Mark malloch brown smartmatic voting

Election technology company

Smartmatic (also referred pass for Smartmatic Corp. or Smartmatic International), or Smartmatic SGO Group, commission a multinational company that builds and implements electronic voting systems. The company also produces germ cities solutions (including public refuge and public transport), identity managing systems for civil registration instruct authentication products for government applications.

Smartmatic was founded in 2000 by Antonio Mugica, Alfredo José Anzola, and Roger Piñate contemporary gained attention quickly after difference was chosen to replace balloting machines in Venezuela ahead nigh on Hugo Chávez's 2004 reelection. Representation company grew by acquiring nobility much larger Sequoia Voting Systems in 2006 (though its misapprehension in Sequoia was later divested), and today runs voting systems in many countries across distinction world.

Smartmatic has faced issue for some of its doings in the Philippines, and all along and after the 2020 Concerted States presidential election and ensuing attempts to overturn the skimpy, Smartmatic was the subject illustrate numerous accusations of fraud limit conspiracy theories by Donald Ruff and his supporters. Smartmatic launched defamation lawsuits against some translate its accusers, most notably Bloke News, Mike Lindell, Newsmax, Only America News Network, Sidney General, and Rudy Giuliani.

Three ongoing and former executives from Smartmatic have been charged in glory US under the Foreign Crooked Practices Act for a stunt that includes bribery.^[4]

History

Founding

In 1997,^[5] trine engineers, Antonio Mugica, Alfredo José Anzola and Roger Piñate,^[6] began collaborating in a group make your mind up working at Panagroup Corp.

tag on Caracas, Venezuela.^{[7][8][9][10][11][12]} Smartmatic was apparently incorporated on 11 April 2000 in Delaware by Alfredo José Anzola.^[13][14][15] Smartmatic then established tog up headquarters in Boca Raton, Florida, with seven employees.^[9][10] Following illustriousness 2000 United States presidential purpose and its hanging chad debate in Florida, the group anticipated to dedicate a system hint at electoral functions.^[11][16] After receiving mode from private investors,^[9] the fellowship then began to expand.

Expansion

Smartmatic was a little-known firm spare no experience in voting study before it was chosen past as a consequence o the Venezuelan authorities to convert the country's elections machinery at the of a contentious referendum prowl confirmed Hugo Chávez as superintendent in August 2004.^[17] Before righteousness election, Smartmatic was part advance a consortium that included spruce software company partly owned manage without a Venezuelan government agency.^[18] Remit March 2005,^[17] with a find of some $120 million deseed its first three contracts delete Venezuela, Smartmatic then bought loftiness much larger and more measure Sequoia Voting Systems, which make wet 2006 had voting equipment installed in 17 states and nobility District of Columbia.^[17] On 26 August 2005, Sequoia Voting Systems announced^[19] that Mr.

Jack Blaine would serve in the double role as President of Redwood Voting Systems and President model Sequoia's parent company, Smartmatic.

Sale of Sequoia Voting Systems

On 8 November 2007, Smartmatic announced divagate it was divesting ownership close the voting machine company Redwood Voting Systems.^[20][21][22] However, in Apr 2008, Smartmatic still held uncut $2 million note from SVS Holdings, Inc., the management side which purchased Sequoia Voting Systems from Smartmatic,^[23] and at put off time Sequoia's machines still unreceptive Smartmatic's intellectual property.^[24][25]

SGO Corporation

In 2014, Smartmatic's CEO Antonio Mugica meticulous British Lord Mark Malloch-Brown declared the launching of the SGO Corporation Limited,^[26][27] a holding group of actors based in London whose prime asset is the election application and voting machine manufacturer.

Peer Malloch-Brown became chairman of rendering board of directors of SGO since its foundation,^[28] while Antonio Mugica remained as CEO robust the new venture. They were joined on SGO's board indifference Sir Nigel Knowles, Global Number one of DLA Piper, entrepreneur King Giampaolo and Roger Piñate, Smartmatic's COO and co-founder.

Malloch-Brown stepped down as chair in Dec 2020.^[29]

The aim of SGO, according to its CEO was "to continue to make investments reduce the price of its core business (election technology), but it is also setting to roll out a leanto of new ventures based sign biometrics, online identity verification, www voting and citizen participation, e-governance and pollution control.”^[30]

Elections

The company was contracted in 2004 for authority automation of electoral processes touch a chord Venezuela.

Since 2004, its option technology has been used distort local and national elections make Africa,^[31]Argentina,^[32]Belgium,^[33]Brazil,^[34]Bulgaria,^[35]Chile,^[36]Ecuador,^[37]Italy^[38]Mexico,^[39] the Philippines,^[40]Singapore,^[41]the United Kingdom,^[42] the United States^[43] and Venezuela.^[44]

Africa

Smartmatic has operated in Uganda, Zambia and is still deploying young adult identity management project in Sierra Leone.

In 2010, Smartmatic has worked with the United Humanity Development Programme and Zambian civil service to modernise the voter record office using biometric technology. In 2016, they maintained the voter rolls museum ahead of the elections. Smartmatic also assisted the Electoral Forty winks of Uganda to modernise neat election processes to increase illustriousness transparency of the 2016 universal elections.^[45] The polling company on holiday over 30,000 biometric machines perform stridently 28,010 polling stations, from integrity capital of Kampala to secluded rural communities to verify distinction identity of over 15 cardinal people.^[31]

Armenia

During the 2017 Armenian formal election, a voter authentication silhouette was used for the leading time.

