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Summary of the opening statement by the Pima County Deputy Attorney Christopher Straub:
The database files requested by the Democratic Party contain procedural programming as it is defined in Arizona legislation and the rules that originate with the Secretary of State.
Both sides agree on the point that the files created by the GEMS election software gives instructions used by memory cards used in election machines, which indicates that they contain sensitive computer programming.
In their depositions, the experts for the Pima County Democratic Party agree that the files the party wants contain code. That makes them computer programs in terms of legislative definitions of the term.
He agreed with the Democratic Party that the GEMS election software has significant security flaws, that the databases are not secure, and that they can be altered using Microsoft Access without using GEMS software. That is the reason he doesn’t want this database to be in the public domain, because it can be so easily hacked into.
According to one of the depositions, the real purpose of the lawsuit is to change the software used in elections, and that should be done through legislation, not in the courts.
The Democratic Party should not be allowed to look at database files from past elections because they will reveal a pattern of how the county sets up elections, which could be used by someone wanting to manipulate the election from the outside. There might be enough information in the databases to allow someone to create ballots that could be used to stuff the ballot boxes. Also, if the databases were released and their results were called into question, that could cast doubt in people’s minds of the trustworthiness of our elections.
Hackers are very imaginative people, and no one can predict the methods they might use to manipulate data, which makes the system very vulnerable. If the judge rules that the database files are public record, the county would have to give anyone in the public access.
Since the databases are so easily manipulated and it can be done without revealing any trace of the manipulation, it would be of very little value to the Democratic Party to have access to the databases. Anyone with the intent and skill to manipulate the data would also have the skill to do it without leaving any traces.
Arizona has a law that requires hand count audits of random precincts after the election to verify the results. This is a far better system than checking the databases.
The Democratic Party has seen audit logs from the elections and other records, and it has found no evidence of fraud. Their allegations are based on innuendo, not facts. The company that the Attorney General hired to look at the results of an election the Democratic Party said might have been manipulated (the Regional Transit Authority election) stated in its report that it found no evidence of fraud.
If it is true that Bryan Crane, a computer technician with the Elections Division, took home a CD backup of the election results, there is no evidence that he manipulated the results. And if early summary reports were printed revealing the vote counts in the various races before the polls closed, again, there is not evidence this affected the outcomes of the elections. There are innocent explanations for these things.
Though the Director of Elections and the computer technician have been spoken badly of by the Democratic Party, they have both done excellent jobs. The Division of Elections has been a much tighter ship since Brad Nelson, the current head of the Elections Division, was hired.
Finally, though there are admittedly flaws with the elections machines used in Pima County, there are also flaws with all the other machines certified in Arizona, so the most important thing is to create the necessary physical security around the machines themselves instead of questioning the software
It's almost word for word the same defense used in Georgia.
Stunning.
We've done what you are trying to do in Georgia. We lost.
The court ruled that Diebold was entitled to a PERMANENT INJUNCTION against releasing the election data.
You can find the Permanent Injunction at this link:
http://www.countthevote.org/dekalb/dekalb_permanent_injunction.pdf
You can find the trial transcript here:
http://www.countthevote.org/dekalb/jan2_07_transcript.pdf
Posted by: RJ | December 04, 2007 at 03:08 PM
This is my first attempt ever using a blog, so excuse me if I am not up to the level of the expert bloggers. I come with no fancy rhetoric, I am just a concerned citizen.
I'd like to know how is that Hillary and Barack are willing to participate in The Compassion Forum held 4/13 at the Messiah College and are unwilling to attend a Science Debate?? John McCain won't attend either.
The website for The Compassion Forum says "Now more than ever, Americans motivated by faith are bridging ideological divides to address domestic and international poverty, global AIDS, climate change, genocide in Darfur, and human rights and torture. The Compassion Forum will provide the opportunity for candidates to discuss how their faith and moral convictions bear on their positions on these important issues."
The website for The Science Debate says "We have noticed that science and technology lie at the center of a very large number of the policy issues facing our nation and the world - issues that profoundly affect our national and economic security as science and technology continue to transform our lives. No matter one's political stripe, these issues pose important pragmatic policy challenges.
We believe these scientific and technological policy challenges can bring out the best in the entrepreneurial American spirit. America can be a leader in finding cures for our worst diseases, inventing the best alternative energy sources, and graduating the most scientifically literate children in the world - or we can concede these economic and humanitarian benefits to other countries."
Why are the politicians reluctant to attend a Science Debate? They seem to be terrified of the very people who can offer them the best advice to resolve issues relevant to the US and the world. But yet they will pander to the religious right and left at Messiah College. In keeping Church and State separate, The Science Debate is the logical forum to discuss morality issues that affect us all.
Come on McCain, Hillary and Barack ... I can't vote unless I know you have my issues at heart ... participating in a forum at a religious college is sending me the wrong message.
Posted by: RealGone | April 09, 2008 at 08:49 AM