Ohio poll workers convicted
From the Associated Press
January 25, 2007
CLEVELAND ? Two election workers were convicted Wednesday of rigging a recount of the 2004 presidential election to avoid a more thorough review in Ohio's most populous county.
Jacqueline Maiden, elections coordinator of the Cuyahoga County Elections Board, and ballot manager Kathleen Dreamer each were convicted of a felony count of negligent misconduct by an elections employee. They also were convicted of one misdemeanor count each of failure to perform their duty as elections employees.
Prosecutors accused Maiden and Dreamer of secretly reviewing preselected ballots before a public recount on Dec. 16, 2004. They worked behind closed doors for three days to pick ballots they knew would not cause discrepancies when checked by hand, prosecutors said.
Ohio gave President Bush the electoral votes he needed to defeat Democratic Sen. John F. Kerry in the close election and hold on to the White House in 2004.
Maiden and Dreamer will be sentenced Feb. 26.
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Saturday, January 27, 2007
Thursday, January 25, 2007
Let's Not Roll Over and Go to Sleep Yet, NY! News from Bo Lipari
Introduction by Bo Lipari, Executive Director, NYVV
New York, Ciber and the EAC
The full text of Doug Kellner's email follows the introduction
Albany, NY January 25, 2007
At the New York State Board of Elections meeting on January 23, 2007 Commissioners Kellner and Aquila came out strongly for issuing a subpoena to the EAC and Ciber to force them to give up any information and paper work they have related to Ciber's failure to be accredited. This has resulted from Ciber and the EAC's refusal thus far to offer any information to the State of New York about the problems reported by the New York Times. As I've reported earlier, the State Board had told Ciber earlier this month to officially halt New York's certification testing until the situation is clarified. Unfortunately, Commissioner Helena Donohue would not support issuing a subpoena this week, asking instead that the Board give Ciber until the next Commissioner's meeting in two weeks.
Ciber has further shown their indifference to full disclosure - they recently claimed proprietary confidentiality rights on a four page document they presented to the State Board concerning their interpretation of the COTS software testing requirements, another point where New York State is demanding strict compliance to regulations.
Voting integrity advocates have long called attention to the fact that the so-called "Independent Testing Authorities" are neither independent, conduct rigorous tests, or are in any sense of the word authorities. Rather, they have operated in a closed loop system with the voting machine vendors, and have used the lack of independent oversight to give us the sham that is our country's voting machine testing process. But here in New York State, Ciber is working not for the vendors, but for citizens. And Ciber has consistently shown that they are incapable of providing the level of competency we demand. New York State, by requiring compliance with the highest current standards and through the oversight of a truly independent security review team, has exposed the dirty little secret of the voting machine vendors and the testing labs - their shoddy work does not serve the interests of voters or the public good.
New York State Commissioner Douglas Kellner has issued an email to the public detailing much of what New York has found out. His outrage at the failures of Ciber and the EAC to provide essential information to New York are evident, and at yesterday's meeting he announced that New York must consider immediately terminating Ciber's contract. I concur with Commissioner Kellner when he concludes:
"New York should take a stand to end the veil of secrecy that shrouds the testing process."
The voting machine vendors and testing agencies have had the run of things too long. It's time for a change.
-Bo Lipari
Executive Director
New Yorkers for Verified Voting
Below is the email from Doug Kellner. Feel free to distribute.
From: Doug Kellner
Sent: Wednesday, January 24, 2007 12:46 AM
Subject: New York, Ciber and the EAC
On January 4, 2007, the New York State Board of Elections voted to suspend Ciber from further testing of voting systems submitted to the New York State board for certification pending a thorough review of Ciber?s accreditation status. We also addressed requests to both the Election Assistance Commission and to Ciber for all of the relevant documents and reports concerning Ciber?s application to the EAC for accreditation as a testing laboratory.
Much to our surprise (well, maybe I?m not really surprised), EAC has still not provided any of the background documentation that we have requested. While giving lip service acknowledgement of our request, Tom Wilkey, now Executive Director of the US EAC and former Executive Director of the New York State Board of Elections, has completely stonewalled us. The New York State board felt compelled to make a formal Freedom of Information Act request. Mr. Wilkey?s only response so far is that the EAC is reviewing the issue and is deciding how to respond.
This failure to provide relevant information to a state agency, the first in the country to require testing to the 2005 standards, is truly outrageous and scandalous. Not only does it further delay New York?s efforts to come into compliance with the Help America Vote Act, it seriously prejudices the five voting system vendors who have made such a substantial investment in trying to obtain certification to the rigorous standards set by New York. In addition to requiring compliance with VVSG 2005, New York law requires a voter verifiable paper audit trail, prohibits devices or functionality potentially capable of internet, radio or wireless data communication, requires escrow of all software including source codes and authorizes disclosure in court proceedings; our regulations require full disclosure of all political contributions by vendors and their executives and set several other standards that are more rigorous than the VVSG.
