Actionable evidence of machine tampering?

[pointsoflight]

If you recall, several weeks ago there was a story about an authorized person getting access to a computer used for the election in Ohio. The full report is given below, but a few things to note: (a) the person was on the computer that was used to tabulate the votes, (b) the person was working on the computer over the weekend shortly before election day, (c) the person was not authorized to access the computer, (d) the person was not supervised while on the computer, and (e) the person was not even a current employee of ES&S (the software manufacturer), but a former employee.

Couldn't one reasonably argue that this is prima facie evidence of machine tampering, which actually shifts the burden of proof over to election officials to prove that there was not fraud? Can't this be used as the basis to supeona the individual who was on the computer? Can't this be used as the basis to take the computer, software, etc. into evidence, and have computer experts look at them?

--

Report:

Board awaits state followup
By ERIN MILLER, The Evening Leader. November 6, 2004

WAPAKONETA Auglaize County Board of Election members say they have not heard any more from the state regarding a possible investigation after receiving notice of being placed on administrative oversight last week.

"Absolutely nothing," board member Diana Hausfeld said in a telephone interview Wednesday afternoon when asked if the board had received any information about the investigation

Election Board Director Jean Burklo, in her office Wednesday morning, said she has not received any information from Secretary of State J. Kenneth Blackwell's office since notice of the board being placed on administrative oversight arrived late on Oct. 30.

James Lee, spokesperson for the secretary of state's office, said last week the specific conditions of the administrative oversight and reasons for the oversight were available after Tuesday's election. Lee said Wednesday afternoon the Secretary of State's office was focusing its efforts on assisting county elections boards with processing and counting provision ballots.

"These other issues will be addressed in the coming weeks," Lee said.

In a letter dated Oct. 21, Ken Nuss, former deputy director of the Auglaize County Board of Elections, claimed that Joe McGinnis, a former employee of Election Systems and Software (ES&S), the company that provides the voting system in Auglaize County, was on the main computer that is used to create the ballot and compile election results, which would go against election protocol. Nuss claimed in the letter that McGinnis was allowed to use the computer the weekend of Oct. 16.

Nuss, who resigned from his job Oct. 21 after being suspended for a day, was responsible for overseeing the computerized programming of election software, according to his job description. His resignation is effective Nov. 11.

The letter also included allegations that Burklo released a sheet from a petition packet filed by Auglaize County Common Pleas Judge Frederick Pepple last December.

[Ima]

1. this be him

[HereSince1628]

2. Is is just me or does he have Bush-like eyes?

and what is that black and red thing almost out of view in his right hand?

[Ima]

4. site of interest

According to Lexis Joe McGinnis was the Marketing Representative for ES&S

ex-ES&S Joe McGinnis violated Election Protocol on 10/16
http://www.theeveningleader.com/articles/2004/11/06/news/news.01.txt

...there is also a Robb McGinnis:

http://www.wishtv.com/Global/story.asp?S=1712213&nav=0Ra7LXSW
March 15, 2004
Johnson County Demands Answers From ES&S

"..ES&S had installed illegal software in touch-screen voting machines used
by three Indiana counties last November...
...Compliance also means a test next week of software illegally used in the
November election. “We´ll run some votes, print some results. We´ll verify
that everything´s correct,â€� said Robb McGinnis, ES&S.
....................................................................
All commercial programs have provisions to be encrypted so as to
protect them from having their contents read or changed by anyone not
having the key..The line that staggered the Hopkin´s team was that the
method used to encrypt the Diebold machines was a method called
Digital Encryption Standard (DES), a code that was broken in 1997 and
is NO LONGER USED by anyone to secure prograns.F2654hd4 was the key to
the encryption. Moreover, because the KEY was IN the source code, all
Diebold machines would respond to the same key. Unlock one, you have
then ALL unlocked.

http://66.102.7.104/search?q=cache:I4ORmINVBJYJ:www.godlikeproductions.com/bbs/message.php%3Fmessage%3D25677%26mpage%3D1%26topic%3D3%26showdate%3D11/11/04%26replies%3D24+Joe+McGinnis+%22ES%26S+%22&hl=en&lr=lang_en

[ClintCooper2003]

3. excellent work! pass it on to votecobb.org and others!

[Ima]

5. ..this is INDIANA...but worth a read

March 15, 2004



Johnson County Demands Answers From ES&S

The Indiana election commission bailed out a company called Election Systems and Software (ES&S) on Wednesday.



ES&S had installed illegal software in touch-screen voting machines used by three Indiana counties last November. On Friday night, Johnson County's election board met with ES&S officials to get guarantees that obligations will be met.

“I just think I was absolutely lied to by your CEO and I'm more than on the slow burn about it. I think you guys sat in this room and you all lied to me,” said Brian Burdick, Indiana election commissioner, to ES&S at a meeting on Wednesday. Commissioner S. Anthony Long angrily told ES&S Vice President Ken Carbullido that he would fine ES&S if he could have done so.

“I know if I were county attorney you'd be served tomorrow. And not only would you be sued, you'd be leasing equipment from your competitors to have in place in those counties which they liked,” said Burdick.

http://216.239.63.104/search?q=cache:mVA0HPpcAOgJ:www.wheresthepaper.org/iTeam03_15JohnsonCtyESS.htm+Joe+McGinnis+%22ES%26S+%22&hl=en&lr=lang_en

[NJCher]

6. wow

I liked how he called them "derelicts."


Cher

[Ima]

7. tidbit on Kathrine Blacknotsowell

The right-wing New Life Church voting glitch is interesting. Free Press
> reporter Marley Greiner has been tracking Blackwell's relationship with far
> right-wing religious forces like Biblical America and Christian dominionist
> groups that want to establish theocratic religious rule in America.
> Blackwell was campaigning around the state with the Reverend Rod Parsley as
> part of a "Silent No More" tour in support of amending the Ohio Constitution
> to outlaw gay marriage, on the ballot as Issue One. Many mainstream
> commentators claim it was the widely popular Issue One amendment campaign
> that brought out Bush voters in record numbers in rural Ohio. Gay marriage
> was already outlawed by state statute, and six of the seven Ohio Supreme
> Court justices are Republicans.


http://216.239.63.104/search?q=cache:2UTwifu435IJ:www.listproc.bucknell.edu/archives/femecon-l/200411/msg00069.html+Joe+McGinnis+%22ES%26S+%22&hl=en&lr=lang_en

[Ima]

8. Joe..Robb,,,Kieth...and Dan McGinnis

ALSO ATTENDING: Raymond Crawford, candidate for state representative, William Nelson, candidate for state representative, and Robb McGinnis, Keith McGinnis, Dan McGinnis, and Jack Black, representatives of Election Systems and Software, Inc.

http://66.102.7.104/search?q=cache:yvGkOJwbc4UJ:www.state.in.us/sos/elections/iec/minutes/min3232000.html+Joe+McGinnis+%22ES%26S+%22&hl=en&lr=lang_en


Just employees? They must have a hiring preference, for the surname McGinnis