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BREAKING FL-13: NEW UNDISCLOSED LETTER OF AGREEMENT FROM ES+S TO STATE UNEARTHED!

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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:26 PM
Original message
BREAKING FL-13: NEW UNDISCLOSED LETTER OF AGREEMENT FROM ES+S TO STATE UNEARTHED!
Edited on Sat Mar-24-07 08:27 PM by BradBlog
Source: BRAD BLOG



BREAKING FL-13: NEW UNDISCLOSED LETTER OF AGREEMENT FROM ES&S TO STATE UNEARTHED!
Terms of 'Independent' State Run Audit, Source Code Review Dictated by Voting Machine Company to Florida State Election Director Prior to Tests of Failed Touch-Screen Voting Systems from Contested Jennings/Buchanan Election!


The private voting machine company which manufactured the touch-screen hardware and software used during Sarasota, Florida's contested District 13 Congressional election between Christine Jennings (D) and Vern Buchanan (R) sent a letter in December of 2006 to David Drury, the chief of the state's Bureau of Voting Systems Certification, dictating the terms of the state-run audit convened to investigate the causes for massive undervote rate which seems to have tipped the election.

The extraordinary 3-page letter (posted in full at the end of this article) from Electronic Systems & Software, Inc. (ES&S), Vice President, Steven Pearson, is described as an "agreement" and instructs Drury on what may and may not be disclosed in the state's final audit report regarding the investigation.

The letter includes a long, bullet-pointed and very narrow litany of specific dictates concerning what may and may not be done and/or discussed by the state-convened panel of investigators in their final report...

FULL REPORT, COMPLETE LETTER &
NEW QUESTIONS NOW RAISED IN ITS WAKE:

http://www.bradblog.com/?p=4321



Read more: http://www.bradblog.com/?p=4321
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wakeme2008 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:28 PM
Response to Original message
1. Kick and nom... gov Crist wants these machines out :) :) nt
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MissWaverly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:35 PM
Response to Original message
2. I am kicking to the Greatest Page
I like people who are being investigated dictating the terms of the audit, it's truly
the Republi-cons in charge now. I saw on Tv the other night, a local repuke in our
state assembly claiming that "second hand smoke" was beneficial, I figure his donors
are grateful for his loyalty.
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Sancho Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:35 PM
Response to Original message
3. Florida has cost us two Presidential elections!
If you don't do anything else, let's put these guys out of business and the hackers in jail!
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dchill Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 12:11 AM
Response to Reply #3
15. So far...
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 03:16 PM
Response to Reply #3
31. and lest us not forget Home to the President's Brother JEB
Oh such a crime which has been brought upon the US through the Bush family
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bleever Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:44 PM
Response to Original message
4. ES&S sets all the conditions, and must approve of the final report before release.
It's the complete opposite of voter-owned elections.

Stunning in its monolithic criminality.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:44 PM
Response to Original message
5. Even tho people are not from Florida why can't we sue
on the grounds that fraud in the certifying of a person who did not win the election effects the rights of all Americans. Suppose this seat would give the republicans a majority. They would then be in charge and what would happen. So I feel that any American who is upset by this should be able to sue the state of Florida. What do you all think.
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renate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 11:35 PM
Response to Reply #5
12. your point sounds logical to me
Do class-action lawsuits have to be filed by a person living in the state where the company operates? (And even if they do... there are plenty of disgruntled voters in Florida to lead a lawsuit like that, and presumably anybody else would then be eligible to join in.)
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robinlynne Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 11:52 PM
Response to Reply #5
14. Actually that one election (and the 13 other contested elections0 does change our lives
tremendously! I'm so glad you brought that up. One more reason for people to participate in election protection activities.
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eomer Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 06:51 AM
Response to Reply #5
19. There is already a lawsuit brought by local Sarasota voters.
The lawsuit is Fedder v. Gallagher and there are eleven voters who are the plaintiffs. People for the American Way and the ACLU are providing lawyers and John Bonifaz is also involved. This lawsuit has been combined with Jennings v. Elections Canvassing Committee of Florida/Jennings v. Dent. The voter plaintiffs' attorneys are taking an active role and not just letting Jennings' attorneys run the show. Here is their latest filing (or at least the latest one available on the Election Law @ Moritz website):

http://moritzlaw.osu.edu/electionlaw/litigation/documents/Jenningsmotionforreconsider03-20-07_motion.pdf

Since PFAW and the ACLU are instrumental in bringing the lawsuit, I think of it as a lawsuit brought by the American people. They probably decided (from a legal point of view) that they needed local voters as plaintiffs but I still feel like my interests are being represented in this lawsuit.

