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Diebold's Election Data Off-limits

tommcb writes "The State of Alaska Division of Elections has denied a request by the Alaska Democratic Party for the raw file format used to tabulate voting results by citing that the data is in a proprietary format that is owned by Diebold. The ADP says 'The official vote results from the last general election are riddled with discrepancies and impossible for the public to make sense of'. The article contains some good quotes from Jim March of Black Box Voting: 'Copies of these kinds of files have been sitting on the Internet for over two years, with Diebold's knowledge.'"

35 of 497 comments (clear)

  1. What is so proprietary by Marxist+Hacker+42 · · Score: 4, Funny

    About a 3 table schema in MS Access?!?!?!? It's not like competitors would *bother* to duplicate it...

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    1. Re:What is so proprietary by Nurseman · · Score: 5, Insightful

      There has been so much chicken little, sky is falling hysteria about voting I think the public has become immune. Before you mod me troll, I think this is a scary thing. How anyone can say voting records are propriety data is just beyond comprehension to me. Electronic voting is scary, in all its forms. Unless it is open, I don't know how we can trust the result of ANY election. 2008 is looking more and more like 1984.

      --
      Save a Life. Donate Blood. Please.
    2. Re:What is so proprietary by Otter+Escaping+North · · Score: 5, Funny
      What ever happened to free and OPEN elections?

      It was found to be in violation of various patents, not to mention an infringement of the DMCA.

      --
      Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
    3. Re:What is so proprietary by HTTP+Error+403+403.9 · · Score: 5, Funny
      I can see a reason for 2 tables (Voter, Vote), but why would you need 3?
      Voter

      Vote

      Adjusted Vote.

      --
      I'm not a Troll, it's reverse psychology.
    4. Re:What is so proprietary by MickDownUnder · · Score: 4, Insightful

      What I find most incredible about all of this is not that this company won't release the data.... it's that a private company has any control over this data at all....

      What country on this planet has privatised it's electoral process ?

      Are you guys completely out of your minds ?

      Electoral systems are often facilitated by private companies e.g the printing ballot sheets, the making of booths etc... but the actual process of counting votes, that should never be the responsibility of anything other than a independent public body, the privatisation of such a thing to me is horrifying, especially in a country that dominates the world.

      There is no possible way an electoral process under these circumstances could be described as OPEN, free and fair. To quote Thomas Jefferson "The price of freedom is eternal vigilance"... well I'd say the whole vigilance thing went out the window round about the time MTV first went to air.

  2. Diebold's bad, but officials also to blame by Skyshadow · · Score: 5, Insightful
    Obviously, computerized voting is a stupid, stupid idea. Whenever this sort of issue comes up, I find it breaks down into two camps: People who know shit about computers and people who don't. Electronic voting scares the first group, while the second group looks at it blankly and says shit like "Well, that's good 'cause computers don't make mistakes, right?"

    Aside from that, blame is also richly deserved on the part of the State and Local morons who wrote their contracts with Diebold and other computer voting firms in such a way that they let them restrict access to this sort of vital information, as if verifying the results of an open election somehow isn't really all that important.

    Gimme the connect-the-line ballots any day. At the very least, they'd be harder for the morons who deal with this sort of thing to fuck up.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Diebold's bad, but officials also to blame by Edmund+Blackadder · · Score: 5, Insightful

      "Aside from that, blame is also richly deserved on the part of the State and Local morons who wrote their contracts with Diebold and other computer voting firms in such a way that they let them restrict access to this sort of vital information,"

      I do not buy the story that the Government is powerless here. The local and state governments can easily obtain these records if they want to. The contracts do not matter much. First of all contracts that obscure voting results can be easily invalidated as against public policy. Secondly even if the contracts were valid, the government can easily break the contracts if they want to. They will be liable for damamges, but since Diebold would not sustain any losses from breaking of the contracts the damages would be only nominal.

      So that is all bullshit. The Alaska officials who refuse to reveal the results do so out of their own motives and not because of some silly contracts.

      One can easily figure out what these motives are.

