North Carolina Illegally Certifies Diebold E-voting System. Board of Elections Ignores Rules to Escrow Code, Identify Programmers
Raleigh, North Carolina - The North Carolina Board of Elections
certified Diebold Election Systems to sell electronic voting equipment
in the state yesterday, despite Diebold's repeated admission that it
could not comply with North Carolina's tough election law. The
Electronic Frontier Foundation (EFF) believes that this raises
important questions about the Board of Elections' procedures as well as
the integrity of Diebold's bid for certification.
In all, three companies were certified for e-voting in North
Carolina: Diebold, Sequoia Voting Systems, and Election Systems &
Software. However, Keith Long, an advisor to the Board of Elections who
was formerly employed by both Diebold and Sequoia, has said that "none
of them" could meet the statutory requirement to place their system
code in escrow. Instead of rejecting all applications and issuing a new
call for bids as required by law, the Board chose to approve all of the
applicants.
"The Board of Elections has simply flouted the law," said EFF Staff
Attorney Matt Zimmerman. "In August, the state passed tough new rules
designed to ensure transparency in the election process, and the Board
simply decided to take it upon itself to overrule the legislature. The
Board's job is to protect voters, not corporations who want to obtain
multi-million dollar contracts with the state."
Last month, Diebold obtained a broad temporary restraining order
that allowed it to evade key transparency requirements without criminal
or civil liability. The law requires escrow of the source code for all
voting systems to be certified in the state and identification of
programmers. Diebold claimed that it could not comply because of its
reliance on third-party software.
Monday, responding to EFF's arguments, a judge dismissed Diebold's
request for broad exemptions to the law and told Diebold that if it
wanted to continue in its certification bid, it must follow the law or
face liability. Diebold had told the court that it would likely
withdraw from the bidding process if it was not granted liability
protection. But instead, Diebold went forward with the certification
bid.
Diebold's certification now means it is permitted to sell e-voting
equipment in North Carolina. But Zimmerman says that any county that
buys from Diebold is taking a risk.
"If Diebold's certification is revoked, counties using their
equipment could be left holding a very expensive bag," Zimmerman said.
Despite Long's assertion, at least one Diebold competitor --
Nebraska-based Election Systems & Software -- has publicly stated
that it is capable of meeting the escrow requirement for the code used
it its system.
For more on the judge's decision Monday:
http://www.eff.org/news/archives/2005_11.php#004203
Contact:
Matt Zimmerman
Staff Attorney
Electronic Frontier Foundation
mattz@eff.org [EFF: Breaking News]
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