Election Fraud Critics Seek Halt To Ohio's Secret Software In GOP Plan

Longtime critics of voting machine electronic software that can be used to steal elections filed a federal court civil suit Nov. 5 seeking to enjoin Ohio's Secretary of State from using a secret installation of "emergency" software packets. Plaintiffs said the software could be used to affect what they called nearly 80 percent of the state's vote and thus potentially steal the Nov. 6 presidential election.

Update: Judge rejects lawsuit's Ohio voting software claim,

Robert Fitrakis, co-chair of Ohio's Green Party and a congressional candidate this fall, announced the suit at a news conference Nov. 5 at the National Press Club along with Green Party Presidential Candidate Jill Stein.

Fitrakis spoke by conference call in describing how the suit was filed in Ohio's federal court in Columbus before U.S. District Judge Gregory Frost seeking to enjoin Ohio Secretary of State Jon Husted from claiming an "emergency" to deploy software on voting machines that could, in the plaintiff's view, enable corrupt vote thieves from altering vote totals.

Clifford Arnebeck

The judge is a 2003 Republican nominee of President Bush. Husted, a Republican serving under a Republican governor, defended his decision-making. The suit, Fitrakis v. Husted (No. 2:12 CV 1015),  names as co-defendant with Husted the election machine company ESS. Fitrakis said the suit was filed after a government whistleblower informed on Husted's office after it had "stonewalled" inquiries for months about election systems.

He said his colleague, Ohio attorney Clifford Arnebeck, has requested an FBI investigation because the action appears intended to circumvent law protecting voters and election procedures from untested software and similar vote-tabulation materials.

Speakers at the press conference included: Institute for American Democracy and Election Integrity Lori Grace, the pioneering elections software whistleblower Clint Curtis, NoMoreStolenElections.org Communications Director Sarah Manski, and author/journalist Harvey Wasserman. Wasserman is co-author of many cutting-edge articles at the Columbus-based Free Press this fall about voting machine companies and their investors. He has worked for years with Fitrakis and Arnebeck, at right. Update: Manski's group posted a video of the news conference here.

Listed below are several of our project's recent blogs on the topic, which provide historical background on a topic largely ignored by the mainstream media and major parties, at least publicly. 

The dispute is one of many as officials and partisans seek to adjust voting rules to win the presidency. The scrambles over rules are seldom covered in depth by mainstream political writers, whose outlets tend to ignore such jousting.

Contact the author Andrew Kreig or comment

Related News Coverage

Update:

Reuters via Huffington Post, Rick Scott Plans To Resume Voter Purge Effort In Florida, Aug. 5, 2013. Florida Governor Rick Scott is planning a new effort to purge non-U.S. citizens from the state's voter rolls, a move that last year prompted a series of legal challenges and claims from critics his administration was trying to intimidate minority voters. Voter protection groups identified a number of errors in the state's attempt to identify people who are not American citizens on Florida's voter lists months ahead of the U.S. presidential election in November 2012. The search also sparked several lawsuits, including one by the U.S. Justice Department, which claimed the effort violated federal law since it was conducted less than 90 days before the election. "We were recently informed that the State plans to continue their efforts to remove non-citizens from Florida's voter rolls," Miami-Dade Elections Supervisor Penelope Townsley said in a statement.

Consortium News, Democracy on the Ballot, Joe Lauria, Nov. 5, 2012. What’s left of American democracy is on the Nov. 6 ballot, with the Republicans hoping that a combination of voter suppression and attack ads bought by billionaires will secure the White House and Congress. Investigative reporter Greg Palast describes the strategy in a new book reviewed by Joe Lauria. With opinion polls heading into Tuesday’s election a dead heat, the decision could come down to a controversial counting of ballots in a replay of Florida 2000. That would put the focus on how Americans vote, a story that has so far been a subtext to this presidential race.

The news media tend to concentrate on the horserace rather than the complicated issues surrounding how the winner will be determined. But the public is evidently interested. It has catapulted to bestseller status a humorous new book that probes the questionable techniques developed over the past 20 years to influence the outcome of national elections. The humor to be sure is black. Having taught statistics at Indiana University, author Greg Palast is well aware that a dry political science study of the subject would not have sold nearly 20,000 copies in its first four weeks. Illustrated with a 48-page centerfold of Ted Rall comics, and with an Introduction and a chapter by Robert F. Kennedy Jr., Billionaires & Ballot Bandits: How to Steal an Election in 9 Easy Steps (Seven Stories Press, 284 pps.) reached the top 10 on the New York Times list. Clearly outraged, Palast’s flippancy, however, risks taking the edge off the issue’s deadly seriousness.