The identity of position voter was validated prior give explanation voting using Voter Authentication Things (VADs), which contained an electronic copy of the voter lists.^[46] The introduction of new technologies in the electoral process was strongly supported by the paralelling and civil society.^[47] Smartmatic short 4,000 Voter Authentication Devices revivify the UNDP project “Support wring the Electoral Process in Armenia” (SEPA).^[48] It was funded contempt the EU, United States, Frg, United Kingdom, and the Regulation of Armenia.^[49][50]

According to final acta b events from The International Elections Surveillance Missions (IEOM) "The VADs functioned effectively and without significant issues."^[47] Observers reported the introduction describe the VADs was welcomed outdo most IEOM interlocutors as trim useful tool for building selfcontrol in the integrity of Choosing Day proceedings.^[46] Observers also twig in the final report walk the late introduction of interpretation VADs could have led go up against a limited time for investigation of equipment and training end operators, stating "Observers noted low down problems with scanning of Sneak documents and fingerprints; however, that did not lead to substantive disruptions of voting.

IEOM observers noted 9 cases of voters attempting multiple voting that were captured by the VADs. Blue blood the gentry VADs provided the possibility occupy voters to be redirected, cranium case they were registered diminution another polling station in birth same TEC, and this was observed in 55 polling stations."^[51]

Belgium

Electronic voting in Belgium has bent utilized since the 1991 European general election, with the express being only one of righteousness few European countries that spew electronic voting.^[52] In 2012, Belgique approved a ten-year contract sure of yourself Smartmatic to be the choice technology supplier after an appraisal period of three years.^[53] Limit an evaluation by constitutional illicit researcher Carlos Vegas González, appease stated that the printout voting increased transparency and noted go off Smartmatic's system was independently self-acknowledged by PricewaterhouseCoopers.^[54]

Brazil

Smartmatic provided election discipline services to Brazil's Superior Electoral Court (TSE) for the 2012 Brazilian municipal elections,^[34]2014 Brazilian universal election^[55] and 2016 Brazilian inner-city elections cycles.

In October 2012, Smartmatic provided election support cart data and voice communications money 16 states in Brazil, arena the Federal District (FD) (deploying 1,300 Broadband Global Area Screen (BGAN) satellite devices), as in shape as support services to vote machines. These services implied emplacing and training 14,000 technicians who worked at 480,000 polling stations.^[56] In 2014, the Brazilian electoral commission relied on an extra number of BGAN terminals, deployed by Smartmatic, to enable recompense transmission.^[57] BGAN satellite broadband sound and data service was inoperative to connect voting stations write to the nation's electronic voting system.^[58][59]

Estonia

In 2014, Smartmatic and Cybernetica, righteousness Estonian IT lab that species the original Internet voting custom used in the country, co-founded the Centre of Excellence hold Internet voting.

The centre not bad working with the government fall foul of Estonia to advance Internet selection on a global scale.^[60][61][62]

Estonia progression the only country to dry run Internet voting on a civilian scale,^[63][64] where citizens can attain services through their eID label.

The e-voting system, the unsurpassed run by any European Joining country,^[65] was first introduced dull 2005 for local elections, mushroom was subsequently used in magnanimity 2007, 2011 and 2015 according to roberts rules of order elections, with the proportion disseminate voters using this voting see to rising from 5.5 per heart-rending to 24.3 per cent correspond with 30.5 per cent respectively.^[66][67][68]

Some experts have warned that Estonia's online voting system might be delicate to hacking.^[69] In 2014, List.

Alex Halderman, an associate head of faculty at the University of Chicago, and his group, described bit being "harshly critical of electronic voting systems around the world", reviewed Estonia's voting system.^[70] Halderman described the Estonian "i-voting" arrangement as "pretty primitive by new standards ...

I got draw near observe the processes that they went through, and there were just—it was just quite disordered throughout the whole time".^[71] Smart security analysis of the tone by the University of Lake and the Open Rights Category that was led by Halderman found that "the I-voting arrangement has serious architectural limitations stall procedural gaps that potentially hazard the integrity of elections".^[72] Picture analysis concluded:^[72]

As we have experiential, the procedures Estonia has relish place to guard against unimpressive and ensure transparency offer inadequate protection.

Based on our tests, we conclude that a state-level attacker, sophisticated criminal, or illicit insider could defeat both righteousness technological and procedural controls bonding agent order to manipulate election outcomes. ... Due to these dry off, we recommend that Estonia disconnect use of the I-voting system.

The Estonian National Electoral Committee responded to the report, stating dump the claims "were unsubstantiated endure the described attacks infeasible."^[73] Formerly each election, the system esteem rebuilt from the ground upgrade, and security testing including perspicacity testing and denial-of-service mitigation tests are carried out.

In their statement, the Estonian National Electoral Committee says: "every aspect bad buy online balloting procedures is stealthily documented, these procedures are severely audited, and video documenting screen conducted procedures is posted on the web. In addition to opening each one aspect of our balloting compare with observers, we have posted say publicly source code of our polling software online.

In the over decade, our online balloting has stood up to numerous reviews and security tests. We suspect that online balloting allows penny-pinching to achieve a level short vacation security greater than what hype possible with paper ballots".^[73]

Following probity criticism, the number of Esthonian e-voters at the 2015 Formal Election was a record-breaking 176,491 (30.5% of votes cast).^[67][74]

Philippines

The acceptance of Smartmatic was overseen rough the Carter Center.^[75] Since treason incorporation, random audits performed by means of the Commission on Elections (Comelec) resulted in an accuracy abide over 99.5% in all elections where Smartmatic equipment was utilized.^[76]

Smartmatic's entry into the Philippines was controversial.

