BREAKING: Oregon Sues ES&S, E-Vote Train Wreck on Course, PLUS: VIDEOS...

[BradBlog]

In my article just posted on Oregon as the latest state just to announce a lawsuit against an Electronic Voting Machine Company, I've taken the opportunity to list just a few of the other legal actions in states around the country concerning E-Voting issues. Hope it's useful. Other stuff so far today: the Ohio election official who predicts disaster this year, and, of course, more videos... Brad

LATEST E-VOTE LAWSUIT: Oregon Sues ES&S for Breach of Contract!
2006 Election 'Train Wreck' Continues as Company Fails to Meet Obligations in Yet Another State
Complaint Latest in Growing String of Legal Battles, HAVA-Related E-Voting Meltdowns Around the Country...

In the latest amongst a spate of lawsuits being filed against Electronic Voting Machine Companies around the country, the Oregon Sec. of State has announced today that they have filed a complaint against Election Systems & Software, Inc. (ES&S) for breach of contract in failing to provide the state with disabled-accessible voting machines, as promised, in time to meet the January 1, 2006 Help America Vote Act (HAVA) deadline.

The complaint, filed yesterday on behalf of the state of Oregon in Marion County Circuit Court, is summarized and linked in full, along with a statement from the SoS at the URL for this story posted below.

Amongst just some of the lawsuits and other legal proceedings now underway in light of HAVA implementation around the country (and, unfortunately, covered in full virtually exclusively by The BRAD BLOG)...

+ ALASKA: Democratic Party files suit against state to release Diebold voting data from 2004 Election.
+ CALIFORNIA: Voters file suit against SoS and Election Registrars to decertify Diebold machines.
+ FLORIDA: Leon County Supervisor of Elections begins legal action against Diebold for breach of contract after machines found to be hackable; Attorney General subpoenas Voting Machine companies in investigation of possible collusion.
+ ILLINOIS: Republicans ask for 20% recount after Sequoia machines fail in Cook County Primary Election; Democrat says he may file suit on behalf of both Republicans and Dems across state.
+ INDIANA: Sec. of State announces hearings, possible civil fines against ES&S.
+ MARYLAND: Republican Governor declares "no confidence" in paperless Diebold systems; Democratic-run House votes 137 to 0 to ban them.
+ NEW MEXICO: Voters file suit against state to decertify Sequoia machines; Legislation enacted outlawing paperless touch-screen systems.
+ NEW YORK: U.S. Dept. of Justice threatens state with lawsuit for HAVA non-compliance.
+ PENNSYLVANIA: Voters file suit against Allegheny County, PA and US Dept. of Justice in re: ES&S machines
+ TEXAS: Statewide Election Contest filed by Republican Supreme Court Justice after ES&S, Hart InterCivic machines failed across state in March 7th primary.

In addition to the state and county suits, a class action Securities Fraud complaint has been filed by shareholders against Diebold for, amongst other reasons, failing to disclose known problems with their electronic voting systems. Additional legal proceedings are currently in the works in several other states as well, The BRAD BLOG has learned, and so far we've only had two of 50 state primaries in 2006, the first year that HAVA kicks in in full...

COMPLETE STORY, LINKS TO SUITS MENTIONED ABOVE & FULL TEXT OF OREGON LAWSUIT:
http://www.bradblog.com/archives/00002714.htm

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Also today on BRAD BLOG...
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E-VOTE TRAIN WRECK ON COURSE: 'Optical-Scan Voting System Will Fail in May Primary' Predicts Election Official
Summit County, Ohio Elections Director Says He Can't Assume Anything Else
URL: http://www.bradblog.com/archives/00002710.htm

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VIDEO - SNL Spoofs Fox's Bill O'Reilly
URL: http://www.bradblog.com/archives/00002712.htm

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Feingold PAC Releases New Video on Warrantless Domestic Spying Issue
Twist Ending Highlights Bush Threat to American Values, Constitution...
URL: http://www.bradblog.com/archives/00002711.htm

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VIDEO - GOP Spin: Bush's Low Polls Actually 'Good News'
URL: http://www.bradblog.com/archives/00002709.htm

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---
Brad Friedman
THE BRAD BLOG - The uprising continues...
http://www.BradBlog.com
VELVET REVOLUTION - The revolution begins...
http://www.VelvetRevolution.us

[EFerrari]

1. Awesome! Thank you, Brad.

Go, Oregon!

:kick:

[insane_cratic_gal]

2. umm how is this good news?

They are filing a lawsuit due to breach of Hava.. or voting machines that are E voting machines! the hackable kind, the kind we don't want. Will this not just force Es&S to keep making crap e-voting machines? Which they claim they make for those who are handicapped under the guise of selling a republican owned privatized company?

Maybe it's just me but this doesn't seem like a good thing. It seems like a good excuse for Es&s and others to keep pushing their e-voting machines under the "hava or handicap"guise while succeeding in doing nothing but handicapping democracy?

