At what point exactly is the Maryland State Board of Elections and their co-conspirators in the various county boards of elections going to stop lying to "We the People" about the administration of elections in Maryland? It is very clear that under the direction of the Maryland Board of Elections a dire Constitutional crisis has been created.
We are going to request one final time that you kindly provide the data and public records previously requested as you are legally required to under both Maryland and Federal law. This duty to provide "PUBLIC RECORDS" related to the administration of Federal and Maryland elections is mandatory and non discretionary.
We have now made countless lawful requests for public records and data that you are the custodians of. Your inactions and refusals to provide these "election records" are inexcusable.
How has the Maryland Board of Elections legally certified ANY election in Maryland since 2015?
If all Maryland Elections have been administered on ES&S voting systems, Runbeck Ballot Duplication Systems and Clear Ballot systems, that have modems and network devices attached then under your direction Maryland Elections have been illegally administered on voting systems with either VOID EAC Certifications or NO EAC Certifications. If it is your official legal position that this is not the case kindly provide the EAC Certifications for the use of ES&S, Runbeck and Clear Ballot systems that have modems, use of wireless, use of TCP/IP, use of Infrared, use of wireless and the use of FIPS cryptographic modules.
Q. How does the Maryland Board of Elections legally certify elections administered on electronic voting systems with:
No EAC or Maryland Certifications?
EAC Certifications that are "VOID IN THEIR ENTIRETY"?
We all know that it is irrefutable that the ES&S Systems that are being used in Maryland do in fact have modems and network devices attached to them.
To deny these facts at this point is willful blindness and deliberate indifference.
The EAC has previously made it abundantly clear that the addition of the above mentioned devices to ES&S DS200 Tabulators voided the EAC Certification for the ENTIRE VOTING SYSTEM...
We are all aware of the issues that your wilful and deliberate actions have raised. To continue down this path is no longer an acceptable option.
We have requested all of the audit logs, system logs, configuration logs and error logs for all of the systems that you have used to illegally administer elections in Maryland.
We can clearly see that hundreds of thousands of Maryland voters have been illegally deprived of their right to cast ballots in multiple elections and have their votes accurately counted.
Under your direction the various county Boards of Elections have been unlawfully concealing and obstructing the mandatory disclosure of Elections related "PUBLIC RECORDS" in willful and malicious direct violation of numerous COMAR, MPIA, HAVA and Federal laws and regulations.
Why are you the Maryland Board of Elections refusing to execute your mandatory, non discretionary duty in such a flagrant disregard of numerous Maryland and Federal laws?
It is extremely clear why.
You and your co-conspirators are wilfully and maliciously concealing your violation of hundreds of thousands of Maryland voters Constitutional rights to cast a ballot and vote in both Federal and Maryland State and local elections under the color of law.
For every single "BLANK BALLOT CAST" is one voter whose right to vote has been illegally interfered with and their right to vote for anything on the ballot was illegally cancelled. This is the outright willful and malicious removal of any and all consent of the governed.
According to Clear Ballot, the company that you have been using to conduct Election Audits in Maryland Elections:
THE VOTING SYSTEM READS EACH BALLOT SCANNED, REGARDLESS OF THE NUMBER OF PAGES AS 1 BALLOT.
The sheer number of these Maryland voters ballots being illegally adjudicated as " BALLOTS CAST - BLANK" throughout Maryland in Federal, State and Local elections are significant enough to have changed the outcome of every election conducted in Maryland since at least 2014.
The only explanation is that the ES&S Tabulators in Maryland were purposefully configured to accept "BLANK BALLOTS". Are we really expected to believe that hundreds of thousands of Maryland Voters intentionally cast "BLANK BALLOTS" with not one voting position chosen?
Intentionally configuring Maryland voting systems to not notify Maryland voters that they were casting a 100% blank ballots and not giving Maryland voters the ability to cure the casting of "ZERO VOTING POSITIONS" is a clear violation of both Federal and Maryland State election laws.
We know that ALL of this information is contained in automatically generated machine readable "AUDIT LOGS" and data files contained in the systems that you used to conduct your official duties administering Federal and Maryland State and local county elections.
