# Diebold, Sequoia, ES&S under investigation

• News

## Main Question or Discussion Point

Good news.

Florida Attorney General Charlie Crist has opened an investigation into Diebold, ES&S and Sequoia for possible antitrust violations. This is welcome news to Leon County Supervisor of Elections Ion Sancho.

Ion Sancho has come under fire for requesting an independent evaluation of his Diebold voting system security. Significant flaws were discovered that led to security alerts nationwide, including a study in California and a security alert in Florida.

The only three vendors authorized to do business in Florida then refused to sell to Leon County. The state of Florida, instead of looking into collusion among vendors, decided to threaten Sancho with removal from office for failing to buy a HAVA-compliant system. Florida’s independent-minded state attorney general doesn’t see eye to eye with Gov. Bush and his appointee, Secretary of State Sue Cobb, and has decided to launch a formal investigation into Diebold, Sequoia, and Election Systems & Software (ES&S).

Identical documents have been served on all three voting system vendors:

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6NCL8G/$file/Diebold_subpoena.pdf http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6NCL9U/$file/Election_Systems_sub [Broken] poena.pdf

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-6NCLAG/\$file/Sequoia_subpoena.pdf

NOTE: when we refer to page numbers, we’re talking about the numbers within the Adobe Acrobat file readable on your computer screen. The page numbers in the file as you’d see if it is printed don't include numbers for the first two pages.

ANTITRUST CIVIL INVESTIGATIVE DEMAND

The real fireworks are towards the bottom of page one:

“Your attention is directed to Sections 542.28(14) and 837.02, Florida Statutes, printed on the reverse side of this document.”

The first statute is Florida’s criminal law setting felony penalties for specific acts:

“Alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its verity or availability in such proceeding or investigation; or
2. Make, present, or use any record, document, or thing, knowing it to be false.”

The second covers felony false statements in these matters.

This all adds up to “we’re not kidding around”.
Article continues (and permission to reprint was granted at the link):

http://www.bbvforums.org/cgi-bin/forums/board-auth.cgi?file=/1954/19776.html

This is basically (part of) the next installment in the ongoing investigation into Diebold (etc) electronic vote machines. It constitutes good news, because the trend has been towards more and more serious scrutiny of these machines, with several states rejecting Diebold outright due to their shortcomings.

The entire topic is too huge to cover in one post. Example: any given machine vendor will have multiple products on the market, and multiple versions of each model. When a problem is documented in one, the vendor typically provides another. This becomes sort of a shell game - where the real solution should be to pull all of the machines, do a thorough investigation on every version of every model, etc.

Still, today's report is a bit of the ongoing picture. The attorney general in Florida, has subpoenaed the three major vendors, as a result of BBV and Harri Hursti's hack last fall. This is good.

(If the vendors stay true to form, they'll do something like sue Florida under the premise that the subpoena erodes their credibility with other state election officials.)

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