March 02, 2006

Election Justice News Newsletter by Gary Beckwith

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Election Justice News
keeping you informed about the struggle for democracy in America
March 2006

Greetings patriots,

There are so many recent developments relating to the electronic voting machines, I can hardly keep up. Every time I start to write this newsletter, another big story breaks, and I have to start over. Even though the media continues to ignore us, it feels like the concern about electronic voting is starting to take root a little more in the mainstream world. More people are starting to realize there is a problem. And at the same time, the folks who have been working on this for years are starting to have an impact. But there is still much work to do.

Welcome to Solar Bus's Election Justice News. Since our last newsletter, democracy continues to hang by a thread, like a chad on a punchcard. But it seems to be a very strong thread, that won't let go.

In this newsletter:
Electronic voting machines headed to the Supreme Court
New independent study confirms Diebold optical scan machines can be rigged
California un-de-certifies Diebold... but...
Things are heating up in Pennsylvania too
New Mexico Lawsuit goes forward
Big Call To Action could result in Diebold subpeonas!
Diebold whistleblower faces charges
100,000 errors found in Palm Beach County, FL
More Diebold in the news...
New Jersey: Electronic Voting violates the Constitution
300,000 voters were purged from Ohio prior to '04 election
Governor of Maryland 'No Longer Has Confidence' in Diebold
Candidates to support
The MUST READ BOOK gets more attention... and not
National Election Data Archive releases "irrefutable evidence" that Ohio's 2004 election results were manipulated
Volusia County FL: new evidence shows manipulation of vote counts, memory card errors
Do you have your free Election Truth CD-ROM yet?
Need a laugh (or a hundred)?
Bob Ney: a central figure in multiple scandals, including election fraud

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Electronic voting machines headed to the Supreme Court

While the TV talk shows discuss the judges on American Idol, a patriotic and brave woman has quitely and single-handedly taken her concerns about electronic voting machines all the way to the real judges - on the US Supreme Court. This case could have far reaching affects on how elections are conducted throughout our country.

Lynn Landes, one of the pioneering reporters who first started writing about the voting machines, filed her case in federal court in Philadelphia in 2004 and it has now reached the Supreme Court. If they rule in her favor, it would turn electronic voting upside down, if not ban it.

Article about Lynn's case:
http://biz.yahoo.com/prnews/060130/phm029.html?.v=38&printer=1

The official lawsuit:
http://www.ecotalk.org/lawsuitSC.htm

Black Box Voting organization comments on the lawsuit:
http://www.bbvforums.org/cgi-bin/forums/board-auth.cgi?file=/1954/17790.html


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New Berkeley study confirms Diebold machines can be rigged, without any way of being detected

This new study lays it to rest. It is possible to rig the memory cards in a way that cannot be detected. A few quotes from the report:

"This report summarizes the results of our review of some of the source code for the Diebold AV-OS
optical scan (version 1.96.6) and the Diebold AV-TSx touchscreen (version 4.6.4) voting machines.

"Memory card attacks are a real threat: We determined that anyone who has access to a
memory card of the AV-OS, and can tamper it (i.e. modify its contents), and can have
the modi ed cards used in a voting machine during election, can indeed modify the election
results from that machine in a number of ways. The fact that the the results are incorrect
cannot be detected except by a recount of the original paper ballots.

" [we found] 16 bugs in the implementation of the AccuBasic interpreter for the AV-OS. ... they could allow an attacker to completely control the behavior of the AV-OS. An attacker could change vote totals, modify reports, change the names of candidates, change the races being voted on, or insert his own code into the running rmware of the machine.

Get the full report, and show it to others, like your state's Director of Elections perhaps:
http://www.solarbus.org/election/docs/security_analysis_of_diebold.pdf


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California un-de-certifies Diebold... but...

California is one of several states where the Diebold and electronic voting controversy is reaching a boiling point. It all started when the famous Hursti Hack in Florida caused the California Secretary of State to decertify Deibold, and call for a third party review of their software code. Then recently, Secretary McPherson reversed the decision, certifying Diebold in the State.

