Ohio Voting Machines and the potential of Product Liability Lawsuits for Recall - Refund: Sample Lawsuits Delivered by Ohio Election Justice Campaign to the Secretary of State and other Elected Officials on November 30, 2007
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Categories: Civil Liberties/Privacy, Consumer and Worker Protection, Honest and Ethical Government, Election Reform, Civil Rights and Equality, Social Justice, Property Rights, Technology and Web 2.0, Criminal Justice Reform
Categories: Civil Liberties/Privacy, Consumer and Worker Protection, Honest and Ethical Government, Election Reform, Civil Rights and Equality, Social Justice, Property Rights, Technology and Web 2.0, Criminal Justice Reform
Ohio Voting Machines and the potential of
Product Liability Lawsuits for Recall - Refund:
Sample Lawsuits Delivered by Ohio Election Justice Campaign
to the Secretary of State and other Elected Officials on November 30, 2006
By Patricia "Paddy" Shaffer
Director, OEJC
December 2, 2007
On November 30, 2007, the final day of the testing of Project Everest, the 1.8 million dollar HAVA taxpayer funded testing of Ohio's Voting Machines by Ohio Secretary of State, Jennifer Brunner, hopeful packages from The Ohio Election Justice Campaign were delivered in the capital city of Columbus Ohio. The deliveries were to Governor Ted Strickland via staff member Peg, to the Ohio Senate and the Ohio Controlling Board who approved the money for this project, to Attorney General Marc Dann via Assistant Chief Damian W. Sikora, and to Ohio Secretary of State Jennifer Brunner, via Executive Assistant Bobbie Gilbert who said the package was on her own desk.
A voting machine jingle…
http://video.google.com/videoplay?docid=-2970925220524280238&hl=en
It was the final day of testing and all through the state, voters were praying that the machines would just go away… up on the tables they saw with a grin, a package of real paper ballots and pencils and pens, hand counted at the precincts, by locals they knew… and the outcome was auditable, no longer were the voters to be screwed.
Marj Creech, Victoria Parks, and Paddy Shaffer assembled and delivered these packages including two product liability lawsuits: one by Paul Lehto for Washington, one by Patricia Axelrod for Nevada. Product liability interview is at this link: http://video.google.com/videoplay?docid=-2641535466633314591&hl=en
Each office had it explained that the purpose of us providing these was to raise awareness that Ohio can request it's money back, to have a recall and refund on the voting machines. These lawsuits can serve as a sample or a template for what Ohio may need to do after the testing of our voting machines. Now that these elected officials have the sample product liability lawsuits, the topic has been raised for recall and refund. Plausible deniability is no longer a reason to continue to keep machines if the only strong reason given after the testing reports have been viewed, is because we have such a large financial investment we must keep them. In this case the deciders of the fate of our voting machines will be fully aware they could ask for a recall and refund
The package also several items including information on other lawsuits in the US and documents from Leonard Samuelson. He is an Electrical Engineer and software developer for thirty years. Leonard covered a variety of important topics regarding electronic voting machines including:
1. Voter verification
2. Count auditing required
3. Testing only validates expected behavior
4. Testing cannot prove "no tricks"
5. Hidden capability is easy to prepare,
6. Hidden capability is easy to use
7. It's possible to limit access to hardware
8. Paper and pen are very reliable.
All offices were informed that we shall follow up in about a week to make sure the package was reviewed, and seeking comments.
This was done on the day of the final testing of Project Everest for which The Ohio Election Justice Campaign has repeatedly requested both verbally and in writing to have observers for. Assistant Secretary of State Christopher Nance is who we were told permission would have to be granted from. He never returned our phone calls or letters making this request. Sadly he was unable to come out and speak with us while we were there at the office, he was said to be in a meeting with the SOS. We were told that he was writing us a letter, and would send it soon. That was Friday November 30, 2007, and the letter arrived via email on Sunday afternoon, December 2, 2007 at 4:06 p.m. This is that letter in part:
November 30, 2007
Dear Ms. Shaffer:
Thank you for your recent correspondence and request to have observers from the Ohio Elections Justice Campaign observe the EVEREST testing process.
While I understand your interest in observing the testing process, I am respectfully denying your request to observe the testing process. (Next part of letter on different topic omitted)
In a recent email (dated November 22, 2007), you also made numerous requests of information. Please note, that any specific public record requests you made are being addressed and Brian Green, Elections attorney for our office, will be sending you information shortly.