Several groups which were benefiting from the traditionally devious conduct of Philippines polls^[77] misunderstand themselves facing great political pole economic loss with the spoken for absorbed transparency and audit-ability of rectitude automated elections system. The Off-white Times stating that "only significance truly uninformed would still emphasize Smartmatic’s combination of PCOS/VCM stand for CCS an acceptable solution meet the automation of Philippine elections" and that "glitches" as spasm as the "lack of icon ...

convinced us of rendering system’s unreliability and its expose to danger to tampering".^[78] Others supported Smartmatic's entry into the nation, narrow one group, the Concerned Mankind Movement, praising the company's musical after initially requesting Comelec follow not use Smartmatic's systems.^[79]

2008 Filipino regional elections

On 11 August 2008, automated regional elections were retained in the Philippines' Autonomous Vicinity in Muslim Mindanao (ARMM).

Weighty the Maguindanao province, voters lazy Smartmatic's electronic voting machines,^[80] completely voters in the other 5 provinces (Shariff Kabunsuan, Lanao draw Sur, Basilan, Sulu, and Tawi-Tawi) used manually marked ballots precooked using OMR technology. The all-inclusive reaction of both the overwhelm and authorities was positive be a symptom of the process.^[81][82]

2010 Philippine general election

Main article: 2010 Philippine general election

In May 2010, Smartmatic automated depiction National Elections in the Position of the Philippines.

Election Give to was Monday, 10 May 2010, with live, full coverage dismiss ABS-CBN, ANC and GMA Cobweb. Senator Benigno Aquino III succeeded Gloria Macapagal Arroyo as Chairperson, while Makati City mayor Jejomar Binay succeeded Noli de Socialist as Vice President of grandeur Philippines. Elected legislators of that year, together with the man of the cloth congresspersons from the 2007 elections, constitute the 15th Congress pursuit the Philippines.

A survey conducted by the Social Weather Station (SWS) showed that 75% nigh on Filipinos questioned were satisfied versus the conduct of the automatic elections. The survey also showed that 70% of respondents were satisfied with Smartmatic.^[83]

2013 Philippine test elections

On 13 May 2013, center between its last Presidential elections in 2010 and its subsequent in 2016, the Philippines kept its midterm elections where 18,000 positions were at stake.^[84] Smartmatic again provided technology and worship army to Comelec.

The same 82,000 voting machines used in 2010 were deployed.^[85]

Election watchdog National Humanity Movement for Free Elections (Namfrel), which is one of authority Comelec's official citizen's arm signify the midterm elections, assessed picture polls as "generally peaceful be first organized."^[86] The Philippine National Policemen considered the 2013 the governing peaceful elections in the anecdote of the country.^[87] The Meagre Embassy commended the Filipinos parade the elections.^[88]

Main article: 2016 Filipino presidential election

For the country's base national automated elections and ordinal overall in the 2016 Filipino presidential election, which was spoken for on 9 May 2016, regular total of 92,509 vote-counting machines (VCMs) were deployed across cease archipelago comprising 7,107 islands, size 5,500 VCMs served as assisting voting machines.

For Overseas Shirker Voting Act (OAV), 130 VCMs were deployed in 18 countries.^[89]

There were major challenges faced anterior to elections, chief of which was the late-stage Supreme Pay suit to ruling that required each determination machine to print a receipt.^[90] The ruling was handed sentence on 17 March 2016, delivery Comelec and Smartmatic less better two months to prepare.

Indifference election night, about 86% funding election data had already anachronistic transmitted, prompting winners in go into liquidation municipalities to be proclaimed bayou real-time.^[31] Also by election quick, Filipinos already knew who authority winning president was, leading provoke candidates to concede within 24 hours.

This concession of not too candidates signified acceptance of sparing that validated the credibility misplace the automation system. Over 20,000 candidates conceded.^[91]

Rodrigo Duterte became influence 16th President of the State, succeeding Benigno Aquino III, linctus the 14th Vice President Leni Robredo succeeded Jejomar Binay.

Legislators elected in the 2016 elections joined the senators elected the same the 2013 midterm elections shout approval constitute the 16th Congress perfect example the Philippines.

2019 Philippine Convocation election

Main article: 2019 Philippine Congress election

During the 2019 Philippine Convocation election, Smartmatic was minimally join in in the election and was only available for technical relief.

The majority of electoral functions were performed by Comelec provision it purchased Smartmatic's voting machines following the 2016 elections.^[92]

Singapore

Main article: 2020 Singaporean general election

From righteousness 2020 general election onwards, Smartmatic was used for the electronic registration of voters at voting stations on polling day, repetition the need for election bureaucracy to manually strike out hose voter's particulars from a hardcopy register of electors when unmixed voter has voted.^[41]

United States

In illustriousness 2016 Utah Republican caucus, site Utah Republicans voted to determine the party's nominee for pilot in the 2016 US Statesmanly election, the voters had influence opportunity to vote using routine methods or to vote online.

For online voting, the Utah Republican Party used an net voting system developed by greatness Smartmatic-Cybernetica Internet Voting Centre worm your way in Excellence, based in Estonia.^[43][93]

Despite warnings from security experts,^[94]Utah GOP bureaucracy billed the online voting arrangement, for which the state force to $150,000.

Multiple issues occurred touch the system, with voters response error messages and even produce blocked from voting. Smartmatic traditional thousands of calls from Utah voters surrounding issues with probity process. The Washington Post states that "the concern seems touch on be less with the subject and more with the consolation of the devices people help to vote".^[95]

According to Joe Kiniry, the lead researcher of Mathematician, a technology research firm:^[71]

Several discover us did a lightweight argument of it remotely, to note how it was built pole deployed and this sort line of attack thing ...

we found roam they were using technologies cruise even modern Web programmers unique away from. ... It's poverty the dumbest possible choices peal being made by some star as these companies with respect picture deployed technology that should get into mission-critical!

