BREAKING: Brunner Files Counter-Suit, Says That Voting Machines Flawed
Submitted by dpotts on Wed, 08/06/2008 - 3:52pm.
I’m still trying to make sure I’ve got all my facts straight on this, but Jennifer Brunner is hitting back hard in response to a lawsuit filed against her by Premier Voting Machines. Specifically, she’s filing a lawsuit of her own.
Premier’s suit seeks to have a court certify that it has met the obligations set out in the contract it negotiated with Ken Blackwell, the previous Secretary of State. In her counter suit, Brunner points out that the Premier Voting Machines used in 44 Ohio counties suffered from severe mechanical flaws and caused serious problems in at least 11 of those counties. She’s seeking both damages and punitive damages against the company.
You can read Brunner’s filing here (PDF), or read the press release after the jump.
Here's the press release:
SECRETARY OF STATE FILES COUNTERCLAIM IN LAWSUIT WITH PREMIER ELECTION SOLUTIONS, DOCUMENTS EQUIPMENT MALFUNCTIONS IN PREMIER VOTING MACHINE COUNTIES
COLUMBUS, OH – Secretary of State Jennifer Brunner Wednesday responded to a lawsuit filed by Premier Election Solutions against the Cuyahoga County Board of Elections and the Secretary of State in which Premier seeks a court order that it has met its obligations to the State of Ohio under its voting machine contract negotiated by the former administration.
Secretary Brunner filed counter charges against Premier and urged the Franklin County Common Pleas Court to find that Premier has failed to live up to its contractual obligations. She seeks damages, including punitive damages, against Premier for voting system malfunctions that have caused problems in at least 11 of the 44 counties using the Premier voting system and for Premier’s claims that warranties on voting equipment have expired.
The Secretary of State’s counterclaim is based in part on new findings that reveal sharing violations on 11 county servers using the Premier voting system. These malfunctions resulted in dropped votes when memory cards were uploaded to the server. The votes were recovered – many hours later, in most cases – thanks to the extraordinary efforts of county board of elections staff.
After being notified and attempting to determine the cause of the problem, Premier issued in late May a product advisory notice that acknowledged the problem but blamed a virus scan program operating concurrently on the server for the problem. Premier issued a product advisory to its users instructing them to disable antivirus software on vote tabulation servers when uploading votes from memory cards.
The Secretary of State is continuing to test how the problem occurs and is developing mitigation plans to identify and correct the potential for dropped votes. The mitigation plans will be issued to affected boards of elections in the near future.
“Based on the objective evidence, we believe that Premier’s equipment has failed to perform as required by its contracts and according to state law. We have taken this action to recover taxpayer funds spent for voting systems used in half of the state’s 88 counties because Ohioans deserve better,” Secretary of State Jennifer Brunner said.
On May 30, 2008, Premier sued the Secretary of State and the Cuyahoga County Board of Elections, seeking a court declaration that Premier has fully complied with all obligations under various contracts and warranties regarding the purchase of the voting systems.
The Secretary of State was alerted to potential equipment malfunctions by the Butler County Board of Elections in early April. A statewide investigation conducted by the Secretary of State’s information technology staff in conjunction with boards of elections staff revealed similar sharing violations in 11 counties using the Premier systems.
The Secretary of State is engaged in further evaluation of this equipment malfunction with the parties involved. The office is also continuing to test Premier’s undocumented contention that the sharing violation is due to virus protection software that had been certified by the Board of Voting Machine Examiners as part of the Premier system at the time it was introduced in Ohio.
The Secretary of State’s counterclaim includes the following points:
1. Breach of warranty
2. Breach of contract
3. Breach of contract for failing to conform to Ohio law
4. Fraud in the inducement
5. Request for a determination of the rights of the (parties known as declaratory judgment).
Under the requirements of Ohio law, the counterclaim adds the Ohio Association of Elections Officials and affected county boards of elections (Belmont, Butler, Cuyahoga, Green, Guernsey, Henry, Jefferson, Lucas, Miami, Montgomery, and Stark) as parties to the Secretary’s request for declaratory judgment to allow the court to make a determination of all affected parties’ rights regarding the voting system contracts. Damages are sought only against Premier.
