars, traitors, and corporate suck-ups !!!!!

If the truth be known, I would wager 75% to 80% of all U.S. citizens are Progressives or Democratic voters.

When will our politicians be held accountable for signing pledges to Grover Norquist.

Who elected this man to control our politicians ???

Who gave Karl Rove his power to manipulate our elections ???

How did such a small fringe group steal our elections and take control of this country ????????????????????????????

[justiceischeap]

27. Our judicial system is being overtaken by the right

they pour big money into certain judicial races now so they have conservative Republics on the bench. If you have a chance, find the documentary "Hot Coffee" to see what plans they have for our judicial system.

[SamKnause]

28. Judicial system

Thanks for the suggestion.

I have seen the documentary 'Hot Coffee'. It was excellent !!!! I know why Republicans are always touting 'Tort Reform'.

Why aren't our Democratic politicians screaming at the top of their lungs about all of this fraud, suppression and voting machine rigging ?

Why aren't they getting law enforcement involved ?

It seems they are just sitting back and allowing this to happen.

It sickens me.

They better grow a spine and stop the Republicans or this country is done.

[NBachers]

24. Oh, shit, I'm hyperventilating with rage here

What the fuck am I going to do about this?

[Columbus Free Press]

30. if you are in Ohio

be an election monitor.

contact us at [e-mail]

if you are not in Ohio contact us anyway... there are other ways you can help

[AikidoSoul]

36. You can be an "election monitor", but not an "electron monitor"

Computers have invisible processes and the equipment and software are proprietary, protected by trade secret laws.

It's a totally scammable system.

[Wednesdays]

26. K & R

[Mc Mike]

33. West PA Dems & ES & S Ivotronics

I don't have the latest info on voting machine vendor contracts for all the other counties, but in the Dem heavy 9 county area of Western PA (the Democratic left under-arm of the 'T'), 6 counties used ES&S Ivotronics, (Allegheny, Butler, Beaver, Greene, Lawrence, and Westmoreland), 2 used Diebold Premier TSx (Armstrong and Washington), Fayette used Hart Intercivic E-Slate, in '08.

Only Allegheny and Lawrence went Dem in '08, which was a real erosion for the PA Dems' side. A big increase in suburban Philly Dem votes kept the state Dem. In Allegheny County (Pittsburgh area), we learned just before the '08 elections that the Elections Assistance Commission of the F.E.C. 'de-certified' the private Colorado company (SysTest), who had just certified our paperless ES&S machines days earlier. We still use the Ivotronics.

I had an e-mail correspondence with Prof. F. and Jason P. of FreePress about the issues at the time. The appointed Elections Division Manager was and is Mark Wolosik in Allegheny County. The Manager of the Voting Machines Section of the Allegheny County Elections Department is still John O'Brien, according to his current 'LinkedIn' profile.

Back then, O'Brien sure got mad at me for wondering whether having a County Tech come to our poll near the end of the voting day, to 'check the voltage' on all 5 machines from both precincts (when they weren't having any problems), by inserting the Master PEB carts -- whether that was a sound move in machine, or election integrity, protocol terms. In all my dealings and communications attempts with the elections department as a poll worker, I had never had such a rapid or negative response. But i just didn't want to see a vote total flip to Repug occur in this Dem strong-hold, leaving me (as majority inspector) liable for helping to steal the election for the bad guys. I could never live down being filmed in a perp walk for something like that. I wouldn't even try to steal it for OUR side.

I took Prof. Bob's advice in '08 and informed the Downtown Obama elections office personnel about it. This year, I've broached the subject with the South Side Obama elections office personnel, and Common Cause's 'volunteer voter's rights protection poll watch' organizer. I didn't inform Labor, because they mistakenly put me on the list for the NWPA area Labor Federation volunteers, instead of Pittsburgh and South West PA area, when I signed up to help them watch out for voters' rights at the polls. It doesn't matter, I can still watch the polls for us and identify myself as a labor member, anyway.

What Brad F. said on RT recently is right. The more we talk about this, the higher the turnout is for our side, and the less likely they will be able to steal it. Our side gets more energized from it, and the vote thieves also know we're watching, which scares them into remembrances of the perp walks of crooked repug elections personnel in OH, KY, MA, etc.

Anything fishy that I personally witness or can verify from first-hand testimony, I'll report to ALL the key election protection groups and indivduals. Thanks for your work, Free Press.

[Columbus Free Press]

34. This!!!!

"Back then, O'Brien sure got mad at me for wondering whether having a County Tech come to our poll near the end of the voting day, to 'check the voltage' on all 5 machines from both precincts (when they weren't having any problems), by inserting the Master PEB carts -- whether that was a sound move in machine, or election integrity, protocol terms."

That is FRAUD... right there... you saw it happen

You "check the voltage" with a multimeter. not by swapping memory cards.

[Mc Mike]

35. I still have the Tech's business card.

He didn't swap memory cards out. He used the master PEB (yellow coded) cart, for our precinct (Ward 19, Precinct 4), which is used for set up and break down the Ivotronic, instead of using the Supervisory PEB cart (the red coded voting cart). He nserted it to access the diagnostic tool. I watched the big mouthed repug poll worker from 19, 3 let him use her Master PEB cart and do it on her machines before he came over to our section of the polling place. I questioned him, got his card, and watched him access the diagnostic, and saw the pretty graphics of voltage dips and swells. (This was the '07 mayor's race, which led me to raise concern in the '08 training for the presidential election.) But I thought at the time that they could show me a 'Space Invaders' graphic if they wanted to, and still 'Check Voltage' = Vote flip.

I'm an electrician (IBEW Local Union 5), so I know how to check voltages, but we're not talking receptacle source voltage, instead it's internal machine voltage, and the Ivotronics lack a diagnostic port. At least our machines did, in the 5 elections where I set up and broke down the machines. At any rate, the orange light at the back of the machine, by the power strip, will light up to show that the machine is getting ac voltage instead of working off of battery voltage, as I was informed in my spring of '07 training, and none of the machines were experiencing trouble, so it seemed senseless to mess with them.

The young technician worked in IT for the Planning Division of the Allegheny County Economic Development Dept., and was pressed into service for tech trouble shooting for the elections division, during election day of '07. He was just obeying orders, and if anything sinister was occurring, may not have been in the know. Both precinct 3 and 4 went repug for mayor in '07, and Dems have a 24 to 7 edge in registered voters around here. The race went to the Dems, but our precincts didn't. Doesn't matter.

But I still have the tech's card, and a written record of O'Brien's day and time of call to me, and the number he called from, and a record of my calls to Common Cause's 866 MY VOTE 1 hotline, and PFAW's 866 OUR VOTE hotline, and correspondences with the LWV's Vote411 website, and Fitrakis and Wasserman's FreePress, and the rest.

I 'pre-complained' in '08 to everyone. Our county didn't wind up experiencing a vote flip to repug, so I didn't need to follow up with an actual complaint, after the election. For my pre-complaining efforts, despite running several prior flawless elections at 19, 4's poll, I was suddenly deluged by a ton of problems. I documented them all and still have the documentation, right down to the problem machine serial number. At the end of the '08 final election, there was no issue for which elections officials could fault my handling of the machines or polls, (and I also worked elections after that, without any difficulties). But I got the drift. Since I pointed out the possible problem, all of the sudden a bunch of problems popped up that I had to field, like I was getting tossed an increasing number of raw eggs to juggle, so they could say for the record, election problems come from Mike, instead of Mike says election problems come from them. They still didn't leave me with egg on my face.

[Firebirds01]

37. A guy on the Diane Rehm

show mentioned this story and the free press today on the show.