ES&S reneges on Leon County deal 2 days before HAVA deadline
After pursuing Leon County for a full year, sending a contract, and
as the final test conducting a Leon County election on its equipment,
two ES&S executives shook hands on a $1.8 million deal with Leon
County Election Supervisor Ion Sancho. Right before the HAVA deadine
though, Election Systems & Software (ES&S) CEO Aldo Tesi abruptly
aborted the Leon County contract.
Leon County's Ion Sancho shook up the voting industry in December
when he authorized a security test which proved the Diebold system
can be hacked. In short order, Volusia County (FL) dumped Diebold,
hastily signing an agreement to purchase ES&S; St. Louis County (MO)
dropped its Diebold contract, the state of California refused to certify
Diebold (sending its machines back to federal testing labs) and the
state of Pennsylvania decertified the Diebold optical scan system.
California and Pennsylvania acted on the advice of their own
independent voting system examiners, who confirmed problems with
the code exploited by Finnish computer expert Harri Hursti to hack the
system in Leon County.
PRIVATIZATION & HAVA PUT ELECTIONS OFFICIAL'S HEADS IN A VISE
Privatization of the voting industry puts election officials in a tough spot.
Florida has authorized only three vendors to sell voting equipment (ES&S,
Sequoia and Diebold). However, because the vendors are private
corporations, they can choose to sell to whomever they want, refusing
customers at will.
Sequoia Voting Systems decided not to sell to customers in Ohio, saying
the number of sales available was not enough to make a profit. Hart Intercivic
chose not to sell to customers in North Carolina, forcing elections officials
there to buy only from ES&S.
ES&S decided to sell its machines to Volusia County, a new customer
about the same size as Leon County, while denying its machines to Leon
County. Nothing prevents a vendor from refusing to sell to counties deemed
too small to turn a profit, or to jurisdictions they simply don't like.
The federal Help America Vote Act (HAVA) denies funds to counties that
don't purchase voting machines, states dictate which vendors are approved,
and vendors dictate to whom they will sell.
WHO'S FIGHTING FOR THE BEST INTERESTS OF THE CITIZENS?
"It looks like I've got two bad actors to deal with [ES&S and Diebold], and
neither one of them is acting responsibly in my opinion. What do I do to serve
the best interests of the citizens of Leon County?" says Sancho. "HAVA has
forced us to purchase systems that in my opinion are not appropriate for citizens
to be voting on, but as Dickens says, 'The law is an ass.'"
BREACH OF CONTRACT OR EXTORTION?
Sancho's problems with Diebold accelerated after he allowed security tests,
revealing a problem with the GEMS central tabulator and the optical scan
memory card design. Dr. Herbert Thompson demonstrated on Feb. 14 and
May 2 last year that he was able to gain control of the "mother ship" – the
central tabulator that counts votes from all the precinct machines. Finnish
expert Harri Hursti demonstrated on May 26 that he was able to alter results
tapes using a rigged memory card, and on Dec. 13, rigged an entire mock
election from start to finish using a memory card.
ES&S had solicited Mr. Sancho in December 2004, but Sancho did not offer
an affirmative response. However, with HAVA deadlines looming, Diebold
was hitching their wagon solely to touch-screen voting, and in Florida, touch-
screens do not provide a paper trail. Sancho favored the AutoMark, a disability-
approved technology distributed by ES&S which does produce a paper ballot.
In June 2005, shortly after the May security tests by Thompson and Hursti,
Sancho approached ES&S to inquire about purchasing the AutoMark.
"I called ES&S and said, 'Can I get deep discounts over the price if I go with
AutoMark?' They crowed about it [the opportunity to do business]. They said
'Absolutely, both on our M100s [optical scan machines] and on the AutoMark.'"
Sancho began thinking even more seriously about dumping Diebold when, on
July 13 at 11:09 a.m. he received a letter warning him that Diebold would not
support his system if he purchased Automark for the disabled. In the state of
Illinois, Diebold apparently has not made the same threat, and on Jan. 9 this
year Illinois certified the AutoMark for use with Diebold optical scanners.
Matters got worse. Leon County was paying $6,000 a year for an active contract
with Diebold to provide software upgrades. The state of Florida had certified a
central tabulator upgrade, GEMS 1.18.19, in March 2005.
In August, Sancho was notifed that the city of Tallahassee was going to conduct
a referendum.
"I contacted Diebold and asked, 'Why haven't we receved 18.19?" Sancho says.
"I was placed on hold and then shifted to Michael Lindroos [the attorney for the
Diebold, Inc. board of directors].
"I asked Mr. Lindroos, I said 'We have a contract with you for the software, there
seems to be some stalling for the receipt of this software.' He directly told me
we would not receive the new software unless we signed a new contract.
"Now, I have a signed check here, Diebold cashed the check. They’re in breach
of their contract."
