Spirit of Ma'at: "Sacred Geometry" — Vol 4 January 2004

Is Technology Stealing Our Votes?

by Billii Roberti




The Spirit of Ma'at has a policy of avoiding strictly political questions unless it seems that our basic freedoms are at issue. We report on the corruption in voting software because, of all things that could destroy our democratic system, this one potentially tops the list.

What we have learned is that some election software, especially that made by the Diebold company and at least three others, may be destroying — and perhaps intentionally destroying — the integrity of our voting system. If this is true (and since they won't let us look at the software, we must ASSUME that it's true), this election software must never be used again in the United States.

We feel that this thorough discussion of the issues by our News Correspondent, Billii Roberti, deserves your close attention.

For new developments concerning the information in this article, and links you may use to make your own voice heard, please see the sidebar to this article at Congress Responds.

On October 14, 2003, the London Independent published an exposé called "All the President's Votes?" Some American media outlets picked up the story, but it "has been treated as a technology or business story — not as a potential political scandal."[1]

At issue is the security and reliability of the new electronic voting machines, particularly those made by Diebold, which are becoming widespread across the country. Galvanized by the débacle in Florida in the 2000 election, officials have been searching for a better, more hi-tech method of counting the vote.

Does Touch-Screen Voting Really Work?

Even absent political hanky-panky, how reliable is electronic voting?

The Voting Technology Project, a joint venture of the Massachusetts Institute of Technology (MIT) and the California Institute of Technology (CalTech), performed a study to answer this question. This Project found DREs to be among the worst performing systems in existence for tabulating the vote.

"The problem is, computer touch-screen machines and other so-called DRE systems are significantly less reliable than punch cards," the Project states, "irrespective of their vulnerability to interference [editor's emphasis]."

The Voting Technology Project actually determined that hand counting of paper ballots was the most reliable system![2]

Bugs in the Software Itself

Even assuming the accuracy of touch-screen recording, researchers from the Information Security Institute at Johns Hopkins University in Baltimore discovered "stunning flaws" in the electronic election software they studied. These flaws included:

  • "putting the password in the source code, a basic security no-no;
  • "manipulating the voter smart-card function so one person could cast more than one vote; and
  • "other loopholes that could theoretically allow voters' ballot choices to be altered without their knowledge, either on the spot or by remote access."[3]

Diebold, the chief producer of election software, criticized the Johns Hopkins study as being full of assumptions. However, in a follow-up study on behalf of the State of Maryland, a group of computer security experts catalogued 328 software flaws, 26 of them critical, putting the whole system "at high risk of compromise."

"If these vulnerabilities are exploited," the Maryland report goes on to say, "significant impact could occur on the accuracy, integrity, and availability of election results."[4]

Evidence of Intent

Internal Diebold email leaked on the Internet suggests that "corporate officials knew their system was flawed, and circumvented tests that would have revealed these problems. The company hasn't contested the authenticity of these documents; instead, it has engaged in legal actions to prevent their dissemination."[5]

And recently, an in-house email at Diebold has been uncovered that declares the company's intent to make a paper-trail addendum to their system "prohibitively expensive" to the state.[6]

Reports of software flaws are disturbing, to say the least, when so many states are moving toward the use of electronic election software. Even more disturbing is that state officials have repeatedly agreed to terms that would effectively prevent their states from even questioning the performance of voting software.

In contracts with Diebold, Sequoia, and Election Systems & Software (ES&S), many states have already signed away their election supervision rights, agreeing that the vote count will be conducted, not by the State itself, but by the manufacturer of the voting software. According to the London Independent report, these contracts stipulated that the software be used "under a strict trade-secrecy contract that made it not only difficult but actually illegal — on pain of stiff criminal penalties — for the state to touch the equipment or examine the proprietary software to ensure the machines worked properly."[7]

This kind of contractual wording renders absolutely null the people's oversight of the voting process. In effect, as the situation now stands, election officials all around the country have simply handed over to corporations their responsibility for counting the vote.

That being the case, might it not be naive to assume that these corporations are disinterested in the outcome of the elections they have been delegated to supervise?

Suspicious Election Results Have Occurred

Signs of abuse in the electronic voting system have already been detected.

In Georgia, a traditionally Democratic state that relies exclusively on Diebold machines, Republicans tallied unprecedented upset victories in the 2002 elections. There were many anomalies in that 2002 vote. And although there was no hard evidence that the machines miscounted, there also was no proof — since there was no paper trail — that the machines counted correctly, either.

Rebecca Mercuri, a research fellow at Harvard's John F, Kennedy School of Government and a specialist in voting systems, points out, "It makes it really hard to show their product has been tampered with if it's a felony to inspect it."[8] But we don't need a Harvard fellow to come to this conclusion. A six-year-old could probably figure it out.