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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 10:43 AM
Response to Reply #19
23. Thank you for this information.
I was wondering what was being done legally to get findings on what went on. Once the facts are established legally in one case, generally they cannot be attacked later. This is good.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 05:44 PM
Response to Reply #5
35. It would be nice but only the people of Florida have standing in a Florida election.
A citizen of Florida would have to file the lawsuit.

They should sue ES&S.
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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:45 PM
Response to Original message
6. And Senator Hagel owns how much od ES&S?

Maybe he won't run for ANYTHING after all!

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bonito Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:17 PM
Response to Original message
7. Kick
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:55 PM
Response to Original message
8. I hardly even know what to say about this.
Every time I think that I can't be more shocked by someone's behavior, every time I think that life has become a badly written political novel and that things can't possibly get any more surreal, someone still manages to kick it up another level.

It's outrageous that they would do this. It's outrageous that they would even think of doing this. And it's mind-boggling that they would be so stupid as to actually put it down on paper rather than in a phone call or face to face conversation.

If those guidelines are followed what exactly is left that could be considered an audit? :banghead:
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Raksha Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 03:55 AM
Response to Reply #8
16. I know just how you feel!
I haven't even read the article yet, just the headline and the little bit that was included in the OP. And just that took my breath away and made my blood run cold. The sheer criminality, the sheer EVIL of it all! Just when I think it can't possibly get any worse, just when I think nothing they do can shock me any more--they manage to kick it up another notch. Another day, another outrage...
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jazzjunkysue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 10:10 PM
Response to Original message
9. Even today, people react with open malice when I suggest the election
was rigged.

People really believe that in their america, the vote is real.

This is going to really hurt, and it's going to face months if not years of opposition before it becomes accepted.

And then, look out. Voter rage.
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 11:35 PM
Response to Reply #9
11. they, i know what you mean.
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Patsy Stone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 10:35 PM
Response to Original message
10. Well, isn't that convenient?
Edited on Sat Mar-24-07 10:35 PM by Patsy Stone
We'll tell you what you can do, what you can't do, and what you can say. Don't speculate, don't color outside of the lines -- when you're finished, I'm going to look it over to make sure that you've done it all according to our rules.

I'm very interested in the answers to Kim's questions.

Here's hoping Charlie sticks to his word and moves us on to paper ballots.
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robinlynne Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 11:50 PM
Response to Original message
13. Jesus!
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 05:47 AM
Response to Original message
17. Hm, this was done just in Florida?
What about Ohio?
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 05:51 AM
Response to Original message
18. recommend
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Twist_U_Up Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 07:13 AM
Response to Original message
20. Republican Senator Chuck Hagel holds or held a major stake in ES&S
Before his ascension to high office, Hagel was CEO of an earlier ES&S incarnation. Thus, when he ran for the Senate, his own company counted the votes. Needless to say, his initial victory was reported as "an amazing upset." Hagel still has or had a million-dollar stake in the parent company of ES&S. In Florida, Jeb Bush's first choice for a running mate in his 1998 gubernatorial race was ES&S lobbyist Sandra Mortham, who made a mint installing the machines that counted Jeb's votes.
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 09:06 AM
Response to Original message
21. My favorite ES&S fact (indictment?) is who their initial funder was: A truly evil dude--
Edited on Sun Mar-25-07 09:12 AM by Peace Patriot
righwing billionaire Howard Ahmanson, who also gave one million dollars to the extremist 'christian' Chalcedon foundation, which touts the death penalty for homosexuals (among other things).

THAT's the sort of people who are "counting" all our votes under a veil of corporate secrecy. Why are we surprised at the result?

Kudos to Brad--once again--for bringing us this news! I truly hope that the enlightened activities of People for the American Way, the ACLU and the awesome activists who are working on this lawsuit--and who are always behind dangerous, difficult exposes like this--can move the Democratic Party leaders off their corrupt behinds--the ones who have been larding this corporation and Diebold with billions of our taxpayer dollars, and are now planning to pay MORE billions to them to "fix" an election system that they deliberately broke, with more shiny doohickeys and secret coding. Why doesn't Congress just say: a ballot for every voter, and count them in a way that everyone can see and understand.

It's that simple.

I think, with the Democrats, it's mostly the fat contracts, and all that money trickling through their fingers to the states. So KEEP the goddamned machines (as a temporary measure--they'll become obsolete soon enough--when enough voters get on to them--or when our governments go bankrupt). Just COUNT THE VOTES.

In Venezuela, they hand-count FIFTY-FIVE PERCENT of the ballots, as a check on machine fraud--and they have an open source code system! (--anyone may review the code by which votes are tabulated). 55%!

THAT is an AUDIT!

