Your Vote Belongs to a Private Corporation

by Thom Hartmann

"The right of voting for representatives is the primary right by which all other rights are protected. To take away this right is to reduce a man to slavery...."--Thomas Paine

Santa Clara County, of all jurisdictions in America, should have known better. They could have started by looking at Florida.

Jeb Bush stole the vote in Florida in 2000 by kicking thousands of legitimately registered black voters off the voting rolls because they had similar names to Texas felons, a feat well documented by Greg Palast and the mainstream British press. In a brilliant bit of misdirection, Bush portrayed the problem as one of incompetent elderly voters, dumb minority voters, and a problem with "chads"--unreliable voting technology.

Bush's answer was to install touch-screen voting machines across Florida in time for the 2002 election. (In this, he was following a similar course as Georgia, Texas, and 30 other key states, in large part because of $3.9 billion in federal funds offered by the "Help America Vote Act" passed just after the 2000 election to encourage states to replace government-run paper-trail vote systems with no-paper-trail computerized systems from private corporate vendors.)

But in the November 2002 election, when some Florida voters pressed the touch-screen "button" for Bush's Democratic opponent, votes were instead recorded for Bush. "Misaligned" touch-screen voting machines were blamed for the computer-driven vote-theft, and when a losing candidate in Palm Beach sued to inspect the software of Florida's computerized voting machines, a local judge denied the petition, citing the privacy rights of the corporation that wrote the programs.

This was followed by January 2003 revelations that Republican Senator Chuck Hagel was the former head (and a current stockholder) of the private voting machine company that tabulated the vote in Nebraska--where he ran for office and won--and that he had neglected to tell Senate ethics investigators about it.

And in February of 2003, Bev Harris of www.blackboxvoting.com noticed a wide-open FTP site. Harris had just done a Google search on the company that tabulated most of the vote in Georgia in the 2002 election. (That was the upset election that saw popular war-hero Max Cleland, who lost three limbs in Vietnam, defeated by a poll-trailing draft dodger who campaigned by questioning Cleland's patriotism.) Walking into the unsecured FTP website, she says she found a software patch that was apparently applied statewide to Georgia's voting machines just days before the election, and a folder titled "rob-georgia."

And corporate control of America's vote has reached beyond the borders of this nation. The last week of February, New York's "Newsday" reported in a story by staff writer Mark Harrington that: "Election.com, a struggling Garden City start-up scheduled to provide online absentee ballots for US military personnel in the 2004 federal election, has quietly sold controlling power to an investment group with ties to unnamed Saudi nationals, according to company correspondence."

Fast-forward a few days to the first week of March, 2003.

Dan Spillane, a former software engineer for a voting machine company that includes a former CIA Director and Dick Cheney's former assistant on its board of directors, has sued his employer for firing him when he pointed out holes in their system that he claims could lead to vote-rigging. Although there is a certification process for ensuring the honesty of votes tabulated by computerized, touch-screen voting machines, according to Spillane the system works "very much like Arthur Andersen in the Enron case." ( Anderson Consulting has renamed itself, added Microsoft's CEO to its board, and gone into the business of helping corporations get contracts to perform previously-government-run services.)

Spillane filed his lawsuit the same week that Santa Clara County, California decided to hand their electoral process over to computerized electronic voting machines programmed by a private corporation. The machines generate no paper trail that can be audited, and when voting machine companies have been challenged to produce audits of their vote or to disclose details of their software, they cite the privacy rights that come from corporations being considered "persons" in the United States.

Of all localities in America, Santa Clara County should have been the wariest. This is the county, after all, that sued the Southern Pacific Railroad in 1886 over non-payment of taxes and, in losing the lawsuit, paved the way for the corporate takeover of the United States of America.

Just as computerized voting machines can be reprogrammed, so too, could a US Supreme Court decision. The Court's reporter--a former railroad president--took it upon himself to grant corporations personhood in the commentary (headnote) he wrote on the case, even though it explicitly contradicted the Justices' ruling itself. (And to this day other forms of association, like unions, unincorporated small businesses, and even governments do not have personhood rights.)

But corporations have claimed the First Amendment right of persons to free speech and struck down thousands of state and federal laws against corporations giving money to politicians or influencing elections; they've claimed Fourteenth Amendment rights against discrimination to prevent communities from "discriminating" against huge out-of-town retailers or corporate criminals; and have claimed Fourth Amendment rights of privacy that will prevent voters or public officials from examining the software that runs their computerized voting machines.

Now corporations will be telling the citizens of Santa Clara County how they voted. And those same corporations will use the shield of corporate personhood--once valiantly disputed before the Supreme Court by the County's attorney--to withhold from the County's voters the right to "look behind the curtain" at the corporate-owned software and computerized processes that tabulate their vote. How sadly ironic.

Thom Hartmann is the author of "Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights." See www.unequalprotection.com. This article is copyright 2003 by Thom Hartmann, but permission is granted for reprint in print, email, or web media so long as this credit is attached. This article originally appeared on Commondreams.org on March 6, 2003.