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Executive Sims responds to 36th's Election Equipment Resolution

On June 30th, the Executive Board of the 36th District Democrats sent to King County Executive Ron Sims a resolution regarding its concerns about the purchase of new Diebold election equipment and software for the 2008 election.

On July 24th, the Board received its response in a letter from the Executive. The letter clarifies Ron Sims' current position, which is, in short, that the County will not purchase the equipment and software unless they are certified by federal and state agencies. According to Sims, if the new equipment isn't certified in time for the 2008 elections, then the County will delay "the transition" until 2009. Sims doesn't say exactly what he means by "transition," nor does he describe what the backup plan is if the equipment and software aren't certified in time.

In the meantime, the County Council is set to make a decision about the purchase on Monday. Of course, the Council could delay the decision, but I'm hearing that a 5-4 majority is prepared to vote in favor of purchasing the software and equipment contingent upon them receiving federal, state and county certification in time for the 2008 election. As I understand it, an ordinance requires the County to move to an all-vote-by-mail (all-VBM) election in 2008. It isn't clear what the Council's plan is if the equipment and software aren't certified in time. Ron Sims has stated outright that he will not use the current equipment for an all-VBM election in 2008. He says that he will revert to the current dual system of vote-by-mail and vote-by-polling-place. However, he could only do that legally if the Council repealed its ordinance.

King County Elections would be the obvious party to generate a backup plan in the event that the equipment and software aren't certified. It would be interesting to know if they have one. If they do, then they ought to share it with Executive Ron Sims, who makes no mention of it in his letter:

July 24, 2007

Thank you for writing to share your concerns regarding the recommendation King County Elections has made to upgrade our existing Diebold software and purchase DRS tabulation scanners. I understand your concerns and appreciate the opportunity to address them.

Working with staff from King County Elections, I have proposed purchasing new tabulation equipment that is currently undergoing federal certification. The purchase of this equipment is contingent on the outcome of both the federal and subsequent state certification. If the equipment does not pass these requirements, it will not be purchased and the transition will be delayed until 2009. We will not implement uncertified and untested equipment in King County.

The federal certification process is lengthy and stringent. Rest assured that although not yet implemented in the United States (but currently in use in Europe), the DRS tabulation scanners will be thoroughly tested by independent laboratories. The equipment and Diebold software upgrade are tested extensively to ensure they meet strict federal standards and source code is reviewed. Earlier this year the federal certification process shifted hands and is currently supervised by the Elections Assistance Commission and the National Institute of Standards and Technology. The recommended Diebold/DRS system will undergo a new, stricter and more methodical certification process than ever before, due to election reform legislation passed in the wake of the 2000 presidential election. The Diebold system will be one of the first certified systems using the new regulations.

Along with the federal and state certifications, King County will also perform our own rigorous acceptance testing--prior to purchasing the equipment. This will include testing the entire system and each component in a mock election with "real life" scenarios. As part of the election process, elections performs logic and accuracy tests before each election, followed by a random, post-election audit. In fact, representing King County Elections I have initiated actions to seek legislation to update state law, and increase the required percentage of ballots that are manually audited. I believe this will provide confidence that the Diebold equipment is tabulating correctly and will put in place checks and balances to ensure our equipment is working flawlessly and has not been manipulated.

While the specific software version that will run the new scanners has not been used in an election; the hardware, scanners from DRS, have been used to count more than 5 million ballots in London, England since 2004. The Diebold GEMS software, the heart of Diebold's tabulation system, has been used in King County since 1998, and has not failed or caused miscounting or discrepancies in ballot tabulation. The upgraded system comes with many new security features.

King County has successfully used Diebold equipment, both hardware and software, since 1998, without issue. The company and the equipment have proven themselves technically reliable and we have not had security breaches or cause for concern. Security does not stop at the equipment; King County Elections has stringent physical security and processes and procedures in place to prevent and test daily for tampering. The tabulation system I recommend King County purchase in 2008 contains many enhanced security features, such as encryption.

