The 2004 election revisited, part 11–Florida

Revisiting the 2004 election in Florida

Following up previous posts—

The affidavit by computer programmer Clinton Curtis, written about previously, refers to the unexpected death of Raymond C. Lemme. After Curtis left Yang Enterprises (YEI), he went to work for the Florida Department of Transportation. There he found instances of over-billing by Yang Enterprises, a state contractor.

Curtis

Curtis discussed Yang several times with Lemme, an IG investigator for the DOT. Soon afterward, Mr. Lemme was found dead in a motel room in Valdosta, Ga., death reported initially as a suicide. He died July 1, 2003. Lemme was 56, in good health, and had no known ties in Valdosta. Lemme’s supervisor at the Florida DOT, Robert (Bob) Clift, said in telephone interviews that “So far as I know, only Ray Lemme knows what he was doing in Valdosta, Georgia.”

The question remains, what was Lemme doing in Valdosta? July 1 was the Tuesday before the Fourth; was he on vacation? Was he on a work assignment? Calling in response to questions by voice mail, Clift said, “Neither.” Clift added, “As you know from the police reports, his wife and children are in Tallahassee, so he wasn’t on vacation or anything.  And he certainly wasn’t on a work assignment.”  In answer to a further question, he says also, “No, he wasn’t on leave.”

At the time of the interviews, Clift himself supported the hypothesis that Lemme’s death was suicide. He declined to speculate on motives, saying the family had been through enough. Clift said emphatically, however, that the death was not related to Lemme’s job performance, which he called “stellar.”

This assessment is borne out by a house organ of the transportation department. The Aug. 2003, Perspectives on Excellence, a Florida DOT newsletter, features an award won by the Inspector General’s Contract Fraud Investigation Team. Lemme was on the team.

A team photograph is followed by paragraphs of praise:

“The Inspector General’s office executed Florida government’s most successful attack on vendor contract fraud, producing 15 criminal convictions and recovering $1.5 million. This team is responsible for placing 83% of individual and company names on the Department of Management Services’ list of convicted vendors who are no longer eligible to compete for state business.

Governor Bush’s Inspector General recently presented this accomplishment as a best practice, at a national conference of Inspectors General.”

One of the vendors “no longer eligible to compete for state business” was Curtis’s former employer and Rep. Tom Feeney’s former client, Yang Enterprises. Curtis alleges in his affidavit that the vote-tampering software developed at Yang was a project initiated by Feeney. Feeney, who also served in the Florida state house and had been Jeb Bush’s running mate for lieutenant governor in 1994, went on to Congress in 2002.

Feeney

Lemme’s supervisor confirmed that Lemme was part of an award-winning team and reiterates that his work was excellent. “I worked with him probably for about 18 months to two years,” Clift said, and Lemme was “an outstanding performer, one of the most thorough investigators that I’ve ever worked with.”

“Everyone here who worked with him would say the same thing; we would all say that.”

Clift also emphasized that “All of us who worked with him support the conclusions of the Valdosta, Georgia, police,” that the death was a suicide. Calling suspicions about the surprising death “unfortunate,” Clift also repeated emphatically that Lemme’s “assignment had absolutely nothing to do with voting machines.” “It was not anything secret.” The IG unit investigates “employee misconduct and contract frauds as they impact  DOT,” Clift explained, giving as examples employees claiming more time than actually put in, or travel claimed that is not supported, etc. “On the contractor perspective, [we investigate] contractors who billed us for work they did not do.”

Clift clarified emphatically that Lemme’s job was not in jeopardy. Asked whether Lemme had been fired or going to be fired, Clift said, “Absolutely not. I was his supervisor. His job performance was stellar; other people under him and around him looked up to Ray and modeled their performance on his.” It was Clift who nominated the contract fraud investigation team for a job award. Whatever the cause of death, it was not related to Lemme’s job performance.

But in Clift’s opinion, “this voting machine stuff doesn’t square with the cause of death either.” He reiterated that the cloud of suspicion was “unfortunate.” Responding to further questions, Clift said he had read Clinton Curtis’s affidavit. He confirmed that Curtis reported Yang’s over-billing to the Florida DOT. Without going into specifics, he also confirmed what Curtis said. “Every investigation has varying degrees” of accuracy in its leads, Clift said in general terms, with some facts or details more solid than others.  Referring to public record, he also confirmed that Yang Enterprises “doesn’t hold the contract any more.”