ElectionProtectionAction.org, The Next Frontier In Election Fraud: A Beginner's Guide To MOVE Act Election Hacking, Jill Simpson and Jim March, Nov. 5, 2012. The federal MOVE Act of 2009 (Military Overseas Voting Empowerment) was supposed to improve ballot access for every sort of overseas and/or military-away-from-home voter. It had the unfortunate side-effect of opening up the single worst security hole in the US election process ever seen.

This is not hyperbole – the nature of the security deficit created allows a very small “attack team” (group of knowing election criminals) to alter election results across multiple jurisdictions (and even states) while acting from overseas, reducing the risk of being punished even if caught. For background, see a video presentation

."

Atlantic, Ohio's Provisional Ballot Order: The Biggest Legal Story of the Weekend, Andrew Cohen, Nov. 4, 2012. A late voting directive from Ohio Secretary of State Jon Husted begets an "emergency motion" about how to count provisional ballots.

MSNBC, Chris Matthews Interview of former Florida Gov. Charlie Crist, Nov. 6, 2012. Crist: "You have people who feel they nee to rig the game to win the game....It's not right."

Associated Press / Houston Chronicle, Judge rejects lawsuit's Ohio voting software claim, Andrew Welch-Huggins, Nov. 6, 2012. A Green Party congressional candidate and elections activist provided "zero" evidence to support his claims that new voting machine software could cause ballots to be altered, a judge ruled Tuesday. Bob Fitrakis presented only theories and opinions that the software might cause voting night irregularities, U.S. District Court Judge Gregory Frost said in a 10-page decision issued a few hours after a hearing. Fitrakis and his attorney had wanted the judge to order Ohio Secretary of State Jon Husted to stop using the software and break the state's contract with Omaha, Neb.-based Elections Systems & Software (ES&S).

OpEdNews, Interview Transcript: Greg Palast: The War Between the Billionaires, And Election Theft, Rob Kall, Nov. 6, 2012. Part one of a transcript of my interview with  one of the best investigative reporters in the world, Greg Palast, about his newest book, Billionaires and Ballot Bandits. And we got into something very interesting-- that there's a war between two kinds of billionaires-- The vampire squids and the Vultures. And yes, this affects the elections and the nine ways they are going to be stolen and corrupted.

Richard Charnin True Vote Model, Final 2012 Polls and Analysis, Richard Charnin, Nov. 6, 2012. In 2008, Obama won the recorded vote by 52.9%-45.6%. He won the unadjusted state exit poll weighted aggregate by 58-40.5%. The True Vote Model indicated that he won by 58.0-40.3%. The analysis indicates that Obama should do quite well in these battleground states – unless, of course, the elections are stolen.Free Press, The e-voting lawsuit that could decide the election, Harvey Wasserman, The e-voting lawsuit that could decide the election, Nov. 5, 2012.  In Columbus, Ohio, 9:00am Election Day marks the opening of a federal adjudication that could decide who next occupies the White House. Heard by Judge Gregory Frost, the case is Robert Fitrakis vs. John Husted and Election Systems & Software. It revolves around an "experimental" software patch newly attached to the electronic voting systems in 39 Ohio counties. The patch is ostensibly meant to facilitate the transmission and analysis of the Ohio vote count as conducted on machines supplied by the E.S. & S. company.

FreePress, FreePress.org confirms installation of 'experimental' patches to ES&S voting systems, end-run of Ohio standard, Gerry Bello and Bob Fitrakis, Nov. 2, 2012. Investigation of the suspect procedures being used to effectively end-run Ohio's official protocols required to  certify changes to electronic voting machines continues apace, at FreePress.org. The new report updates earlier reporting that the secret installations had been carried out under supposedly exceptional allowances for experimental upgrades.