Then Debra Bowen, the Chair of Senate Elections Committee issued a statement saying the certification is in violation of the law. And since then she has written a letter directly to McPherson, strongly urging him to reverse his decision again, and accusing him of breaking the law. Could it get any hotter? Read on...

http://www.bradblog.com/archives/00002463.htm

Now, Senator Bowen has launched campaign asking people to email the Secretary of State and demand he de-certify the Diebold machines:

http://ga3.org/campaign/diebold

stay tuned... this story isn't over.

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Things are heating up in Pennsylvania too

Organized citizens in Pennsylvania are doing everything they can to block the purchase of Diebold (and other electronic) systems. They are facing fierce opposition from the "powers to be."

Citizens file lawsuit against electronic voting machines
http://www.votepa.us/newsarchive/westmoreland-suit-timeline.html

Second group sues PA Secretary of State
http://www.post-gazette.com/pg/06031/646967.stm

Allegheny County PA (Pittsburgh) passes motion AGAINST DIEBOLD
http://legistar.county.allegheny.pa.us/detailreport/?key=3096

U.S. Justice Department threatens to sue Pennsylvania
http://www.post-gazette.com/pg/06055/660496.stm

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New Mexico: Lawsuit goes forward

New Mexico District Judge Eugenio Mathis authorized the plaintiff voters in Lopategui v. Vigil-Giron, et al. to proceed with the collection of evidence and preparation for a trial in which plaintiffs will seek a permanent injunction against use of inaccurate and unreliable electronic voting machines in New Mexico elections.
http://votetrustusa.org/index.php?option=com_content&task=view&id=804&Itemid=113


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Big Call To Action could result in Diebold subpeonas!

As Bev Harris from Black Box Voting writes, "We believe grass roots calls to action lose their punch when overused. We have waited until now because, like the Black Box Voting Hursti project, we know THIS effort is highly strategic and can create real change, quickly ... it has national implications."

Enough said? Please read the ACTION ITEM and JUST DO IT:
http://www.solarbus.org/election/articles/060301-action.shtml


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Diebold whistleblower faces charges

A whistleblower in Los Angeles is in legal trouble and needs our help. In 2004, Stephen Heller exposed documents which provided smoking gun evidence that Diebold was using illegal, uncertified software in California voting machines. The docs also showed that Diebold's California attorneys (the powerful international law firm Jones Day) had told them they were in breach of the law for using uncertified software, but Diebold continued to use the uncertified software anyway. When Heller showed the documents to the Secretary of State, the Diebold machines were immediately decertified.

Diebold, the true criminal in this case, and their powerful international law firm Jones Day, have now pressed the L.A. District Attorney's office to hit Heller with 3 felonies, because of what he did.

People are asked to contact the LA District Attorney's office and to drop the charges on this patriotic person.

Fore more information, and how you can help:


Whistleblower Charged With Three Felonies for Exposing Diebold's Crimes
http://www.huffingtonpost.com/peter-soby-jr/whistleblower-charged-wit_b_16411.html

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100,000 errors found in Palm Beach County, FL

An examination of Palm Beach County's electronic voting machine records from the 2004 election found possible tampering and tens of thousands of malfunctions and errors, a watchdog group said Thursday.

Associated Press article:
http://tinyurl.com/sybm2

Black Box Voting, who found the errors, comments:
http://tinyurl.com/ggq7v

Brad Friedman comments:
http://www.bradblog.com/archives/00002466.htm

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More Diebold in the news...

How could we have a newsletter without an entire section devoted to Diebold, that sleezy, Republican owned voting machine company, whose CEO promised to help deliver Ohio to Bush.

