Campaign to Subpoena Key Voting Industry Witnesses

Campaign to Force Calif. Senate Rules Committee to

Subpoena Key Voting Industry Witnesses to Testify

Please take action and forward to your contacts.

This has national implications.  For the first time ever, we have the

opportunity to subpoena key voting industry witnesses to get them

under oath in front of a senate hearing to investigate what the Sam

Hill they were doing when they created and recommended tamper-friendly

voting systems.

We're sure by now you're aware that Calif. did  an about face and

certified Diebold's entire line of products -- hackable touch screens,

hackable optical scanners, and extremely hackable GEMS tabulators

-- despite 100% public opposition and numerous attacks proving the

sytems' fatal flaws and insecurities.

But this isn't just California. Get these people under oath in

California,and you get them questioned for the whole nation.

Everything is at stake.

We are putting some very important phone numbers and emails here

along with simple instructions for what we all need to do.

We have everything to lose if we don't all take a few simple steps

immediately.  EVERY STATE is experiencing issues with secret,

privatized voting equipment examined by mysterious private contractors who won't

answer any questions at all about what they do.

Here is the most efficient, easiest strategy to counteract shoving

Illegal and insecure systems that we never asked for down our throats. This

action is the culmination of years of hard-core work by Black Box

Voting and others. JUST DO IT.

Here are the simple, painless suggestions. See below for why they are

so important.

This comes down to only FIVE emails, FIVE faxes, FIVE calls.

Do you have one good excuse for not being able to make five contacts?

On second thought-- don't think one up. Just do it, please.

Remember; your tax dollars are paying not only for this equipment,

but for the voting machine examiners who refused to answer any

questions in last week's Calif. Senate Elections Committee hearing.

WHAT'S DIFFERENT ABOUT THIS CALL TO ACTION:

1) All we need is three out of five senators.

2) All five are interested and willing to listen

3) This is the FIRST time Black Box Voting has issued a call to

action.

We believe grass roots calls to action lose their punch when overused.

We have waited until now because, like the Black Box Voting Hursti

project, we know THIS effort is highly strategic and can create real

change, quickly.

WHO TO CONTACT:

California Senate Rules Committee. Only they have the power to

authorize subpoenas.

WHY DO WE NEED SUBPOENAS?

Key voting industry witnesses, including all federal testing lab

personnel,chickened out of Calif. Senate Election Committee's Feb. 16 hearing on

howthis stuff got certified in the first place. They don't want to

answer questions.

Subpoenas will legally compel them to show up so they can be

questionedunder oath. Black Box Voting believes that perjury will follow. A plan

is in the wings for what to do if/when key witnesses perjure themselves.

By the way, documents can also be subpoenad - like the NONDISCLOSURE

AGREEMENTS signed by voting system examiners, which reportedly have

prevented them from telling what they know. And like the documents

requested under Calif. public record law by the Senate Elections

Committee

which the current secretary of state -- in violation of the law -- has

failed

to answer or provide.

HERE IS THE CONTACT LIST FOR THE FIVE RULES COMMITTEE MEMBERS:

Urge support for subpoenas of election industry and certification

insiders.

(Among those who chickened out of testimony on Feb. 16: Diebold, ES&S,

Sequoia and Hart Intercivic; Ciber labs, Wyle labs, and voting system

examiners).

IT'S ONLY 5 EMAILS/FAXES/CALLS. MAKE THEM ALL.

Senator Don Perata (Chair) D

(916) 651-4009

District office (510) 286-1333

Senator.Perata@sen.ca.gov

Fax (510) 286-3885 Perata

Senator Jim Battin (Vice-Chair) R

(916) 651-4037

Jim.Battin@sen.ca.gov

Fax: (951) 653-9524 Battin

Senator Roy Ashburn R

(916) 651-4018

senator.ashburn@sen.ca.gov

Fax: (661) 323-0446 Ashburn

Senator Debra Bowen D - She is on the rules committee and

is also the chairperson of the Senate Elections Committee.

EMAIL ONLY

Debra@debrabowen.com -

(Ms. Bowen is mounting this case and will be busy preparing,

emails are welcomed-- See below*)

Fax (310) 318-6733 Bowen

Senator Gilbert Cedillo D

(916) 651-4022

Fax (916) 327-8817 Cedillo

This is about volume of calls logged, emails sent.