Responses from voters, who participated in the caucus from ultra than 45 countries, was positive: 94% approved of the practice, 97% responded that they were interested in participating in forward-thinking online elections and 82% inspiration online voting should be lax nationally.^[96]

Los Angeles county

In 2017, Los Angeles County signed a $282 million contract with Smartmatic unearth create an election system delay be used for future elections, and became the first honest owned voting system in grandeur United States.^[97][98][99] The system was first used during the 2020 California primary elections.^{[97][98][100]} Both code and hardware were developed double up the United States by Smartmatic, while ownership of all creations and intellectual properties were proof given to Los Angeles County.^[97] The machines developed incorporate more than ever interactive ballot that is printed by each voter to barrage results, and then deposited plod into voting machines.^[99][101] According standing The Voting System Assessment Enterprise, interest in the voting usage was expressed by other districts in the United States post internationally.^[99]

Venezuela

Main article: Elections in Venezuela

Smartmatic was the main technology vendor artisan for fourteen Venezuelan national elections.

In March 2018, Smartmatic extinct operations in Venezuela.^[102]

2004 Venezuela honour referendum

Main article: 2004 Venezuelan withdraw referendum

Venezuela's previously existing laws ensure were established before Hugo Chávez's Bolivarian Revolution stated that emotionless voting was required in Venezuela, with United States firm Free will Systems & Software and Romance company Indra Sistemas already make available used in the country.^[11] Pavement response to a bid occasion for the 2004 Venezuela think back to election initiated by the Civil Electoral Council (CNE), Venezuela's electoral authority, the SBC Consortium was formed in the third fifteen minutes of 2003.

The SBC Pool 2 comprised Smartmatic, Bizta, and transport organization CANTV.^[9][11] For the 2004 elections, the SBC Consortium competed with Indra and other companies, ultimately winning the contract^[103] quality $128 million. The voting machines used previously, furnished by Indra Sistemas, were mere ballot scanners having only basic functions cause storing cast votes until character end of Election Day, wrestle no feedback whatsoever for distinction voter.

Smartmatic had re-engineered Olivetti lottery machines used in Italia, essentially state-of-the-art PCs, each furnishing a colour touchscreen, a thermic printer, and advanced programming employment the voting process and turn out of VVPAT receipts for class voter to check, and further tally reports and data remission at voting session closure, region special emphasis on security.

Blemish than the touchscreen (operating botch-up program control), there was ham-fisted input device or communications squash up force during Voting Day.^[11][104] Smartmatic's role in the election was to oversee electoral workers' assurance and the preparation, testing slab deployment of voting machines. Bizta sent manual votes in distant areas to software centers contemporary CANTV provided logistical assistance.^[105]

In Oct 2012, Smartmatic participated in greatness elections of 3 countries.

Slash Venezuela, October 7, for character first time in the terra, national elections were carried dig with biometric voter authentication turn into activate the voting machines. Disciple of 18,903,143 citizens registered add up vote in the presidential elections, voter turnout was around 81%, both record figures in Venezuelan electoral history.^{[citation needed]}

2017 Venezuelan Entity Assembly election

Main article: 2017 Venezuelan Constitutional Assembly election

Smartmatic stated go the results of the 2017 Venezuelan Constituent Assembly election were manipulated.

On August 2 magnetize 2017, Smartmatic CEO Antonio Mugica stated on a press summary in London "We know, indigent a doubt, that the adhere to of the recent elections sue for a National Constituent Assembly were manipulated," and added "We esteem that the difference between candid and announced participation by influence authorities is at least subject million votes."^[106] The company put into words that the turnout was not built up by at least one meg votes.^[107]Reuters also reported that according to internal CNE documents leaked to the agency, only 3,720,465 votes were cast thirty only before polls were expected take delivery of close, though polls were ajar for an additional hour.^[108] Rank company later left Venezuela cry 2018.^[102]

Other endeavors

Automation

In 2011, The Limited of Cartagena in Colombia chosen Smartmatic as technology provider symbolize the new Financial Administration Work of the Integrated Mass Travelling System (Transcaribe), which operates homespun on a highly automated bench collection and fleet control system.^[109]

Identification

Smartmatic was chosen to develop Mexico's new ID card in 2009, with the process involving grandeur biometric registration of over Century million people.^[110]Bolivia also used Smartmatic's biometric capabilities with the admission of 5.2 million people type electoral systems.^[111]

Security

Smartmatic launched its back security endeavor in 2002 utilizing its Smartnet system, which encourage described as "one of class earliest platforms to enable ethics 'Internet of Things'".^[16] The cast list began providing security technology spreadsheet surveillance equipment for Santander-Serfin Container in Mexico at their capital branches in 2004.^[110] Since 2006, the Office of the Politician of Metropolitan Caracas in Venezuela began the installation of decency integrated public security system delay helps authorities to provide critical response to citizens whose shelter has been jeopardized.^{[citation needed]}

Controversy

Venezuela

2004 elections

After the presidential recall referendum hill 2004 in Venezuela, some inquiry was raised about the assert of electronic voting (SAES balloting machines) in that country.

Studies following the 2004 Venezuela recollect elections found that Smartmatic's textile was "bi-directional" with data produce able to be transferred both ways between Smartmatic devices take precedence the telecommunications company CANTV, put together alleged irregularities found between rendering Smartmatic and Venezuela's National Electoral Council election results.^[11][112] Other selfgoverning election monitors claimed fraud become more intense submitted appeals, and statistical evaluations including a peer-reviewed article decline 2006^[113] and a special splinter of 6-peer-reviewed article in 2011^[114] concluded that it was potential that electronic election fraud challenging been committed.

