Bob Fitrakis files lawsuit in Ohio re untested software inserted into voting machines, call Ohio SOS

[robinlynne]

Last edited Mon Nov 5, 2012, 06:35 PM - Edit history (1)

Source: freepress.org

Just minutes ago, Ohio voting rights advocate Bob Fitrakis filed a lawsuit in federal court demanding the removal of secret software recently installed on all ES&S, Inc. voting machines in at least 25 Ohio counties.

This proprietary software allows vote tabulation numbers to be wirelessly sent to the Ohio Secretary of State's office. Four million Ohio voters - that is 80% - depend on these machines to accurately report their vote. Now, those votes will be initially reported via an easily intercepted wireless transmission.

Together with Free Press and other key advocates, we released the news about the lawsuit at a press conference just now at the National Press Club in D.C.. Fitrakis Skyped-in to the press conference and gave us the latest. He called on everyone, "concerned about our democracy to call the Ohio Secretary of State's office and demand the removal of this suspicious software."

Please do it right now. Call the Ohio Secretary of State's office at 1-877-767-6446


Read more: edited to remove link for privacy reasons. sorry.

[mattvermont]

1. I wonder if the bad software was on the machine

before the call to put in the patch...a good way to prove there is nothing going on..
Who plays Connell this time since his plane went down?

[Anthony McCarthy]

2. Why is that man not under investigation by the federal government?

Serial attempts to screw with the election should be reason enough.

[d06204]

3. Absolutely right!!!

He's attempting to overthrow a legitimate and duly elected government. This is treasonous!

[Dubster]

4. Spam deleted by gkhouston (MIR Team)

[99th_Monkey]

29. Why in the f*ck do Ohio voters keep putting GOP scumbags into key offices?

Oh, that's right, it's because GOP scumbags are counting the votes..

never-mind

[Cha]

5. Thank you, Bob Fitrakis! Thanks robinlynne

[NoOtherMedicineNovel]

6. Done! Amazingly, I got through first try, and the woman I spoke to at the Ohio Secretary of State's

office, who said her name is Cathy, started going through a long, explanation about how the software doesn't affect the voting. When I interrupted her canned speech and told her about the lawsuit, Cathy said she hadn't head about it yet. She said, "Oh, we'll, 3:55? That's just a few minutes ago. I need to find out what's going on." She sounded baffled as her voice faded and she "oh my-ed" into the sunset.

Guess they keep their phone clerks in the dark.

Will be interesting to watch what unfolds now.

[NoOtherMedicineNovel]

13. Sorry for the misspells. Wanted to get my report posted ASAP.

[babsbunny]

7. Thanks You Dr. Bob!!!

[FarPoint]

8. Bob Fritrakis is Husted's nemesis

Bob knows the BBVoting better than Husted ever did in a wet dream..........

Thank You Bob.

This needs MSM coverage now!

[DallasNE]

9. If This Is Truly Untested Software

It should never have been allowed to be installed as it violates every rule in the book regarding software changes. In fact, the IT guy should have resigned rather than install untested software. Since they didn't resign, they should be fired for cause. Any Judge, worth their salt, should immediately order the change to be removed. There was clearly no business case for making this change.

[inamatteroftime]

10. Called, sent email. nt

[classykaren]

18. I called 3 times it is a maze

Was finally able to leave a message with my phone number All lines are blocked

[Squinch]

25. I just called (5pm Eastern) and got a voicemessage machine. Left a message.

[coffeenap]

11. All voicemail boxes full, calls being refused. nt

[philly_bob]

12. 4:18 PM - Sec of State Husted line is busy n/t

[The Last Democrat]

16. "Sec of State Husted line is busy"

More than likely, off the hook.

[Texin]

26. He's probably on a conference call with KKKarl Rove and the Koch brothers

getting his marching orders.

Somebody needs to warn him and his Middle Man IT guru what happened to Michael Connell.

[inamatteroftime]

14. You won't be able to get to the right connection...

using #2 option is Elections office, only the Elections Finance Section will answer - I selected that option just to get through and spoke with a woman who listened to me and promised to get my message to the appropriate person in the other office. She said the phones were backed up. Received a strange, unintelligible, cryptic message when I first tried the Elections Voting Division. There is the option to email here: http://www.sos.state.oh.us/SOS/agency/about/contactall.aspx

[Duppers]

30. same here.

Most certainly suspicious.

Thx for the email link.