Jennifer Brunner - "Ohioians Deserve Better"
Submitted by Schmennis on Thu, 08/07/2008 - 12:59pm.
This issue can be summed up with one phase....."We have taken this action to recover taxpayer funds spent for voting systems used in half of the state’s 88 counties because Ohioans deserve better", Secretary of State Jennifer Brunner said."
This action has been taken NOT because "Ohioans deserve better" but because Premier Voting Machines didn't deliver a reliable product.
Aside from that, Jeniffer Brunner reveals the REAL issue, motivation by partisan politics, and takes a page from the Democratic Party Agenda to have election "reform." Ohioans deserve better.
Just a veiled way to say politics as usual, and allow those thousands of deceased and ineligible voters in Cleveland and Toledo (registered to vacant crack houses) to have their vote count.
Welcome to election 2000 Part II. This could be resolved without this type of court action.
Thanks Jennifer for working to assure that this election embarrasses Ohio once again.
Please take your place aside Marc Dann.
Got addresses?
Submitted by kJk on Thu, 08/07/2008 - 4:37pm.
If there are "thousands of deceased and ineligible voters in Cleveland and Toledo (registered to vacant crack houses)," surely you must have at least a dozen addresses.
Let's have them.
Addresses
Submitted by Schmennis on Thu, 08/07/2008 - 7:28pm.
The local boards of election have been notified of the problems I encountered in specific precincts. I wonder why you guys are so interested in posting addresses.
However, I could relay the most egregious examples I encountered are in Lucas Co. in Toledo, South of Dorr St. 246 and west of N. Westwood Ave. Neighbors indicated address that listed as having recent voters have been boarded up and vacant for years and also included many deceased voters. Lucas Co. BOE indicated they would be purging their rolls "soon." (sometimes 12 voters at one vacant boarded up home all listed as recently having voted) 2 years ago that one precinct had at least 100 voters registered to vacant houses.
I will look to see if I have some examples from Cleveland, Cuyahoga county was always a problem.
I am not even including in discussion college campuses with outdated voter rolls like Bowling Green or places with high turnover like Wright-Patterson AFB in Dayton. It makes getting issues on the ballot near impossible and depending on your issue, SOME BOE's can be indifferent to correcting problems. Although, in Ohio I have found most BOE's employees very cooperative. I think the best voter registration lists I encountered were Clermont Co. , Lake Co. was very good also. Lorain Co. is just outstanding. There was one that was a bearcat and I can't remember which one so I will refrain from guessing...it was in the South though, well organized and put together staff, but very obstinate to getting the the issue on the ballot.
Our voting registration system needs reform. I favor a system where you can show up on election day with a state issued ID, federal issued Social Security Card and/or establish residency with your utility bill.
Special circumstances should be allowed to vote provisional. If you aren't responsible enough to be able to establish your identity, apply for a job, government benefits or establish residency you shouldn't be burdened with the responsibility of choosing our leaders.
Rise from the dead
Submitted by mvirenicus on Thu, 08/07/2008 - 8:23pm.
I've been working hard to bolster the NecroVote here in Ohio. The dead make far better choices in the voting booth than the supposed living in this state.
BTW, I went on a tour of the old Mansfield Reformatory yesterday. Really cool place with tons of history. I'd recommend the tour to anyone, living or dead. However, I couldn't drive more than a couple blocks in Mansfield without encountering some signage, either on public property or in someone's yard, about Jebus and/or the holy bibble. What's up with that crap? It just reinforced my idea of Ohio as "The Mississippi Of The Midwest."
America needs an enema
Submitted by Schmennis on Thu, 08/07/2008 - 8:25pm.
So you are the one requesting absentee ballots for the dead?
I knew it had to be someone! Do you vote for your cat too?
Your cat told me she was supporting Obama this time around.
Meow-bama!
Now if only you could channel dead cats!
Ohio is getting to be the New Orleans La., of the Midwest.
Meow-bama!
Submitted by mvirenicus on Thu, 08/07/2008 - 9:20pm.
