• Subscriptions
    • Log in
    Ad-Free Login - Go Ad-Free & Join The Movement
    The fight for Democracy hasn’t ended. Join Raw Story Investigates for $1. Support honest journalism.
    The fight for Democracy hasn’t ended. Join Raw Story Investigates for $1. Support honest journalism.Click to enable push notifications.
    Listen Now: The New Raw Story PodcastUS NEWSOpinionvideoget the newsletter
    AD-FREE LOGIN
    Ad-Free Login - Go Ad-Free & Join The Movement
    The fight for Democracy hasn’t ended. Join Raw Story Investigates for $1. Support honest journalism.
    The fight for Democracy hasn’t ended. Join Raw Story Investigates for $1. Support honest journalism.Click to enable push notifications.
    • Home
    • New: Shop to Support Independent Journalism
    • We Have Issues
    • Trump
    • U.S. News
    • Video
    • Ad-Free Login
    Tired of ads? Want to support our progressive journalism? Click to learn more.
    JOIN FOR $1

    Big equipment maker threatens critics as doubts mount about electronic voting

    Alison Greene, DC Report @ Raw Story
    January 27, 2021

    Thanks for your support!

    This article was paid for by reader donations to Raw Story Investigates.

    Civil rights groups denounce Georgia officials for closing early voting sites ahead of senate runoffs
    Voters (Shutterstock)

    This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

    Alison Greene, DC Report @ Raw Story

    Lawyers for the nation's largest manufacturer of electronic voting equipment are trying to squash legitimate criticism of their products—including one machine that was responsible for a 26,000-vote miscount and threw a one local election in Pennsylvania into doubt.

    A Wall Street law firm representing Election Systems & Software LLC of Omaha, Neb., has sent a cease and desist letter to election reform advocacy group SMART Elections demanding that it "retract and correct" its criticism of the ES&S ExpressVote XL touch-screen voting machines—especially the group's effort to persuade the New York State Board of Election from certifying the machines for using in elections there. The state board is scheduled to take up the matter today (Jan. 28).

    ES&S has a pattern of using legal tactics to intimidate its opposition.

    "ES&S will not hesitate to hold each of you and others who are responsible for the dissemination of these false and defamatory accusations, personally and individually liable," ES&S attorney Alan S. Lewis wrote the officers of SMART Elections on Jan. 4.

    "We demand that you immediately cease such conduct," Lewis concluded, "and retract and correct your previous statements by prominently posting corrections to your website and emailing all of those to whom you have previously sent emails regarding ES&S and the ExpressVote XL. ES&S is prepared to pursue all remedies in law and equity."

    Like many corporate giants, ES&S has a pattern of using legal tactics to intimidate its opposition. But unlike Republican critics who have leveled unfounded accusations against other voting-equipment makers, critics of ES&S machines have considerable facts on their side.

    'Bad Machine'

    Princeton University Professor of Computer Science Andrew Appel says security concerns surrounding the ES&S machine are well-founded: "The ExpressVote XL, if adopted, will deteriorate our security and our ability to have confidence in our elections, and indeed it is a bad voting machine." Appel was co-author of an authoritative study of electronic voting that was published last year.

    ES&S previously defended their litigious approach, claiming they sue in order to keep competitors honest. But the company has a history of legally threatening election-reform groups and governments choosing not to buy their equipment.

    As DCReport reported, experts warn that so-called ballot marking devices (BMDs) force voters to use technology to mark their ballots, potentially compromising election results. The ExpressVote XL uses a 32-inch touch screen to register votes and produces a paper record for the voter. The company says the machine "maintains the highest levels of physical and digital security controls. It provides voter confidence with on-screen, printed and audio playback options for vote selection verification."

    Pennsylvania Fiasco

    None of which worked so well on Election Day 2019, when brand new ExpressVote XL machines registered just 164 votes—out of 55,000 cast in 100 precincts—for Democrat Abe Kassis in his run for a Northampton County, Pa., judgeship. The electronic vote tabulations didn't match the paper backup ballots, not even close. Hand counting of the backup ballots revealed Kassis actually received 26,142 votes and was the winner.

    "The touch screens on these new machines are garbage," Paul Saunders, a judge of elections in Hanover Township, emailed the county less than an hour after voting began that day, citing difficulties voters were having.

    Following the problematic Pennsylvania election, a joint news conference was held where ES&S acknowledged responsibility for the issues. ES&S Senior Vice President of Product Development Adam Carbullido blamed "human error" and said the company took "full responsibility" for the electoral fiasco: "ES&S staff did not provide the proper guidance and scrutiny during the pre-election … testing."

    The county officials said they were "deeply, deeply disappointed, and at some points angry with the performance of the XL on Election Day."