Is it still your official legal position that these audit logs were not automatically generated in the course of your official duties?
How do you explain what a "BLANK BALLOT" is now? We have seen some of your co-conspirators claim that "BLANK BALLOTS" are "Undervotes".
ES&S is very clear.
We all know that the requested audit logs, system logs, error logs and configuration logs are all automatically generated.
THIS IRREFUTABLE FACT MAKES THEM "PUBLIC RECORDS" AS THEY WERE GENERATED IN THE COURSE OF YOUR ADMINISTERING ELECTIONS.
For every single election administered on a voting system that has a VOID EAC Certification or NO EAC Certification you have illegally certified those elections.
How does the Maryland Board of Elections explain this?
Maryland took millions of dollars in HAVA Grant money from the United States Government to acquire voting systems that complied with Maryland Statutes, Federal Statutes such as HAVA and complied with the VVSG.
For the Maryland Board of Elections and the various Maryland County Boards of Elections to take Federal grant money and then not comply with the terms of those grants is a direct violation of Federal law and is considered "MAJOR GOVERNMENT FRAUD" according to US Code.
The only explanation that any reasonably prudent person can make from your willful and malicious actions and refusal to comply with the law is that you are concealing the fact that you have removed the consent of the governed and are now concealing the evidence of your overthrow of the Constitutional form of government in Maryland and have colluded to subvert Federal elections and the Constitution of the United States of America.
There is only one clear way to refute and clear up these issues once and for all, release all of the "Public Records" and "Election Data" in their original electronic machine readable formats, in their unaltered, unredacted, that they are generated in, stored in and transmitted in. If the Maryland Board of Elections has complied with the law there should be nothing to hide. The clear explanation will be in the automatically generated logs.These logs are REQUIRED TO BE GENERATED and RETAINED.
If it is your official legal position that the systems being illegally used to administer elections in Maryland under your direction are not in fact automatically generating the requested "public records" and as a result, you and your co-conspirators do not have any responsive records, you have no choice to immediately cease and desist from using these electronic voting systems as they do not comply with HAVA, VVSG or COMAR.
Maryland has one sole choice.
The Maryland Election Law is clear.
Maryland. Code, Elec. Law § 9-103 (“(2) shall decertify a previously certified voting system if the voting system no longer meets one or more of the standards in § 9 102(d)(1)(i) through (iii) of this subtitle.”) Md. Code, Elec. Law § 9-102 (“(d) The State Board may not certify a voting system unless the State Board determines that:(1) the voting system will:(i) protect the secrecy of the ballot;(ii) protect the security of the voting process;(iii) count and record all votes accurately;”)
The analysis of the data for the 2020 and 2022 November elections clearly show ES&S EVS 5.2.0.0 does not meet two of the three requirements necessary to decertify voting systems (ii) protect the security of the voting process or ;(iii) count and record all votes accurately.
According to the Election Systems and Software EVS 5.2.0.0 Certification Report issued by the Maryland State Board of Elections dated 12/4/2014 the EVS 5.2.0.0 never fully satisfied the requirements as set forth in the Election Law Article of the Annotated code of Maryland and the Code of Maryland Regulations.
Two examples that were never met are COMAR 33.09.05.05 A and COMAR 33.09.09.05 B.
This is a final demand for your full compliance with all Federal and Maryland laws to include Maryland. Code, Elec. Law § 9-103 (“(2), and our previous lawful requests for "PUBLIC RECORDS" and election data generated in the course of administering elections under both Maryland Law and Federal laws.
We demand that you cease and desist from any further administration of elections administered on electronic voting systems with VOID EAC Certifications, NO EAC Certifications.
We demand that you cease and desist from the illegal certification of elections administered on these systems that are not now nor have been legal to administer elections on.
We hereby further request for the preservation of all audit logs, error logs, system logs, configuration logs, SLOGs, PLOGS, emails, text messages, public records and documents as your continued and willful non compliance with the both Federal and Maryland laws will be addressed by any and all legal remedies available.
On Wed, May 17, 2023 at 10:10 AM PublicRecordsRequest ElectionData <[email protected]> wrote:
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)
