Voting Rights attorney John Bonifaz, legal director of VoterAction.org, was on the scene today, and just told me that he has great concerns about the transparency of both the initial election and the hand-count auditing process that got under way in earnest today. "I'm very concerned that this is not a fully transparent process that is happening there," he told me.
The sensitive memory cards containing the programming and tabulation from the Diebold optical-scanners are apparently "missing in action" for the moment. Those cards, as viewers of HBO's Hacking Democracy know by now, may be used to hack an election, such that only a proper hand-count of the paper ballots afterwards will reveal the hack. (See the video of that hack for yourself right here. The same exact machine being hacked in that film was used across the state to count 80% of the ballots in NH in last week's primary.)
And yet, says Bonifaz who spent time today speaking with New Hampshire Secretary of State, Assistant Secretary of State and Deputy Attorney General, nobody seems to have any idea where those cards are and what has become of them. He says he was told by Secretary of State William Gardner that his office doesn't get involved in tracking what happens to those memory cards. Some have reportedly been returned to LHS, and may have had their memory erased already. "When you have a private company counting 80% of the votes, and you later learn that the memory cards are unaccounted for, you have a serious question about the transparency and accountability in that process," Bonifaz said. He notes that federal law requires all materials from elections be preserved for 22 months after the election. So if those materials have already been lost, destroyed, or over-written, there are legal questions that must be addressed.
Bonifaz also noted that while representatives and observers for the Hillary Clinton and Dennis Kucinich campaigns were on site, nobody at all seemed to be there from either the Barack Obama or John Edwards camps.
January 17, 2008
Too Many Questions in the New Hampshire Vote
The BRAD BLOG
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