    2. Re:Diebold's bad, but officials also to blame by l8f57 · · Score: 5, Insightful

      In Canada we had an election last night.

      Granted, our electoral system is a simplier than the US style, but our works like this:

      1. A post-card like thing is mailed to my address, informing me where & when to vote (usually a nearby school, church or library).
      2. On the appointed date, I go to the local polling office, with my card, and photo ID.
      3. Once they check my name off, they give me a piece of paper. I walk to a table with a card-board shroud (for privacy). I use a pencil to mark the name of the person that I am voting for.
      4. I show them the outside (unmarked) of the paper, and they verify that it is the same one they gave me.
      5. I jam the paper into a cardboard box on the table.
      6. I go home, and watch TV while eating beer and Popcorn.
      7. At 10:00PM we knew who our new Prime Minister is.
      8. I wake up the next morning, and go to work, ready to be screwed by a whole new govt party.

      l8f57

  3. Who owns the data? by Councilor+Hart · · Score: 5, Insightful

    Who cares what format was used or that it is proprietary. If it's your data, you can do whatever you want with it, regardless of the format.
    And since this is about elections, I would say the public owns the data. So hand it over.

  4. So much for copyrights by MikeRT · · Score: 5, Insightful

    Why yes, it is your original creation and you have a full right to protect it, but oh wait... you have to respect the rights of the person who wrote the format you are now using to store your work in.

    This is why I as a libertarian despise the arguments in favor of strong IP law. They are trying to make ideas behave like physical property, and in doing so they create a society where no one has absolute ownership over their own work that they made with their own money. As I said, yes it is your creative work/data, but you cannot fully excercise that ownership because your property rights are trumped by another party's patent rights.

    That sounds like sharecropping, not property rights to me. You might as well say that by buying a framed picture you implicitly signed an agreement to not using a competing frame-maker's product to store your pictures. Oh wait, that basically is the argument of the defenders of strong IP law. You didn't see the contract, it wasn't even mentioned, but by God you implicitly signed some ephemeral social contract allegedly brokered 200 years ago by our forefathers in some secret masonic temple lacking euclidian geometry hidden away from common knowledge. But this implicit contract, really is there... we swear.

  5. It certainly adds credence... by JPyun · · Score: 4, Insightful

    ...to Massachusets wanting to switch everything to open file formats. That way they don't get fucked by Diebold or MS.

  6. Diebold nonsense by belmolis · · Score: 5, Interesting

    The format isn't patented, I don't think, and isn't copyrightable, so the only legal protection it might have is trade secret. However, since the format is already out in the open, due both to revelation in other states and from the Diebold files posted on the net, it is no longer a trade secret and there is nothing that Diebold can complain about.

    Furthermore, I don't see that anything actually prevents the State of Alaska from revealing the file format even if it is a trade secret. What can Diebold do about it? The State probably has sovereign immunity, and in any case, the secret is probably worth nothing so even if Diebold sued successfully they wouldn't get any damages to speak of.

    Meanwhile here in Canada yet another election has been conducted without any problem using simple paper ballots. Just five lines with the names and parties of the candidates and a circle in which to draw an X. No need for voting machines, no possibility of confusion, minimal opportunity for fraud.

    1. Re:Diebold nonsense by pestie · · Score: 4, Funny

      Meanwhile here in Canada yet another election has been conducted without any problem using simple paper ballots.

      Well, assuming you can consider a win by the Conservatives as being "without any problem."

  7. voting rights? by phoenix42 · · Score: 5, Insightful

    Regardless of your political leanings, this seems like a pretty shady way of avoiding giving the public its voting records. It seems to me that we should not be allowing proprietary formats to be used in the voting process. When the rights of intellectual property and the rights of corporations usurp the rights of citizens to examine the voting record, I think that we enter dangerous territory and should ask some some serious questions about the way elections are held in our country. I'm all for using technology to make voting easier, but if it comes at the expense of accurate elections, I'd rather go back to paper and pen.

    --
    forty-two
  8. But if the data had porno website searches in it by Jim+in+Buffalo · · Score: 5, Funny

    If that data had porno website searches in it, you'd have the White House asking for it.

