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Diebold Defrauded the Federal Certification Process

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Message Michael Shelby
The Diebold Company obtained its Federal certifications for their touchscreen voting machines by committing fraud, including withholding information and submitting false documentation. An investigation that spans three years by election integrity activist Jim March, formerly of Black Box Voting, renders the electronic voting machines of the Diebold Company "legally valueless" (

If I were Diebold I would be afraid . . . very afraid!

A statement released Thursday, August 3, 2006, by Dr. Richard. R. Lee, PhD ( describes how the Windows CE operating system used by the Diebold machines is not Commercial Off The Shelf (COTS) software as Diebold has submitted in its request for National Association of State Elections Directors (NASED) certification. NASED certification is required in 37 states and plays a significant role in most of the others. Federal Elections Commission (FEC) 2002 rules state, ". . . devices and software are exempted from certain portions of the qualification testing process so long as such products are not modified in any manner for use in the voting system." Dr. Lee recognized by Microsoft as an Embedded MVP for his work with Windows CE, states that, "It is not possible to build a functioning release of Windows CE for any platform strictly from the executable components provided by Microsoft. There are always program elements which must be developed for that specific platform . . . typically done by the Original Equipment Manufacturer (OEM) or by their agent [Wyle Labs]; not by Microsoft."(emphasis mine)

Windows CE is effectively a "kit" that "requires significant customization to work on a voting machine, such as a Diebold touch-screen," as Senator Debra Bowen of California and candidate for Secretary of State, pointed out March 27, 2006 during the California Certification Hearing. She went on to rebut Wyle Labs Joe Hazeltine, "It's not 'Commercial Off The Shelf Software.' It won't work without being customized. Diebold has the source code for Windows CE and can modify core features and yet here they are basically writing saying "We don't want to be looking at the Windows CE 3.0 system, even though it could only run on a Diebold touch-screen if it were customized." To which the Wyle Labs rep responded, "Well . . . you can read it that way . . ." What the Wyle rep failed to grasp, or chose not to, is that once you have customized the Windows CE software it must undergo a source code review as required of any customized code by the FEC rules. It didn't and the Diebold Internal Email of April 15, 2002 stated, "We do not want to get Wyle reviewing and certifying the operating systems." And that's fraud!

A foundational premise of US law is that any document, contract, deed, diploma, certification, or other credential obtained by way of fraud is legally valueless, or in the language of criminal law, was obtained by the fruit of the poisonous tree. And since "Fraud vitiates (corrupts) everything" the Diebold machines are no longer viable voting machines. In fact it can be argued that they are no more than door stops, boat anchors, or radioactive Japanese monsters, whatever, but no longer voting machines. Diebold touch-screen electronic voting machines cannot, must not be recognized as viable since their fundamental certification was obtained by way of fraud!

The above article more fairly represents an editing of two documents, The Fraud Behind Diebold's Touchscreen Certifications by Jim March formerly of Black Box Voting,, and the declaration of Richard R. Lee, PhD, I refer you to these two excellent documents for a much more thorough justification of why Diebold touch-screen voting machines must be pulled from service.
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Michael Shelby is a voting activist in Arizona and a member of Arizona Citizens for Election Reform.
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