While there is general agreement at the New York State Board that we should be looking to the EAC to assist and guide us in our investigation, we also made a formal request to Ciber for the same information. After all, they do hold a $3 million contract from our agency. There has been nothing but similar stonewalling from Ciber. Ciber?s last communication regarding our information request was that they were trying to co-ordinate a response with the EAC.
What?s going on here? Both the EAC and the unaccredited testing lab are refusing to open the curtain that hides their soiled laundry. Co-ordination of the response suggests that we are only going to receive a laundered version of the facts.
I have also become increasingly annoyed with Ciber?s use of the label ?confidential competition-sensitive? on reports that they have prepared for our agency at our expense. You may recall that in November I circulated for comments Ciber?s first draft of their report to explain New York?s interpretation of the exceptions to the exemption from testing of Commercial Off the Shelf (COTS)software that is used in the voting machine itself as opposed to election management software that does not generate code used in the actual voting process. (Yes, ?exception to the exemption? is a double negative that means that the COTS source code must be tested in those cases.)
Ciber was apparently miffed that I dared to subject the advice that they furnished to New York to public scrutiny. They added the ?confidential competition sensitive? label to the second draft. I objected and requested that they remove the label. Ciber said they?d think about it, but ignored my request. When I received the final document that had been approved by both Ciber and our independent security review consultants, New York State Technical Enterprise Corp. (NYSTEC), I insisted that I be allowed to make the document public. Ciber balked. When I renewed what had become demands, Ciber?s attorney?yes their attorney?revised the technical report that the ?experts? at Ciber and NYSTEC had determined to be final and said that he would not object to release of that report. (I have distributed that report, known as COTS Testing Version 4 to many). I then asked for an explanation why Version 3, the ?final? report was still labeled confidential. I also gave formal notice that I would ask the commissioners to release the report. Last night Ciber?s in-house attorney wrote me that he agreed that there was nothing in the ?final? report that was properly labeled competition sensitive. The New York commissioners voted the make the Version 3 ?final? COTS report public today. I will send copies of Version 3 to the technical blogs and anyone else who requests it. I am still distressed, however, at Ciber?s efforts to stiffle discussion of the issue by improperly claiming confidentiality.
At today?s meeting of the New York State elections commissioners, while everyone deplored the stonewalling by EALC and Ciber, I requested authority to issue a subpoena to Ciber for all of the documents that we have requested. Republican Commissioner Helena Donohue blocked the subpoena by arguing that we should give Ciber additional time to respond to our request voluntarily. She said that she would reconsider issuing a subpoena at our next meeting scheduled for February 7.
In view of the collaboration between the EAC and Ciber, I am determined that we should not accept partial disclosure. New York should take a stand to end the veil of secrecy that shrouds the testing process.
Douglas A. Kellner
Co-Chair
New York State Board of Elections
New Yorkers for Verified Voting is a program of International Humanities Center, a nonprofit organization under Section 501(c)(3) of the IRS Code.All donations are tax deductible.
New Yorkers for Verified Voting
Bo Lipari
Executive Director
contact@nyvv.org
New York, Ciber and the EAC
The full text of Doug Kellner's email follows the introduction
Albany, NY January 25, 2007
At the New York State Board of Elections meeting on January 23, 2007 Commissioners Kellner and Aquila came out strongly for issuing a subpoena to the EAC and Ciber to force them to give up any information and paper work they have related to Ciber's failure to be accredited. This has resulted from Ciber and the EAC's refusal thus far to offer any information to the State of New York about the problems reported by the New York Times. As I've reported earlier, the State Board had told Ciber earlier this month to officially halt New York's certification testing until the situation is clarified. Unfortunately, Commissioner Helena Donohue would not support issuing a subpoena this week, asking instead that the Board give Ciber until the next Commissioner's meeting in two weeks.
Ciber has further shown their indifference to full disclosure - they recently claimed proprietary confidentiality rights on a four page document they presented to the State Board concerning their interpretation of the COTS software testing requirements, another point where New York State is demanding strict compliance to regulations.
Voting integrity advocates have long called attention to the fact that the so-called "Independent Testing Authorities" are neither independent, conduct rigorous tests, or are in any sense of the word authorities. Rather, they have operated in a closed loop system with the voting machine vendors, and have used the lack of independent oversight to give us the sham that is our country's voting machine testing process. But here in New York State, Ciber is working not for the vendors, but for citizens. And Ciber has consistently shown that they are incapable of providing the level of competency we demand. New York State, by requiring compliance with the highest current standards and through the oversight of a truly independent security review team, has exposed the dirty little secret of the voting machine vendors and the testing labs - their shoddy work does not serve the interests of voters or the public good.
New York State Commissioner Douglas Kellner has issued an email to the public detailing much of what New York has found out. His outrage at the failures of Ciber and the EAC to provide essential information to New York are evident, and at yesterday's meeting he announced that New York must consider immediately terminating Ciber's contract. I concur with Commissioner Kellner when he concludes:
"New York should take a stand to end the veil of secrecy that shrouds the testing process."