    --
    This sig, aah-ah, is comin' like a ghost-sig...
  9. Solution: Make an X by Mantrid · · Score: 4, Insightful

    I don't think voting is the sort of thing that should be automated; it's hard enough to make sure things are above board without blackboxing things.

    We just voted yesterday in Canada - made an X in the appropriate box. Kind of hard to mess that up I've always thought. And even if it was an OSS voting machine, the general public and in fact most people would get nothing from that, not having the first clue of what the code meant.

    I know the US is 10x the size, but you also presumably have 10x the people counting. And in any case, for one event every 4 years it seems reasonable. Heck we do it every 1.5 years it seems :)

    This would help both Dem's and the Republicans - it'd be much easier to see who won so if the Dems should've won obviously this information would be useful. If the results were correct it would help the Republicans as this whole "illegimate president" thing could finally be done away with.

    I know it's popular to bitch about the US elections and mock the US, but personally I'm impressed. The courts decided where appropriate, jurisdictions seemed to be respected, and rules followed etc. There was an orderly hand over of power. Do you think things would've gone as well in every country where the election was balanced on the finest of margins?

    Plain old paper ballots would have made the whole affair as open as possible.

    1. Re:Solution: Make an X by belmolis · · Score: 4, Insightful

      Vote counting is massively parallelizable. It doesn't take very long for somebody to tally the votes from a couple hundred ballots. The federal election in here in Canada was yesterday, with the polls closing at 19:00. Turnout was about 65%. The results were in before midnight.

      With a little effort I bet Americans could manage this too.

  10. Open Government by PMuse · · Score: 5, Insightful

    The notion that any part of the law or the process of government can be owned is abominable.

    From proprietary building codes to election mechanisms, we must demand that our system of government belongs to all of us, without restriction.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  11. Load shotgun, aim, amputate foot by Anonymous Coward · · Score: 5, Interesting
    "The issue is that the (Democratic Party) is asking for a file format the state of Alaska uses but does not own."

    I couldn't be more pleased with this.

    Diebold, by refusing to release the data, shows what a boondoggle it is to allow public information to be locked up in proprietary format.

    The State plays right into the Bush-Gore-2000 paranoia over ballot counting. They're not allowed to release the raw data, because of the mistake they made allowing a proprietary format to be used.

    A transformation of the data (be it a printout, ASCII dump, spreadsheet, or whatever) is not sufficient. Any transformation process is likely to use the same (proprietary) algorithm that was used to generate the official results, which could have hidden errors. It also makes me wonder what else is in the format, perhaps data that shouldn't be there.

    Yup, this is a positive development.

  12. Computerized voting is a great idea by roystgnr · · Score: 5, Insightful

    Obviously, computerized voting is a stupid, stupid idea.

    That's not obvious at all. Greater accessibility for the handicapped, more legible interfaces for long complicated ballots, the early detection and correction of "misvotes" and unintentional "undervotes", and the elimination of "hanging chads", stray marks and half-filled scan bubbles, etc. all make computerized voting a great idea.

    What's a bad idea is storing the votes in computer memory. Computers have only one good mechanism for storing ballots in a failure-resistant, tamper-resistant fashion, and that's printer ink on paper. Touchscreen voting machines need to finish up your vote by printing it out on a paper ballot, prompting you to confirm or (with the help of a poll worker) destroy that paper, and finally directing you to the ballot box where the paper should be inserted to become part of the official count. If that was how electronic voting worked, I think even the computer-literate population would be thrilled.

    1. Re:Computerized voting is a great idea by Quadraginta · · Score: 4, Insightful

      Computers have only one good mechanism for storing ballots in a failure-resistant, tamper-resistant fashion, and that's printer ink on paper.

      I don't think this is correct. There's nothing inherently tamper-resistant about paper. That's why check-forging is a problem, and even counterfeiting. That's why ballot fraud was widespread in the 19th century and still is in less-developed countries that use paper ballots.

