Thanks to Jon Deutsch for alerting us to this. As pointed out in SlashDot (a reputable source of information to the technical
community), Sequoia seems to be claiming that no one can make a
report about their equipment without their
permission.
Legal threat thwarts Union voting-machine check
Tuesday, March 18,
2008
BY DIANE C. WALSH
NJ Star-Ledger Staff
Union County (NJ) backed off its plans yesterday to have a
Princeton University computer scientist inspect electronic
voting machines where errors occurred in the presidential
primary tallies.
Sequoia Voting Systems, the manufacturer of New
Jersey's voting machines, threatened to sue the county
if it allowed Princeton professor Edward Felten to conduct
an independent study of the machines.
A Sequoia executive, Edwin Smith, put Union County Clerk
Joanne Rajoppi on notice that an independent analysis would
violate the licensing agreement between his firm and the
county. In a terse two-page letter, Smith also argued the
voting machine software is a Sequoia "trade
secret" and cannot be handed over to any third-party.
Last week, Rajoppi had persuaded the statewide
clerks' association to hire Felten, who made national
headlines two years ago when he demonstrated how a computer
virus could alter the result on Diebold voting machines.
The Constitutional Officers Association of New Jersey
called for the independent review to insure the integrity of
the election process. Sequoia maintained the errors, which
were documented in at least five counties, occurred due to
mistakes by poll workers.
The firm, which is based in Colorado, examined machines
in Middlesex County, and concluded that poll workers had
pushed the wrong buttons on the control panels, resulting in
errors in the numbers of ballots cast. But officials found
it odd that such an error never occurred before and the
clerks' association wanted further testing.
On the advice of the county's attorneys, however,
Rajoppi said she must forgo all plans for independent
analysis.
"We're not going to proceed and invite a
lawsuit," said Norman Albert, first deputy counsel in
Union County.
Union County's stance upset Penny Venetis, a Rutgers
University law professor representing a group of activists
trying to have electronic voting machines scrapped.
"We shouldn't have a corporation dictating how
elections are run in the state," Venetis said. "If
an elected official believes there was an anomaly and the
matter has to be investigated, then the official should be
able to consult with computer experts without
interference."
Rajoppi uncovered the error when she was double-checking
the results from the Feb. 5 presidential primary. On a
handful of machines, she found the number of Democrats and
Republicans casting ballots did not match when the cartridge
printouts from the machines were compared against the
paper-tape backup inside the devices. Bergen, Gloucester,
Middlesex and Mercer county officials later identified the
same errors.
The clerk said yesterday she is "disappointed we
cannot go forward with some type of independent study."
John Carbone, an attorney representing the constitutional
officers' association, said, "We don't have
access to the machines, so we can't do anything."
While the county clerks must certify the election
results, the voting machines are controlled and maintained
by the board of elections in each county.
Rajoppi said she is concerned over the upcoming June
primary where council races and party committee seats are
often decided by one or two votes. She said the situation
could result in lawsuits from candidates in close elections.
The Union County clerk said she intends to write to the
state Attorney General's Office again in hopes of
convincing the state to call for an independent study. The
attorney general oversees the election process.
David Wald, a spokesman for the Attorney General's
Office, said at least 10 counties, including the five where
errors were found, have been trying to verify the
explanation Sequoia gave that poll workers caused the
errors. He said Sequoia recommended putting a hard plastic
cover over the control panel to prevent poll workers from
inadvertently hitting buttons that could cause the problem.
Diane C. Walsh may be reached at
dwalsh@starledger.com or at 
(732) 404-8087
.http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-9/1205818545270600.xml&coll=1