Make the contacts and make sure this goes out to your list.

~~~~~~~~~~~~~~~~~

WHAT TO SAY:

Be concise, be polite, be professional. Here's your message:

You want Rules Committee support for subpoenas of election

industry and certification insiders to answer the Elections

Committee's questions about voting machine programming, examination and

certification.

A sample letter is provided below in this email.

That's it. Short and simple. Polite, professional, firm. Short clear

message.

~~~~~~~~~~~~~~~~~

WHO ARE THE KEY WITNESSES?

Diebold head programmers, federal testing labs (Ciber, Wyle) that

repeatedly certified flawed systems, voting system examiners who

took taxpayer money, spent hours on  so-called "security exams" on

systems a 12-year old can hack, repeatedly recommending for

certification.

BACKGROUND

The Calif. Secretary of State's office decided to certify Diebold --

Again despite the new UC Berkeley report.

QUOTES FROM THE LATEST REPORT, COMMISSIONED BY THE STATE

OF CALIFORNIA:

"Harri Hursti's attack does work: Mr. Hursti's attack on the AV-OS

(Optical scanner)is definitely real. He was indeed able to change the

election results by doing nothing more than modifying the contents of

memory card.  He needed no passwords, no cryptographic keys, and no

access to any other part of the voting system, including the GEMS

election

management server."

  -- (Comment from Black Box Voting: Note that Diebold has lied

repeatedly

to election officials and secretaries of state about this. We have

videotape

and documents from Diebold documenting this posted at our Web site) --

...and:

"Interpreted code is contrary to standards: Interpreted code in

general is prohibited by the 2002 FEC Voluntary Voting System Standards, and also

by the successor standard, the EAC's Voluntary Voting System

Guidelines due to take effect in two years. In order for the Diebold software

Architecture to be in compliance, it would appear that either the AccuBasic

language and interpreter have to be removed, or the standard will have to be

changed."

-- (Comment from Black Box Voting: Note that California can only run

Software certified by the Federal ITA process, by state law. The "Berkeley

team" is saying flat-out that such certification was not done correctly. It follows

that the entire Diebold product line should be illegal under state law.)

~~~~~~~~~~~~~~~~

WHAT'S ALL THIS ABOUT KEY WITNESSES CHICKENING OUT?

The Feb. 16 California Senate Elections Committee hearing on

Certification was hit with no-shows by ALL FOUR major vendors (Diebold, ES&S,

Sequoia and Hart Intercivic). Representatives from Wyle and Ciber testing labs

also declined to appear. The Secretary of State's office is now "legally late"

on a series of public records requests made by California Elections Committee

Chairperson Debra Bowen.

Sen. Bowen has to get permission from the California Senate Rules

Committee to have subpoenas issued.

Only three of the Rules Committee Senators are needed to invoke port

subpoenas.

~~~~~~~~~~~~~~~~~

SAMPLE LETTER

Senator ____,

California Senate Election Committee

Dear Senator ____,

I urge you to take a courageous stand to issue port subpoenas to

key representatives and officials from Diebold, ES&S, Sequoia and Hart

Intercivic, as well as Wyle and Ciber Testing Labs and state voting

System examiners who fail to appear for your hearings on this matter.

I also urge you to subpoena documents as needed, including the non-

disclosure agreements signed between examiners and vendors, and

all other documents needed to assess the integrity of the

certification process.

Voters must be able to ensure that voting systems are secure from

tampering,either by outsiders or by insiders. If the citizenry cannot see for

itself that elections are secure, that our votes are being counted as we cast

them, it is only a matter of time before the very fabric of our nation is torn to

pieces.

Flawed, hackable systems have been approved that violate FEC

guidelines. Some of these systems are so deeply flawed that they defy common

sense. It is imperative that the elections industry insiders who were party

to the design, examination and recommendation of these systems appear before

California's Senate Election Committee in open hearings under oath to answer

Questions and address these serious concerns.

