DOCSLIB.ORG

Appellants' Brief

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Appellants' Brief PENNY M. VENETIS, ESQ. RUTGERS CONSTITUTIONAL LITIGATION CLINIC* 123 Washington Street Newark, New Jersey 07102 Tel: (973) 353-5687 JOHN McGAHREN, ESQ. CAROLINE BARTLETT, ESQ. ROBERT P. ARTER, ESQ. PATTON BOGGS LLP The Legal Center One Riverfront Plaza, 6th Floor Newark, New Jersey 07102 Tel: (973) 848-5600 Fax: (973) 848-5601 Attorneys for Plaintiffs ASSEMBLYMAN REED GUSCIORA, SUPERIOR COURT OF NEW JERSEY STEPHANIE HARRIS, COALITION APPELLATE DIVISION FOR PEACE ACTION, and NEW JERSEY PEACE ACTION, DOCKET NO.: A-005608-10T3 Plaintiffs/Appellants, v. On Appeal from: CHRISTOPHER J. CHRISTIE, LAW DIVISION: MERCER GOVERNOR OF THE STATE OF NEW COUNTY DOCKET NO.: JERSEY, (in his official MER-L-2691-04 capacity) and KIMBERLY Sat below: Linda R. GUADAGNO, SECRETARY OF STATE Feinberg, A.J.S.C. OF THE STATE OF NEW JERSEY (in her official capacity), CIVIL ACTION Defendants/Respondents. BRIEF OF APPELLANTS * Counsel for Appellants acknowledge the work of Rutgers Law School Students Julia Casteleiro, Isabel Chou, Mark Heinzelmann, Erin Phalon and Jorge Sanchez in helping to prepare this brief. 114626 TABLE OF CONTENTS TABLE OF AUTHORITIES........................................ xvii PRELIMINARY STATEMENT.......................................... 1 PROCEDURAL HISTORY............................................. 4 STATEMENT OF THE FACTS........................................ 10 I. BACKGROUND.......................................... 10 II. APPELLANTS HAVE PROVEN THAT THE SEQUOIA ADVANTAGE 9.00H AND ITS WinEDS TABULATION SYSTEM CAN BE HACKED EASILY....................................... 17 A. There Is Overwhelming And Uncontested Evidence Showing That The Sequoia AVC Advantage 9.00H Is Unreliable.................. 17 1. The Sequoia Advantage 9.00H Is Unreliable Because A Legitimate ROM Chip On The Motherboard Can Be Easily Replaced With A Fraudulent ROM Chip That Makes The DRE Cheat....................... 17 2. The Sequoia Advantage 9.00H Is Unreliable Because Anyone With Moderate Computer Skills Can Devise Many Other Ways To Make It Steal Votes............... 22 3. The Sequoia 9.00H Is Unreliable Because Hundreds Of Thousands Of Individuals Possess The Skills To Create Fraudulent Vote-Stealing Firmware In The Form Of A Fake Z80 Chip On The Motherboard.......... 25 4. The Sequoia 9.00H Is Unreliable Because Fraudulent Firmware Can Easily Create Redundant, Identical Records Which All Agree, And Render Fraudulent Election Results Completely Unauditable............ 29 5. The Sequoia 9.00H Is Unreliable Because The Skills Needed To Create And Install Fraudulent Firmware On It Are Common...... 30 - i - 114626 6. The Sequoia Advantage 9.00H Daughterboard Is Particularly Unreliable................................ 33 a. The Daughterboard Is Another Computer Inside The DRE.............. 33 b. The Daughterboard’s Use of Flash Memory to Store Firmware is Extremely Insecure and Unreliable.... 33 c. Connecting WinEDS Computers To The Internet Multiplies The Danger Of Daughterboard Viruses................ 35 7. Even When Operated As Intended, The Sequoia AVC Advantage DRE Is Unreliable................................ 37 a. The Option Switch Bug Has Disenfranchised New Jersey Primary Voters............................... 37 b. County Clerks And Other Constitutional Officers Doubt The Reliability Of The Sequoia Advantage And The Validity Of The 2008 Presidential Primary............ 41 c. Protections Against The Option Switch Bug Have Not Been Adequately Addressed By The State Or Sequoia. ... 43 8. Many Other Bugs And Sloppy Software Practices Make The Sequoia Advantage 9.00H Unreliable.......................... 45 a. The Buffer Overrun Bug Can Shut Down The Advantage................... 