You ain't kiddin! An enema that causes an explosive discharge of "Conservatism" and every other form of backward thinking! This country is so embarrassing.
I don't know who "you guys
Submitted by kJk on Fri, 08/08/2008 - 12:05pm.
I don't know who "you guys are," since I have no relationship of any variety with anyone who runs this site, nor have I met or so much as exchanged a single e-mail with any of them. Nor did I post anything on the thread you've linked to. But I post on this site so I must think, speak, and act just like everyone but you, right?
"I will look to see if I have some examples from Cleveland, Cuyahoga county was always a problem."
So your answer is "No."
So you blindly allege that "thousands" vote illegally by citing the addresses of "vacant crack houses" in Cleveland and you don't have a SINGLE address to verify your allegation? If you only had information on Toledo, why did you list Cleveland first? Is is possible that because Cleveland is larger and more prominent within the Democratic Party that you sought to make shit up about Cleveland?
NEVER!
Blind Devotion
Submitted by Schmennis on Fri, 08/08/2008 - 3:03pm.
I am not blind, nor do I have to make "shit" up about Cleveland. Cleveland is Cleveland regardless of how offended you are that Cuyahoga county has had a screwed up BOE. (maybe you work there)
You asked me for addresses and I gave you a specific precinct off the top of my head in Toledo, which had at least 100 voter inconsistencies and listed Bowling Green and Wright Patt. AFB neighborhoods and you NEED me to zero in on Cuyahoga Co. to satisfy your need to know Cuyahoga Co. is NOT a shitty county for voter registration. That is sad. Working in a precinct, behind an ACORN crew/issue is no picnic.
I have supervised close to 200 political campaigns (local issues and candidates) in nearly all 88 counties of Ohio in 100's of precincts....It is NOT my job and don't get paid to document any counties voter registration inaccuracies for them (and maintain records)....and just because I blanket describe voter registration problems in Ohio doesn't mean I am inaccurate, it means I am to busy to do the BOE's job for them. I have reported all voter registration inconsistencies to the local BOE's as I, and my staff, have found them.
Since you brought it up, my specific experience with Cuy BOE has been poor, at best. I have had to take a full day out of work to drive to Cleveland from Columbus and schedule to meet with Director Micheal Vu just to get a $6.00 voter registration list and mailing labels from ONE precinct, after I paid for AND requested (begged) for one three times. DON'T preach to me about the virtues of Cuyahoga Co. BOE unless you can sight specific change (besides resignations) I cannot imagine how crappy voter registration must be when they couldn't seem to operate an office and deliver 1 voter registration walking list and mailing labels.
The ONLY positive interaction I ever had in that office was with Micheal Vu (which I greatly appreciated) The Plain Dealer has done enough stories on the office short comings to rehash here.
How many assumptions can one make?!
Submitted by kJk on Fri, 08/08/2008 - 4:37pm.
Both of your replies to me have been laced with blanket assumptions that I fit into one box you have on your rant sheet or another. Trouble is, I don't fit into a single one of your assumptions.
Where in my comments have I defended the miserable Cuyahoga County BOE?
Want a defense of it? Here it is: Jane Platten is a competent, dedicated, trustworthy, and forthright lifelong civil servant who has worked her ass off in every role she's ever held in government because she cares about her community.
Now the qualifier: Jane Platten is not the right person to serve as public manager of the largest BOE in the state, because she is a civil servant best equipped for working with and serving the public, rather than making administrative decisions with scant valuable input from professionals.
Michael Vu performed VERY criminal activity as Director of the Cuyahoga County BOE. I know ALL about the Cuyahoga County BOE's problems under Vu. I know the people who exposed him. Here's some light reading for you:
http://urban.csuohio.edu/cei/public_monitor/
http://urban.csuohio.edu/cei/public_monitor/audit_signup.php
I am not defending Cuyahoga County. I don't defend corrupt white flight suburbanite assholes. But moreso, I don't take kindly to people taking pot shots at my city. If you have something on-point that actually relates to something I've said, go for it. Otherwise, keep your cheapshots and assumptions to yourself.