    Yet, ES&S lawyers didn't seem to consider statements from Northampton officials or their own management when they threatened SMART Elections and its officers with litigation: "The allegations you … have made and continue to make about ES&S and the ExpressVote XL are utterly false and unsupported. These allegations are very serious and have harmed ES&S and threaten to interfere with the ExpressVote XL's certification for use in elections in New York State."

    Hacking Machines

    However, experts are clear that SMART Elections is "basing their journalism and advocacy on good science." Princeton's Appel, one of the authors of the study "Ballot Marking Devices (BMD's) Cannot Assure the Will of the Voters" disputes the ES&S lawyers: "The ExpressVote XL, if hacked, can add, delete or change votes on individual ballots—and no voting machine is immune from hacking."

    ES&S lawyers also imply that other states certifying the machines is confirmation they are safe and secure claiming "ES&S's voting systems, has undergone stringent testing and been certified by multiple states."

    However, as DCReport recently highlighted in Texas, the certification process is not foolproof. And Texas wasn't the only state with lax certification procedures.

    South Carolina Signs On

    When South Carolina upgraded its machines, SMART Elections advisory board member and University of South Carolina Computer Science Prof. Duncan Buell tried sharing his knowledge of the state's problematic history with ES&S.

    Dr. Buell's concerns came after finding flaws with the code that led to votes being counted more than once, ignored or tallied incorrectly. After being scheduled to speak to the selection committee Dr. Buell was bumped from the agenda. South Carolina proceeded to purchase $51 million worth of new ES&S machines ahead of the 2020 election without hearing his expert testimony.

    Despite this ES&S's lawyers' demands, SMART Elections' own lawyers did not mince words in their response to ES&S's attorneys: "You should know quite well that anyone, even an aggressive company like Election Systems & Software cannot sue someone for expressing an opinion."

    They conclude their letter with a reference to the Trump-led Jan. 6 insurrection at the Capitol in Washington: "Set in the context of the shameful actions last week in our nation's capital, your effort to intimidate opponents, in order to win a vote at the Board of Elections, is disgraceful."

    This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

    Enjoy good journalism?

    … then let us make a small request. The COVID crisis has slashed advertising rates, and we need your help. Like you, we here at Raw Story believe in the power of progressive journalism. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and legal efforts to harm workers exploited by abusive bosses. And unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

    Raw Story is independent. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

    We need your support in this difficult time. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you. Click to donate by check.

    Value Raw Story?

    … then let us make a small request. The COVID crisis has slashed advertising rates, and we need your help. Like you, we believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We need your support to do what we do.

    Raw Story is independent. You won’t find mainstream media bias here. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.

    Report typos and corrections to: corrections@rawstory.com.
    READ COMMENTS - JOIN THE DISCUSSION

    Do you approve of Biden's presidency so far?

    George Takei sets the GOP straight on the question of 'unity' -- and history

    Bob Brigham
    March 06, 2021

    After every single Republican voted against Joe Biden's coronavirus relief legislation, some Republicans complained the bill was an affront to "unity" because of the united GOP opposition.

    Despite polls showing the majority of Republican Party voters supporting the legislation, GOP lawmakers have argued that unity among the American people is irrelevant if members of Congress don't care.

    Following the vote, Senate Minority Leader Mitch McConnell (R-KY) complained that voters had "picked a president who promised unity and bipartisanship."

    Sen. Kevin Cramer (R-ND) said, "it's clear whatever [Biden] meant when he promised unity, he's failed miserably."

    Legendary actor and civil rights activist George Takei disagreed.

    "Unity must continue to mean that government leaders agree to rally around the things the vast majority of Americans want. It can't ever mean we rally around those things and they thumb their noses at it. That's not unity. That's just spite," he explained on Twitter.

    He went on to lecture Republicans on Trump's "Big Lie" about election fraud, which resulted in the fatal January 6th insurrection and hundreds of bills in state legislatures to suppress the vote.


    In history there are some clear rights and wrongs. The Confederacy was in the wrong. Segregationists were in the wrong. And now the GOP and the Big Lie are in the wrong.

    History will record it so, but we must now ask it of every leader:
    “On which side of history do you stand?"
    — George Takei (@GeorgeTakei) March 7, 2021

    'Complete bonkers': Lauren Boebert says it is Democrats who are obsessed with conspiracy theories

    Bob Brigham
    March 06, 2021

    Gun-toting Rep. Lauren Boebert (R-CO) complained on Fox News on Saturday about security at the U.S. Capitol following the fatal January 6th insurrection by supporters of Donald Trump.

    During the riot, Boebert live-tweeted on Speaker Nancy Pelosi's location. Following the riot, Boebert sided with the insurrectionists and voted to overturn election results.

    "No one on the outside can get into the Capitol," Boebert complained to Fox News personality Jeanine Pirro. "It is only staffers and members of Congress who are allowed at the people's house -- at our nation's Capitol."