45 b. Known Sloppy Practices And Bugs Make It More Likely That There Are More Bugs In The 9.00H............... 46 9. The Sequoia AVC Advantage 9.00H Is Unreliable Because It Falsely Tells Voters That Votes Are Recorded When They Are Not.............................. 48 - ii - 114626 10. The Sequoia 9.00H Is Unreliable Because Its Flawed User Interface Can Confuse Voters And Cause Lost Votes............... 50 11. The Sequoia AVC Advantage 9.00H Is Unreliable Because It Does Not Allow a Voter to Undo a Write-In Vote, Violating Federal Guidelines.............. 52 12. Prof. Appel Testified About Other Serious Flaws In The Sequoia AVC Advantage 9.00H DRE That Make It Unreliable................................ 53 B. The Sequoia Advantage WinEDS Vote Tabulating System Is Not Reliable......................... 54 1. The WinEDS System Is Unreliable Because It Cannot Ascertain Whether DREs Have Been Corrupted............................ 54 2. The Sequoia Advantage WinEDS System Is Unreliable Because A Bug In WinEDS Causes The Advantage 9.00H DRE To Fail To Report Candidate Vote Totals........... 56 III. APPELLANTS HAVE PROVEN THAT THE SEQUOIA ADVANTAGE DREs AND THE WinEDS SYSTEM ARE INSECURE AND READILY ACCESSIBLE TO HACKERS....................... 57 A. DREs Can Be Hacked At Polling Places And Warehouses By Insiders, Contract Workers, And The General Public. ............................ 57 1. The General Public Can Easily Access DREs At Polling Places And Hack The DREs...................................... 58 2. Warehouses Storing DREs Are Insecure...... 61 3. “Insiders” Pose The Greatest Risk To Tampering With The State’s Election Equipment................................. 64 4. DREs Can Be Hacked By Third Party Contractors............................... 67 5. New Jersey Has No Protections In Place For Its Voting Machines................... 69 - iii - 114626 B. DREs Can Be Purchased From The Internet........ 71 C. Once An Attacker Gains Access To The ROM Chip, The Attacked Can Reverse Engineer It To Create Vote-Stealing Software............... 72 D. WinEDS Is Insecure And Can Be Manipulated To Change Election Results........................ 74 1. Vote-Stealing Viruses From The Internet Can Infect Computers Running The WinEDs Election Tabulation Software And Can Propagate Through County Computers And Networks Used For Vote Tabulation......... 74 a. AmpX Was Downloaded From The Internet Causing Severe Vulnerabilities...................... 79 b. WinEDS Computers Can Be Connected To The Internet...................... 80 c. Any Computer Connected To Both The Internet And Internal Network Can Corrupt The Whole Network............ 82 d. Should Any WinEDS Computers Become Corrupted, The Integrity Of The Results Cartridge Becomes Suspect.... 84 e. Viral Propagation Can Infect The Daughterboard Of The AVC Advantage............................ 87 f. Appellees’ Witnesses Agree With Prof. Appel That Any Connection To The Internet Raises Serious Security Concerns.................... 89 IV. THE LACK OF STATE OVERSIGHT OF ELECTIONS OR STATE-WIDE PROCEDURES FOR POLL WORKERS MAKES MANIPULATING ELECTION RESULTS EASY.................. 92 A. New Jersey Does Not Have Uniform Procedures For Running Elections.......................... 92 1. Paper Results Reports Printed At The Close Of Polls Are The Superior Form Of Vote Tabulation........................... 93 - iv - 114626 B. It Is Easy For A Dishonest Poll Worker Or Election Staffer To Print Fraudulent Results Reports From Results Cartridges................ 95 C. Counties Rely On Results Cartridges For Official Election Results, And Do Not Use The Printed Results Report That Is Signed By Witnesses When The Polls Close................. 96 D. The State Relies On Results Cartridges For Election Results Even Though There Are Many Opportunities To Manipulate Results Cartridges.................................... 