      I don't think the exact medium of storage is at all the issue. I don't think it matters whether you store the votes on paper, in NVRAM, on a disk drive, or as stacks of pebbles in labeled buckets. What is important, I suggest, is being able to guarantee the chain of custody from the original voter. It's like preserving evidence in a trial: you've got to be able to prove to anyone that the vote you cite as part of a winning candidate's tally can be rigorously traced back to the hand of someone who meant to cast that vote, even if you can't (or won't) name the voter. In other words, you need a completely reliable audit trail.

      I agree this is something that commodity and consumer computing hasn't thought twice about, and using commodity and consumer computing technology would be a little alarming. But I would suspect that perhaps in certain niche computing markets there has been good attention paid to forging ironclad audit trails. Maybe in the military? Keeping track of nuclear weapon activation codes?

  13. Re:But if the data had porno website searches in i by Dr.+Spork · · Score: 5, Insightful
    This comment made me chuckle and then it made me think. In a constitutional democracy, it really is amazingly hypocritical for a governing administration to compel disclosure of data about private individuals in private homes who look at porn, while at the same saying that Diebold has the right to withhold data it gathered while administering an election, on the basis that a portion of that data is proprietary.

    So someone's searching Google for pictures of boobs is the government's business after all?

    And what data Diebold-made, state-purchased machines collected during a public election - that's nobody's business but Diebold's? Wow!

    (I know the parent expressed the very same thought more elegantly, tersely and humorously, but I just had to vent a little. Sorry.)

  14. Past Canadian Results: RAW Format + other musings by Xyleene · · Score: 5, Interesting

    I don't understand how this cannot be public knowledge in the States. I just checked Elections Canada and the raw database information is available right on their site to anyone that wants it.

    In Canada we only have to make one choice; the minister we would like to be elected to parlament in our riding. As I understand it, in the States you make a bunch of decisions on the same ballot. Many Canadians have posted that "Oh... The paper works just fine here.. Silly Americans". Obviously! we only have one x to mark and count... I can see where electronic ballots can be useful in the States although I don't see how they can be as transparent as paper ballots...

    However, in Canada the WHOLE election system is completely transparent and any citizen can access any information they wish through the public organization 'Elections Canada'. A similar public system should be in place in any democracy.

    On another topic I'll throw this out there.. Why not have paper ballots that can be read into computers. Wouldn't you have the best of both worlds? Both a paper record and electronic counting/

    /voted NDP.
    //envys the amount choices on American ballots..
    ///fails to envy the actual CHOICES on American ballots...

    --
    Give them the illusion of choice and they will blindly follow for they choose not to make one.
  15. This is the reason that we need Open File Formats by WilliamTS99 · · Score: 4, Insightful

    That excuse that they can't release it because of the file format is absolutely ridiculous. This is just another reason that we need ONLY open formats in our local, state and federal governments. I understand that security might be of concern for many files, and that can be handled by other security methods like putting the files in an encrypted container of sorts. That way if they need to release the data, they can remove it from the container and have no problem distributing the results. At the same time, why should it need security from reading when it is only votes. Unless the data also contains the names of who voted then it should not be a problem. I also believe that once the person does vote that the data is immediately written to at least 2 places. One should be a printed record that the voter that just placed the vote can easily and positively verify, then also to a digital write once medium that can not be changed, maybe something like a CD that can not be overwritten. I am sure that electronic voting is here to stay, so we need to make sure that it is secure and verifiable by all.

  16. Re:big numbers? by utexaspunk · · Score: 4, Insightful

    If we're willing to trust air-traffic control and nuclear ballistic missile command-and-control to computers, I'm not quite sure why voting is such an intrinsically scary proposition.

    But we're not, and we don't- both of those systems have manual overrides and people in the loop in case the computers fail. Your electronic voting machine fails and you have nothing to prove it, and no backup of the data even if you know it did. The appropriate question is: We don't trust our air-traffic control or nuclear ballistic missile command-and-control computers enough to leave no room for failure, why should we trust our voting machines any more?

  17. Re:big numbers? by Psmylie · · Score: 5, Insightful

    It's not the computers themselves I mistrust, it's those that operate them without public oversight.

