Anne Bucher  |  September 28, 2016

Category: Consumer News

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Election Systems & SoftwareA company that sells vote counting machines is facing a class action lawsuit that alleges its voting systems are subject to unnecessary monitoring and vulnerable to manipulation.

Plaintiff Anthony I. Provitola filed the election class action lawsuit on Monday, claiming that this vulnerability in the voting system sold by Election Systems & Sofware LLC may put the outcome of the 2016 election at risk.

According to the vote counting machine class action lawsuit, Election Systems has sold certain vote counting machines and election management systems to many jurisdictions since 2014.

In addition to providing the mechanism by which to count and tabulate votes, Election Systems also provided software for the voting systems along with any software updates.

“The principle/premise upon which this action is based is that no person or organization, directly or through software or device, should have or be allowed to have any opportunity to either monitor, observe, or have any other contact with the data representing votes in an election, other than persons and/or organizations specifically authorized by law to conduct the election,” the voting system class action lawsuit claims.

Provitola states that Election Systems has made assurances online and through advertisements about its responsibility to safeguard democracy through the manner in which its software counts votes.

The Election Systems class action lawsuit states that the voting systems must be connected to a communication device (such as a modem) in order to receive software updates and to report the vote count.

Provitola asserts that the requirement to have the voting systems connected to a communication device is unnecessary for the functioning of the voting system, and makes the voting systems vulnerable to monitoring or manipulation.

According to the Election Systems class action lawsuit, someone with knowledge of the software could benefit from the monitoring and/or manipulation of the voting systems by: 1) learning about the voting results and recruiting additional voters to counter the results; 2) alter the votes that have been recorded; and/or 3) by altering the transmissions about the votes that have been cast.

“Such activity, if performed skillfully, is unlikely to be sufficiently detectable to warrant a recount of the paper ballots originally counted by [vote counting machines] under the laws of the voting jurisdiction which allow for recounts only where a substantial margin of victory in the vote has not occurred,” the Election Systems class action lawsuit states.

Provitola sees to certify a Class defined as: “All United States citizens who are registered voters in the voting jurisdictions that have purchased vote counting machines and/or election management systems from Election Systems & Software LLC or its predecessors, subsidiaries or other affiliates for the use of counting and tabulating the votes cast by said registered voters during the period of four years prior to and extending to the filing date of this Complaint.”

Provitola has asked the court to order Election Systems & Software to notify all jurisdictions to which it has sold a vote counting machine or software to disconnect the systems from communication devices during the 2016 general election.

The voting system class action lawsuit asserts claims for negligence and breach of implied and express warranty. He seeks injunctive relief, actual damages, costs, pre- and post-judgment interest, and any other relief deemed appropriate by the court.

The proposed Class is represented by Anthony I. Provitola PA.

The Election Systems & Software Class Action Lawsuit is Anthony I. Provitola v. Election Systems & Software LLC, Case No. 1:16-cv-00314, in the U.S. District Court for the Northern District of Florida, Gainesville Division.

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15 thoughts onElection Systems Class Action Says Voting Machines Can Be Manipulated

  1. John Singletary says:

    I have evidence (official reports) of ES&S Systems Software called Electionware producing multiple “Final Results” for the same election and the County Director then picked the result they wanted. They also manipulate the final results by limiting the number of eligible active voters who are loaded onto the EVRL and since only about 15% of the people vote in some elections there is little chance of getting caught and if they do they just say they can vote by provisional ballot. In this case they eliminated 80% of the county voters by no loading them onto the system. These are just a few of the many ways I have evidence of election fraud. My name is John Singletary. My number is (843) 693-2823. Call any time, I’m looking for an attorney who is willing to file a lawsuit in South Carolina with this evidence. The contract between ES&S and SC also has a $10,000,000.00 E&O insurance policy that can be accessed.

    1. John Singletary says:

      you can to my Facebook page John Singletary and view the evidence.

  2. cc says:

    “According to the Election Systems class action lawsuit, someone with knowledge of the software could benefit from the monitoring and/or manipulation of the voting systems by: 1) learning about the voting results and recruiting additional voters to counter the results; 2) alter the votes that have been recorded; and/or 3) by altering the transmissions about the votes that have been cast.”

    Wow. Let us not assume that the election is valid simply because it is a US election. We know that election fraud has occurred in many countries around the world, and this is clear evidence that it may be occurring here. :(

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