The voting machine vendors and testing agencies have had the run of things too long. It's time for a change.
-Bo Lipari
Executive Director
New Yorkers for Verified Voting
Below is the email from Doug Kellner. Feel free to distribute.
From: Doug Kellner
Sent: Wednesday, January 24, 2007 12:46 AM
Subject: New York, Ciber and the EAC
On January 4, 2007, the New York State Board of Elections voted to suspend Ciber from further testing of voting systems submitted to the New York State board for certification pending a thorough review of Ciber?s accreditation status. We also addressed requests to both the Election Assistance Commission and to Ciber for all of the relevant documents and reports concerning Ciber?s application to the EAC for accreditation as a testing laboratory.
Much to our surprise (well, maybe I?m not really surprised), EAC has still not provided any of the background documentation that we have requested. While giving lip service acknowledgement of our request, Tom Wilkey, now Executive Director of the US EAC and former Executive Director of the New York State Board of Elections, has completely stonewalled us. The New York State board felt compelled to make a formal Freedom of Information Act request. Mr. Wilkey?s only response so far is that the EAC is reviewing the issue and is deciding how to respond.
This failure to provide relevant information to a state agency, the first in the country to require testing to the 2005 standards, is truly outrageous and scandalous. Not only does it further delay New York?s efforts to come into compliance with the Help America Vote Act, it seriously prejudices the five voting system vendors who have made such a substantial investment in trying to obtain certification to the rigorous standards set by New York. In addition to requiring compliance with VVSG 2005, New York law requires a voter verifiable paper audit trail, prohibits devices or functionality potentially capable of internet, radio or wireless data communication, requires escrow of all software including source codes and authorizes disclosure in court proceedings; our regulations require full disclosure of all political contributions by vendors and their executives and set several other standards that are more rigorous than the VVSG.
While there is general agreement at the New York State Board that we should be looking to the EAC to assist and guide us in our investigation, we also made a formal request to Ciber for the same information. After all, they do hold a $3 million contract from our agency. There has been nothing but similar stonewalling from Ciber. Ciber?s last communication regarding our information request was that they were trying to co-ordinate a response with the EAC.
What?s going on here? Both the EAC and the unaccredited testing lab are refusing to open the curtain that hides their soiled laundry. Co-ordination of the response suggests that we are only going to receive a laundered version of the facts.
I have also become increasingly annoyed with Ciber?s use of the label ?confidential competition-sensitive? on reports that they have prepared for our agency at our expense. You may recall that in November I circulated for comments Ciber?s first draft of their report to explain New York?s interpretation of the exceptions to the exemption from testing of Commercial Off the Shelf (COTS)software that is used in the voting machine itself as opposed to election management software that does not generate code used in the actual voting process. (Yes, ?exception to the exemption? is a double negative that means that the COTS source code must be tested in those cases.)
Ciber was apparently miffed that I dared to subject the advice that they furnished to New York to public scrutiny. They added the ?confidential competition sensitive? label to the second draft. I objected and requested that they remove the label. Ciber said they?d think about it, but ignored my request. When I received the final document that had been approved by both Ciber and our independent security review consultants, New York State Technical Enterprise Corp. (NYSTEC), I insisted that I be allowed to make the document public. Ciber balked. When I renewed what had become demands, Ciber?s attorney?yes their attorney?revised the technical report that the ?experts? at Ciber and NYSTEC had determined to be final and said that he would not object to release of that report. (I have distributed that report, known as COTS Testing Version 4 to many). I then asked for an explanation why Version 3, the ?final? report was still labeled confidential. I also gave formal notice that I would ask the commissioners to release the report. Last night Ciber?s in-house attorney wrote me that he agreed that there was nothing in the ?final? report that was properly labeled competition sensitive. The New York commissioners voted the make the Version 3 ?final? COTS report public today. I will send copies of Version 3 to the technical blogs and anyone else who requests it. I am still distressed, however, at Ciber?s efforts to stiffle discussion of the issue by improperly claiming confidentiality.
At today?s meeting of the New York State elections commissioners, while everyone deplored the stonewalling by EALC and Ciber, I requested authority to issue a subpoena to Ciber for all of the documents that we have requested. Republican Commissioner Helena Donohue blocked the subpoena by arguing that we should give Ciber additional time to respond to our request voluntarily. She said that she would reconsider issuing a subpoena at our next meeting scheduled for February 7.
In view of the collaboration between the EAC and Ciber, I am determined that we should not accept partial disclosure. New York should take a stand to end the veil of secrecy that shrouds the testing process.
Douglas A. Kellner
Co-Chair
New York State Board of Elections
New Yorkers for Verified Voting is a program of International Humanities Center, a nonprofit organization under Section 501(c)(3) of the IRS Code.All donations are tax deductible.
New Yorkers for Verified Voting
Bo Lipari
Executive Director
contact@nyvv.org
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