Thank you again for your interest in this issue. Please do not hesitate to contact King County Elections directly with any further questions at 206-296-1540.

Sincerely,

Ron Sims
King County Executive

cc: James J. Buck, County Administrative Officer Designee, Department of Executive Services (DES)

Sherril Huff, Director, Records, Elections and Licensing Services, DES


< Un-F#*!%NG Believable! | King County Elections misleading the public? >
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King County Elections has frequently said that the brand new Diebold scanners/tabulators will be subject to a stricter standard of testing, including line for line review of source code.

Electronic voting equipment must be certified at the federal level in order to be used in this state. To become certified, the equipment is "tested" by independent testing labs that are "accredited" for this purpose. There are three labs: SysTest, Wyle and Ciber. The latter lost its accredidation about a year ago based on its history of inadequate quality assurance and inability to document that critical tests were performed.

The ITL's are said to conduct tests based on the Election Assistance Commission's voluntary standards.  One of these voluntary standards is that a voting system cannot rely on "interpreted code" to operate, and the Diebold machines rely on interpreted code to function. It is this interpreted code, which is located on the memory card, that allowed the now famous Harri Hursti hacks.

The labs, also referred to as ITA's, used to be accredited by the National Association of State Election Directors (an obvious conflict of interest). Now the labs are accredited by the Elections Assistance Commission, a 4 person committee whose members are appointed by the President of the United States (another conflict of interest).

New standards have been established since the EAC took over accredidation. The standards are said to be stricter. I have not had a chance to review the new standards. However I was told by a rep of Voters Unite that he does not believe that the new standards require line for line review of the source code (which is not sufficient anyway, but may be discussed in a future post). Plus, the testing process is still secret.  The testing is done pursuant to a confidentiality agreement.  If any problems are discovered in testing, no one will hear about them.

Furthermore, although the new uncertified Diebold tabulators are currently undergoing certification testing, the same Voters Unite rep indicated that these machines are being tested to the 2002 standards, not the 2005 standards, as indicated by KCE. I will try and look into this.

 

by raincity calling on Fri Jul 27, 2007 at 04:25:02 PM PST

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Hi DWE. Thank you for your work on behalf of election integrity.

I've been remiss in not blogging about some recent events. This comment is a two-fer: the 46 LD's resolution and our Q&A/debate with Bill Huennekens.

---

This is the resolution the 46 LD passed two weeks ago. It's pretty good. Thanks to Chad Lupkes for bringing the county's resolution, which was used to amend the 46 LD's resolution into something much better.

Resolution of the 46th District Democrats Supporting All Vote-By-Mail in
King County and Calling for Thorough Evaluation and Public Testing of
Elections Equipment for Use in 2008 Election

WHEREAS, the 2008 election will be one of the most important elections in the history of
our country and our state; and

WHEREAS, it is a priority of the Democratic Party to transition our electoral process in King
County to all vote by mail to maximize voter participation and strengthen our democracy;
and

WHEREAS, 38 of 39 counties in Washington state have already made the transition or are in
the process of making the transition to an all vote by mail system to maximize voter
participation and strengthen our democracy; and

WHEREAS, King County is considering purchasing new election equipment that will allow
King County to transition to all vote by mail for the 2008 election; and

WHEREAS, it is a requirement of Federal Law that any ballot tabulation election equipment
used by King County be fully certified by the Federal Elections Commission prior to use in
an actual election; and

WHEREAS, in accordance with Federal Law, the election equipment being considered for
purchase by King County will be fully tested and certified prior to use in an election; and

WHEREAS, if the election equipment being considered for purchase by King County does
not receive the required certification, then it will be returned to the manufacturer at no cost to
King County taxpayers; and

WHEREAS, the King County Elections Office has many public oversight mechanisms in
place and has received national recognition as a leader in election management;

NOW THEREFORE BE IT RESOLVED that the 46th District Democrats urges the King
County Executive and the King County Council to thoroughly and completely evaluate all
options for equipment that will enable All Vote-By-Mail in King County in 2008--including
the use of existing equipment, new equipment or a combination therein; and

BE IT FURTHER RESOLVED that the 46th District Democrats urges the King County
Executive and the King County Council to require King County Elections to conduct a local
public demonstration of equipment, new or used, that would be utilized in the 2008 elections,
and that the local public demonstration and testing of the equipment be completed before
King County commits to purchasing new equipment.