But what do I know.

[EFerrari]

3. Agree, but If nothing else, it ties these bastards up in court and

forces them to divert resources to the suit.

[insane_cratic_gal]

5. True but I'd much rather have the choice of paper ballots

On a local level we just need to push for that option, the choice to not use these Privatized companies at all!

Why can't we just dial in like American idol? LOL.. perhaps the entire country would be more inclined to vote those who were handicapped would have a fair shake. Those who were african American wouldn't be disenfranchised or intimated, they wouldn't be forced to stand in the rain. They wouldn't be told to go to the next line 20 ft away because they were in the "wrong" district.

I know .. I know you'll point out the phone jamming scams, but those are traceable are they not? Our democracy is no safer in the hands of private companies, or punch cards, computers or fraud.

Or perhaps I've just gone bat shit crazy!

[EFerrari]

7. No, you're not crazy. You are right on. I'm grinding away

locally. It's a slow process but that's were it has to happen. It sure as hell won't happen in D.C.

[Peace Patriot]

8. Oregon is a special case. It has a PAPER BALLOT MAIL-IN voting system

throughout the state. I'm not sure how much crapass Republican voting technology is involved in their system (somebody, enlighten me)--I imagine it's minimal--but one of the ways that these rightwing Bushite corporations SOLD their crapass, election theft machines was by citing phony, bought and paid for, disabled groups' support for unverifiable, unaccountable electronic voting as somehow aiding the handicapped. (And, boy, are the disabled going to be sorry they let their groups do THAT! The Bushits who benefit from this Bushit voting technology are well known for their support of minority rights and empowerment, respect for others, and compassion!) (Not!)

Anyhoo...this is the irony of the Oregon suit: That, after destroying our election system, using handicapped voting rights as the excuse, these rightwing Bushite corporations can't even deliver for the handicapped!

The handicapped requirements of the "Hack America's Vote Act" are also a factor in Diebold/ES&S/Sequoia ganging up on one of the best election officials in the country, Ion Sancho in Florida. He tested Diebold optiscans; they failed the tests; he banned the machines, and then the OTHER two election theft corporations said they won't do business with Sancho on HAVA-compliant handicapped voting equipment. They are boycotting him--and rendering the elections in his county "non-compliant"--because he is honest! He can't be bribed. He can't be intimidated. He can't be lavishly lobbied. He doesn't want stinko Diebold technology running his county's elections. So they are PUNISHING him--via the handicapped.

The Oregon suit is great! It slices right into the heart of the problem: the phony excuse for forcing Bushite-controlled voting machines with "trade secret," proprietary programming code onto the states, with draconian deadlines for "compliance."

Go, Oregon! :applause: :applause: :patriot: :applause:

[Sinti]

4. Maybe this will actually snowball into real reform

Even the pukes are starting to see the monster. The guy in Maryland, who I wouldn't trust to park my car, was really vocally appalled at the unreliability of the machines. All the suits are not about handicapped access.

[stillcool]

6. wow...that list is impressive ...

almost enough to make me believe in god...or good orderly direction....making it happen...:toast: to hope!

[EFerrari]

9. I'll kick to that, stillcool

and :toast: to it, too.

[Pastiche423]

10. I am so confused

The only "machines" we have here (Oregon) are the optical scanners that scan our PAPER BALLOTS.

We do not go to a polling place to vote. We vote from the comfort of our homes, then drop off our sealed and sign ballots at pick up sites, or mail them in.

WTH was Bill doing in the 1st place wrt having a contract w/ES&S?

Can someone please educate me?

TIA

[Pastiche423]

11. Kicking because I need some educating, please

[crickets]

13. The optical scanners are just as hackable

--as the touch screen voting machines themselves. For example,

Q&A: E-voting systems hacker sees ‘particularly bad’ security issues

Diebold's response is typical, and includes the standard potential violations of licensing agreements and intellectual property rights whine. Their assessment that the hack was akin to “leaving your car unlocked, with the windows down and keys left in the ignition and then acting surprised when your car is stolen or the interior vandalized.” hits the nail on the head, but not the way in which they intended.

Former Voting Machine Vendor CEO Speaks Out Against The Industry

HTH.

[SoCalDem]

14. Someone actually has to open your envelope,

remove the ballot, and then feed it into a scanner. What if the scanner's internal gizmos are set to "count funny"?

let's say that it's programmed to count 4 democratic votes for every 7 republican votes.. :shrug:..

As long as the "difference" is "ooooh sooo close" it will not trigger a recount..

[Peace Patriot]

15. So, basically, Oregon's vote is as hackable as any other--because

of inadequate audits/recounts. The voting machines at issue in Florida--the ones Ion Sancho tested (that failed the tests and that he banned) were Diebold OPTISCANS, which Oregon uses to scan all the mail-in ballots. Ye gods!

[Wilms]

12. A few more on this thread. See Land Shark's posts.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x424599