Earlier this month I testified in Gusciora v. Corzine, the trial in which the plaintiffs argue that New Jersey’s voting machines (Sequoia AVC Advantage) can’t be trusted to count the votes, because they’re so easily hacked to make them cheat.
I’ve previously written about the conclusions of my expert report: in 7 minutes you can replace the ROM and make the machine cheat in every future election, and there’s no practical way for the State to detect cheating machines (in part because there’s no voter-verified paper ballot).
The trial started on January 27, 2009 and I testified for four and a half days. I testified that the AVC Advantage can be hacked by replacing its ROM, or by replacing its Z80 processor chip, so that it steals votes undetectably. I testified that fraudulent firmware can also be installed into the audio-voting daughterboard by a virus carried through audio-ballot cartridges. I testified about many other things as well.
Finally, I testified about the accuracy of the Sequoia AVC Advantage. I believe that the most significant source of inaccuracy is its vulnerability to hacking. There’s no practical means of testing whether the machine has been hacked, and certainly the State of New Jersey does not even attempt to test. If we could somehow know that the machine has not been hacked, then (as I testified) I believe the most significant _other_ inaccuracy of the AVC Advantage is that it does not give adequate feedback to voters and pollworkers about whether a vote has been recorded. This can lead to a voter’s ballot not being counted at all; or a voter’s ballot counting two or three times (without fraudulent intent). I believe that this error may be on the order of 1% or more, but I was not able to measure it in my study because it involves user-interface interaction with real people.
In the hypothetical case that the AVC Advantage has not been hacked, I believe this user-interface source of perhaps 1% inaccuracy would be very troubling, but (in my opinion) is not the main reason to disqualify it from use in elections. The AVC Advantage should be disqualified for the simple reason that it can be easily hacked to cheat, and there’s no practical method that will be sure of catching this hack.
Security seals. When I examined the State’s Sequoia AVC Advantage voting machines in July 2008, they had no security seals preventing ROM replacement. I demonstrated on video (which we played in Court in Jan/Feb 2009) that in 7 minutes I could pick the lock, unscrew some screws, replace the ROM with one that cheats, replace the screws, and lock the door.
In September 2008, after the State read my expert report, they installed four kinds of physical security seals on the AVC Advantage. These seals were present during the November 2008 election. On December 1, I sent to the Court (and to the State) a supplemental expert report (with video) showing how I could defeat all of these seals.
In November/December the State informed the Court that they were changing to four new seals. On December 30, 2008 the State Director of Elections, Mr. Robert Giles, demonstrated to me the installation of these seals onto the AVC Advantage voting machine and gave me samples. He installed quite a few seals (of these four different kinds, but some of them in multiple places) on the machine.
On January 27, 2009 I sent to the Court (and to the State) a supplemental expert report showing how I could defeat all those new seals. On February 5th, as part of my trial testimony I demonstrated for the Court the principles and methods by which each of those seals could be defeated.
On cross-examination, the State defendants invited me to demonstrate, on an actual Sequoia AVC Advantage voting machine in the courtroom, the removal of all the seals, replacement of the ROM, and replacement of all the seals leaving no evidence of tampering. I then did so, carefully and slowly; it took 47 minutes. As I testified, someone with more practice (and without a judge and 7 lawyers watching) would do it much faster.