100 E. Results Cartridges Can Easily Be Acquired And Be Converted, Falsified, Or Altered To Manipulate Election Results................... 102 F. The State Does Not Require That Signed, Printed Result Reports Be Compared Against Results Cartridge Results..................... 108 V. THE STATE’S HAPHAZARD ATTEMPT TO DEVISE “SECURITY MEASURES” FOR USE ON DREs ONLY DEMONSTRATED THE STATE’S INCOMPETENCE............................... 110 A. Security Seals And Measures Proposed For Use By The State Were All Readily Defeated By Appellants’ Experts........................... 110 B. The State’s Haphazard Approach To Physical Security Does Not Protect DREs................ 111 1. Dr. Johnston Concluded That New Jersey Does Not Have An Effective Security Protocol in Place........................ 112 2. The State Took the Advice of Vendors on What Seals to Use........................ 115 3. Mr. Giles’ Lack Of Understanding Of Security Issues Exacerbates The Vulnerabilities Of New Jersey’s DREs..... 116 C. Retroactively Adding Security Products To An Insecurely Designed System Does Not Work; In Such Instances, Dr. Johnston And His Team - v - 114626 Recommend Exploring Different Security Approaches.................................... 118 VI. APPELLANTS’ EXPERTS’ ARE BETTER QUALIFIED TO ASSESS THE RELIABILITY AND ACCURACY OF THE SEQUOIA ADVANTAGE 9.00H. ................................... 119 A. Appellants’ Experts Are Better Qualified...... 120 1. Prof. Andrew Appel:...................... 120 2. Dr. Roger Johnston:...................... 123 3. Prof. Wayne Wolf:........................ 126 B. Appellees’ Experts Are Not Qualified To Issue Opinions Concerning New Jersey’s DREs... 128 C. Appellants’ Experts Examined The DREs And Security Seals................................ 132 D. APPELLANTS’ EXPERTS’ OPINIONS AND BELIEFS ARE SHARED BY MEMBERS OF THE SCIENTIFIC COMMUNITY, WHILE APPELLEES’ EXPERTS’ OPINIONS ARE NOT.............................. 136 VII. FACTS RELATED
Load more

Recommended publications
  • 2018 Annual Report | 1 “From the U.S
    A Rainbow Wave: 2018 Annual Report | 1 “From the U.S. Congress to statewide offices to state legislatures and city councils, on Election Night we made historic inroads and grew our political power in ways unimaginable even a few years ago.” MAYOR ANNISE PARKER, PRESIDENT & CEO LGBTQ VICTORY FUND BOARD OF DIRECTORS Chris Abele, Chair Michael Grover Richard Holt, Vice Chair Kim Hoover Mattheus Stephens, Secretary Chrys Lemon Campbell Spencer, Treasurer Stephen Macias Stuart Appelbaum Christopher Massicotte (ex-officio) Susan Atkins Daniel Penchina Sue Burnside (ex-officio) Vince Pryor Sharon Callahan-Miller Wade Rakes Pia Carusone ONE VICTORY BOARD OF DIRECTORS LGBTQ VICTORY FUND CAMPAIGN BOARD LEADERSHIP Richard Holt, Chair Chris Abele, Vice Chair Sue Burnside, Co-Chair John Tedstrom, Vice Chair Chris Massicotte, Co-Chair Claire Lucas, Treasurer Jim Schmidt, Endorsement Chair Campbell Spencer, Secretary John Arrowood LGBTQ VICTORY FUND STAFF Mayor Annise Parker, President & CEO Sarah LeDonne, Digital Marketing Manager Andre Adeyemi, Executive Assistant / Board Liaison Tim Meinke, Senior Director of Major Gifts Geoffrey Bell, Political Manager Sean Meloy, Senior Political Director Robert Byrne, Digital Communications Manager Courtney Mott, Victory Campaign Board Director Katie Creehan, Director of Operations Aaron Samulcek, Chief Operations Officer Dan Gugliuzza, Data Manager Bryant Sanders, Corporate and Foundation Gifts Manager Emily Hammell, Events Manager Seth Schermer, Vice President of Development Elliot Imse, Senior Director of Communications Cesar Toledo, Political Associate 1 | A Rainbow Wave: 2018 Annual Report Friend, As the 50th anniversary of the Stonewall Uprising approaches this June, I am reminded that every so often—perhaps just two or three times a decade—our movement takes an extraordinary leap forward in its march toward equality.
