Lawyer memos warn that the voting-machine company may have violated state law
by Howard Blume and Robert Greene
Okay, it’s not a tale of that vaunted "vast right-wing conspiracy," but suddenly the case against Diebold’s electronic-voting machines is gaining momentum. On Thursday, an advisory panel for the secretary of state recommended ditching the machines for the November presidential elections.
That event was widely reported, including in Friday’s Los Angeles Times.
What wasn’t reported locally is Exhibit A, internal documents from lawyers for Texas-based Diebold Election Systems, Inc.
In these documents, the attorneys concede that the company used uncertified voting machines during elections before January 28, 2004. The memos also state that such actions would violate both California election law and, by extension, Diebold’s $12.7 million contract with Alameda County. The memos don’t specify a particular election that was mishandled.
These Diebold memos (see links below) were unearthed by the Oakland Tribune and became the basis for a Tuesday story by reporter Ian Hoffman. "Yet despite warnings from the state’s chief elections officer," wrote Hoffman, "Diebold continued fielding poorly tested, faulty software and hardware in at least two of California’s largest urban counties during the Super Tuesday primary, when e-voting temporarily broke down and voters were turned away at the polls."
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