Black Box Voting - By Bev Harris

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Black Box Voting

Ballot Tampering in the 21st Century

By Bev Harris

with David Allen

Edited by Lex Alexander

Cover Art by Brad Guigar

Bookstore & Library Edition

Talion Publishing

Rights reserved to Talion Publishing ISBN 1-890916-90-0. To purchase paperback

copies of this book, request the book at your local bookstore or library, or

call 425-228-7131, fax 425-228-3965, or e-mail talion@ix.netcom.com.

ISBN 1-890916-90-0

Bookstore & Library Edition Jan. 2004

except as provided for by U.S. copyright law. For information on this book and

the investigation into the voting machine industry, please go to:

www.blackboxvoting.org

Talion Publishing

330 SW 43rd St PMB K-547 • Renton, WA • 98055

Fax: 425-228-3965 • talion@ix.netcom.com • Tel. 425-228-7131

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Dedication

First of all, thank you Lord.

I dedicate this work to my husband, Sonny, my rock and my mentor,

who tolerated being ignored and bored and galled by this thing every

day for a year, and without fail, stood fast with affection and support

and encouragement. He must be nuts.

And to my father, who fought and took a hit in Germany, who

lived through Hitler and saw first-hand what can happen when a country

gets suckered out of democracy. And to my sweet mother, whose an-

cestors hosted a stop on the Underground Railroad, who gets that

disapproving look on her face when people don’t do the right thing.

And to the kids, Megan and CJ and David IV and of course, Casey,

who supplied me with constant encouragement and located some hack-

ers to provide a point of view. And Erika, the nosiest child on earth,

who grew up to become a reporter for a major news outlet, for tell-

ing me, “Mom, that is not a story. You have to prove it.” And when

I did prove it, for saying “This is good, Mom, but it’s B-section.

Get some more if you want it on A-1.” — Bev Harris

“What’s being done to ensure that computerized voting systems are trust-

worthy? ... Bev Harris, author of the book “Black Box Voting,” is the

godmother of the movement.”

— Hiawatha Bray

The Boston Globe

“Bev Harris ... 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...This in itself

was an incredible breach of security...Why isn’t this front page news?”

— Paul Krugman

New York Times

“Worried about computerized democracy? You should be. You may have

already voted in 2004 — they just haven't yet told you whom you voted

for. Bev Harris gives you the real skinny on the Gatesification of our

ballot box.”

— Greg Palast

Author, “The Best Democracy Money Can Buy”

“This book is already required reading for people to learn about electronic

voting, in my opinion.”

— Dr. David Dill

Stanford University Computer Science Professor

* * * * *

Black Box Voting: “Any voting system in which the mechanism for recording

and/or tabulating the vote is hidden from the voter, and/or the mechanism

lacks a tangible record of the vote cast.”

The term “Black Box Voting” was coined by David Allen, who also contrib-

uted approximately 11 pages of the 239-page text. ITAA meeting: Author Bev

Harris obtained info on the meeting from her sources and gave Allen the time,

phone number and password. Allen taped the meeting, and provided the detailed

notes in Chapter 16. Harris provided the ITAA document quoted in Chapter

16. Harris and Allen co-wrote the commentary on the meeting. Allen wrote

part of the 2-page Internet voting section, and contributed his proposal for an

open-source solution, and comments on a Talbot Iredale memo in Chapter 13:

Volusia County. All research and writing for the remaining 228 pages is by Bev

Harris with the help of 75 sources, 22 of whom are computer professionals.

Please sponsor a copy for a public official: E-mail Bevharrismail@aol.com for info

Introduction

When we started digging around on this story, we expected to find

the odd body part or two. Little did we know, we were digging in a

graveyard. Suddenly, the dead bodies were piling up so fast that ev-

eryone was saying “Enough, enough we can’t take any more!”

This book was originally designed to be a handy little activism

tool, an easy-to-understand introduction to the concept of electronic

voting risks. It was to contain a history, interviews, and a discus-

sion of theoretical vote-rigging. But as we were plugging along, re-

searching the subject, it got a little too real — even for us.