    [Show full text]
  • SMART CITY EXPO ATLANTA Georgia World Congress September 11-13, 2019
    SMART CITY EXPO ATLANTA Georgia World Congress September 11-13, 2019 CONFIRMED SPEAKERS as of 9.4.19 • Ambassador Andrew J. Young, Founder & Chairman, Andrew J. Young Foundation • Dr. Bernice A. King, CEO, The King Center • Keisha Lance Bottoms, Mayor, City of Atlanta • William H. Rogers, Jr., Chairman & CEO, SunTrust Banks, Inc. • Derek Schiller, President & CEO, Atlanta Braves • Alex Taylor, President & CEO, Cox Enterprises, Inc. • Tip "T.I." Harris, Artist, Entrepreneur, and Activist • John Hope Bryant, Founder, Chairman and CEO, Operation HOPE • Aarti Tandon, Co-Founder & CEO, Smart City Expo Atlanta • Ricard Zapatero Camps, CEO, Fira Barcelona International • Ugo Valenti, Director, Smart City Expo World Congress & Smart Mobility Congress • Bryan Barnett, Mayor, City of Rochester Hills, MI; President, U.S. Conference of Mayors • Kirk Caldwell, Mayor, City of Honolulu • Hardie Davis, Jr., Mayor, City of Augusta, GA; President, African American Mayors Association • Karen Freeman-Wilson, Mayor, City of Gary, IN; President, National League of Cities • Michael B. Hancock, Mayor, City of Denver • Eugene Grant, Mayor, City of Seat Pleasant, MD • Todd Strange, Mayor, City of Montgomery, AL • Frank Brocato, Mayor, City of Hoover, AL • W. Reed Gusciora, Mayor, City of Trenton, NJ • Andy Berke, Mayor, City of Chattanooga, TN • Miguel Sangalang, Deputy Mayor for Budget and Innovation, City of Los Angeles • Michael Nutter, Former Mayor, City of Philadelphia • Clarence Anthony, Executive Director, National League of Cities • Martin Davis, EVP &
    [Show full text]
  • Grassroots, Geeks, Pros, and Pols: the Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008
    MARTA STEELE Grassroots, Geeks, Pros, and Pols: The Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008 A Columbus Institute for Contemporary Journalism Book i MARTA STEELE Grassroots, Geeks, Pros, and Pols Grassroots, Geeks, Pros, and Pols: The Election Integrity Movement's Rise and the Nonstop Battle to Win Back the People's Vote, 2000-2008 Copyright© 2012 by Marta Steele. All rights reserved. Printed in the United States of America. No part of this book may be used or reproduced in any manner whatsoever without written permission, except in the case of brief quotations embedded in critical articles and reviews. For information, address the Columbus Institute for Contemporary Journalism, 1021 E. Broad St., Columbus, Ohio 43205. The Columbus Institute for Contemporary Journalism is a 501(c) (3) nonprofit organization. The Educational Publisher www.EduPublisher.com BiblioPublishing.com ISBN:978-1-62249-026-4 ii Contents FOREWORD By Greg Palast …….iv PREFACE By Danny Schechter …….vi INTRODUCTION …….ix By Bob Fitrakis and Harvey Wasserman ACKNOWLEDGMENTS …...xii AUTHOR’S INTRODUCTION …..xix CHAPTER 1 Origins of the Election ….….1 Integrity Movement CHAPTER 2A Preliminary Reactions to ……..9 Election 2000: Academic/Mainstream Political CHAPTER 2B Preliminary Reactions to ……26 Election 2000: Grassroots CHAPTER 3 Havoc and HAVA ……40 CHAPTER 4 The Battle Begins ……72 CHAPTER 5 Election 2004 in Ohio ……99 and Elsewhere CHAPTER 6 Reactions to Election 2004, .….143 the Scandalous Firing of the Federal
    [Show full text]
  • Mayors Support 30X30