[littlemissmartypants]

15. I called the number, I talked to the rep. for Vet Affairs, he assured me that the

"patch for reporting" was hard wired and done with "flash drives"... and he suggested that I contact commoncause.org to review the excellent ratings given to their office by them. He was adamant in his belief that the voting will be exceptionally accurate and fair. He also stated, "This is OHIO, we have lawsuits filed against us here all the time." LMSP


http://www.commoncause.org/site/pp.asp?c=dkLNK1MQIwG&b=4846311

830 Main Street, Suite 900
Cincinnati, OH 45202
[phone]
Twitter - @commoncauseohio

Catherine Turcer
Director of Voter Protection, Ohio
614-579-5509
cturcer AT commoncause DOT org

Sam Gresham
State Chair, Ohio
614-315-2109

[AikidoSoul]

66. The rep make a misleading statement, a patch can't be hard wired. It can be installed by Flash

drive, or other media, but these are not hard wired items.

Hard wired means you have a wire going from one point to another and the data is transmitted within those wires. Usually "hard wired" means it is physically built into the machine. An example would be the data going from the microprocessor to the memory modules in the computer.

Instead, what they're doing is taking something from OUTSIDE the machine and using it to enter new programming, or alter existing programming.

The flash drive is NOT a hard wired item.

[Marthe48]

17. emailed Husted

I request that you remove the 'experimental' software from the 25 to 39 tabulators right now. Do you really think adding untested, unexamined, experimental software to Ohio's electronic voting system a week before the general election makes people confident about their right to vote, their right to a fair election? You had since last election to add software, patches, upgrades, etc. The week before a major election that many people have their heart and soul invested in is the wrong time to alter the machines. If the software is legitimate, then remove it, test it, have it examined and have it ready for the next election. Anything less is not in the best interests of Ohio.

[Bill USA]

19. They should sequester the Ohio vote not letting it be counted until secret software is removed.

If secret software not removed in time, redo the fucking vote. Can't accept an illigitimate vote count.

I don't think there is any conclusion to be drawn from this than the Republicans are going to make sure Ohio goes to Rmoney.

2000 all over again, only in a different state.

[randome]

20. Okay, how is it 'secret' software?

As I understood some of the other threads on this, there was some contention that the patch fell into the guidelines that required pre-testing.

The fact that it wirelessly transmits is hardly the basis for a lawsuit.

[Marthe48]

22. Why wait until the week before the election?

We know that people are assuring us that the software is for wireless transmission, but without testing, examination and so on, we don't know for sure, and with so much at stake, I for one, don't want to take somebody's word for what the software does. And I don't think that any machines should be altered so close to the election. Husted had plenty of time to alter the machines, but he was too busy trying to disenfranchise Ohio voters. How many lawsuits have been filed against Husted for his attempts to block the vote already? And why should we have any trust in his ability to run a fair election in Ohio?

[robinlynne]

27. UNTESTED by anyone. added last minute as "experimental" days before the lection. not the time to do

experiments. It is legal to put in untested, unghecked patches IF it is an experiment. That is how they got around the law.

[randome]

39. I'm thinking they called it 'experimental' to try and fix a real bug they're embarrassed about.

Just cogitating.

[robinlynne]

40. or because it is the only way to legally place uchecked software into the computers.

[randome]

41. There's no doubt that's possible nor that some GOP elemens would like to do so.

I'm not convinced they would be this public about trying to pull a fast one, though. They would have done a better job of keeping this hidden from prying eyes.

Or maybe that's what they WANT us to think?

[ludiofelix]

32. any software that transmits over the open internet requires rigorous security testing

Au contraire to those asserting that the fact that this software transmits results over the open internet is not grounds for a lawsuit. If the software has not undergone as stringent security and anti-fraud testing as is required for transmission of similarly sensitive data by banks and insurance companies, they most certainly have violated more than a few federal and/or state laws.

[randome]

36. Is that in their contract, though? To abide by those laws, I mean.

Is 'sensitive' data the same as 'personal' data? I'm not sure if voting machines fall into the latter category.

[ludiofelix]

63. of course it's in the contract, and in the law

What Husted has done in forcing through this untested, uncertified software change is something that no company that handles any sort of important transaction for their customers over the internet would or could do. Anyone who thinks this is normal procedure and not an incredible violation of every principle of good IT practice knows absolutely nothing about internet security.

If anyone in any reputable company was found to have allowed such a risky release of software to jeopardize their business, the engineers and managers responsible would be canned or at least severely disciplined.

This is no minor incident or laughing matter - if proven, it is a crime, and one that attacks the very foundation of our democratic government.

Some say that it's probably just to patch a hole - that is absurd. You don't patch a defect with code that hasn't even been tested and certified. This must and will be investigated, and I only hope that a destruction of evidence like that which surrounded Watergate isn't already in progress in the back rooms of government and corporate offices...