Sincerely,

[name]

~~~~~~~~~~~~~~~~~~

FROM CALIF. SENATE ELECTIONS COMMITTEE CHAIRPERSON BOWEN:

"We are going to need an enormous amount of people power in the next

couple of weeks.   Together we can change this whole pathetic mess.

Let's stand up for our democracy RIGHT NOW."

"Email is great because it is easy for us to log and report -- and we

Can actually prove how many emails we've received!"

"Please email me in support of issuing subpoenas rather than calling

you will save my staff a great deal of time logging calls, and you

know what kind work we have to do right now.  You can always call and

fax later!"

Debra Bowen

~~~~~~~~~~~~~~~~~~~

THANKS EVERYONE, IN ADVANCE, FOR MAKING FIVE EXTREMELY

IMPORTANT CONTACTS FOR DEMOCRACY.

Thanks to M.S. English for collaborating with Black Box Voting to

Craft this message quickly and effectively. Her Web site is recommended for

those who want to get up to speed on the history of the voting machine

issue:

http://www.whoscounting.net

Recommend the Chapters on "Technology" and "The Companies" as a

Primer.

For more information, see the free online chapters of Black Box

Voting:

Available in .pdf format on the home page at

http://www.blackboxvoting.org

(scroll down, look in right hand column)

~~~~~~~~~~~~~~~~~~~

HERE ARE MORE LINKS YOU MAY FIND OF INTEREST:

Here is a copy of the Diebold GEMS program. Thirty million votes will

be

counted on GEMS in the brutal battle for control of congress in 2006.

Be your own "federal testing lab" -- see for yourself:

http://www.bbvforums.org/forums/messages/2197/10519.html

(Is this not ridiculous? You could teach a pigeon to hack the audit

log. Your 12-year-old sister and all her giggly friends can change

administrative passwords and election results.)

Details: The true scariness of the Herbert Thompson GEMS hack:

With Visual Basic script, a one-minute access by anyone -- even

years ahead of time -- can implant a trojan horse. Thompson's

script demonstrated May 2 in Leon County, Florida was able to

make "intelligent guesses" to find names and ballot questions and

then manipulate them.

http://www.bbvforums.org/forums/messages/1954/19304.html?1140298038#POST175

Article: Key Witnesses chickening out on hearing:

http://www.bbvforums.org/forums/messages/2197/10519.html

More extensive article on Calif. certification issues:

http://www.bbvforums.org/forums/messages/1954/19353.html

Voting system examiners blocked from telling what they know:

http://www.bbvforums.org/forums/messages/1954/17717.html

Electronic voting machines: Who cooked this turkey?

http://www.bbvforums.org/forums/messages/1954/14337.html

~~~~~~~~~~~~~~~~~~~

IF YOU WANT TO DO MORE:

Now comes gathering evidence in the form of public records.

Black Box Voting will work with any who volunteer to send customized

public records request letters. We will help you learn the ropes, will

suggest strategic records to start collecting NOW to protect Election

2006.

This year, it is all about mentoring individuals to regain their power

as

citizens. It takes no more effort to write a public records letter

than to

write your congressman -- but when you write for public records, you

end up with something tangible: Evidence.

To participate in the 2006 Election Cleanup Crew, email

crew@blackboxvoting.org. Please allow a few days to respond, due to

our heavy schedules -- this is a one-on-one, personalized project, and

we are so very proud of the many citizens who are stepping up to the

plate.

We are quietly developing leaders in "cells" throughout the country,

helping citizens learn the skills to oversee their own government.

~~~~~~~~~~~~~~~~~~~

Black Box Voting is a nonpartisan, nonprofit 501c(3) organization

that is teaching citizens how to take back oversight of our own

electoral process.

We do not accept funding from any vendor or anyone associated

with any corporation that stands to benefit from electronic voting.

We are funded solely by citizen donations.

Our expenditures right now are dedicated to further work with

Hursti and specific one-on-one empowerment and training of local

citizens, mentoring how to take effective action to collect evidence

that will help protect Election 2006.

We need to make sure we can survive into the 2008 presidential

election cycle. If you believe our work is important and should

continue,

here's how:

To donate by credit card: http://www.blackboxvoting.org/donate.html

To donate by check:

Black Box Voting

330 SW 43rd St Suite K

PMB 547

Renton WA 98055