In an op-ed piece in the New York Times, Paul Krugman wrote, "Early this year Bev Harris, who is writing a book on voting machines, found Diebold software — which the company refuses to make available for public inspection, on the grounds that it's proprietary — on an unprotected server, where anyone could download it. (The software was in a folder titled <rob-Georgia.zip>!) The server was used by employees of Diebold Election Systems to update software on its machines. This in itself was an incredible breach of security, offering someone who wanted to hack into the machines both the information and the opportunity to do so."[9]

The Independent reported: "Georgia was not the only state last November to see big last-minute swings in voting patterns. There were others in Colorado, Minnesota, Illinois, and New Hampshire — all in races that had been flagged as key partisan battlegrounds, and all won by the Republican Party. Again, this was widely attributed to the campaigning efforts of President Bush and the demoralization of a Democratic Party too timid to speak out against the looming war in Iraq ... Strangely, however, the pollsters made no comparable howlers in lower-key races whose outcome was not seriously contested. Another anomaly, perhaps."[10]

Congressional Awareness

Rush Holt (D-NJ) was the first federal representative to address the issue of accountability when, on May 22, 2003, he introduced the "Voter Confidence and Increased Accessibility Act of 2003" (HR 2239). This bill requires digital voting machines to leave a voter-verified permanent record or hardcopy.[11]

And on December 9, 2003, Senator Hillary Clinton (D-NY) introduced the "Protecting American Democracy Act of 2003" (S 1980). This bill has been criticized, however, because its requirements could be fulfilled with a purely electronic voter verification process.

The Bottom Line

Given the intensity of political partisanship these days, and the opportunity provided by flawed electronic systems to corrupt the voting process, there is nothing paranoid in suggesting that political operatives, or corporations with vested interests, might engage in "dirty tricks."

As Krugman writes, "You don't have to believe in a central conspiracy to worry that partisans will take advantage of an insecure, unverifiable voting system to manipulate election results."[14]

When told that systems lacking these safeguards haven't caused problems, Rep. Holt has replied, "How do you know?"[15]


Congress Responds to the Electronic Voting Scandal

Since this article was first written for Spirit of Ma'at, there have been some interesting Congressional developments in response to the voting software situation.

  • In Ohio, problems have been found in electronic voting equipment that will prevent their being installed statewide for the 2004 presidential election. "Companies that tested the security systems of the four machine types," it was reported, "found software that permits votes to be counted more than once, and a risk that unauthorized poll workers or others could gain access to the system." And, "Identical passwords were discovered for more than one poll worker, while voting booth cases did not provide for locks, leaving a risk of tampering during transportation of ballots." For more information see Ohio Investigates Electronic Voting Machines.


  • Democratic presidential candidate Dennis Kucinich has joined with 50 other congressmen to address the issue of problems with electronic voting machines. "The potential voting problems, if we continue to use these untested software programs and voting machines, will make the disaster of Florida in 2000 look mild," Kuchinich said. "It is only through transparency and public awareness that we can reverse this dangerous trend of insecure voting." See further information at Kuchinich's website: Private Voting Machines; Private Interests and Voting Rights.


  • Sponsorship for Rep. Rush Holt's bill, which addresses the accountability of electronic voting, has gone from 50 to 94 and includes several Republicans. See Republicans Back E-Vote Bill. For a description of Holt's bill, HR 2239, requiring all voting machines to produce a voter-verified paper trail, see On Election Day 2004, How Will You Know if Your Vote Is Properly Counted? Answer: You Won't.


  • Senator Hillary Clinton also has a proposal before the Congress "to amend the Help America Vote Act of 2002 to require voter verification and improved security for voting system." This bill has been criticized as being insufficiently explicit, so that it would allow electronic, rather than hard-copy, verification of votes (the absence of a paper trail being the essential problem with extent electronic voting software). See, for example, Senator Clinton's E-Voting Bill Has Problems.

To read the full text of the Electronic Voting bills, go to Thomas Legislative Information on the Internet and submit the keywords HR 2239 (or S 1980 for the Senate bill) to the Search engine in the Bill Number field.

How You Can Help

These bills will need a LOT of visible, audible, intense support if they're going to be passed before the 2004 elections. You can help.

VerifiedVoting.org, founded by Stanford's David R. Dill, has provided petition software on its website. Dill, a professor of computer technology, has traveled the country lecturing on the perils of voting software. To sign his organization's petitions to Congress, go to the VerifidVoting.org website and scroll down to the "Action Alerts" section.

To make your opinion known through a website that enables direct input to your congressmen, go to TrueMajority.org.


Footnotes:

  1. Paul Krugman, Hack the Vote," New York Times, December 2, 2003.
  2. The London Independent, quoted at Voting Machine Rigging in US
  3. Ibid.
  4. Ibid.
  5. Krugman, op cit.
  6. See Diebold e-mail discusses price gouging Maryland.
  7. The London Independent, op. cit.
  8. Ibid.
  9. Krugman, op. cit.
  10. The London Independent, op. cit.
  11. Thomas' Legislative Information on the Internet
  12. Ibid.
  13. Holt Praises Senators
  14. Krugman, op. cit.
  15. The London Independent, op. cit.





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