The company continues to face several lawsuits, alleging fraud on many fronts, but none (yet) that relate to voting machines directly. In addition, several states are "calling their bluff" and asking them to reveal their software code. Several voting districts, and possibly full states, appear on the verge of de-certifying some or all of their voting machines. Some of the key developments with America's favorite secret vote counting company:

Diebold machines produce more votes than voters in Ohio, resulting in re-vote
http://www.bradblog.com/archives/00002379.htm

Under pressure in Alaska, Diebold agrees to a limited view of their central tabulator code.
Brad Blog reports: http://www.bradblog.com/archives/00002385.htm
Black Box Voting: http://www.bbvforums.org/forums/messages/1954/17793.html

New information about Diebold's convicted felon who wrote the vote counting software code, including evidence he may have written some of the code while still in prison:
http://www.bbvforums.org/forums/messages/2197/17789.html

The Harri Hursti Hack and its Importance to our Nation
this is a MUST READ article:
http://tinyurl.com/cs6hc

"Hursti Hack" has ripple effects.
Last December, successful mock election hack in Leon County, Florida revealed there was banned "executable code" on the memory cards of a Diebold optical scan machine. The Elections Director then banned the machines and stated that he suspects the 2004 election was manipulated. (see http://www.bradblog.com/archives/00002168.htm) Other states have taken note, and action. California has demanded that the code on all Diebold machines be inspected by a third party before the machines are certified. An elections official in Maryland who used to be a strong supporter of Diebold has written to the company demanding answers.
http://tinyurl.com/8t4xe
Two counties in Florida drop Diebold:
http://itmanagement.earthweb.com/columns/executive_tech/article.php/3571926

Stop Diebold Action item:
If you live in a state with Diebold machines, contact your Secretary of State office and ask if your system is in compliance with Federal Elections Commission 2002 Voting System Standards, section 4.2.2. This standard clearly states that the executable code that was found by the Hursti hack is non-compliant because of the huge security risk it creates. You can find the documentation here:
http://www.eac.gov/election_resources/v1/v1s4.doc


Class action lawsuit against Deibold for security fraud continues
https://www.lawyersandsettlements.com/case/diebold_securities_classaction_erisa

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New Jersey: Electronic Voting violates the Constitution

The Constitutional Litigation Clinic at Rutgers School of Law in Newark, NJ has announced that all electronic voting machines used in New Jersey may violate New Jersey's Constitution and election laws. The lawsuit challenges the ability of New Jersey’s electronic voting machines to count votes accurately, and in accordance with election laws. The lawsuit is the first in the nation to successfully challenge electronic voting machines, and would have far reaching affects on other states. More info:

Press release from Rutgers School of Law: http://tinyurl.com/8n4z2


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300,000 voters were purged from Ohio prior to '04 election

The evidence of fraud in Ohio '04 continues to pour in, even years later. In this latest report from Free Press, investigators reveal that over 300,000 voter registrations were dropped, focused in Democratic strongholds like Toledo, Cincinnati, and Cleveland:
http://www.freepress.org/departments/display/19/2006/1832

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Governor of Maryland 'No Longer Has Confidence' in Diebold

In the letter sent by Maryland's Republican governor Robert L. Ehrlich, Jr. to the State Board of Elections on Wednesday, he declares that he "no longer [has] confidence in the State Board of Elections’ ability to conduct fair and accurate elections in 2006."

Citing the "widespread national concern about the reliability and security of electronic voting systems," the decertification and denial of certification of Diebold around the country, and the need to "get aggressive in responding to citizens' concerns over public confidence in the elections system," Ehrlich says it's time to demand paper ballots once again in the State of Maryland.

http://www.bradblog.com/archives/00002431.htm

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Candidates to support

The Solar Bus would like to express support for candidates that recognize the problems we face with electronic voting. We would also like to encourage all candidates to take this issue on, and voters to encourage the candidates to do so. Please support the following candidates because they will fight to fix these problems:

Bob Fitrakis, for Governor of Ohio: http://www.bobforohio.com/
Pat LaMarch, for Governor of Maine: http://www.pat2006.com/
Kevin Zeese, for US Senator, Maryland: http://kevinzeese.com/
Dennis Morrisseau, US Congress, Vermont: http://www.2ltmorrisseau.com/
John Bonifaz, Secretary of State, Mass: http://johnbonifaz.com/
Clint Curtis, US Congress, Florida: http://clintcurtis.com