    Mayors Support 30x30 Protecting 30% of America’s Land and Ocean by 2030 I, Mayor ________ of __________, support local, state, and federal action to confront America’s nature crisis by pursuing a goal of conserving at least 30 percent of our nation’s lands and ocean by 2030. Nature is indispensable to the health and prosperity of every community in America. We depend on our forests and streams for clean drinking water and clean air. Our lands are a place of cultural, ecological, and sacred resources that have sustained humanity for generations. Our ocean supplies wild fish that feed our country and provide endless wonder and enjoyment. Our rivers, mountains, and deserts are where families unplug and reconnect. Our parks, open spaces, beaches, trails, and public lands enrich communities’ quality of life and power America’s outdoor recreation economy. Our very existence depends upon the survival of a rich diversity of natural life. Achieving 30x30 will require an ambitious and inclusive movement that engages local, state, national and Tribal leaders, as well as private landowners, as part of the solution. Efforts to conserve, protect, and restore our natural world will be guided by science, protect private property rights, honor Tribal sovereignty, and engage local communities to ensure that the benefits of nature are equitably shaped and shared by all. Positive, bipartisan, community-driven conservation efforts are already happening in our community. I pledge to continue to pull stakeholders together—recognizing this goal will take action at the neighborhood, community, state, and national level. Together, we can and must protect nature for generations to come.
    [Show full text]
  • Brennan Center for Justice at New York University School of Law About the Brennan Center for Justice
    B R E N N A N CENTER FOR JUSTICE VOTING LAW CHANGES IN 2012 Wendy R. Weiser and Lawrence Norden Brennan Center for Justice at New York University School of Law about the brennan center for justice The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on the fundamental issues of democracy and justice. Our work ranges from voting rights to campaign finance reform, from racial justice in criminal law to presidential power in the fight against terrorism. A singular institution—part think tank, part public interest law firm, part advocacy group—the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. About the Brennan Center’s Democracy Program The Brennan Center’s Democracy Program works to repair the broken systems of American democracy. We encourage broad citizen participation by promoting voting and campaign reform. We work to secure fair courts and to advance a First Amendment jurisprudence that puts the right of citizens—not special interests—at the center of our democracy. We collaborate with grassroots groups, advocacy organizations, and government officials to eliminate the obstacles to an effective democracy. acknowledgements The Brennan Center gratefully acknowledges the Bauman Foundation, Carnegie Corporation of New York, Democracy Alliance Partners, Ford Foundation, The Joyce Foundation, The Irving B. Harris Foundation, Mitchell Kapor Foundation, Michael Kieschnick, Nancy Meyer and Marc Weiss, Open Society Foundations, Rockefeller Family Fund, Tides Advocacy Fund, and Wallace Global Fund for their generous support of our voting work.