Adopted by the 46th District Democrats on Thursday, July 19, 2007.

(link to original)

---

So here's the thing. The intent of the above resolution is pretty clear: Try before you buy. Common sense.

During our Q&A session with Bill Huennekens last week, he responded that "Diebold will not get a cent before this equipment is certified and tested."

I rebutted by saying "You and Diebold are trying to push through a contract with the county right now." Huennekens acknowledged that was true.

Ah ha. Huennekens is making a distinction between having a contract and buying the equipment. A nominal distinction if there ever was one. And enough to placate the viewing audience. (For the most part, whenever we tell people what's happening right here in King County, they get pretty grumpy pretty quick.)

I'd prefer our county was a bit more skeptical. The intent of our resolution is pretty clear. I used the analogy of how buyers always test drive their new cars.

Let Diebold show that the DRS et al works as advertised. Then, and only then, should the county consider contracts, purchase orders, statements of work, or whatever else one wants to call it.

Thanks for listening.

by zappini on Sat Jul 28, 2007 at 08:16:46 AM PST

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As I understand it, the CA Secretary of State (D) required a report from an independent expert panel on security of the voting machines they are using (3 different systems). Here's a DKos article on the panel's findings. The article's author cites this as a key finding:

The short time allocated to this study has several implications.  The key one is that the results presented in this study should be seen as a "lower bound"; all team members felt that they lacked sufficient time to conduct a thorough examination, and consequently may have missed other serious vulnerabilities.  In particular, Abbot's team reporter that it believed it was close to finding several other problems, but stopped in order to prepare and deliver the required reports on time.

[emphasis theirs]

In the meantime, I'm told that the King County Council will receive a briefing on the new election equipment from its expert panel on Monday morning--just before it's scheduled to consider the purchase of the equipment. Will they have time to digest the report and make thoughtful decisions when they consider the purchase?

by DWE on Sat Jul 28, 2007 at 09:57:44 AM PST

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Ron Sims is wrong. Since this has all happened on his watch... how can he be so wrong?

Diebold didn't create the Accuvote, they bought the company. To the best of my recollection, Diebold bought their way into the business here in King County by buying the company which originally produced the Accuvote and sold it to King County Elections.

Problems? We got problems! Notwithstanding that the problems which occurred which led to the formation of the CEOC weren't specifically hardware-related, the 2007 primary and general elections were the only times that I am aware of where the Accuvote tapes agreed with the pollbooks at the end of the night, or when they didn't the discrepancies were explicable. In previous elections there have been pollbooks where there the only thing to write on the line where you're supposed to explain the discrepancy was "I don't know!"

This is the problem with going to all-vote-by-mail, beyond any technical or logistical considerations: it is going to take this process and put it out of sight and out of mind, and make it that much harder to refute when someone like Ron Sims makes bold and wrong assertions which, at this juncture, given the gravity of the situation he should have thoroughly checked. If he hasn't checked them by now he's incompetent; if he did, then he's a liar.

by m3047 on Sun Jul 29, 2007 at 01:03:58 PM PST

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I recall reading somewhere recently that a significant number of the "5 million ballots" in London weren't actually vote-by-mail, that that represents the total number of ballots. Furthermore, that the ballots were vastly different, far less races.

I also recall something about GEMS not being able to handle the number of projected ballot styles or something like that, and that was why we had to go to the new equipment; that there was an upgrade option but that that was not being pursued because doing so would undermine the case for going to the new equipment.

by m3047 on Sun Jul 29, 2007 at 01:23:12 PM PST

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