ES&S WAITS TILL THE LAST MINUTE TO DITCH
ES&S and Leon County proceeded ahead for the transition from Diebold to ES&S.
As the last step for the sale, Sancho told ES&S, "We’re going to require one test.
We'll use your equipment on November 17, and if it performs satisfactorily we'll
proceed. It performed well, and we received the contract. I spoke with Al Benek
(VP Operations) and Dick Fox (VP Accounting). ES&S invited our staff to join the
ES&S users group. We were treated as if we were already a member of the ES&S
community."
"Everything seemed copacetic. I told them we had their estimate and would they
cut off $50,000 off their estimate. Mr Fox said not a problem, Mr. Benek said not a
problem. We shook hands on the deal. They sent the contract back to ES&S for
the adjustment, and I waited to get it so I could cut the check.
Near the end of December, Sancho received a call from the Florida representative
for ES&S, telling him there was a problem.
"He said, 'You need to talk to the president,'" Sancho says. "I said certainly, I
volunteered to fly to Nebraska to directly talk to him face to face."
They ended up setting up a conference call. And on Dec. 29, just two days
before the HAVA deadline, Sancho got the final decision by way of a message
left on his voicemail.
Gary Crump, from ES&S, said in the recorded message that ES&S had made a
decision not to sell to Leon County, claiming that the resources of ES&S were
stretched to the limit and therefore they had decided only to sell to existing
customers, and customers they had been pursuing and involved with for a
long time.
Whatever. That doesn't explain why they just sold a system to Volusia County,
when it dumped Diebold on Dec. 17, nor why ES&S sold their system to a
number of other jurisdictions in the U.S.
"They praised Leon County as recognized as an industry leader but said 'We
just can't provide you the equipment,'" said Sancho. "Coming as it did at the
eleventh hour of the eleventh day, we are now subject to losing almost
$600,000 of HAVA monies, and ES&S chose not to fulfill approximately 1.8
million in sales."
This includes a decision to decline to sell the AutoMark, which may violate ES&S's
agreement with the makers of AutoMark.
EVIL FLOURISHES WHERE GOOD PEOPLE DO NOTHING
What's next? Sancho admits he's been on the front lines, and that it's no fun to
take bullets from the voting industry while he stands his ground on behalf of the
voters of Leon County. He's playing his cards close to the vest.
"We have made preliminary contacts with legal representatives of Diebold
pursuant to a number of issues," he says.
Ion Sancho is to be credited not only with taking a stand on behalf of his voters.
He has forced the voting machine vendors to show their true colors, and honest
elections officials throughout the country are struggling with untenable options.
America, if ever there was a time to stand shoulder to shoulder, and show
support of an American hero, this is the time.
The time has come for a congressional investigation with subpeona power and
testimony under penalty of perjury. This can be state or federal. Whoever gets
Diebold and ES&S and key figures in the certification process under oath first
will join Sancho in the history books.
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TRIPLE PROTECTION FOR ELECTION 2006 - STARTING NOW:
(1) All American Paper Chase
(2) Waste Archeology Watchdogs
(3) Candid America Project
HOW TO DO IT:
http://www.bbvforums.org/forums/messages/6/6.html
Black Box Voting is fighting for your right, as a citizen, to oversee your
elections. We are working on issues of voting machine security and accuracy,
timely production of key elections public records, and providing training and
consultation for citizens who want to get involved.
In 2006, we are emphasizing decentralized, autonomous citizen actions. It is
important for American citizens to re-learn how to act independently of any
organization. This is the best way for true citizen oversight to become a
national habit.
Do not expect any group, coalition, master plan or agenda to oversee your
local election. YOU are "We, the People." And take courage: There can be
nothing more daunting to any corrupt public official than an autonomous
ordinary citizen using his/her own common sense.
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NSA Used City Police to Track Peace Activists
By Douglas Birch
The Baltimore Sun
Friday 13 January 2006
Activists monitored on way to Fort Meade war protest, agency memos show.
The National Security Agency used law enforcement agencies, including the Baltimore Police Department, to track members of a city anti-war group as they prepared for protests outside the sprawling Fort Meade facility, internal NSA documents show.
The target of the clandestine surveillance was the Baltimore Pledge of Resistance, a group loosely affiliated with the local chapter of the American Friends Service Committee, whose members include many veteran city peace activists with a history of nonviolent civil disobedience.
Under various names, the activists have staged protests at the NSA campus off the Baltimore-Washington Parkway every year since 1996.
Since the Sept. 11 terrorist attacks, members of the group say, their protests have come under increasing scrutiny by federal and local law enforcement officials working on behalf of the NSA.
An internal NSA e-mail, posted on two Internet sites this week, shows how operatives with the "Baltimore Intel Unit" provided a minute-by-minute account of Pledge of Resistances' preparations for a July 3, 2004, protest at Fort Meade. An attorney for the demonstrators said he obtained the document through the discovery process from NSA.