Unlike some self-indulged people in one certain Ohio city--mayor said city excluded--we in Cleveland and the good people in Dayton, Toledo, Canton, Cincinnati, Akron, and Youngstown understand, admit, and acknowledge that we have problems. But our biggest problem is getting people to stop the incessant negativity that has precluded any solutions for 35 years and counting. When people hear nothing but "you suck" from birth through adulthood, they subconsciously start to believe it. If you want average people to change in this region, start by changing your "you suck" attitude.
Changes!
Submitted by Schmennis on Sat, 08/09/2008 - 1:52pm.
I am excited about changes at the BOE....in Cuyahoga Co. it is a step in the right direction.....problems I observed at the BOE weren't even criminal but just plain negligence and extreme irresponsibility that I am SURE caused numberous problems.
The cities you listed have problems that could never be addressed here but each of the cites you listed has one thing in common that thankfully Columbus has less of then any city in the region.
All of Ohio is sinking and sinking fast, and there is one major entity that can be thanked and it isn't the democratic party.
The problem in Ohio is the influence that labor unions have over political decisions. Unions have been fantastic over the years representing the local worker but no one can dispute that with workers rights have come corruption and activities that do not represent American workers and have been detrimental to the American work ethic. If you like Ohio, thank the labor unions. Just ask anyone in Columbus why we lost our Symphony Orchestra, besides that it isn't profitable and wealthy musicians want corporate "donations" when regular Joe's can't affor a ticket or won't attend. (And people why Honda hires temporary employees with a 2 year probation period) In moder times, if you can't work and please an employer without a negotiator then you don't deserve to work. (Yes Virginia, I am a democrat and there is NO Santa Clause)
Examine all the cities you mentioned vs. the cities you didn't and the common denominator is what? Union strength.
I'm not sure what to think of your "White Flight Suburbanite Asshole " comment...are suburbanites not suppose to flee urban areas when gunshots and poor schooling threaten their children?
Yes, Cleveland is a beacon of democratic leadership maybe only surpassed by Detroit or New Orleans.
Schmennis Returns!
Submitted by Nick D on Fri, 08/08/2008 - 5:14pm.
Schmennis, I've been missing your illogical, hilarious posts. There has been less humor around here without you, that's a fact!
As for Jennifer Brunner, she has done nothing, nothing at all, except keep her 2006 campaign promises. And she should be applauded for attempting to recover taxpayer dollars that were misspent on a flawed voting system.
Voters in Cuyahoga County like the new optical scan system. Why do people like you insist on trashing a system the voters like?
Nick! maybe House Bill 350 will solve it.....
Submitted by Schmennis on Sat, 08/09/2008 - 11:35am.
I missed you guys too. Now that I am out of the "joint" and not worried about if I am getting my allotted number of tater-tots or getting raped in the shower, I can focus on serious stuff like politics. Just Kidding! I'm still on probation....LOL
*humor!*
Voters would probably line up around the block for free back massages and USDA surplus cheese too, that doesn't mean they should get either. Why doesn't the USDA ever have a surplus of something useful like...I dunno beer or wine?
I'd like to vote from my couch, while eating DQ Hot Fudge Brownie Sundays, while watching "So You Think You Can Dance" while toggling between porn websites and work spreadsheets, but that isn't going to happen either. Unless I vote absentee...???? Hummmm...
I think optical scan machines leave the ballots open to fraud or error. If anyone is interested I just finished reading, "Stealing Elections: How Voter Fraud Threatens Our Democracy"
The problem is that EVERY system is open to fraud and error....but the system we use should be the system that best eliminates as much fraud and error as possible.
We should move forward with technology not backwards to paper ballots and optical scanners. Paper ballots can be altered after they are cast and skew results during a recount. Hopefully, Amended Substitute H.B. 350 will eliminate some of the need to worry about election fraud in Ohio.
white flight
Submitted by kJk on Mon, 08/11/2008 - 10:59am.
