Election integrity activist Chris Gleason has uncovered information which may show that technology used with Maryland's election machines was never certified, and therefore Maryland election machines must be immediately decertified.

See the email string below.

From: PublicRecordsRequest ElectionData
Date: On Wed, May 17, 2023 at 10:10 AM
Subject: Fwd: Re: Your PIA Request to the MD State Board of Elections
To: Whitney LeRoux -SBE- <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>
Cc:

Thank you for your prompt reply, Whitney.

According to the State of Maryland Election Law Statutes:

In order to certify the ES&S Electronic Voting Systems for use in the State of Maryland, ES&S was required to submit the following to the State of Maryland.

under Sec. 33.09.03.06. Business Information Package. According to the Maryland Certification the following information was also required:

• Am I to understand what you are saying in your previous email that this did not occur and the State of Maryland did not comply with Maryland statutes?

• I would also like to note that we had requested the Technical Data Package required for approval for the use and certification of the Electronic Voting Systems in the State of Maryland. Kindly provide that to us as soon as possible as that was also required in order to legally certify the Electronic Voting Systems for use in the State of Maryland. SEE ATTACHED IMAGE WHICH CONTAINS AN EXAMPLE OF WHAT WE ARE REQUESTING, THAT WAS REQUIRED FOR SUBMISSION FOR CERTIFICATION IN MARYLAND.
• Please provide the required Maryland State Certification for the use of Clear Ballot Systems, software, and hardware in Maryland elections.
• Please provide the required Maryland State Certification for the use of Runbeck software and hardware in the use of Maryland elections.

Thank you for providing the EAC Certification in your last email.

I would like to bring to your attention the fact that the use of modems in DS200 and DS850 is not certified for use according to the EAC.

Thus the addition and use of modems with the ES&S Electronic Voting Systems effectively void their certification of the machines. Please see the attached correspondence between the EAC and ES&S.

As you can clearly see on page 2 of the attached correspondence in the .pdf

I would like to bring to your attention the following information:

Open with Zight
Maryland_Closed_Certification Testing Report for ES&S EVS_FINAL.pdf - Adobe.. 2023-05-17 at 9.16.35 AM

As you can clearly see, the system must be tested, configured, and certified by EAC. The use of modems, including cellular modems VOIDS the certification.

Furthermore, it is our understanding that the State of Maryland has a very specific statute regarding the REQUIRED DECERTIFICATION of Electronic Voting Systems.

The ES&S Systems are required to generate an audit trail. The EL68A and EL68 are the audit trail to ensure:

(ii) protect the security of the voting process

(iii) count and record all votes accurately

(v) protect all other rights of voters and candidates

(vi) be capable of creating a paper record of all votes cast in order that an audit trail is available...

• Is using illegally certified election systems that do not meet the EAC or State of Maryland legal requirements not a violation of both Federal and State Election Laws?
• How can elections be certified if the election systems used to administer the elections were illegally certified and do not meet the legal requirements for use?
• Is producing altered official election documents a crime in the State of Maryland?
• Is refusing to produce the required AUDIT TRAIL - AUDIT LOGS- EL68A, and EL68 also not a violation of Maryland State laws?

I look forward to the production of documents responsive to our Public Records Request.

Warmest regards,

---

On Mon, May 15, 2023 at 2:01 PM Whitney LeRoux -SBE- <[email protected]> wrote:

To Whom it May Concern:

Attached please find the certification you requested for ES&S as a voting system provider.

I reached out to our Voting Systems division to request they provide me with the following EL68A reports: 2018, 2020, and 2022 and they do not have those available. Under PIA law, the custodian is not required to generate or produce a report that the custodian does not already possess.

I believe for the below items you need to ask the actual business, Election Systems and Software, not SBE as a state agency. We do not have the following and recommend reaching out directly to ES&S:

Sec. 33.09.03.06. Business Information Package A. Scope. The information required by this regulation shall be provided separately for: (1) The applicant's business; and (2) If the applicant is not the manufacturer of the voting system, the manufacturer's business. B. Required Information. The business information package shall include: (1) History and description of the business, including: (a) Year established; (b) Products and services offered; (c) Areas served; (d) Branch offices; (e) Subsidiaries; (f) Parent companies; and (g) Subsidiaries of parent companies; (2) Management and staff organization, including: (a) Number of full-time employees by category; and (b) Number of part-time employees by category; (3) The name and address of each: (a) Officer of the business; (b) Person who is known to have a beneficial interest (as defined in State Finance and Procurement Article, §13-221, Annotated Code of Maryland) in the business or any parent company; (4) Financial history of business, including: (a) A financial statement for each of the past 3 fiscal years; (b) Gross sales in voting products and voting services for the past 3 fiscal years; and (c) The percentage those sales represent of all sales of the business and its subsidiaries; (5) Location and manufacturing capability of each facility that is or will be used to fabricate and assemble all or any part of the voting system for which certification is being sought; (6) Location and servicing capability, including any service limitations, of each facility that is or will be used to serve the voting system for which certification is being sought; and (7) The legal and financial relationship among all vendors and manufacturers of the voting system and its various components.

---

On Thu, Apr 27, 2023 at 1:27 PM Whitney LeRoux -SBE- <[email protected]> wrote:

To Whom it May Concern:

I received your PIA request but several of the documents you mentioned we do not have as part of our contract approval process. Maybe they are simply called something different.

- There is no debarment affidavit. There is just a list of debarred companies available.

- I am not sure what a "Business Information Package" is- I have not heard this term before.

- Technical data package- are you referring to a technical proposal?

Also, I did not see which ES&S contract you are requesting, as we have more than one. Did you mean the Voting System Solution contract by chance?

Thanks,

Whitney

--Whitney LeRoux, CMPODirector of ProcurementMaryland State Board of [email protected] (office)443-223-3117 (cell)

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