    [Show full text]
  • 2017-Year-End-Political-Report.Pdf
    1 Verizon Political Activity January – December 2017 A Message from Craig Silliman Verizon is affected by a wide variety of government policies -- from telecommunications regulation to taxation to health care and more -- that have an enormous impact on the business climate in which we operate. We owe it to our shareowners, employees and customers to advocate public policies that will enable us to compete fairly and freely in the marketplace. Political contributions are one way we support the democratic electoral process and participate in the policy dialogue. Our employees have established political action committees at the federal level and in 18 states. These political action committees (PACs) allow employees to pool their resources to support candidates for office who generally support the public policies our employees advocate. This report lists all PAC contributions, corporate political contributions, support for ballot initiatives and independent expenditures made by Verizon and its affiliates during 2017. The contribution process is overseen by the Corporate Governance and Policy Committee of our Board of Directors, which receives a comprehensive report and briefing on these activities at least annually. We intend to update this voluntary disclosure twice a year and publish it on our corporate website. We believe this transparency with respect to our political spending is in keeping with our commitment to good corporate governance and a further sign of our responsiveness to the interests of our shareowners. Craig L. Silliman Executive Vice President, Public Policy and General Counsel 2 Verizon Political Activity January – December 2017 Political Contributions Policy: Our Voice in the Democratic Process What are the Verizon Political Action Committees? including the setting of monetary contribution limitations and The Verizon Political Action Committees (PACs) exist to help the establishment of periodic reporting requirements.
    [Show full text]
  • 2017 Annual Report
    Electing LGBTQ Champions: Highlights of 2017 | Electing LGBTQ Champions: Highlights of 2017 | 1 Representation is Power OUR MISSION Victory Fund works to change the face and voice of America’s politics and achieve equality for LGBTQ Americans by increasing the number of openly LGBTQ officials at all levels of government. OUR NEW PRESIDENT & CEO Mayor Annise Parker Houston Mayor Annise Parker became the first former elected official to lead Victory Fund when she joined the organization in December 2017. Mayor Parker won elected office nine times throughout her public service career and is the first openly LGBTQ person to be elected mayor of a major American city. In 2010, TIME Magazine named her one of the 100 most influential people in the world. She first began advocating for LGBTQ equality in the 1970s and has served as a board member or officer for dozens of organizations since then. Mayor Parker’s campaign experience and decades-long connection to Victory Fund makes her uniquely qualified to lead the organization and elect LGBTQ people all across the nation. 2017 BOARD OF DIRECTORS Chris Abele, Chair Pia Carusone Campbell Spencer, Vice Chair Michael Grover Mattheus Stephens, Treasurer Richard Holt Chrys Lemon, Secretary Kim Hoover Stuart Appelbaum Stephen Macias Susan Atkins Sue Burnside (ex-officio) Daniel Penchina (ex-officio) 2017 VICTORY CAMPAIGN BOARD LEADERSHIP Sue Burnside, Co-Chair Daniel Penchina, Co-Chair Chris Massicotte, Endorsement Chair VICTORY FUND STAFF Mayor Annise Parker, President & CEO Andre Adeyemi, Executive Assistant
    [Show full text]
  • 2017 TOWN HALL ADVOCACY PROGRAM Shaping the Law: Effective Statehouse Advocacy Wyndham Garden Hotel CLE Program Agenda March 23 9:00 A.M
    NEW JERSEY STATE BAR ASSOCIATION 2017 Town Hall Advocacy Program Shaping the Law: Effective Statehouse Advocacy NEW JERSEY STATE BAR ASSOCIATION New Jersey Law Center • One Constitution Square New Brunswick, New Jersey 08901 (732) 249-5000 N E W J E R S E Y S T A T E B A R A S S O C I A T I O N 2017 TOWN HALL ADVOCACY PROGRAM Shaping the Law: Effective Statehouse Advocacy Wyndham Garden Hotel CLE Program Agenda March 23 9:00 a.m. – 12:30 p.m. Welcome by NJSBA President-Elect, Robert Hille, Esq. ---------------------------------------------- 9:00 – 9:05 a.m. I. Let’s Talk: Persuading the Decision Makers ------------------------------- 9:05 – 10:05 a.m. Christine Stearns, Gibbons, P.C. (Moderator) Senator Patrick J. Diegnan, Vice Chair of Senate Law and Public Safety Committee Assemblyman Jon M. Bramnick, Assembly Republican Leader Assemblywoman Annette Quijano, Assembly Deputy Majority Leader & Chair, Assembly Homeland Security and State Preparedness Committee William Castner Jr., Horizon Blue Cross Blue Shield of New Jersey Mary Kay Roberts, Riker Danzig B R E AK --------------------------------------------------------------------------------------------------- 10:05 – 10:15 a.m. II. Legislative Update: What’s on the horizon this year? ---------------- 10:15 – 11:15 a.m. William Maer, Public Strategies Impact (Moderator) Senator Linda R. Greenstein, Assistant Majority Leader & Chair, Senate Law and Public Safety Committee Assemblyman Anthony M. Bucco, Assembly Republic Whip Assemblyman Reed Gusciora, Deputy Majority Leader & Chair, Federal Relations Committee Assemblywoman Joann Downey, Member of Assembly B R E A K --------------------------------------------------------------------------------------------------- 11:15 – 11:30 a.m. III. Rules of Professional Conduct and Lobbying --------------------------- 11:30 – 12:30 p.m.
    [Show full text]
  • A Guide to the Underground Railroad in New Jersey
    N EW J ERSEY’ S U NDERGROUND R AILROAD H ERITAGE “Steal Away, Steal Away...” A Guide to the Underground Railroad in New Jersey N EW J ERSEY H ISTORICAL C OMMISSION Introduction Steal away, steal away, steal away to Jesus Steal away, steal away home, I ain’t got long to stay here — Negro spiritual ome of those daring and artful runaway slaves who entered New Jersey by way of the Underground Railroad (UGRR) no doubt sang the words of old Negro spirituals like "Steal Away" before embarking on their perilous journey north. The lyrics of these S precious black folk songs indeed often had double meanings, serving as code songs that conveyed plans to escape the yoke of bondage. The phrase "steal away" thus meant absconding; "Jesus" and "home" symbolized the yearned for freedom in the North; and the words "I ain’t got long to stay here" meant that flight northward was imminent. Running away as a form of protest by slaves against their bondage is as old as African enslavement itself on American soil. The first European settlement on land that would ultimately become part of the United States of America, a Spanish colony established in 1526 in the area of present-day were connected to the Underground Railroad, that secret South Carolina, witnessed the flight of its slaves; it is said they network of persons and places—sometimes well organized and fled to neighboring Indians. The presence of African slaves in other times loosely structured—that helped southern runaway the British colonies of North America, whose history begins slaves reach safety in the northern states and Canada.
    [Show full text]
  • Is This Any Way to Vote?
    IS THIS ANY WAY TO VOTE? Vulnerable Voting Machines and the Mysterious Industry Behind Them CELESTE KATZ MARSTON AND GABRIELLA NOVELLO WhoWhatWhy New York City Copyright © 2020 by WhoWhatWhy All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission from the publisher, except in the case of brief quotations embodied in critical articles and reviews. Cover design by Cari Schmoock. Cover art and photo editing by Michael Samuels. Data visualizations by Lizzy Alves. Published in the United States by WhoWhatWhy. eBook ISBN 978-1-7329219-1-7 WhoWhatWhy® is a registered trademark of Real News Project, Inc. CONTENTS Initialisms and Acronyms Used in This Book vi Introduction 1 1. The Voting-Machine Manufacturers 5 2. The Voting Machines 25 3. Voting Machine Accessibility 42 4. Voting Machine Vulnerabilities 55 5. Solutions and Global Perspectives 77 6. Conclusion 102 7. Addendum: Is Mail-in Voting the Answer? 108 About the Authors 116 About WhoWhatWhy 118 Glossary 119 INITIALISMS AND ACRONYMS USED IN THIS BOOK ADA Americans with Disabilities Act BMD ballot-marking device COIB Conflicts of Interest Board DRE direct-recording electronic machine EAC Election Assistance Commission EMS election management system ES&S Election Systems & Software FVAP Federal Voting Assistance Program FWAB Federal Write-In Absentee Ballot HAVA Help America Vote Act MPSA Military Postal System Agency NPRM notice of proposed rulemaking OSET Open Source Election Technology Institute RFP request for proposal RLA risk-limiting audit SQL Structure Query Language TGDC Technical Guidelines Development Committee UOCAVA Uniformed and Overseas Citizens Absentee Voting Act VSAP Voting Solutions for All People VVPAT Voter Verified Paper Audit Trail VVSG Voluntary Voting System Guidelines Photo credit: Florida Memory / Flickr 2 | INTRODUCTION When we talk about elections, we often focus on the campaign horserace, who is up or down in the polls, the back and forth between candidates, and maybe a little about which issues matter most to voters.
