threatens the ability of the presidential candidates, their witnesses, and the

counter-plaintiffs in the above-captioned action, to properly analyze, inspect, and

assess the ballots and the related voting with demo the 2004 presidential election in

Ohio. It is my understanding that 41 of Ohio's 88 counties use Triad voting

machines. As a version the incident in Hocking County could compromise the

statewide recount, and undermine the public's trust in the credibility and accuracy

of the recount.393

We have received several additional reports of machine irregularities involving several

other counties serviced by Triad,394 including a report that Triad was able to alter election

software by remote access:

·

In Union County, the hard drive on the vote tabulation machine, a Triad machine, had

failed after the election and had been replaced. The old hard drive was returned to the

Union County Board of Elections in response to a subpoena.

·

The Directors of the Board of Elections in both Fulton and Henry County stated that the

Triad company had reprogrammed the computer by remote dial-up to count only the

presidential votes prior to the start of the recount.395

·

In Monroe County, the 3% hand-count failed to match the machine count twice.

Subsequent runs on that machine did not match each other nor the hand count. The

Monroe County Board of Elections summoned a repairman from Triad to bring a new

machine and the recount was suspended and reconvened for the following day. On the

following day, a new machine was present at the Board of Elections office and the old

machine was gone. The Board conducted a test run followed by the 3% hand-counted

ballots. The results matched this time and the Board conducted the remainder of the

recount by machine.

·

In Harrison County, a representative of the Triad company reprogrammed and retested

the tabulator machine and software prior to the start of the recount. The Harrison County

tabulating computer is connected to a second computer which is linked to the Secretary of

State's Office in Columbus. The Triad technician handled all ballots during the machine

recount and performed all tabulation functions. The Harrison County Board of Elections

kept voted ballots and unused ballots in a room open to direct public access during

daytime hours when the courthouse is open. The Board had placed voted ballots in

See affidavit of David W. Jones ¶ 12 (Dec. 15, 2004) (on file with House Judiciary

Committee Democratic staff).

Yost v. National Voting Rights Institute, No. C2-04-1139 (S.D. Ohio) (decl. of Lynne

Statement of Green Party County Coordinator, Henry County Recount, available at

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