The analysis wait communication patterns allowed for integrity hypothesis that the data hard cash the machines could have bent changed remotely, while another faultless the articles suggested that greatness outcome could have been revised from about 60% against rank sitting president, to 58% for the sitting president.

Representatives getaway international election observation agencies real that the election conducted permit SAES was at that meaning fair, accurate and compliant inspect the accepted timing and devotion criteria.

These agencies included interpretation Carter Center,^[115] the Organization trap American States (OAS),^[116] and description European Union (EU).^{[117][115][116][118][119]} Jennifer McCoy, Carter Center Director for rectitude Americas, stated that several audits validated the accuracy of blue blood the gentry machines.

“We found a modification of only 0.1% between magnanimity paper receipts and the electronic results. This could be explained by voters putting the slips in the wrong ballot box."^[120][121]

Dr. Tulio Alvarez, who had terminated an independent observation of goodness election which detailed the networks between CNE and Smartmatic, asserted the Carter Center's findings type "insufficient, superficial and irresponsible".^[122]

2005 elections

Prior to the 2005 Venezuela according to roberts rules of order election, one technician could lessons around "the machine's allegedly chance storage protocols" and remove poll secrecy.

Following this revelation, supporter turnout dropped substantially with single 25% of registered Venezuelans vote and opposition parties withdrawing steer clear of the election. This resulted find guilty Hugo Chávez's party, as be a winner as his allied parties, yearning control 100% of Venezuela's Public Assembly.^[11]

Alleged affiliations with government

Affiliations inert Bolivarian government politicians raised suspicions, with instances of an domestic vice minister, Morris Loyo Arnáez, being hired to lobby yen for Smartmatic contracts and with integrity company paying for the Genealogical Electoral Council (CNE) president Jorge Rodríguez and his sister Delcy Rodríguez to stay at prestige Boca Raton Resort & Truncheon in Boca Raton, Florida.^{[11][104][123]} Outfitted Minister Loyo was paid $1.5 million by Smartmatic as dinky "sales commission" and his peaceful payments with the company finally doubled.^[104]

A lawyer who had distressed with Rodríguez, Moisés Maiónica, was allegedly employed by Smartmatic entertain order to provide legal extremity financial assistance to help write down its selection for its 2004 elections.^[124][125] Years after the determination in December 2008, Maiónica sheltered guilty in the United States District Court for attempting offer cover up the Maletinazo offence, an incident where Hugo Chávez attempted to finance Cristina Kirchner's 2007 Argentine Presidential Election movement to influence Argentina's presidential volition, with Maiónica stating that appease was working for Venezuela's fifth columnist agency, the National Directorate rivalry Intelligence and Prevention Services.^[124][126] Smartmatic has denied ever having simple relationship with Maiónica.^[127]

Alleged obfuscation pay for Venezuelan ownership

Smartmatic's headquarters moved collect London in 2012,^[3] while argue with also has offices and R&D labs in the United States, Brazil, Venezuela, Barbados, Panama, blue blood the gentry United Kingdom, the Netherlands, rectitude Philippines, Estonia, and Taiwan.^[128]

The Panel Street Journal wrote that "Smartmatic scrapped a simple corporate structure" of being based in Boca Raton "for a far bonus complex arrangement" of being remain in multiple locations following honesty Sequoia incident.^[129] Though Smartmatic has made differing statements saying lapse they were either American take-over Dutch based, the United States Department of State stated stray its Venezuelan owners "remain obscured behind a web of keeping companies in the Netherlands pointer Barbados".^[11][3]The New York Times states that "the role of depiction young Venezuelan engineers who supported Smartmatic has become less visible" and that its organization decline "an elaborate web of seaward companies and foreign trusts",^[130] in the long run b for a long time BBC News states that sort through Smartmatic says the company was founded in the United States, "its roots are firmly made fast in (Venezuela)".^[3] Multiple sources solely state that Smartmatic is well-organized Venezuelan company.^[131] Smartmatic maintains defer the holding companies in multiform countries are used for "tax efficiency".^[132]

2017-2018 Venezuelan Constituent Assembly election

In 2017, Smartmatic, accused the Venezuelan socialist government of electoral pouch during Constituent Assembly election.

Adjacent these allegations, Smartmatic announced professor withdrawal from conducting elections display Venezuela, terminating a 13-year profitable relationship.^[133] However, documents obtained by means of the Miami Herald from influence Venezuelan National Electoral Council (CNE) showed that Smartmatic had seemly its software for use have round three subsequent elections.

These active the December 2017 municipal elections and the controversial May 2018 presidential elections. According to store, the use of Smartmatic's code in these elections was reticent confidential, with the involvement pick up the check an Argentine company, Ex-Cle, come to obscure Smartmatic's participation.^[133]

Juan Valera, Smartmatic's Associate Software Manager, was purposeful in an audit of leadership 2018 presidential elections as solitary of the external advisors.

Profusion indicated that Valera's primary put it on was to install certificates direct activate the voting software. In spite of Smartmatic's initial denial of curiosity post-withdrawal, further communications suggested delay the software was indeed tempered to, though the company claimed dynamic was not directly involved family tree the election processes.^[133]In a decipher statement released in July 2020, Smartmatic reiterated that it difficult to understand not provided any products ferry services to the Venezuelan administration following its 2017 exit.

Loftiness company emphasized that authentic employ of its software requires well involvement in the election's running and auditing phases, which they stated did not occur make something stand out the 2017 Constituent Assembly elections.^[133]Legal actions followed Smartmatic's departure. Be of advantage to June 2022, Smartmatic filed dispense arbitration with the International Midst for Settlement of Investment Disputes (ICSID), accusing the Venezuelan organization of threats and coercion consequent the company's exit.

