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e-Voting scandals

Via Dave Farber's IP list comes word of two separate scandals in the making.
In California, Diebold Election Systems, Inc. ignored their own attorneys' warning of possible criminal charges:

Attorneys for Diebold Election Systems Inc. warned in late November that its use of uncertified vote-counting software in Alameda County violated California election law and broke its $12.7 million contract with Alameda County.

Soon after, a review of internal legal memos obtained by the Oakland Tribune shows Diebold's attorneys at the Los Angeles office of Jones Day realized the McKinney, Texas-based firm also faced a threat of criminal charges and exile from California elections.

Yet despite warnings from the state's chief elections officer, Diebold continued fielding poorly tested, faulty software and hardware in at least two of California's largest urban counties during the Super Tuesday primary, when e-voting temporarily broke down and voters were turned away at the polls....

California elections officials said they are perplexed that Diebold apparently hasn't changed practices since a December audit revealed uncertified software running in every county that it serves.

"Diebold may suffer from gross incompetence, gross negligence. I don't know whether there's any malevolence involved," said a senior California elections official who spoke on condition of anonymity. "I don't know why they've acted the way they've acted and the way they're continuing to act. Notwithstanding their rhetoric, they have not learned any lessons in terms of dealing with this secretary (of state)."

The memos show that for months, Diebold attorneys at Jones Day have been exploring ways to keep the nation's second-largest electronic voting provider from losing an eighth of the national market.

Meanwhile, in Indiana, Election Systems & Software is being accused of intentionally deceiving an election board:

Marion County Clerk Doris Anne Sadler announced today that a portion of the voting system used in last November's election was never certified by the state of Indiana—casting doubt over last year's election results two weeks before the May 4 primary....

"With complete disregard for business ethics and with intent to deceive, (the company) worked to keep their actions from the Marion County Election Board and their employees," Sadler said.

The Marion County Election Board has scheduled an emergency meeting for Thursday to discuss what action to take. Election officials may try to get out of their $11.1 million contract with the company or could ask Indiana to ban their voting systems statewide.

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