recounters could have been given the full ballot and been simply instructed not to count the other

races recorded. version the service company employees could have waited to alter the software

program until the official recount began in the presence of the board and qualifying witnesses.

Neither of these scenarios occurred in the present case.

In addition to these provisions imposing duties on the Board of Elections, there are

numerous criminal penalties that can be incurred by those who actually tampered with the

machines. These apply to persons who "tamper or attempt to tamper with ... or otherwise change

or injure in any manner any marking device, automatic tabulating equipment or any

appurtenances or accessories thereof;"405 "destroy any property used in the conduct of elections;

"406 "unlawfully destroy or attempt to destroy the ballots, or permit such ballots or a ballot box or

pollbook used at an election to be destroyed; or destroy [or] falsify;"407 and "willfully and with

fraudulent intent make any mark or alteration on any ballot."408

It is noteworthy that the companies implicated in the misconduct outlined above, Triad

and its affiliates, are the leading suppliers of voting machines involved in the counting of paper

ballots and punch cards in the critical states of Ohio and Florida. Triad is controlled by the

Id. § 3599.27.

Id. § 3599.24.

Id. § 3599.34.

Id. § 3599.33.

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