If you have any questions, you may contact my office at 614-644-0764.
Sincerely,
Christopher B. Nance
Assistant Secretary of State
cc: Jennifer Brunner
Kellye Pinkleton
Brian Green
The OEJC was informed that members of the Voting Rights Institute who were invited to go to the facility where the testing is taking place were asked to sign a Non Disclosure Agreement. This forbids them from talking about what they witnessed until the year 2017. Two members went, many others declined, not willing to sign the agreement. The OEJC has requested public records, including all non-disclosure agreements that the SOS has asked anyone to sign in 2007, including for Project Everest. These are mentioned in the above letter.
At the office of the Attorney General Marc Dann, we supplied the package to Assistant Chief Damian W. Sikora. Damien has done defense work on the behalf of J. Kenneth Blackwell on election justice cases such as Northeast Ohio Coalition for the Homeless v. Blackwell and League of Women Voters v. Blackwell. He is listed on the papers as being in the Constitutional Offices Section.
At the office of Ohio Secretary of State we had the pleasure of speaking to Secretary Brunner's Executive Assistant Bobbie Gilbert about what was in the package, and plausible deniability. We also addressed several other items, including the RC-3 form that I had personally provided Bobbie to give to the SOS on August 6, 2007. The form was proof that Clermont County Director Mike Keeley was still in July of 2007, destroying the 2004 election records that Judge Marbley ordered protected and safe guarded under the threat of a fourth degree felony and contempt of court charges. I wanted them to do something about it, and to remind all the counties to safeguard the records, and for the SOS to request an inventory of what still existed. While we were there talking to Bobbie, I let her know that my continuing research of this very week had revealed that the Poll Books and Tally Sheets on that form, are for election records with a six year record retention schedule, not a 22 month retention schedule like the ballots. (The Ohio Auditor of State, Mary Taylor's office approved the destruction of these records according to the stamp on the form in July 2007).
When it was addressed that having the same people running the 2008 elections, that ran and committed alleged election crimes in 2004 did not appear to be getting ready for 2008, but instead to have the same types of problems, including destruction of records when no one was held accountable.
Bobbie and I seemed to run around and around these issues, never getting an answer that satisfies the activists, and for her as SOS staff, she appeared exhausted with us… never resolving the issue, that we activists will go comfortably back to sleep.
For the many alleged election crimes and alleged election criminals we spoke of… we were repeatedly told that "We are looking forward to 2008, we are getting ready for 2008, Secretary Brunner knows what needs done, we are looking forward to 2008, again and again and again.
Product Liability Lawsuits for Recall - Refund:
Sample Lawsuits Delivered by Ohio Election Justice Campaign
to the Secretary of State and other Elected Officials on November 30, 2006
By Patricia "Paddy" Shaffer
Director, OEJC
December 2, 2007
On November 30, 2007, the final day of the testing of Project Everest, the 1.8 million dollar HAVA taxpayer funded testing of Ohio's Voting Machines by Ohio Secretary of State, Jennifer Brunner, hopeful packages from The Ohio Election Justice Campaign were delivered in the capital city of Columbus Ohio. The deliveries were to Governor Ted Strickland via staff member Peg, to the Ohio Senate and the Ohio Controlling Board who approved the money for this project, to Attorney General Marc Dann via Assistant Chief Damian W. Sikora, and to Ohio Secretary of State Jennifer Brunner, via Executive Assistant Bobbie Gilbert who said the package was on her own desk.
A voting machine jingle…
http://video.google.com/videoplay?docid=-2970925220524280238&hl=en
It was the final day of testing and all through the state, voters were praying that the machines would just go away… up on the tables they saw with a grin, a package of real paper ballots and pencils and pens, hand counted at the precincts, by locals they knew… and the outcome was auditable, no longer were the voters to be screwed.