If you think white flight was about "gunshots" and "poor schooling," YOU ARE A FUCKING MORON. Cleveland's schools were among the top large school districts in the nation UNTIL WHITE FLIGHT. The unrest that became the Hough and Glenville riots happened AS A RESULT OF WHITE FLIGHT. Recorded history did not begin in 2001.
Yes, I am the Moron!
Submitted by Schmennis on Mon, 08/11/2008 - 1:03pm.
I am the moron I can admit it....however, if YOU are saying that white people moving out of urban neighborhoods was the cause of any riots then you aren't so smart either.
Nice use of the "F" word though, can you think of any other uses for the word?
So you are in effect saying if the white people had stayed in urban areas there would have been no riots because everyone would have been "shiny happy people holding hands" at the time when MLK was killed, which really caused race tensions to reach a boil?
Ever studied the social
Submitted by kJk on Mon, 08/11/2008 - 12:49pm.
Ever studied the social history of 1945 to the 1970s?
Here's a few important dates, as they relate to Cleveland:
1) 1945: World War II ends
2) 1951: Cleveland's population peaks at 914,000
3) 1959: Innerbelt Bridge completed (i.e. white flight passes the tipping point)
4) 1966: Hough riots, Carl Stokes elected mayor
5) 1968: MLK killed, RFK killed, Glenville riots
What came first--the riots or the flight?
The primary motivation of people unaffiliated with black nationalist movements who nonetheless participated in and began rioting in America's cities was lack of economic opportunity. With white flight went the money from the neighborhoods. With the money went the jobs. With the jobs went the tax base. With the tax base went the city services. With the city services went law and order.
And then the second wave of white flight, which destroyed the city schools, came in the 1970s in direct response to Judge Frank Battisti's order of cross-district busing. When people immediately pull their children out of city schools and move to the suburbs at the first word that their kids will be in racially-mixed classrooms, you tell me--why did the parents do that? Was it "gunshots" and "poor schooling," even though the schools weren't poor yet? When the black kids beat up isolated white kids in their schools and the white kids beat up isolated black kids, both of which only exacerbated the problems once the school year began, was that "gunshots" and "poor schooling," or was it something else?
Why did the white people leave?
Submitted by Schmennis on Mon, 08/11/2008 - 10:32pm.
Why did the white people leave?
"you tell me--why did the parents do that?"
Racism and more importantly anti-multiculturalism.
Minorities sometimes fail to realize that there is discrimination over culture just as much as there is over race.
I have been a victim of discrimination because of my culture as well as my race.
Ignorant people refuse to learn and get to know people with different culture as well as race. I don't excel in situations where I am unfamiliar with accepted behavior, which is why I try to fight that flaw in myself by pursing clients from all ethic groups... most of my clients are African American, Arab and Somali....the first time I ate somoza I was apprehensive. Many people wouldn't "get" why yelling loudly around a sombrero is "fun" to my family and they certainly would feel out of place with my dad's family doing a polka, eating lutefisk (lye soaked whitefish)
Cultural-ism is the new face of racism in America. People decide what your culture is by the color of their skin...most times, as I can attest, they are wrong.
If people don't want their kids to grow up with children that display behavior that they don't identify with, they MOVE.
I had GOOD opportunity because of my minority status in the military, but I witnessed other minority groups get promotions and opportunity because of their race, ahead of me. Reverse racism.
Is it right no!
Is it life, yes!
It is always someone else's fault...BAD whitey, bad....
*sarcasm*
Culture
Submitted by neurofaith on Mon, 08/11/2008 - 10:42pm.
The unfortunate truth is that racism and anti-culturalism do still exist today. In the future, they will both still exist. Birds of a feather do stick together. I vehemently abhore racism, but I can understand intolerance of other cultures. I am in no way COMPLETELY tolorant of all other cultures. I can't tolerate honor killings. I can't tolerate castrating young girls against their will. I can't tolerate bride burning. Oh wait, those things are just representative of other cultures so I must be intolerant of other cultures. The fact is, America is more tolerant of other cultures than most other countries. Our problem is that we don't have a defined culture. All we can do now is define our culture based on the current laws. Once we define the American culture, then we can sort out the mess. Boy, that will be fun.
PVS = Diebold