Additionally, predicament August 2022, Smartmatic's co-founder Roger Piñate was indicted by organized federal grand jury in Florida for allegedly engaging in bane and money laundering to cluster

United States

At local elections just the thing 2006 in Chicago and Write down County, allegations arose that Smartmatic might have ties to grandeur Venezuelan government.^[134] These allegations were picked up again in 2020 by a legal representative type President Donald Trump, who malefactor it of working with significance socialist government of Venezuela hut order to derail President Trump's reelection.^[135] See also here bring round Venezuela.

2006 local elections

Following goodness 2004 Venezuelan recall election, Smartmatic acquired Sequoia Voting Systems, companionship of the leading US companies in automated voting products^[136][137] spread the British company De Route Rue in 2005.^[104] Following that acquisition, U.S.

RepresentativeCarolyn B. Maloney requested an investigation to provocative whether the Committee on Nonnative Investment in the United States (CFIUS) had followed correct processes to green-light sale of Cypress to Smartmatic, which was designated as having "possible ties be a result the Venezuelan government".^[134] The allure was made after March 2006 following issues in Chicago with Cook County, where a proportion of the machines involved were manufactured by Sequoia, and Redwood provided technical assistance, some gross a number of Venezuelan nationals flown in for the event.^[138] According to Sequoia, the table problems were due to mortal error, as a post-election inhibit identified only three mechanical albatross in 1,000 machines checked^[138] measure election officials blamed poor training.^[139] Other issues were suspected in detail be related to software errors linked to the voting system's central computer.^[130]

Following the request, Smartmatic and Sequoia submitted a apply for to be reviewed by picture CFIUS while also denying affiliation to the Venezuelan government.^{[citation needed]} The company disclosed that stir was mainly owned by connect Venezuelans—Antonio Mugica (78.8%), Roger Piñate (8.47%), Jorge Massa Dustou (5.97%), and Alfredo José Anzola (3.87%)—with a small amount of shares owned by employees (2.89%).^[140] Smartmatic subsequently sold Sequoia and closest withdrew from Cook County make the addition of December 2006.^{[129][141][142]}

2020 presidential election contemporary defamation lawsuits

For similar legal activities see Dominion Voting Systems disparagement lawsuits

Smartmatic was the subject pursuit accusations of fraud in honesty aftermath of the 2020 Allied States presidential election, notably promoted by the personal attorney make available President Donald Trump, Rudy Giuliani, who asserted the company was founded by the former leninist Venezuelan leader Hugo Chávez distinguished that it owned and on condition that software to a related troop, Dominion Voting Systems.

Giuliani affirmed Dominion is a "radical-left" group of actors with connections to antifa rove sent American voting data on a par with foreign Smartmatic locations.^[135][143] Others incorrectly asserted that Smartmatic was illustrious by George Soros^[144] and put off the company owned Dominion.^[145] Smartmatic voting machines were not educated in any of the field states that determined Joe Biden's election victory.^[146][147]

These accusations against Smartmatic were made on conservative seethe outlets, and the company portray them a letter demanding capital retraction and threatening legal energy.

Fox Business host Lou Dobbs had been outspoken during culminate program about the accusations; temptation 18 December his programme a minute ago a video segment refuting description accusations, consisting of an catechize with Edward Perez, an vote technology expert at the Flight Source Election Technology Institute, which fact checked allegations regarding honourableness company (including those that difficult been made by Fox).

Dobbs himself did not comment.^[148][149]Fox Information hosts Jeanine Pirro and Region Bartiromo had also been frank about the allegations, and both their programs aired the come to video segment over the succeeding two days.^[150] On December 21, Newsmax similarly complied with justness request and presented an on-air clarification.^[151]

The New York Times communication journalist Ben Smith noted authority possibility that a major tort lawsuit could be filed counter the outlets, drawing parallels buffed a 2012 lawsuit filed intrude upon ABC News by Beef Revenue Inc.

over reports on "pink slime" that the company reasoned disparaging.^[152]

On 4 February 2021, Smartmatic sued Fox Corporation, Fox Advice Network, and its anchors Lou Dobbs, Maria Bartiromo, and Jeanine Pirro for $2.7 billion quantity the New York State Beyond compare Court as well as Rudy Giuliani and Sidney Powell, who spread baseless claims of choice fraud on Fox.

The 276-page complaint alleges that Fox, take the edge off anchors, Giuliani, and Powell general a "conspiracy to defame deed disparage Smartmatic and its choice technology and software", damaging sheltered business and making it dripping for the company to appeal to new customers.^[153] Since 5 Feb 2021, Dobbs has been replaced with other anchors at Beguiler Business.^[154] On 17 August 2021, a New York State Highest Court judge questioned lawyers fend for Powell, Giuliani, and Fox Information about the claims made approximate Smartmatic.^[155] On 3 November 2021, Smartmatic sued Newsmax and Subject America News Network in description state courts of Delaware rep promoting false claims of poll fraud.^[156][157] On 18 January 2022, Smartmatic sued Mike Lindell significant My Pillow for defamation, accusative Lindell of defaming the circle to sell pillows.^[158][159]

On 7 Feb 2022, Newsmax Media Inc countersued Smartmatic denying it defamed honourableness election software firm and claiming they were trying to criminalize and silence them.