This is the most plausible explanation I can think of--for our Democratic Party leaders' mindboggling silence on rightwing Bushite corporations "counting" all our votes with secret code, and for the Democrats in the current Congress proposing a lousy, stinking 2% audit. It's the contracts, stupid! It may be worse than that. It may be collusion on the war. I strongly suspect Christopher Dodd and Terry McAuliffe of this--direct collusion with the enemy to manufacture an endorsement of the war, and prevent it from being stopped by the 56% of the American people who opposed it before it started, and the 75% who oppose it now. If you are going to have a unjust, heinous war, in a democracy--especially one with the Vietnam War in living memory--you have to fix the elections. That's what they did. And all the Democrats voted FOR it, in 2002--even more Democrats than voted for the IWR.*

But I think it's mostly just corruption--perhaps some war corruption, and perhaps some fear, too. (If you oppose Diebold/ES&S, you'll be Kevin Shelleyed.) And note ES&S's utter arrogance, in this instance--their dictation of terms for their own audit. They act like Dick Cheney. (And if you oppose him, you get anthraxed.)

So, what are the chances of the Democrats in Congress coming up with a REAL solution (as per above: count the damn votes--machines or no machines)? Not very good.

Anyway, I've proposed a way to get around the corruption that ES&S and Diebold have introduced into our vote counting system, at all levels, and it is this: We had a big increase in Absentee Ballot voting in '06. I think this was a grass roots voter revolt--a boycott of the machines--an effort to get around the rigged electronics. We should be proud. It means that a lot of people have gotten the word, despite the corporate news monopoly "Iron Curtain" over this. The trouble is that this very big constituency for transparent vote counting (it's 50% in some places) is not getting what they want. Corrupt election officials often just "scan" the AB votes right into the rigged system. Human eyes don't count those votes. I think we need to mobilize the AB voters as a constituency, and get them down to their local registrars and state officials' offices to demand hand-counting of the AB votes and posting of the results BEFORE any electronics are involved. This will not only provide a good check against machine totals, it will snowball. Everyone will want their vote to be counted. The key is citizen pressure at the state/local level--the levels at which ordinary people still have some influence. This is the lo-n-n-ng way round to transparent vote counting--but when you've got major obstacles in front of you like bipartisan corruption, you have to get smart and wily and you have to think long term. We may have to suffer through Hillary or Jeb Bush or Chuck Hagel, before we can restore real vote counting. But it is a MUST DO, if we want our country back from the global corporate predators who have seized it.

I often come across impatience here at DU. We seem to think that, as North Americans, we are entitled to an easy, quick solution to our problems. And some still expect the powers-that-be to GIVE our democracy back to us. We need to learn the hard lesson of other cultures, and of history. WE are the "Banana Republic" now. And as these fuckers squeeze every last dime out of us, and use our soldiers as cannon fodder in their corporate resource wars, and destroy our Constitution, and loot everything in sight, and destroy our children's future, we have to learn endurance and patience, and we need to get much smarter about where power actually resides: in the vote. Ask the South Americans (where a big democratic revolution is under way, due in part to long hard work on TRANSPARENT elections). Ask the South Africans. Ask Nelson Mandela (30 years in prison). Ask black Americans. Ask your grandmother. At one time in the democratic world, blacks, browns and women did not have the right to vote. And it was a long and difficult struggle to change that. And many have died along the way, for the future rights of other people. The Voting Rights Act of 1965 was not a magic wand. It was the result of one hundred years of struggle. Same with the Declaration of Independence, every one of whose signatories died penniless, including its author, Thomas Jefferson.

That said, I think we can and will win our country back. Just think about these stats: 56% of the American people opposed the Iraq War from the beginning. 75% oppose it now. These are good people, who have been disenfranchised. Some are aware of it. And some are not. Brad and all election reformers have been doing a tremendous and essential patriotic work in spreading the word on this, and leading various struggles to change it. These are the Tom Paine's and Paul Revere's of our generation. We are privileged to be witnessing, and to be part of, American Revolution II--however long it may take to be fully realized.

-----------------

*(Only two US Senators voted against the "Help America Vote for Bush Act." Hillary Clinton and Charles Schumer. Go figure.)
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sellitman Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 06:30 PM
Response to Reply #21
37. This needs to be put into a separate post.
It is well written and DU would benefit from it's wisdom.

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CabalPowered Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 09:18 AM
Response to Original message
22. Kick!
I found this section just incredible..

"If no conclusive evidence is found then all other statements are not necessary"
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 10:45 AM
Response to Original message
24. When I think I cannot be shocked by the dishonesty and evil anymore...
...something like this comes along and proves to me that it is even worse that I imagined.