 

Clift filed an affidavit with Florida police about Lemme June 30, 2003. Clift told police, in part,

“I arrived at my office this morning at about 6:30 a.m. My message light was blinking. I had a message from Ray which was left at 6:20 a.m. He said “Something’s come up. I’ll be in late. I’ll call you later I knew Ray had a appointment at the FDOT General Counsel’s office at 1:30. I was called about 2:00 by the attorney he was to meet—he didn’t show up. This is very out of character for Ray . . .”

 

Strange timing

The unexpectedness of Lemme’s death, Lemme’s unexplained presence in Valdosta, Ga., and the timing of the death in the context of Florida’s nefarious electoral politics raised questions that were never answered. As written previously, Clinton Curtis’s sworn statement alleges that software company Yang Enterprises had developed a prototype for vote fraud. The project was developed, the affidavit states, at the specific request of Rep. Tom Feeney (R- Fla.).  Before running for Congress Feeney was lobbyist and counsel for Yang. The strangeness of Mr. Lemme’s death, like Curtis’s affidavit, was not considered a news topic by larger corporate media outlets—intensifying suspicions that the death might be foul play, and might be connected to events at Yang. A more normal reaction in the press would at least have reported allegations in the affidavit.

One lengthy account of the matter is given here, with graphic photographs included. Setting aside any hypothetical China connection, from the perspective of several years afterward it still looks as though the crime should have received greater, sober attention than it got.

The 2004 election revisited part 10, Florida

Revisiting the 2004 election, part 10–Florida

Today there are still gaps in federal regulatory authority and oversight of the voting technology industry. Not surprising, when you look at the standard GOP talking point about ‘regulation’ as a ‘job killer’, but it is a bit jarring that even the Federal Election Commission (FEC) had a complete list of all the voting machine manufacturers responsible for counting votes in 2004. The GOP in Congress has sustained an ongoing tactic of refusing to confirm nominees for the FEC (as for other agencies and commissions), leaving it consistently short-handed under the Obama administration.

Not that the election commissioners were exactly unleashed under the GWBush administration.

Cartoon

 

Something to remember, when GOP presidential candidates rail against ‘regulation’:

Diebold, now Premier Election Solutions, and Election Systems and Software (ES&S) made most of the electronic voting machines. The two companies, competitors, were also similar and entertwined. A former president of the company that became ES&S is Bob Urosevich. Bob Urosevich went on to become president of what became Diebold. A former vice president of ES&S, meanwhile, is his brother Todd Urosevich. Predictably, both brothers were significant GOP donors. The political ties between Diebold in particular and George W. Bush, in both 2000 and 2004, have been widely reported.

Imagine what GOPers and the Tea Party would say, if a voting machine manufacturer today had equally close ties to the Obama White House?

 

This is not to imply that problems stemmed only from the largest companies. Far from it.

The most startling and dramatic testimony on Florida’s election problems in 2004 has come from computer programmer Clinton Curtis. Curtis was an employee of Florida company Yang Enterprises, Inc. He left YEI in good standing.

 

Curtis

While at Yang, Curtis had an experience since brought to light in sworn testimony and in a startling affidavit.

In fall 2000, Curtis witnessed Rep. Tom Feeney (R-Fla.), at that time YEI’s company counsel and lobbyist, visit the company with an unusual request. In a meeting with at least half a dozen people participating, “Mr. Feeney said that he wanted to know if YEI could develop a prototype of a voting program that could alter the vote tabulation in an election and be undetectable.”

The request was not a joke. In the conversation, which involved company personnel including Curtis, Feeney “was very specific in the design and specifications required for this program,” Curtis testified. Curtis was directed to create the vote fraud software prototype and did so.

 

Feeney

Feeney, also a Florida state legislator who had run as Gov. Jeb Bush’s running mate for lieutenant governor, ran for Congress in 2002 and won. His 24th district was one of the new Florida House districts drawn after the 2000 census, while Feeney was in the Florida state house.

 

Note: When I was working on this issue after the election in 2004, I called Feeney’s congressional office. Through spokespersons, Feeney declined to comment on the affidavit, saying “We’re not making any statements on the Clinton Curtis affidavit. We haven’t made any statements about it, and we have no plans to make any statement.”