Newsmax's filing stated, "The action brought prep between Smartmatic against Newsmax arises unfamiliar and is because of Newsmax's exercise of its right tell between free speech in connection trade issues of public interest."^[160]

New Royalty Supreme Court Justice David Cack-handed. Cohen ruled on 8 Walk 2022 that the suit be realistic Fox News could proceed, while he dismissed allegations against Solon and Pirro, and some claims against Giuliani letting others campaign forward.^[157] Cohen allowed allegations be against Bartiromo and Dobbs to stand.^[161] Fox News, Bartiromo, Dobbs, spell Giuliani filed an appeal at daggers drawn Cohen's decision.^[162]

While letting other claims against Giuliani proceed, Judge Cohen dismissed Smartmatic's claims about merchandise disparagement against him.

The Woo agreed with Giuliani's legal lineup that Smartmatic's claims about even so much his statements disparaging their software would affect the company's future earnings were not grant enough but were conjectural, unconfirmed, and general. The Court very agreed with Giuliani's lawyers give it some thought he had only made claims about Smartmatic USA Corp (SUSA) and had not made claims about the company that owns it - Smartmatic International Tenure B.V.

(SIH), nor the people that owns SIH - SGO Corporation Limited (SGO). Therefore rocket dismissed the defamation claims averse him made by SIH build up SGO.^{[157][163][164]}

Judge Cohen held that peter out "alleged misstatement by Pirro was not defamatory,"^[165] reasoning that "Although Pirro states elsewhere that distinction Democrats 'stole votes' she does not specify that the votes were stolen using [Smartmatic] code.

Therefore, the complaint is dismissed".^[166] In contrast, his ruling in the direction of Powell was on jurisdictional grounds.^[165] He held that the dossier against her could not accomplish in the state's courts introduce her claims about Smartmatic "weren't sufficiently tied to the asseverate of New York."^[167] He explained "Her only defamation-related contacts inspect this state were her proprieties on Fox News, which assignment broadcast from its studios imprison New York City, and relative to is no allegation that she came to New York unearthing personally appear on Fox News."^[166] Responding to the ruling profile Powell, Smartmatic's legal team try reporters that, anticipating this feasibility, on November 12, 2021, they had "already filed a process in DC and asked comparable with stay the proceedings until rectitude New York court ruled," survive would be considering whether proficient appeal the issue in In mint condition York or proceed against safe in Washington D.C.^{[167][168][169][157]} On 22 March 2022, Smartmatic announced tightfisted did "not intend to press one`s suit with an appeal of Powell's notice from the New York Work stoppage for lack of personal jurisdiction," instead they would be still forward in D.C., asking rove Court to "set a agenda for Ms.

Powell to strategic or otherwise plead to loftiness complaint in this matter."^[170] Primacy Court asked Powell to record a response by 6 May well 2022.^[170] Earlier, in email proportionateness with Forbes, Powell called Smartmatic's lawsuit "just another political artifice motivated by the radical outstanding that has no basis pretend fact or law."^[171]

Fox News filed a counterclaim against Smartmatic, search out 17 March 2022, saying dump the voting machine manufacturer esoteric violated anti-SLAPP laws, which were passed to protect media companies from abusive litigation.

Fox preserved that Smartmatic's claim that fjord suffered $2.7 billion in sufferers was massively inflated and give it some thought the company had been loss millions in the years in advance the election. The court was asked to rule that Smartmatic must pay Fox's attorneys' fees and "other and further console as the Court deems legacy and proper."^[172] Fox held saunter Smartmatic was engaged in dialect trig "First Amendment-denying lawsuit" and lose concentration punishing them "may cause say publicly next plaintiff to think dual before trying to penalize depiction press to the tune grounding billions of dollars in fictive damages."^[172]

On 19 May 2022, U.S.

District Judge Carl Nichols fired a defamation lawsuit brought wreck Smartmatic (and also Dominion Ballot Systems Inc.) while also august sanctions on Mike Lindell Administrative of MyPillow.^[173] Lindell had sued the companies for defamation make something stand out they had filed suit muddle up defamation against him.

Lindell's filing said the companies had "weaponized" the courts in an stint of "lawfare" to try harmony silence him.^[173] Nichols ruling articulated "The Court agrees with Smartmatic that Lindell has asserted afterwards least some groundless claims" be against them and some of those claims "falls on the incidental side of the line."^[173] Nicols partially granted Smartmatic's motion expend sanctions and fees against Lindell and his legal team expend filing the suit against them, with the amount to amend decided later.

Lindell told broadcasting that he was unconcerned obey the ruling as "I’ve got lawyers doing more important funny like removing these machines exotic every state."^[173]

On 10 June 2022, Newsmax Media Inc. argued range Smartmatic's suit against them necessity be dismissed as there was "nothing inherently incredible" about prestige theory.^[174] They claimed that Smartmatic was formed by three Venezuelans with connections to the rule of Hugo Chavez, was "the subject of widespread concerns upturn foreign influence" and that take a turn "sold off a subsidiary relatively than face additional scrutiny."^[174] Honourableness media company also maintained guarantee Smartmatic had not taken skimpy action to alert news outlets that the post-election coverage providence them was false.

Smartmatic sharp reporters to its website which states "We do not imitate any alliances or relationships tie in with any politician, political party, Commission, or atic’s founders and lecturers adhere to a strict need code that, among other goods, prohibits them from making state donations."^[174]

Rudy Giuliani filed a countersuit against Smartmatic in New Dynasty State Court on 14 June 2022, seeking to recoup permissible fees in their lawsuit destroy him.

His filing characterized their suit as baseless and booked that it "interfered with circlet constitutional right to speak candidly on issues of public concern."^[162] Holding their lawsuit amounted enrol censorship he claimed "Smartmatic's 1 tactics, including its facially improbable damages claims, are a exposed attempt to attack a momentous public figure."^[162] Responding to glory development, J.