Wow!
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IWantAChange Donating Member (974 posts) Send PM | Profile | Ignore Sun Mar-25-07 10:47 AM
Response to Original message
25. What oversight committee addresses election issues?
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Joanne98 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 11:29 AM
Response to Original message
26. When are we going to get these people under oath.
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Pawel K Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 11:57 AM
Response to Original message
27. Send this story to Keith and Lou Dobbs
Edited on Sun Mar-25-07 11:58 AM by Pawel K
I know a lot of you hate Lou Dobbs, lately I do too. But our best shot to get this on the news is him as he has covered this a number of times.

The web contact form is http://www.cnn.com/feedback/forms/form5.html?9 . Does anyone have his show's direct email?
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Robson Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-26-07 09:22 AM
Response to Reply #27
38. Blackboxes : Not good for determining legitimacy of government.
Why do you hate Lou Dobbs? I like him because he isn't partisan and will cut both ways when necessary and he stands up for things that mean the most to most Americans, such as the middle class and having a country that isn't being sold out by special interests with an agenda.

This is another example where the "contractor" (ES&S) is the only subject matter expert on the proprietary "black box", and now it appears they get to dictate rules of investigation, and rule on the report. Ridiculous and Florida should have torn up this letter. Government has lost an ability to provide oversight on that which determines legitimacy of our government. It writes out checks for payment only. They have no one with true in-depth expertise on the product. This voting machine should be based 100% on open source code so that it can be evaluated by those in government and via independent reviews.

If I had my druthers we'd be voting using paper ballots and they'd be hand counted. We may not have the results by 10PM but the results we do get are auditable and legitimate. I put this whole fiasco in the realm of using a computer with questionable programming to balance a checkbook and write checks. It's an unnecessary expensive overkill that in the end is not as accurate or as dependable.

It was a Bush-Republican initiative to give billions of our tax dollars to political cronies and probably to control elections.
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catgirl Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 12:39 PM
Response to Original message
28. Not a shock

I hope this speeds up the Jennings case for a re-vote. I think
a class action suit is neccessary for depriving Floridians they're
rights to vote and stealing the 2000 election.
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Maestro Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 01:40 PM
Response to Original message
29. Gee what more has to come to light before
the general public just rises up and declares the last two elections bought and manipulated?
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Senator Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 01:59 PM
Response to Original message
30. Ha Proof! ... Let's Call the US Atty! ... oh, nevermind...
...loyal bushies uphold "rule by signing statement."

Still we may as well start preparing for 2008 helplessness, because it looks like the LiebDems may never impeach these election thieves.

Only Impeachment ... can be certain to stop Stolen Election III.

It's the only thing that makes any sense on any level - moral, logical, political, historical, electoral -- you name it. (That is, if one's not mired in the Beltway Bedlam Blather Bubble.)

It is our ONLY meaningful option.

--
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Kurovski Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 04:08 PM
Response to Original message
32. All of the machines must go.
The Evidence grows. The specific purpose of machine voting is to steal elections from the American people, and to usurp Democracy.
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Pryderi Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 04:18 PM
Response to Original message
33. Who is the US Attorney for Florida? hmmmm?
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AikidoSoul Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 04:58 PM
Response to Original message
34. K & R
Edited on Sun Mar-25-07 05:00 PM by AikidoSoul
Good work Brad. Please keep nailing it-- nobody does it better.

What do you think of Rebecca Mercuri's ideas about secure voting?

She's the one who gets it best I'd say... and is the one least hesitant to speak out about the dangers of using computers at all -- and has maintained position for years now.

Her site with recent update:

http://www.notablesoftware.com/evote.html

Rebecca knows the real meaning of integrity, both in voting systems and in terms of personal behavior.



Edit: Changed "here" to "her".
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Maraya1969 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-25-07 05:57 PM
Response to Original message
36. The voting machine company is telling the governmental over-site committee
that their findings have to be presented to the voting machine company before they are sent to the public for review!!!!!

Let's see, that is like telling the CSI that they have to give the forensic evidence to the suspect first, and then he can re-draft it and give it back to the CSI.

:wtf: THE BALLS OF THESE PEOPLE!
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Marnieworld Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-26-07 10:24 AM
Response to Reply #36
39. It's like giving OJ the glove to see if it will fit
You never give the defendant or co-conspirator control of the evidence. A private company giving the gov't their terms? Unbelievable. It's a joke.

(And if you don't understand my OJ metaphor, look at him try on the gloves again. He's clearly stretching his thumbs to prevent the gloves from fitting.)
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Up2Late Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-26-07 11:20 AM
Response to Original message
40. I hope someone has sent this to someone in Congress!
This is outrageous.

:mad:
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