As many of us know, a month ago Ohio Sec of State Jennifer Brunner filed a lawsuit against Diebold, alleging
breach of contract, breach of warranty, and fraud.
I was interested in reading the actual wording of the filing. I couldn't find it online so I called the Secretary's office and they emailed it to me.
For anyone else interested, I put it up on a web server so others can have a look at it. Here is a link to the PDF:
http://solarbus.org/election/docs/brunner-diebold-counterclaim.pdfIt's very wordy at the beginning, listing all the defendants and explaining why the affected counties are named as defendants. I called back and asked why, and was told that since they were affected they had to be listed, but they are only seeking damages against Diebold.
Some of the highlights:
"The goods and services, including hardware, software, and related services supplied by Diebold...remain noncompliant with Ohio Law."
"Diebold made actual or implied false representations concerning the capabilities and performance of Diebold voting equipment."
"Diebold had knowledge of the falsity of their representations...acted with recklessness or utter disregard for the truthfulness of their representations"
"Diebod intended that SoS... rely on Diebold's false representations to induce them to certify and purchase Diebold voting systems."