Will The Next Election Be Hacked?

Fresh disasters at the polls — and new evidence from an industry insider — prove that electronic voting machines can't be trusted

ROBERT F. KENNEDY JR.Posted Oct 05, 2006 1:23 PM

Diebold's response has not been made public — but its machines remain in place for Georgia's election this fall. Hood says it was "common knowledge" within the company that Diebold also illegally installed uncertified software in machines used in the 2004 presidential primaries — a charge the company denies. Disturbed to see the promise of electronic machines subverted by private companies, Hood left the election consulting business and became a whistle-blower. "What I saw," he says, "was basically a corporate takeover of our voting system."

The United States is one of only a handful of major democracies that allow private, partisan companies to secretly count and tabulate votes using their own proprietary software. Today, eighty percent of all the ballots in America are tallied by four companies — Diebold, Election Systems & Software (ES&S), Sequoia Voting Systems and Hart InterCivic. In 2004, 36 million votes were cast on their touch-screen systems, and millions more were recorded by optical-scan machines owned by the same companies that use electronic technology to tabulate paper ballots. The simple fact is, these machines not only break down with regularity, they are easily compromised — by people inside, and outside, the companies.

Three of the four companies have close ties to the Republican Party. ES&S, in an earlier corporate incarnation, was chaired by Chuck Hagel, who in 1996 became the first Republican elected to the U.S. Senate from Nebraska in twenty-four years — winning a close race in which eighty-five percent of the votes were tallied by his former company. Hart InterCivic ranks among its investors GOP loyalist Tom Hicks, who bought the Texas Rangers from George W. Bush in 1998, making Bush a millionaire fifteen times over. And according to campaign-finance records, Diebold, along with its employees and their families, has contributed at least $300,000 to GOP candidates and party funds since 1998 — including more than $200,000 to the Republican National Committee. In a 2003 fund-raising e-mail, the company's then-CEO Walden O'Dell promised to deliver Ohio's electoral votes to Bush in 2004. That year, Diebold would count the votes in half of Ohio's counties.

The voting-machine companies bear heavy blame for the 2000 presidential-election disaster. Fox News' fateful decision to call Florida for Bush — followed minutes later by CBS and NBC — came after electronic machines in Volusia County erroneously subtracted more than 16,000 votes from Al Gore's total. Later, after an internal investigation, CBS described the mistake as "critical" in the network's decision. Seeing what was an apparent spike for Bush, Gore conceded the election — then reversed his decision after a campaign staffer investigated and discovered that Gore was actually ahead in Volusia by 13,000 votes.

Investigators traced the mistake to Global Election Systems, the firm later acquired by Diebold. Two months after the election, an internal memo from Talbot Iredale, the company's master programmer, blamed the problem on a memory card that had been improperly — and unnecessarily — uploaded. "There is always the possibility," Iredale conceded, "that the 'second memory card' or 'second upload' came from an unauthorized source."

Amid the furor over hanging chads and butterfly ballots in Florida, however, the "faulty memory card" was all but forgotten. Instead of sharing culpability for the Florida catastrophe, voting-machine companies used their political clout to present their product as the solution. In October 2002, President Bush signed the Help America Vote Act, requiring states and counties to upgrade their voting systems with electronic machines and giving vast sums of money to state officials to distribute to the tightknit cabal of largely Republican vendors.

The primary author and steward of HAVA was Rep. Bob Ney, the GOP chairman of the powerful U.S. House Administration Committee. Ney had close ties to the now-disgraced lobbyist Jack Abramoff, whose firm received at least $275,000 from Diebold to lobby for its touch-screen machines. Ney's former chief of staff, David DiStefano, also worked as a registered lobbyist for Diebold, receiving at least $180,000 from the firm to lobby for HAVA and "other election reform issues." Ney — who accepted campaign contributions from DiStefano and counted Diebold's then-CEO O'Dell among his constituents — made sure that HAVA strongly favored the use of the company's machines.

Ney also made sure that Diebold and other companies would not be required to equip their machines with printers to provide paper records that could be verified by voters. In a clever twist, HAVA effectively pressures every precinct to provide at least one voting device that has no paper trail — supposedly so that vision-impaired citizens can vote in secrecy. The provision was backed by two little-known advocacy groups: the National Federation of the Blind, which accepted $1 million from Diebold to build a new research institute, and the American Association of People with Disabilities, which pocketed at least $26,000 from voting-machine companies. The NFB maintained that a paper voting receipt would jeopardize its members' civil rights — a position not shared by other groups that advocate for the blind.


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