I published an article on the issue–including this flat statement that there would be no comment on the allegations, whatsoever, in future. The column ran in a small local community paper, The Prince George’s Journal. Curtis’s affidavit was not reported at the time in the Washington Post (picking a random example here). For a time, Feeney’s office attempted to pass off the allegations as a joke, Feeney laughing heartily in the occasional interview. However, the “we’re not making any statements” phase soon passed. Subsequently Feeney denied the allegations in response to questions placed by Florida newspapers. Feeney lost his race for reelection to Congress in 2008.

 

What Feeney did not comment on

Given the content of the affidavit, this was one of the more remarkable “no comments” in legislative affairs.

Curtis made his notarized statement on Dec. 6. A registered Republican, he began working for Yang Enterprises (YEI) in 1998. He became lead programmer and had daily meetings with the company CEO. In fall 2000, Curtis sat in on “at least a dozen” meetings about computer projects with Feeney, with Curtis as technology advisor.

 

Yang Enterprises

The affidavit details a chilling sequence in which the vote-altering project was developed, was handed to one of the company managers, and was then delivered elsewhere after an open statement that it was intended to control the vote in South Florida by manipulating margins and percentages in some precincts.

Feeney, the affidavit continues,

“was very specific in the design and specifications required for this program. He detailed, in his own words, that; (a) the program needed to be touch-screen capable, (b) the user should be able to trigger the program without any additional equipment, (c) the programming to accomplish this remain hidden even if the source code was inspected.”

After discussion, the company CEO agreed to try to develop the prototype. The affidavit goes on to describe the vote fraud software prototype developed.

“Hidden on the screen were invisible buttons. A person with knowledge of the locations of those invisible buttons could then use them to alter the votes of any candidate listed.”

Fairly simple, the software was also fairly easy to conceal.

“In an actual application, the user would receive no visible clues to the fraud that had just occurred. Since the vote is applied by race, any single race or multiple races can be altered. The supervisors or any voter would never notice this fraud. Additionally, the procedure could be repeated as many times as was necessary to achieve the desired results. No amount of testing or simulations would expose the fraud as its activation and process is completely invisible to everyone except the person programming the vote fraud routine.”

Vote fraud could be detected by someone looking at the source code.  But the source code would have to be provided.

Curtis’s affidavit goes on to describe other conversations in which Feeney “bragged that he had already implemented ‘exclusion lists’ to reduce the ‘black vote.’

[Update

Speaking of vote suppression tactics, today Florida seniors and others gathered in Tampa to protest legislation designed to reduce the vote. The new law reduces opportunity for early voting, creating an additional burden for seniors and Americans with disabilities who cannot stand in long lines.]

On a separate tactic for influencing the election, Curtis alleges that Feeney “further mentioned that ‘the proper placement of police patrols could further reduce the black vote by as much as 25%’.”

Curtis left YEI soon afterward and took a job in the Florida Department of Transportation. YEI threw a farewell party for him. His farewell card is posted on Brad Blog, which has done a solid job reporting this story. At the Transportation department, he found that YEI, a state contractor, was over-billing. He and another whistleblower were fired, as the affidavit narrates.

Yang Enterprises subsequently lost the contract with the state of Florida, according to Bob Clift, a supervisor in the fraud investigation unit.

 

Meanwhile, in Congress

Rep. Feeney, Jeb Bush’s running mate in the unsuccessful race for governor against Lawton Chiles in 1994, served on the House Judiciary Committee, which held hearings on the 2004 election. Curtis’s testimony was presented fairly early in local hearings convened by Conyers. (In the Judiciary hearings on Capitol Hill that I observed, Feeney did not speak much. He tended mostly to sit, red-faced.) The election hearings went nowhere under the GWBush administration. Massive counter-attacks and a DOJ investigation involving Conyers’ wife, Monica Conyers, continued to take their toll even after the 2008 election.

Feeney also served on the Committee on Science. One of its subcommittees, Environment, Technology, and Standards, shared oversight with the full committee on issues regarding voting standards. Their press person stated that the subcommittee and full committee have both been “very active” on vote issues.

Feeney was also a member of Judiciary subcommittees on Commercial and Administrative Law; the Subcommittee on Crime, Terrorism and Homeland Security; and the Subcommittee on the Constitution.