, & @andrewgillum
Thank you for fighting to ensure that votes were counted as cast in your respective races. As an election integrity advocate, writer, and attorney, I wanted to share some facts with you that I believe warrant a motion... 1/
... to enjoin certification of results before a full manual recount of all paper ballots (not just the under and over-votes) is conducted. I provide links to the sources for all such facts within and/or at the end of this Thread. 2/
First, starting in 2015, Florida became one of a small number of states to allow voting machine vendor ES&S to install cellular modems in its DS200 precinct scanners, which are used throughout the state of Florida. 3/
As explained by cyber-security and election expert Andrew Appel (Princeton University), such modems would allow hackers to alter results via fake cell towers as the tallies are in transmission from the precincts to each county's central tabulator. https://freedom-to-tinker.com/2018/02/22/are-voting-machine-modems-truly-divorced-from-the-internet/
6/ Election integrity advocate John Brakey, who works with election attorney Chris Sautter and is in Broward County right now, has since told me that he has reason to think such modems are in every Florida county that uses ES&S DS200 scanners.
7/ Meanwhile, ES&S recently admitted, after initial denials, that it has installed remote access software in election management systems (which include the county central tabulators) in 300 jurisdictions that it won't identify. https://www.npr.org/2018/09/21/649535367/hacks-security-gaps-and-oligarchs-the-business-of-voting-comes-under-scrutiny
8/ Upon receiving this news, Senator Ron Wyden (Oregon) remarked that 'Remote-access software and modems on election equipment 'is the worst decision for security short of leaving ballot boxes on a Moscow street corner.'" https://motherboard.vice.com/en_us/article/mb4ezy/top-voting-machine-vendor-admits-it-installed-remote-access-software-on-systems-sold-to-states
9/ According to election and cyber-expert Douglas Jones, “Certainly, [Diebold Election Systems] did the same...In the case of [Diebold], many of their contracts with customers included the requirement of a remote-login port...
11/ Indeed, a 2004 DHS cyber-alert about Global/Diebold's election management system central tabulators stated that "A vulnerability exists due to an undocumented backdoor account, which could a local or remote authenticated malicious user modify votes." https://www.us-cert.gov/ncas/archives/bulletins/SB04-252
12/ As far as I know, this vulnerability was never addressed or remedied. Diebold equipment, like ES&S equipment, is used in various counties throughout Florida. https://www.verifiedvoting.org/verifier/#year/2018/state/12
13/ Meanwhile, as explained by IT election expert Alex Halderman, the only way to know if an election was hacked is to hand count the paper ballots and compare the total to the electronic tally. https://medium.com/@jhalderm/want-to-know-if-the-election-was-hacked-look-at-the-ballots-c61a6113b0ba
14/ As you know, most paper ballots have not been manually counted in Florida because Florida's "manual recount" law is a sham, allowing manual recounts only as to under-vote and over-votes. https://medium.com/s/story/floridas-recount-is-a-sham-4023763ca84b
15/ As if this weren't enough, since 2013, ES&S has donated more than $30,000 to the Republican State Leadership Committee, whose mission is to elect Republicans to state office. https://www.nvsos.gov/SOSCandidateServices/AnonymousAccess/CEFDSearchUU/ContributionResults.aspx?ns=Election+Systems+%26+Software
16/ Based on these facts, anything less than a full manual recount of all Florida ballots (not just under and over-votes) would preclude anyone from knowing whether the electronic results are legitimate, violating citizens' right to vote and to have their votes counted as cast.
17/ In support of this argument, you could use the authority included in the brief from the recent Georgia paper ballot suit in which plaintiffs sought to enjoin the use of Georgia's paperless voting machines. https://www.scribd.com/document/385466124/Coalition-Plaintiffs-Motion-for-Preliminary-Injunction
18/ Although the Georgia federal court held there was insufficient time to order the use of paper ballots in the midterms, it also ruled that the plaintiffs were likely to prevail on the merits of their claim. …https://coaltionforgoodgovernance.sharefile.com/share/view/s5a32fac259b4f249
19/ To be sure, Florida's machines differ from Georgia's in that Florida's machines use paper ballots & voter verifiable paper audit trails, whereas Georgia's machines are paperless.
21/ Thus, machine recounts in Fl are directly analogous to conducting an election with 100% paperless touchscreen machines. Both render the right to vote meaningless, especially where, as here, vendors have installed cellular modems & (perhaps) remote access software.
22/ In addition to seeking a full manual recount, I recommend that you request add'l time to compare precinct results from the initial election to reported outcomes.
23/ You would do this by obtaining the precinct results tapes and comparing them to the reported totals sorted by category (e.g., election day vs. absentee, etc.).
24/ Again, the vendors' undisputed use of cellular modems and (perhaps) remote access software in Florida necessitates this basic due diligence, and you should advise the court of this immediately.
25/ Without a full manual recount and a comparison of precinct results and reported totals, Florida citizens' votes could have been stolen without detection, rendering their right to vote illusory.
26/ Please feel free to contact me directly if you would like to discuss further.
's verifier tool shows that FL uses both ES&S DS200 scanners (the ones with the cellular modems) and Diebold scanners and voting machines (perhaps in conjunction with the Diebold GEMS central tabulators that DHS warned about in 2004). https://www.verifiedvoting.org/verifier/#year/2018/state/12
30/ Sales agreement between voting machine vendor ES&S and Escambia County, Florida referencing cellular modems for the DS200 scanners. http://agenda.myescambia.com/docs/2013/REGBCC/20130725_762/4651_Sales%20Order%20Agreement%20%26%20General%20Terms.pdf
31/ Lee County, Florida election technology report states the county’s DS200 scanners are to be “outfitted with cellular modems.” https://www.leegov.com/bocc/Documents/WorkSessionBackup/SupervisorofEvelectionsTechnologyOverview.pdf
32/ I believe that John Brakey of @AUDIT_AZ
, who is in Broward County right now, made this recent video proving that Broward County's ES&S DS200 scanners send results by cellular modem.
34/ P.S. I sent this information to you in an email as well via someone who I believe has direct access to the campaigns. I hope it reaches you. The last three or four posts in this thread were not included in the email. Everything else is there.
35/ P.P.S. If u think the voting machine situation will fix itself, consider this: John Kerry is only now acknowledging that his campaign suspected electronic vote tally manipulation during the 04 presidential election. If u don't address this, who will? https://twitter.com/jennycohn1/status/1037761953119100928
36/ History is already repeating itself in Ohio. If we want to avoid a similar fate in Florida, the time to stop it is now. https://twitter.com/jennycohn1/status/1062527155823796224
37/ Thread re: ES&S’s involvement in the Florida 2000 hanging chad debacle. https://twitter.com/jennycohn1/status/1064225469787062272?s=21
38/ Correction: ES&S does claim to have confirmed that remote access software was removed from its central tabulators but hasn’t said if this includes the Diebold contracts it acquired around 2009. It also hasn’t said when the remote access software was supposedly removed. TY.
39/ ES&S also hasn’t explained how it allegedly confirmed the removal of this remote access software that it previously claimed did not exist. And what about other vendors like Dominion?
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