April 20, 2004
Presented to Secretary of State Kevin Shelley
and the Voting Systems and Procedures Panel
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In sum, Diebold:
1. marketed and sold the TSx system before it was fully functional, and before it was federally qualified;
2. misrepresented the status of the TSx system in federal testing in order to obtain state certification;
3. failed to obtain federal qualification of the TSx system despite assurances that it would;
4. failed even to pursue testing of the firmware installed on its TSx machines in California until only weeks before the election, choosing instead to pursue testing of newer firmware that was even further behind in the ITA testing process and that, in some cases, required the use of other software that also was not approved in California;
5. installed uncertified software on election machines in 17 counties;
6. sought last-minute certification of allegedly essential hardware, software and firmware that had not completed federal testing; and
7. in doing so, jeopardized the conduct of the March Primary.
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http://www.ss.ca.gov/elections/touchscreen.htm