[Mc Mike]

52. The link is pretty specific

http://www.democraticunderground.com/1251212730

Here's the pertinent excerpt:

"Ohio election law does not allow software or hardware to be used in election until it has been tested or certified by the Ohio Board of Voting Machine Examiners unless it is experimental. The confidential internal memos indicate that this software was never tested because of claims that it is not involved with the tabulation or communication of votes. Reporting election results from county tabulation systems to the secretary of state's office, which is the purpose of this software as explained by McClellan, is in fact communication of votes."

Reporting the results is communication of votes.

[randome]

53. But if they can get away with labeling it 'experimental', that gives them an out.

I don't know why they're doing this now but I doubt it's to secretly steal votes. More likely it's to cover an embarrassing bug that would be bad PR.

I could be wrong, of course, and I think it should be, as an absolute minimum, that NO software be installed until it's been thoroughly tested. But I think that stupid 'experimental' category gives the company a way around that. Whoever wrote that into the contract was not on the electorate's side.

[Mc Mike]

56. I agree with you that they'll try to weasel around the law. They're the axis of weasels.

But they claimed that they didn't need to get it tested for approval, based on the patch not communicating the votes. But since it is reporting the votes from counties to the S.O.S., it is communicating the votes. So they know they are doing something wrong, based on the lie they used to justify not testing it in the first place.

[randome]

57. 'Axis of weasels'. Good one!

[Mc Mike]

58. I forget which wise political thinker I cribbed that one from.

[Tigress DEM]

65. Because there is a formal review channel for any software added to the voting machines.

They went around that review channel and tried to add these patches in secret, but someone found out and reported it. Otherwise it would have been another conveinently stolen election with no record of how it happened.

There is no need for any wireless activity which is vunerable to being hacked. If a signal can go out, it can be interrupted and altered. Why add a layer of unsecure access? Land line to internal network is the safest route.

Some states did actually outlaw the use of wireless technology. Not sure if Ohio was one of them, but there is a precedent.

[AikidoSoul]

68. But wireless transmission of vote counts IS planned for OHIO, according to the OP who said,

"Now, those votes will be initially reported via an easily intercepted wireless transmission. "

[AikidoSoul]

67. The software is proprietary, meaning that nobody can inspect it unless it is done

by someone that produced it. Trade secret laws prohibit a forensic examination of voting machine hardware, firmware, software, and any items used for programming.

It's a very fucked system. It should all be open source, and easily examined for fraud. And ALL voting should include a protected paper ballot that can be counted by hand if necessary.

You can't see or count electrons.

[socialindependocrat]

21. 4:39 I got some garbled digital message I couldn't understand...

This guy has shown that he is trying to block voters.

He has been told by a judge to open his polls so people can vote.

These repukes need to have some severe penalties for their activities.
I guess there are none at the moment because any "nnormal" person would not
even imagine the tricks these as#$%&*s are trying to play.

I'm writing to my AG and requesting laws that will make thesae people sorry for messing with
the Democratic Way!

Tomorrow, I'm going to do a dance when I leave the voting booth - In your face Mother Flounder!

[patrice]

23. As someone who had a wireless transmission intercepted & my bank account hit for

$500.00, I cannot recommend a fight against this software more strongly.

[liberal N proud]

24. I just called and got a live response - surprised!

They are telling people that it is not going on voting machines but on equipment that transfers the data.
I said that was still a concern and I recall 2004 and did not want to see this happen again.

They are being flooded with calls.

Keep calling!!!!!!

[SaveAmerica]

35. Funny cause that's exactly the problem!!Swapping while transferring

[lindysalsagal]

28. I just left a message:

"We know about your u-certified software that will send the vote tabulations through wireless transmission. It is a violation of federal election law. People like me will put our money together to make sure that you will be arrested and sent to jail. So, take it out, now."

And I wasn't nice. either.

[busterbrown]

31. Husted would be fucking nuts at this point to try and pull anything illegal.

Everyone and their mother will be hawking those machines tomorrow. All we need is a court order to
hold and seal these machines after the election. Need to hire computer tech. people to stand by.
But if I was Secretary Of State, I wouldn't fuck with Voting Machines with all this attention.

I understand they are fucking insane, but to loose your freedom and be labeled a felon at this
point in his career sounds suicidal!

[liberal N proud]

47. He is just a bold criminal who will not stop until he is in jail.

[Kablooie]

55. But if Romney wins as a result he will be a GOP hero and Romney can commute his sentence.

Any legal remedies would only happen long after Romney had become president.