C’mon over. No time to waste. We have a democracy to defend.

Contents

Chapter 1: I Will Vote

Chapter 2: Can we trust these machines?

A compendium of errors

Chapter 3: Why we need disclosure of owners

Senator Chuck Hagel – A poster boy for conflict of interest

Chapter 4: A brief history of vote-rigging

Paper ballots, lever machines and punch cards

Chapter 5: Cyber-Boss Tweed

21st Century ballot tampering techniques

Chapter 6: Who’s beholden to whom?

The election industry bureaucracy

Chapter 7: Why vote?

Our founding fathers — and your responsibility to engage

Chapter 8: Company information

What you won’t find on company Web sites — Business Records Corp. • Election

Systems & Software • Sequoia Voting Systems • Votehere • election.com • Hart

Intercivic • Wyle Labs • Diebold Election Systems

Chapter 9: First public look ever into a secret voting system

The Diebold FTP site, and what was on it

Chapter 10: Who’s minding the store?

Chapter 11: “rob-georgia.zip” – noun or verb?

Chapter 12: Open source exam

The first public examination of the Diebold computer code

Chapter 13: Security Breaches

San Luis Obispo mystery tally • Cell phones and votes • Unauthorized vote

replacement in Volusia County • The Diebold Memos and unauthorized software

Chapter 14: A modest proposal (solutions)

Chapter 15: Practical activism

Chapter 16: The men behind the curtain

Appendix A: More problems (continued from Chapter 2)

Footnotes

Index

113

123

138

164a

192

201

217

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I Will Vote

Anthony Dudly, a mulatto from Lee’s Mill, North Carolina, believed

that he was undereducated. He had a vision in mind for his children:

They would become educated — all of them — and one day they

would vote.

His country was struggling to recover from a war that had ripped

the North from the South, forcibly rejoined them and ordered the

Emancipation Proclamation. Now it was trying to decide what to do

about voting rights for freed black citizens. Reconstruction Acts or-

dered voting rights for African-Americans in the South but not the

North. The border states wanted nothing to do with black voters.

When the Fifteenth Amendment became part of the Constitution

on March 30, 1870, guaranteeing black suffrage in all states, An-

thony figured all that remained was to make sure his children got an

education.

Anthony’s children learned to read and write so well that they looked

up the traditional spelling of their own name and changed it to “Dudley,”

and they also discovered that voting was not as guaranteed as the

Constitution promised.

Politicians clashed over the rights of former slaves. Vigilante groups

like the Ku Klux Klan found ways to prevent black citizens from

voting. Will Dudley, one of Anthony’s children, vowed that his chil-

dren would go to college, and by golly, they were going to vote.

I Will Vote 1

Will was not an affluent man, but he was a man of conviction,

and all nine of his children went to college. Eight of them got their

degrees. Will’s third child, David, noticed something that caused him

to put college life on hold. Around election time in Greensboro, North

Carolina, black folks had become so intimidated that they often just

locked the door and stayed home on Election Day. Even registering

to vote could get you on the “list,” and you might get a visit in the

middle of the night.

A singular goal took over David’s life, and he dropped out of col-

lege to drive all over North Carolina, persuading African-Americans

to vote.

“We must have the courage to exercise this right,” he said. “If we

don’t vote, we can never truly be a free people.” David preached

voting and the value of a good education until the day he died.

Jerome Dudley was David’s youngest son, and he became the most

pissed-off Dudley when it came to voting. It was 1964, nearly 100

years since Anthony had pinned his hopes on the Fifteenth Amend-

ment, and people still were being cheated out of their votes.

The cheating took various forms. Sometimes “challengers” were

posted at the voting locations, demanding answers to questions like,

“Who was the 29th president of the United States?” before allowing

citizens to vote. Sometimes a poll worker would tell you to step aside

and let the “regular Americans” vote.

