"Following a contentious six-hour hearing during which the Voting Systems and Procedures Panel grilled Diebold president Bob Urosevich about his company's business practices, the panel voted to recommend decertifying the Diebold AccuVote-TSx machine, which was used for the first time in California during the March primary in Kern, San Joaquin, Solano and San Diego counties.
"The panel also recommended that Shelley ask the state attorney general to examine the possibility of bringing civil and criminal charges against Diebold for violating California election codes, which state that vendors cannot change software without notifying the secretary of state's office. The codes also say that no vendor can install uncertified software on voting systems.
"Last November, the state discovered that Diebold had installed uncertified software on its voting machines in 17 counties without notifying state officials or, in some cases, even county officials who were affected by the changes.
"Diebold said it was not entirely responsible for the installation of uncertified software and systems in California because changes in certification practices at the federal level had caused delays with certification and that state rules about certification were confusing.
"But state undersecretary and panel chairman Mark Kyle said the company's excuses rang "hollow" and that the state's rules were extremely clear. He expressed anger that Diebold had been deceptive about advance knowledge of problems with its smart card encoder before the March primary. He also accused the company of "switch-and-bait" tactics in trying to pass off uncertified software as certified software and suggested that the company might have colluded with the federal testing lab, Wyle Laboratories, to get its system through the California investigation."
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