Any analysis of the code will happen after the election is over. I'm sure if the software is illegal it's designed to do something like rewrite itself into legal code immediately after the election is over and therefore destroy any evidence that it was illegal.

I know it sounds insane but so many things the GOP has done recently has been insane that I don't put anything beyond them.

[AikidoSoul]

69. No, it does not sound insane. You are absolutely correct. Software can be

written to disappear itself after a certain time. If a configured like some viruses are configured, it could not only disappear for a time, it could also reappear at a designated time.

Our company has actually designed a patch for a customer to destroy data on a certain date, and then destroy itself immediately afterwards. It was a legitimate reason for this....but when we're talking about voting methods, this is just one possible scary EASILY ACCOMPLISHED scenario.

Using computers to count votes is nuts. There should be a paper ballot no matter what that can be counted by hand to verify the vote. It's the only way.

[ecstatic]

59. Based on how determined he was to cut early voting,

I think it may be the only card they have. At best, they can cause millions of votes to be lost, but I think that would require a re-do election.

[SaveAmerica]

33. After spending '04-'08 in DU's voting reform group I'm sick

to see the same old names fighting against the same old tricks. Thankful that they're on this but frustrated that a decade later it is still necessary.

[garybeck]

34. link? I don't see anything on the freepress website about the lawsuit. n/t

[robinlynne]

37. Sorry, i just removed the link because my email info was in it. A Duer alerted me. message me if you

want, I'll forward you the email. I can't figur eout how to remove my information and repost.

[Scrapmom22]

38. mailbox full, where is Eric Holder?

Mailbox full, no surprise. Where has Eric Holder been when this guy has been doing all this? The patches went in over the weekend. How many Presidential elections will the Republicons be able to steal? 2000, 2004_OHIO !!!! ENOUGH IS ENOUGH!!! The patches need to be removed and Ohio needs to be monitored. Shame on the US for looking like a 3rd world country. We need election and fundraising reform!

[ailsagirl]

42. Kick

[RoccoR5955]

43. NOOOOOOO!!!!!! You don't wirelessly transmit sensitive data like that!!!

WHAT KIND OF A MORON DOES THAT?
ANY KIND OF ENCRYPTION CAN BE BROKEN, AND ALREADY HAS BEEN BROKEN.
ONLY AN IDIOT WOULD TRANSMIT SENSITIVE DATA LIKE VOTES WIRELESSLY!

If you need someone to vouch for this, and see how it's done, just ask, or ask anyone who knows how to use Wireshark.

[FiveGoodMen]

44. I'm betting that it WAS tested.

And that we won't be told what the results were.

[AzDar]

45. K & R

[UCmeNdc]

46. Anyone can intercept and change vote counts

[randome]

49. I would think they would need to decrypt it first. And that would take a little time.

Not much time but enough to be noticed.

[mrsadm]

48. Does anyone know what or if ...

Anonymous is doing anything about this?

[trayfoot]

50. Just sent an email.

[Mc Mike]

51. Thanks, rl, and FreePress. +1, nt.

[Kablooie]

54. If Ohio goes to Romney he will only need 19 more electoral votes to win.

I know most people here are dancing around celebrating but I just can't feel that way.
There are too many suspicious reports about the GOP stealing this thing and I can't believe all of them are frivolous.

[strange7]

60. Call

I just called the 1-877# and was told the mailbox was full and they could not take any more messages, wow! must have been slammed with calls it's going to work power of the people

[Tx4obama]

61. Kick! n/t

[sally5050]

62. The Patch is installed last minute WHY????

because this patching was first invented in 2002 and then 2004 in Georgia with Diebold machines and it is the brainchild of Karl Rove.

Last minute patch means no time for any techies to dissect or 'discover' the true nature of the patches.

GUESS what else they do.. they pick up the machines so quick after elections it will make your head spin and remove the "patch software"

this trick has been used every 2 years.

THe bigger ROOT CAUSe is that with all the work Fritrakis and Arnebeck have done to prove election fraud, Obama NOT LISTENING.

well , let's hope we have such a democratic turnout so large, that we get over what is obviously now at least a stolen Ohio and possibly a stolen Florida and colorado.

Husted will do nothing anymore than Ken Black did anything but tow the GOP corporate line.

The real question is WHY we the citizens continue to bear the cost and burden of election integrity when it belongs on the backs of our government?

[silvershadow]

64. So, what are these 2500 Obama lawyers that are in Ohio doing about this? I sure they aren't just

sitting on their thumbs, yet the election begins in just a few short hours! Surely someone has some info...