    The people who program and operate the air-traffic control computers and the missile command computers have a vested interest in avoiding collisions/missile launches. Besides the fact that most people would feel horrible about the innocent lives lost through an error, if a nuke or an airplane suddenly landed in someone's backyard, it would be pretty hard to cover up. People may ask awkward questions.

    Electoral votes however... well, if you own the data collection process and the database itself, who would ever know if you skew the results? And, after all, it's not as if anyone actually gets hurt or anything.

    --

    psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

  18. Beautiful! by tji · · Score: 4, Insightful

    This is great.. I hope Diebold takes a strong stand here, making it obvious to even the most non-technical person that closed voting system, and Diebold specifically, is a really bad idea.

    Openness has proven very useful for software development.

    History has also shown it to be very important for government.

    Combine those two together, and the importance is even more drastic. Openness and transparency in voting is essential.

  19. Which is why by jgardn · · Score: 4, Interesting

    Which is why the majority of WA voters don't believe Christine Gregoire was elected governor.

    There were repeated requests for basic information, but the King Co. elections department (run by D's) either didn't provide the information or covered it up or even openly lied about it, all this while an important trial is being held to uncover who was really elected. Based on admissions by the elections department, they manufactured votes and counted votes that should not have been counted.

    What's even sadder is the Sec. of State (an R) promised to clean up the rolls with a statewide database, and promised that database to be online Jan 1. Except even now, nobody seems able to obtain a copy of that database, and the Sec. of State says it won't come out until February. We'll see if it really does.

    For more information, go read the research Stefan Sharkansky has been doing at http://soundpolitics.com./ It'll give you great insight into how elections departments should act versus how they do act.

    I'm an R, but I don't tolerate this kind of crap, not in Alaska, not here in Washington, and not anywhere. We must have a publically accountable voting system, or we'll have people who say the only way to affect change in government is through violence. I don't want another civil war, particularly if it could've been prevented by people running elections openly and honestly.

    --
    The radical sect of Islam would either see you dead or "reverted" to Islam.
  20. Re:Weird elections... by Savantissimo · · Score: 4, Interesting
    The last US presidential elections were a joke.

    I saw things the same way here. The exit polls were the real smoking gun.
    the probability that that perfectly random exit samples would be off by as much as they were in the three critical states of Ohio, Florida, and Pennsylvania is less than one to 152 million (1/152,209,887). The probability that non-random exit samples would be simultaneously in error in all three states at once is about one to 468 thousand (1/467,907), or in lay terms: impossible. [Ron Baiman The United States of Ukraine?: Exit Polls Leave Little Doubt that in a Free and Fair
    Election John Kerry Would Have Won both the Electoral College and the Popular
    Vote]
    --
    "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" - Patrick Henry
  21. Re:big numbers? by SatanicPuppy · · Score: 5, Insightful

    I will tell you FLAT OUT that the government would shoot the first CEO to tell them that they couldn't show the "Launch Nuclear Ballistic Missile" code because it was proprietary.

    End of story. Code that is that/this important to our government should NEVER be held by a private individual.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  22. Re:big numbers? by apoc.famine · · Score: 4, Insightful

    If someone screwed up either of those systems, we'd notice. It would be hard not to. If someone moves 5% of the votes from one candidate to another, it's not so noticable. In fact, without a way to recount static votes, there's no way to really prove that it did or didn't happen.

    Last I knew, the very foundations of our country did not rest on full transparency of our airport traffic control systems or missile command and control structure. Our country, and most others DO depend on fair, open, and transparent elections. That's why this is so damn important.

    --
    Velociraptor = Distiraptor / Timeraptor
  23. Canadian elections by WebCowboy · · Score: 4, Informative

    Why is that? In 2003 Diebold bought a Canadian company called Global Election Systems, the #1 supplier in Canada of electronic voting machines.