Free Press, Free Press confirms installation, secret justification of uncertified last minute election tabulation reporting software in Ohio, Gerry Bello and Bob Fitrakis, Nov. 2, 2012. The Free Press has obtained internal memos from the senior staff of the Ohio Secretary of State's office confirming the installation of untested and uncertified election tabulation software. Yesterday, the Free Press reported that "experimental" software patches were installed on ES&S voting machines in 39 Ohio counties. (see Will "experimental" software patches affect the Ohio vote?).

ElectionProtectionAction.org, The Next Frontier In Election Fraud: A Beginner's Guide To MOVE Act Election Hacking, Jill Simpson and Jim March, Nov. 5, 2012. The federal MOVE Act of 2009[3] (Military Overseas Voting Empowerment) was supposed to improve ballot access for every sort of overseas and/or military-away-from-home voter. It had the unfortunate side-effect of opening up the single worst security hole in the US election process ever seen.  This is not hyperbole – the nature of the security deficit created allows a very small “attack team” (group of knowing election criminals) to alter election results across multiple jurisdictions (and even states) while acting from overseas, reducing the risk of being punished even if caught.

Atlantic, Ohio's Provisional Ballot Order: The Biggest Legal Story of the Weekend, Andrew Cohen, Nov. 4, 2012. A late voting directive from Ohio Secretary of State Jon Husted begets an "emergency motion" about how to count provisional ballots.

Columbus Dispatch, Husted asks for emergency stay on voting order, Darrel Rowland, October 30, 2012. Ohioans should not be able to vote anywhere in their county on Election Day, says Secretary of State Jon Husted, who today asked a federal appeals court to put on hold a lower court order allow such "wrong church, wrong pew" casting of ballots. "Just days before the election, a district court has rewritten Ohio’s election laws by ordering elections officials to count certain ballots miscast when a voter shows up and votes at the wrong polling place," Attorney General Mike DeWine's office told the 6th U.S. Circult Court of appeal about a district court ruling last week in Columbus.

Michael Collins

OpEd News, Election Fraud Nov. 6, Michael Collins (right), Nov. 4, 2012. It is now acceptable to talk about election fraud in "polite company." Those who run for office to serve or care about the process of elections, despite their disappointment in the system, will have their day on November 6. Why wouldn't the immensely greedy try to steal elections?  They've stolen everything else.

BradBlog, NJ Gets Paper Ballots After Sandy; FL Purges Military Voters; DoJ Deploys; GOP Voter Fraud in NV, Brad Friedman, Nov. 3, 2012. NJ Orders Paper Ballots for Powerless E-Voting Sites, (Insanely) Allows for Voting by Email, Fax; ALSO: NY, CT, PA, VA and OH polling sites struggle to get back on line after Superstorm Sandy and in time for Election Day.

Legal Schnauzer, Article On Dana Siegelman Does Not Go Far Enough In Describing The Injustice Against Her Father, Roger Shuler, Nov. 5, 2012, One of the best written pieces on the political prosecution of former Alabama Governor Don Siegelman appears in the current issue of B Metro, which bills itself as "The Magazine of Metro Birmingham Living." Reporter Jesse Chambers focuses on Dana Siegelman and her efforts to free her father from federal prison via a presidential pardon. The article is titled "Crusade: Dana Siegelman Was Once Alabama's First Daughter, But She Will Always Be Don's First Daughter."  Chambers does a splendid job of describing the emotional and financial toll the prosecution has taken on Don Siegelman's loved ones--Dana, brother Joseph, and wife/mother Lori. Even friends and extended family members, Chambers reports, failed to grasp the evil nature of the injustice committed against Don Siegelman and his family. As the driving force behind the Free Don Siegelman Web site and petition campaign, Dana Siegelman has become the public face of her father's fight for justice.

Justice Integrity Project, Rove Vote-Switching 'Empire' Alleged to Threaten Nov. 6 Results, Andrew Kreig, Nov. 4, 2012.  A well-funded alliance of Rove-linked Republican companies linked also to the Bush and Romney families is poised to repeat previous successes in decisive election-machine vote manipulation on Nov. 6.

Jonathan SimonJustice Integrity Project, Book Reviews: Two Recommended Books on Election Fraud, Andrew Kreig, Nov. 4, 2012. Two leading voting sleuths are among a half a half dozen authors who have published books in recent weeks underscoring the dire threat of electronic election fraud on Nov. 6. Today's column features two of them: Richard Charnin, author of Matrix of Deceit, and Jonathan D. Simon (shown at right), who wrote Code Red.