Marj Creech, Victoria Parks, and Paddy Shaffer assembled and delivered these packages including two product liability lawsuits: one by Paul Lehto for Washington, one by Patricia Axelrod for Nevada. Product liability interview is at this link: http://video.google.com/videoplay?docid=-2641535466633314591&hl=en
Each office had it explained that the purpose of us providing these was to raise awareness that Ohio can request it's money back, to have a recall and refund on the voting machines. These lawsuits can serve as a sample or a template for what Ohio may need to do after the testing of our voting machines. Now that these elected officials have the sample product liability lawsuits, the topic has been raised for recall and refund. Plausible deniability is no longer a reason to continue to keep machines if the only strong reason given after the testing reports have been viewed, is because we have such a large financial investment we must keep them. In this case the deciders of the fate of our voting machines will be fully aware they could ask for a recall and refund
The package also several items including information on other lawsuits in the US and documents from Leonard Samuelson. He is an Electrical Engineer and software developer for thirty years. Leonard covered a variety of important topics regarding electronic voting machines including:
1. Voter verification
2. Count auditing required
3. Testing only validates expected behavior
4. Testing cannot prove "no tricks"
5. Hidden capability is easy to prepare,
6. Hidden capability is easy to use
7. It's possible to limit access to hardware
8. Paper and pen are very reliable.
All offices were informed that we shall follow up in about a week to make sure the package was reviewed, and seeking comments.
This was done on the day of the final testing of Project Everest for which The Ohio Election Justice Campaign has repeatedly requested both verbally and in writing to have observers for. Assistant Secretary of State Christopher Nance is who we were told permission would have to be granted from. He never returned our phone calls or letters making this request. Sadly he was unable to come out and speak with us while we were there at the office, he was said to be in a meeting with the SOS. We were told that he was writing us a letter, and would send it soon. That was Friday November 30, 2007, and the letter arrived via email on Sunday afternoon, December 2, 2007 at 4:06 p.m. This is that letter in part:
November 30, 2007
Dear Ms. Shaffer:
Thank you for your recent correspondence and request to have observers from the Ohio Elections Justice Campaign observe the EVEREST testing process.
While I understand your interest in observing the testing process, I am respectfully denying your request to observe the testing process. (Next part of letter on different topic omitted)
In a recent email (dated November 22, 2007), you also made numerous requests of information. Please note, that any specific public record requests you made are being addressed and Brian Green, Elections attorney for our office, will be sending you information shortly.
If you have any questions, you may contact my office at 614-644-0764.
Sincerely,
Christopher B. Nance
Assistant Secretary of State
cc: Jennifer Brunner
Kellye Pinkleton
Brian Green
The OEJC was informed that members of the Voting Rights Institute who were invited to go to the facility where the testing is taking place were asked to sign a Non Disclosure Agreement. This forbids them from talking about what they witnessed until the year 2017. Two members went, many others declined, not willing to sign the agreement. The OEJC has requested public records, including all non-disclosure agreements that the SOS has asked anyone to sign in 2007, including for Project Everest. These are mentioned in the above letter.
At the office of the Attorney General Marc Dann, we supplied the package to Assistant Chief Damian W. Sikora. Damien has done defense work on the behalf of J. Kenneth Blackwell on election justice cases such as Northeast Ohio Coalition for the Homeless v. Blackwell and League of Women Voters v. Blackwell. He is listed on the papers as being in the Constitutional Offices Section.
At the office of Ohio Secretary of State we had the pleasure of speaking to Secretary Brunner's Executive Assistant Bobbie Gilbert about what was in the package, and plausible deniability. We also addressed several other items, including the RC-3 form that I had personally provided Bobbie to give to the SOS on August 6, 2007. The form was proof that Clermont County Director Mike Keeley was still in July of 2007, destroying the 2004 election records that Judge Marbley ordered protected and safe guarded under the threat of a fourth degree felony and contempt of court charges. I wanted them to do something about it, and to remind all the counties to safeguard the records, and for the SOS to request an inventory of what still existed. While we were there talking to Bobbie, I let her know that my continuing research of this very week had revealed that the Poll Books and Tally Sheets on that form, are for election records with a six year record retention schedule, not a 22 month retention schedule like the ballots. (The Ohio Auditor of State, Mary Taylor's office approved the destruction of these records according to the stamp on the form in July 2007).
When it was addressed that having the same people running the 2008 elections, that ran and committed alleged election crimes in 2004 did not appear to be getting ready for 2008, but instead to have the same types of problems, including destruction of records when no one was held accountable.
Bobbie and I seemed to run around and around these issues, never getting an answer that satisfies the activists, and for her as SOS staff, she appeared exhausted with us… never resolving the issue, that we activists will go comfortably back to sleep.
For the many alleged election crimes and alleged election criminals we spoke of… we were repeatedly told that "We are looking forward to 2008, we are getting ready for 2008, Secretary Brunner knows what needs done, we are looking forward to 2008, again and again and again.