    [Show full text]
  • The Price of Voting
    The Price of Voting Today’s Voting Machine Marketplace March 2021 CONTRIBUTORS Matthew Caulfield (Principal Investigator) Andrew Coopersmith (Co-author) Arnav Jagasia (Co-author) Olivia Podos (Co-author) August Gebhard-Koenigstein (Research Assistant) John Sarihan (Research Assistant) ACKNOWLEDGEMENTS This research was conducted by a team of students and staff of The Wharton School and University of Pennsylvania. We are thankful to the generous administrative and financial support offered by the Wharton Public Policy Initiative as we pursued this project. The authors assume sole responsibility for the findings and views expressed in this report, which do not necessarily reflect the views of the Wharton School and should not be attributed to the School itself. Composing this report required a lot of help in obtaining data. We are indebted to the hundreds of local election officials who kindly provided us with documentation detailing their most recent voting system procurements, without which the voting machine pricing analysis offered here would not have been possible. And we are grateful as well to the several industry professionals who took time to give us their perspective on the current state of the election technology market. This report draws heavily on the 2017 study, The Business of Voting: Market Structure and Innovation in the Election Technology Industry. We thank Lorin Hitt, who led the study, and the student researchers who contributed. We are also indebted to the many voting industry and policy stakeholders who took the time to read and respond to the report. We appreciate their input and encouragement to continue. Matthew Caulfield et al.The Price of Voting: Today's Voting Machine Marketplace.
    [Show full text]
  • Judicial Protection of Popular Sovereignty: Redressing Voting Technology
    Case Western Reserve Law Review Volume 62 Issue 4 Article 6 2012 Judicial Protection of Popular Sovereignty: Redressing Voting Technology Candice Hoke Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Candice Hoke, Judicial Protection of Popular Sovereignty: Redressing Voting Technology, 62 Case W. Rsrv. L. Rev. 997 (2012) Available at: https://scholarlycommons.law.case.edu/caselrev/vol62/iss4/6 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. JUDICIAL PROTECTION OF POPULAR SOVEREIGNTY: REDRESSING VOTING TECHNOLOGY Candice Hoke† Over the past decade, Ohio, California, Florida, and other states commissioned over a dozen separate, independent scientific assessments of their deployed or contemplated electronic voting systems. Each published report documented grave deficiencies that relate to these systems’ capacity to accurately record vote choices, produce correct tallies, and function reliably and securely in other ways that integrally relate to the right to vote.1 The most † Associate Professor of Law, Cleveland State University; Founding Director of the Center for Election Integrity and Project Director of the Public Monitor of Cuyahoga Election Reform (2006–08); Research Team Leader for a portion of the California Top to Bottom Review of Voting Systems (2007); and pro bono consultant for structuring the Ohio EVEREST voting system review. Under Public Monitor auspices, she authored or co-authored reports on election technical security, and proposed and led Ohio’s first post-election audit of cast ballots.
    [Show full text]