Wednesday, December 13, 2006
To: Georgia State Election Board
From: Georgians for Verified Voting
Re: Complaint Regarding Certification of the Diebold Election System
for the 2006 Primary and General Elections
Who We Are
Georgians for Verified Voting (GAVV) is a nonprofit, nonpartisan citizens’ activist organization
that advocates for voting systems/processes in Georgia that meet the requirements for
democratic elections: these systems must be accurate, auditable (software independent),
reliable, secure, transparent, and accessible.
Summary of Complaint
GAVV has evidence that the voting system used for the 2006 primary and general elections in
Georgia was not nationally certified, in violation of Georgia Election Law Title 21-2-322.16 and
the Rules of the Secretary of State Election Division 590-8-01.01.
We call on the Georgia State Election Board and the Attorney General, under Georgia Election
Law Title 21-2-31 and Title 21-2-33.1, to conduct an independent investigation to determine if:
1. CATHY COX, in her position as the Georgia Secretary of State (“Secretary”) certified for
safe use by the electors of the state for the 2006 primary, election and runoffs, an upgrade to
the statewide election system, herein called “Security Adjustment,” that failed to comply with
the provisions of the Rules of the Secretary of State for Certification of Voting Systems, Georgia
Admin. Code Chapter 590-8-1.01 and Georgia Election Law Title 21-2-322.16;
2. KATHY ROGERS, in her position as Director, Georgia Elections Division, did not follow
the applicable provisions of the Rules of the Secretary of State for Certification of Voting Systems,
Georgia Admin. Code Chapter 590-8-1.01(d) and Georgia Election Law Title 21-2-322.16 when
accepting Diebold TSX “D” tablet units for use in the statewide voting system by the electors of
the state for the 2006 general election;
3. BRITAIN J. WILLIAMS, consultant, Georgia Elections Division and MERLE KING,
executive director, CES KSU, tested and issued state certification to the Security Adjustment,
that failed to comply with the applicable provisions of the Secretary of State for Certification of
Voting Systems, Georgia Admin. Code Chapter 590-8-1.01 and Georgia Election Law Title 21-2-
322.16;
4. DIEBOLD ELECTIONS SYSTEMS (DES) did not meet stipulations in the Contract for a
Statewide Voting System No. GTA 000040, herein called “Contract,” 5th Amendment 6(e)(1);
6(e)(2)(ii), the Rules of the Secretary of State for Certification of Voting Systems, and Georgia
Admin. Code Chapter 590-8-1.01 by installing the Security Adjustment, that failed to meet
NASED/EAC 2002 Voting System Standards (VSS);
5. DIEBOLD ELECTIONS SYSTEMS violated of the Rules of the Secretary of State for
Certification of Voting Systems, Georgia Admin. Code Chapter 590-8-1.01 when they delivered
the Security Adjustment to CES KSU that was not tested by an ITA and was not issued a
NASED/EAC Qualification Certificate.
Download full complaint (2.5MB pdf) >
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