Re: AB 2097 -- Proposed Amendment

From: Ron Crane <voting_at_lastland_dot_net>
Date: Thu Apr 20 2006 - 22:45:49 CDT

Alan Dechert wrote:
> People are concerned what happens if vendors refuse to comply.
>
> Currently, Sec 2, (4)(f) says,
>
> A public review process shall be in place by
> June 30, 2007. In the event that a vendor of a
> system certified before June 30, 2007, refuses to
> comply with the disclosure requirements, his or
> her system shall be decertified. The Secretary
> of State shall ensure that a suitable replacement
> be available.
>
> Here's what I'm thinking ....
>
> A public review process shall be in place by June 30, 2007. If, by February
> 1, 2007, the Secretary of State is for any reason dissatisfied with vendor
> compliance progress with provisions of this measure, the Secretary of State
> may contract with any or several campuses of the University of California to
> create voting system software to run on existing voting system hardware or
> replacement COTS hardware. In this case, the Secretary of State will forego
> the federal certification process normally required.
>
This seems like a good plan, though, if no vendors comply, the timing is
likely to end up being very tight. But I suspect that some will comply
-- though in a highly legalistic manner. This re-raises my prior set of
amendments (attached), which are intended to make it more difficult for
vendors to hide stuff that we ought to know. As writ, vendors will drive
trucks through the existing bill's "voting system specific" language,
among other things. For example, Diebold probably will argue that its
touchscreen-input code is not "voting system specific" because "we use
the same code in our ATMs". Once this occurs, years of litigation will
ensue, during which voters will be no better off than they were before
the bill's enactment. Let's try to make the bill as tight as possible
within the constraints of legislative politics.

-R

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Received on Tue May 2 21:06:53 2006

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