    Well, because Canada is smart enough to not actually use Diebold's crappy Windows-based technology. We just completed a federal election yesterday that went pretty much without a hitch. All federal electoral districts in Canada use one, identical system: A paper ballot. The format of all ballots across the nation is identical--the only difference being the names. The names are always in alphabetical order of the candidate's last name, with the full party name printed underneath, in slightly smaller print. Beside each name is a large circle, clearly associated with one of the candidates.

    The process of voting in Canada is simple, and identical across the country for federal elections, and pretty much the same for provincial elections as well. You receive a voter registration card in the mail telling you where to vote, and if you are not registered you phone a well advertised 1-800 number to find the location of your poll (you can register any time up to and including voting day). You go to your poliing station and a scrutineer finds and crosses off your name on the official printed copy of the registration (or collects and signs your registration form if you just registered). You are then handed a folded ballot (all ballots in the entire country are even folded the same) and are directed to the voting booth. You then select the candidate by drawing an X in the correct circle using an HB pencil, fold your ballot back up and return it to the scrutineer. The scrutineer removes the perforated section, hands it back and you put it in the ballot box.

    It's been like that for decades, and it has always worked perfectly fine. There are no "pregnant chads", no confusing ballot formats, no clunky Windows-PCs-as-voting-machines and no political controversy around the process. We have to improve maintenance of our permanent electors registry, but that is already nearly up to snuff by now, and has never been as bad as the US.

    As for electronic voting machines, the company you mentioned only supplies those to MUNICIPAL elections. Furthermore, they are specialised elctronic tabulators, not glorified PCs. You still record your vote on a paper ballot--it is just machine readable now (you connect the broken line next to a candidate). The tabulators count up the official results, however if a judicial recount is ordered in a very close race, it is conducted manually.

    If I encounter a Diebold PC in a municipal election I'll be quite disappointed. Since what most cities do ain't broken, I doubt they'll "fix" things in future elections with Diebold's flashy goods.

  24. Re:big numbers? by ozmanjusri · · Score: 4, Insightful

    There's no way for you to "override" the machine and do the braking yourself, Fred Flinstone style.

    Gears, handbrake, ignition switch.

    --
    "I've got more toys than Teruhisa Kitahara."
  25. Re:big numbers? by utexaspunk · · Score: 4, Insightful

    Okay, you're right- we do trust computers to handle machines and our lives all the time. But we design those machines and have decided that their designs are adequate to serve the functions we are trusting them to do. A voting system that does not have a physically verifiable record is inadequately designed. It is imperative that any voting system have a physical object representing each vote, whose value can be altered neither by accident nor by malice without anyone taking notice. In an all-electronic system, there's nothing to recount if the values have been altered, and detecting manipulation is a lot more difficult. With a paper ballot storing your vote, the votes have to be physically altered, destroyed, or stuffed to change the vote, all of which are a lot easier to detect.

    I think we need a system where ballots are printed securely like money, with unique numbers printed on the ballots. Each polling location would be issued a range of ballots and would have to account for each one. At the poll, you insert your ballot into a computer, which serves as an easy interface, in whatever language you want, and prints your selection on the ballot in a form that is both human and machine readable. Separate computers can then count the ballots, some of which should also be randomly hand-counted to make sure the counting machines have not been tampered with.

  26. I am so disappointed with this country... by bill_kress · · Score: 4, Informative

    ...that I really can't even put it into words. Not just Diabold or the government, mostly the people.

    Thirty years ago I would have assumed that if there was the slightest hint of election fixing that ALL election officials would tear into it with abandon, and that the people would similarly tear into any official that even suggestion that it was a bad idea to look into election results.

    These days I have the same confidence in our system that I have in any south-American, African or Russian system, essentially none. That said, all you ever hear from the populous is the occasional reference to "wingnuts" and liberal media trying to jack the existing government.

    Perhaps I'm mostly disturbed with my own inaction. Anyone have suggestions on things I can do that really work? Voting does NOT (No matter what you have been trained to believe), talking to representatives does NOT (unless you can outbid the lobbyists whispering in their other ear--I can't). I've just given up...

    Any suggestions at all?

    (PS. How did Diabold get away having a name that spell-checks to Diabolism? It's like they are throwing it in our faces!!!)