    "Judge Jeanine, this is complete bonkers that we are keeping people out the United States Capitol," she argued. "There is clearly not a threat, there was nothing that happened on March 4th, the Democrats are obsessed with conspiracy theories -- and they won't let them go!"

    Despite her accusations against Democrats, it is Boebert who has voiced support for the QAnon conspiracy theory.

    She then went on to push the latest version of Trump's "Big Lie" about Democrats' election protection bill, the For the People Act.

    The irony here is pretty rich https://t.co/DLJv5ddt1r
    — Molly Jong-Fast🏡 (@Molly Jong-Fast🏡) 1615085714.0

    Trump supporters' lawsuit against grocery clerk over insurrection may backfire: report

    Bob Brigham
    March 06, 2021

    Katheryn Cagle and her mother Thelma Cagle were allegedly in Washington, DC for the January 6th insurrection of Trump supporters after organizing busloads of attendees from Georgia.

    Now the Cagles are reported suing grocery store clerk Rayven Goolsby for social media posts criticizing the insurrection, The Washington Post reported Saturday.

    "In late February, the exchange jumped from social media to a Pickens County Superior Court when the Cagles sued Goolsby for defamation and libel. Goolsby's attorney, Andrew Fleischman, characterized the Cagles' suit as an example of a prominent family active in local politics using the heft of the courts to intimidate his client, who works at a local grocery store, into silence," the newspaper reported. "The social media posts at the heart of the dispute, including deleted ones referring to the Jan. 6 protest, are preserved as screenshots in legal filings. None of the parties deny making the remarks cited in the dueling lawsuits."

    However, the lawsuit may backfire on the Cagles.

    The newspaper noted, "The anti-SLAPP suit notes that Katheryn Cagle deleted all of her social media history pertaining to Jan. 6. If the matter goes into discovery, both sides could be compelled to produce troves of personal data, such as GPS location history and message logs — 'all kinds of stuff even a police officer would have trouble getting,' Fleischman said."

    "You should not file defamation suits if you're worried about criminal liability," he added.

    Read the full report.


     
    Trending
    Latest
    Videos

    GOP senators meltdown after Democrats roll over them and pass the COVID aid bill

    Capitol rioter charged with assaulting cop begs judge to let him 'go home to my Mom and Dad': report

    Trump is ‘likely going to lose’ new insurrection lawsuit: legal experts

    WATCH: Jen Psaki delivers brutal response when asked if Trump deserves credit for vaccine rollout

    Marjorie Taylor Greene snaps at GOP colleagues frustrated with her House antics

    Biden fires Trump official who refused to resign​

    New Republican group promises to have 'Trump shaking in his boots' over his future

    Republicans ridiculed after Trump threatens them with lawsuit for using his name

    Trump slaps GOP with cease and desist order so that they'll stop using his name

    George Takei sets the GOP straight on the question of 'unity' -- and history

    'Complete bonkers': Lauren Boebert says it is Democrats who are obsessed with conspiracy theories

    Trump supporters' lawsuit against grocery clerk over insurrection may backfire: report

    Andrew Cuomo now facing allegations by male former aides: report

    Progressives seize control of the Nevada Democratic Party: report

    Jared Kushner has 'checked out of politics' amid feud with his father-in-law: report

    Prosecutor probing Trump hires expert who wrote the book on racketeering cases: report

    Oral treatment for COVID yields promising data showing reduced viral load: report

    The favorite trick Trump could use in new case underscores how broken the US legal system is

    WATCH: Idaho COVID deniers encourage kids to burn their masks on state capitol steps

    'Traitor' Tucker Carlson gets slammed after referring to QAnon followers as 'gentle people'

    Georgia prosecutor already has Trump nailed for election meddling: ex-US Attorney

    Expert explains how Dems just brilliantly forced Trump to respond under oath for the Capitol riot

    Candace Owens buried by Black conservative for lying in an attempt to incite more racism

    Austin businesses slam Abbott for creating chaos with mask decision

    Gov. Greg Abbott backs bill to stop social media companies from banning Texans for political views

    'Sad week for the Trump nuts': Bill Maher goes off on QAnon and the Proud Boys

    Maddow perplexed by lack of FBI follow-up on insurrectionists: ‘What’s going on here?’

     
     

    Copyright © 2021 Raw Story Media, Inc. PO Box 21050, Washington, D.C. 20009 | Masthead | Privacy Policy | For corrections or concerns, please email corrections@rawstory.com.

    Manage Preferences

    Thanks for your support!

    Did you enjoy Raw Story this year? Join us! We're offering RawStory ad-free for 15% off - just $2 per week. From now until March 15th.

    Donald Trump Jr is outraged someone found out on Twitter they were fired: 'This is insanity, guys'

    Joe Biden's big bet could define his presidency

    The dark truth about conspiracy theories: They're everywhere! Can they be stopped?

    Close
    Copy link