so that there appointment of electors is not necessarily binding on Congress. In addition, this

diminishment of the recount law may violate the voters' right to equal protection and due

process, as well as undermine the entire import of Ohio's recount law.

Triad GSI ­ Using a "Cheat Sheet" to Cheat the Voters in Hocking and Other

3.

Perhaps the most disturbing irregularity that we have learned of in connection with the

recount concerns the activities and operations of Triad GSI, a voting machine company. On

December 13, 2004, House Judiciary Committee Democratic-staff met with Ms. Sherole Eaton,

Deputy Director of Elections for Hocking County. She explained that on Friday, December 10,

2004, Michael Barbian, Jr., a representative of Triad GSI, unilaterally sought and obtained access

to the voting machinery and records in Hocking County, Ohio.

Ms. Eaton witnessed Mr. Barbian modify the Hocking County computer vote tabulator

before the announcement of the Ohio recount. She further witnessed Barbian, upon the

announcement that the Hocking County precinct was planned to be the subject of the initial Ohio

test recount, make further alterations based on his knowledge of that information. She also has

firsthand knowledge that Barbian advised election officials how to manipulate voting machinery

to ensure that a preliminary hand recount matched the machine count.386

According to the affidavit, the Triad official sought access to the voting machinery based

on the apparent pretext that he wanted to review some "legal questions" Ohio voting officials

might receive as part of the recount process. At several times during his interaction with

Hocking County voting machines, Mr. Barbian telephoned into Triad's offices to obtain

programming information relating to the machinery and the precinct in question. It is now

known that Triad officials have intervened in other counties in Ohio - Greene and Monroe, and

perhaps others.

In fact, Mr. Barbian himself has admitted to altering tabulating software in Hocking,

Lorain, Muskingum, Clark, Harrison and Guernsey counties.387 Todd Rapp, President of Triad,

also has confirmed that these sorts of changes are standard procedure for his company.388

lawsuit would have been had a viable presidential candidate been a plaintiff.

Eaton affidavit on file with House Judiciary Committee Democratic Staff.

Preliminary Transcript, Interview of Michael Barbian by Lynda Byrket, on file with the

House Judiciary Committee Democratic Staff.

Preliminary Transcript, Footage of Hocking County Board Meeting, Dec. 20, 2004, on

file with the House Judiciary Committee Democratic Staff.

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