Pre-election drama in Massachusetts

by Eugene on January 18, 2010

in Government

As the nation awaits for Tuesday’s senate election in Massachusetts, there’s already talk of possible vote tampering and the term limit of interim Sen. Paul Kirk (D-MA).

Apparently Massachusetts uses voting machines which have been proven to be easily hacked:

The Diebold electronic voting machines to be used in more than 90% of the state’s districts are the same demonstrably unreliable ballot scanning systems that were seen being hacked in the Emmy-nominated HBO documentary Hacking Democracy. The rest of the machines used in the Bay State are made by Sequoia Voting System, Inc., the same manufacturer whose machines were “misconfigured,” to switch votes in Erie County, NY’s Nov. 3, 2009 election and which have failed, and even been hacked, in a number of cases around the country.

Making matters worse, the company who sells, services and programs the Diebold optical-scan paper ballot systems to be used next week, LHS Associates, has a disturbing criminal background, and has admitted to tampering illegally with voting systems during past elections.

As seen in the climactic finale of Hacking Democracy, due to undocumented “interpreted code” in the system, included by Diebold in violation of federal voting system guidelines, the Diebold Accuvote op-scan system is easily hacked and votes can be flipped in such a way that the tampering would likely never be discovered.

This is something to be on the lookout for. Technology has its place in a democracy, but voting doesn’t seem to be it.

Then the question of Sen. Kirk’s appointed term in the Senate:

But based on Massachusetts law, Senate precedent, and the U.S. Constitution, Republican attorneys said Kirk will no longer be a senator after election day, period.  Brown meets the age, citizenship, and residency requirements in the Constitution to qualify for the Senate.  “Qualification” does not require state “certification,” the lawyers said.

An appointed senator’s right to vote is not dependent on whether his successor has been certified, the lawyers said.  In Massachusetts, the election of a senator must be certified by the governor, the governor’s council, and the secretary of state – all of them Democrats.

The race is more than Brown (R) vs. Coakley (D). It’s going to boil down to which team has better lawyers, too.

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