Tuesday, April 20, 2004

Diebold Another Day

The Oakland Tribune, of all places, is advancing the story about the problems with Diebold computer voting machines in California. Here's the start of today's front page story:

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.

And here's more:

Starting Wednesday, California elections regulators will debate punishing Diebold for fielding unapproved voting systems in violation of state law. They could ban the use of some or all Diebold equipment in California elections, even bar the nation's second largest voting-systems provider from doing business in the largest state.

...

At the time, Jones Day already was scoping potential defenses to a California False Claims Act suit against Diebold that is filed under seal and not publicly available.
...

If the plaintiffs prove that Diebold knowingly made misrepresentations to local governments to win voting-systems contracts, such as its $12.7 million sale to Alameda County and its $31 million sale to San Diego County, Diebold could face punitive damages for up to three times the contracts' value.

I wonder if this is enough to kill Diebold's "Accountability Last" version of electronic voting in California and across the country.

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