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The MUST READ BOOK gets more attention... and not

Mark Cripsin Miller is a seasoned and well respected author. He's an NYU professor who has written several popular books including "The Bush Dyslexicon," and he's made the rounds on talk shows many times before. But this time it's different. With his new book "Fooled Again: How the Right Stole the 2004 Election and why they'll do it again unless we stop them," Mark has seen an odd pattern developing. He's welcome on Air America Radio and has been interviewed by several of the talk show hosts. But even though his book is very well researched and contains truthful and important information, NPR is avoiding him like the plague. They won't even allow underwriters to mention his book. This is consistent with NPR's policy of not discussing the electronic voting machine controversy, ever since the 2004 election took place. Could it have something to do with the fact that the NPR board of directors now consists of mainly Bush appointees? We can only wonder. Overall the book is getting exposure but not as much as it should. So consider calling your favorite talk show host and asking them to have Mark as a guest.

More on the book: http://www.solarbus.org/store/election.shtml#fooledagain
Listen to a radio interview with Mark Crispin Miller: http://tinyurl.com/nzap4
Printed interview on GNN: http://www.gnn.tv/articles/2113/Fooled_Again


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National Election Data Archive releases "irrefutable evidence" that Ohio's 2004 election results were manipulated
The National Election Data Archive (NEDA) is the first mathematical team to release a valid scientific analysis of the precinct-level 2004 Ohio presidential exit poll data "The Gun is Smoking: 2004 Ohio Precinct-level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount." The analysis is based on the most accurate statistical method yet devised for determining whether exit poll error, random variations, or vote count manipulation cause the discrepancies between exit polls and official vote tallies.
Press release: http://www.prweb.com/releases/2006/1/prweb333209.php
Report: http://electionarchive.org/ucvAnalysis/OH/Ohio-Exit-Polls-2004.pdf


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Volusia County FL: new evidence shows manipulation of vote counts, memory card errors:
http://www.bbvforums.org/forums/messages/2197/15675.html


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Do you have your free Election Truth CD-ROM yet?
If you don't have it yet, you need to get your copy of the free CD-ROM on election fraud. It contains over 2 hours of videos detailing the problems with electronic voting and election fraud. Also hundreds of pages of documentation. It was recently updated to include a great interview with author Mark Crispin Miller. Once you have a copy you can make more copies for your friends and your local election officials. You can download it for free, or have a copy mailed to you for just $2 to cover the shipping. More info here:
http://www.solarbus.org/election/cd

We should also mention that the new film "Electile Dysfunction" is a great way to educate yourself and your friends about this important subject. Pick up a copy in our online store:
http://www.solarbus.org/store/election.shtml#ed

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Need a laugh (or a hundred)?

Solar Bus has collected 100 of the funniest photos of Bush. Some are obviously not authentic, but you're guaranteed to laugh.
http://www.solarbus.org/politics/bushphotos


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Bob Ney: a central figure in multiple scandals, including election fraud

US Representative Bob Ney (R-Ohio) is emerging as a scandal magnet. If there's funny business going on, chances are he's involved. Ney is considered one of the key targets of the Abramoff investigation and will likely be indicted soon. Ney is also one of the writers of HAVA (the help America Vote Act), the purpose of which was, as Robert F. Kennedy recently said, not to help America vote, but to help America purchase Diebold voting machines. Well new information reveals that one of his former staffers was paid $180,000 by Diebold. Strange coincidence? I think not. It has also been recently discovered that Diebold paid money to Abramoff. What a tangled web they weave.

Brad Blog reports: http://bradblog.com/archives/00002261.htm

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this newsletter can be found online here:
http://www.solarbus.org/newsletters

FOR MORE INFORMATION ON THE ELECTRONIC VOTING CONTROVERSY:
http://election.solarbus.org


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