"****UPDATE: 11:55 HRS. S/A V - - - - ADVISED THE PROTESTORS LEFT 4600 YORK ROAD EN ROUTE TO THE NSA CAMPUS ... S/A V - - - REPORTED FIVE OR SIX PEOPLE IN A BLUE VAN WITH BLACK BALLOONS, ANTI-WAR SIGNS AND A POSSIBLE HELIUM TANK," reported an internal NSA e-mail.
Later, those shadowing the peace group reported on their arrival at the NSA's Fort Meade headquarters.
"****UPDATE: 1300 HRS. THE SOC WAS ADVISED THE PROTESTORS WERE PROCEEDING TO THE AIRPLANE MEMORIAL WITH THREE HELIUM BALLOONS ATTACHED TO A BANNER THAT STATED "THOSE WHO EXCHANGE FREEDOM FOR SECURITY DESERVE IT, NEITHER WILL ULTIMATELY LOSE BOTH," the NSA's somewhat garbled account of the event reported.
Ellen E. Barfield, a veteran peace activist from Hampden, was one of three Pledge members detained and cited that afternoon, charged with creating a "disturbance." The charges were later dropped.
Barfield called the effort law enforcement agencies put into monitoring this act of civil disobedience "totally absurd."
"We have a history of nonviolence," she said. "We are absolutely no threat to anyone, and they know it. And they're wasting tons of money and tons of time doing this."
An agency spokesman said protests are routinely monitored by the NSA Police, who are responsible only for the installation's security, not the code breakers and eavesdroppers who monitor international electronic communications.
The only reference to technical information-gathering in the three public NSA documents - two e-mails and an internal "Action Plan" - is a reference in to an NSA employee's effort to check on the protesters' plans by browsing the Web.
"Security at NSA serves to protect the agency and its employees," NSA spokesman Don Weber said in a statement. "Like any security force, they maintain documentation to include activity logs and action plans used in response to potential activities impacting the agency.
"Furthermore, they partner with state, local and federal law enforcement agencies to assess these activities and the potential impact on the agency and its personnel," Weber continued. "All these activities are conducted in a lawful manner. The allegations that NSA is spying on local peace groups is simply not true."
James Bamford, a lawyer and journalist who has written two acclaimed books about the NSA, said the agency has a right to protect itself from external threats. "But it would be an entirely separate thing if the NSA tried to monitor communications" from the Baltimore anti-war group, using the agency's sophisticated technology.
There is no evidence this happened. But the documents have surfaced at a critical time for the NSA.
The New York Times reported in December that after Sept. 11, the NSA began monitoring the electronic communications of Americans suspected of contacts with terrorists, without first obtaining court orders. President Bush authorized the program in 2002 and has defended it as necessary to protect the nation.
Some legal analysts and administration critics say the agency's actions violate the 1978 Foreign Intelligence Surveillance Act.
In some ways, Independence Day weekend protests by members of the Baltimore Pledge of Resistance have become an annual ritual.
Every year, protesters demand to talk with NSA officials. Some try to slip in one of the entrances and get arrested. Even before Sept. 11, Bamford said, the NSA overreacted, "considering the scale of the protest."
An NSA e-mail contained in court files shows that before the Pledge of Resistance's Oct. 4, 2003, protest, which coincided with the agency's annual "family day" picnic, NSA relied on a detective working for the Baltimore Police Department's Criminal Intelligence Unit to monitor the demonstrators' movements.
That unit handles some of the city's most politically sensitive investigations, including threats to public officials.
The city detective, the 2003 e-mail said, "advised that they will have someone working this weekend who will scope out their departure from the American Friends Service Committee 4806 York Rd. Govans. The Baltimore City PD counterpart will give [name of an NSA official blacked out] a heads up as to the numbers departing from the Govans location."
The NSA e-mail regarding the July 2004 protest does not make clear who conducted that day's surveillance on the agency's behalf. While it refers to the "Baltimore Intel Unit," the chief of the city's Criminal Intelligence Unit, Major David Engel, said he had no record that any of his officers participated.
"We have absolutely nothing in our files related to it," he said, referring to the protest in 2004.
Max J. Obuszewski, a veteran Baltimore anti-war activist who works for the American Friends Service Committee, said protesters have been trying to publicize the two documents since they were released in Federal District Court in August 2004.
The NSA July 2004 e-mail and the NSA's "Action Plan" for the October 2003 protest were finally publicized this week by Kevin B. Zeese, a candidate for the US Senate from Maryland, on the Web sites "rawstory.com" and "democracyrising.us."
The NSA disclosed them as part of the discovery process in the prosecution of two Baltimore Pledge of Resistance members, Cynthia H. Farquhar and Marilyn Carlisle. Both were detained during the October 2003 protest and convicted of failing to obey a police officer's orders. They were fined $250, according to federal court records.
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