Jerome became student body president at North Carolina A&T State

University, leading demonstrations to integrate schools and fighting

for voting rights.

It was in this climate that Jerome’s nephew was raised. Sonny Dudley

spent his younger years projecting his voice in community theater;

when he becomes passionate about a topic, he bellows so dramati-

cally that he shocks everyone.

“I will vote for who I want, and no one’s gonna stop me,” he an-

nounced. He said it loud and said it proud, and then Sonny cast his

very first vote, for Eldridge Cleaver.

This is the man I married, now 53 years old, a great, gentle bear

of a family man. We watched the bizarre 2000 presidential election

together, and while I ranted about the disenfranchisement of the Florida

voters, Sonny just sat there with a quizzical look.

“But look what they are doing!” I said. “These are violations of

Black Box Voting2

Please sponsor a copy for a public official: E-mail Bevharrismail@aol.com for info

their right to vote!”

“Oh, they’ve always done that,” he said quietly. “You just notice

it because now they’re playing games with the white folks, too. How’s

it feel?”

Not too good.

Two years later, something made me stay up all night.

“I just got curious,” I told Sonny. “There’s this article by a writer

named Lynn Landes that says no one knows who owns the voting-

machine companies. I did some research and found out that one of

the owners is a Republican senator who is running for office right

now. Does that seem right?”

“Heck, no!”

So I wrote it up and and posted it on my Web site, along with

corporate papers and financial documents. A few days later I got a

certified letter from lawyers for Election Systems and Software (ES&S),

demanding that I remove information about ES&S ownership from

my Web site.

Well yikes. Does this seem right?

Heck no, so I sent copies of the ES&S cease-and-desist letter to

3,000 reporters. Then it occurred to me that it might be a good idea

to mention it to my husband.

“We can’t afford a lawyer, you know,” I said. “We might lose the

house. Maybe I shouldn’t have done that.”

“It was Christmas,” said Sonny, “and my son David was six months

old.” He speaks slowly and with great flourish, and it gets me impa-

tient when he goes off on these tangents. “I was so broke that all I

had in the refrigerator was a jar of pickles.” He added a long pause

for effect. “I went out in the back yard and cut a branch off a tree

and decorated it.” His voice softened. “Now what’s the problem?”

He stood up, towering over me.

“My people died for the right to vote,” he boomed. “I will vote

for who I want, and no one’s gonna stop me.”

But I have a question: Can we trust these machines to let us vote

for who we want?

I Will Vote 3

Black Box Voting4

This free internet version is available at www.BlackBoxVoting.org

Can We Trust These Machines?

In the Alabama 2002 general election, machines made by Election

Systems and Software (ES&S) flipped the governor’s race. Six thou-

sand three hundred Baldwin County electronic votes mysteriously

disappeared after the polls had closed and everyone had gone home.

Democrat Don Siegelman’s victory was handed to Republican Bob

Riley, and the recount Siegelman requested was denied. Six months

after the election, the vendor shrugged. “Something happened. I don’t

have enough intelligence to say exactly what,” said Mark Kelley of

ES&S. 1

When I began researching this story in October 2002, the media

was reporting that electronic voting machines are fun and speedy,

but I looked in vain for articles reporting that they are accurate. I

discovered four magic words, “voting machines and glitch,” which,

when entered into the DJInteractive.com 2 search engine, yielded a

shocking result: A staggering pile of miscounts was accumulating.

These were reported locally but had never been compiled in a single

place, so reporters were missing a disturbing pattern.

I published a compendium of 56 documented cases in which vot-

ing machines got it wrong.

How do voting-machine makers respond to these reports? With

shrugs. They indicate that their miscounts are nothing to be concerned

about. One of their favorite phrases is: “It didn’t change the result.”

Rights reserved to Talion Publishing ISBN 1-890916-90-0. To purchase paperback

copies of this book, request the book at your local bookstore or library, or

call 425-228-7131, fax 425-228-3965, or e-mail talion@ix.netcom.com.

This free internet version is available at www.BlackBoxVoting.org

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