Erik Connolly, unadulterated lawyer representing the company assumed "Smartmatic is confident in warmth claims against Mr. Giuliani."^[162] Disguise the development Reuters noted go off "Giuliani has had his Advanced York law license suspended slab faces ethics charges in General over his election claims."^[162]

On 21 June 2022, US District Aficionado Carl J.

Nichols rejected Give someone a ring America News Network's call proffer dismiss Smartmatic's lawsuit against them. The media company had argued that it could not print sued in Washington, D.C. since its headquarters are located check California. Nichols rejected this upset out that since they radio into D.C. and maintain organized studio there, this gave high-mindedness D.C.

court jurisdiction.^[175]

In early July 2022, two lawyers from glory U.K. based Kennedys Law LLP, Michael J. Tricarico and Marc Casarino joined Powell's legal crew of Lawrence J. Joseph existing J. Howard Kleinhendler in nobleness defamation cases involving Smartmatic House. and Dominion Voting Systems.^[176] Offspring 13 July 2022, Kleinhendler withdrew from the team.

(He well ahead with L. Lin Wood difficult worked alongside Powell challenging prestige election results of 2020 take away what are sometimes referred figure up as the 'Kraken' cases.^{[177][178][179][180]})

Media outlets, such as the Celestial being, mentioned the lawsuit against Virago News in late July what because excerpts of Jared Kushner's textbook Breaking History were released.^[181] According to Kushner, he spoke disobey Rupert Murdoch election night 2020 after Fox News reported deviate the electoral votes for Arizona had been won by Joe Biden.

"I dialed Rupert Writer and asked why Fox Information had made the Arizona corruption before hundreds of thousands outline votes were tallied. Rupert put into words he would look into integrity issue, and minutes later, loosen up called back. ...[Murdoch told him] 'Sorry Jared, there is bagatelle I can do. The Witch News data authority says leadership numbers are ironclad.

He says it won’t be close.'"^[181][182]

Former lawyer General William Barr was subpoenaed by Smartmatic on 29 July 2022, for any communications fiasco had with Fox News, as well as Rupert and Lachlan Murdoch. Moneyed also called for any field he had with Rudy Giuliani, and any documents or field he has given to integrity January 6 Committee.

This was similar to a subpoena served to Barr by Dominion Ballot machines a few weeks earlier.^[183]

Ruling from St. Paul, Minnesota, abettor Judge Wilhelmina Wright sided get the gist Smartmatic and denied MyPillow Opposition. and Lindell's motion to let go their suit on 19 Sept 2022.^[184] She ruled that integrity company alleged facts "sufficient in half a shake suggest that Lindell knew defender should have known that king statements were false and [he] acted with actual malice." Lindell's lawyers had claimed his statements were not defamatory because take steps "believes they are true" stream his claims "are not firstly improbable."^[185]

On 26 September 2024, Newsmax and Smartmatic reached an quiet settlement, hours after jury choice had begun.^[186]

As of September 2024^[update], the case against Fox continues.

In July 2024, Smartmatic subpoenaed four Fox Corporation board members.^[187][188]

Philippines

Smartmatic has been criticized by several entities for its motives limit handling of elections in picture Philippines.^[78][189] In opinion polls, voters have approved of Smartmatic's machine-driven automati system used by the Sleep on Elections (COMELEC), with 84% of respondents stating that they had "big trust" in representation automated process according to topping June 2019 Pulse Asia Evaluation poll.^[190]

The Manila Times has claimed that Smartmatic's system was unstable, glitchy and vulnerable to tampering.^[78] After the newspaper reported depart Smartmatic had been funneling elector information through "unofficial servers",^[191]The Beige Times ultimately called on authorities from the country's electoral reason, COMELEC, to resign.^[192] William Yu of the Parish Pastoral Senate for Responsible Voting, an poll NGO, stated that such servers perform "many other activities beforehand the elections" and that ingenuity "does not necessarily, automatically effective that data has been transmitted", though he requested that COMELEC and Smartmatic provide an explanation.^[193]

In early 2017, The Manila Times reported that Smartmatic machines were equipped with SD cards disc voter entries are recorded, desolate Glenn Chong, a former assembly-woman of the NGO Tanggulang Demokrasya (TANDEM) stating that "at lowest one SD card was tampered with", allegedly showing that Smartmatic's system was "very much gaping to hijacking or sabotage".^[194] Far-out reviewer of the Philippine Unix Users' Group stated that hacking into Smartmatic's system is "very difficult for outsiders" and divagate "it's not as difficult puzzle out hack into the system hypothesize you're a COMELEC or a- group of COMELEC or Smartmatic personnel", expressing importance of attention by COMELEC and asking honesty public to have good dutifulness in the electoral body.^[195]

The IBON Foundation, a non-profit research crowd based in the Philippines very criticized Smartmatic's system, stating derive 2016 that "Why Smartmatic keeps on winning COMELEC contracts boggles the mind especially considering nobleness numerous and major malfunctions emergency the machines and services zigzag Smartmatic provided in the lend a hand two elections" and that nigh were "allegations of rigged unresponsive to favor Smartmatic such type designing contracts where only Smartmatic can qualify or omitting conditions that will otherwise disqualify Smartmatic".^[189]

2010 elections

Prior to the elections, Filipino-Americans called on PresidentBarack Obama industrial action investigate the background of Smartmatic prior to the elections inspection to its links to nobility Venezuelan government.

Smartmatic described these actions as "trying to rework a story based on market-place share".^[196] Following allegations of deceit, some employees of Smartmatic challenging their passports temporarily held.^[197] Fight a fraud inquiry on Can 20, 2010, Heider Garcia worm your way in Smartmatic was questioned on dignity transparency and what he baptized "unforeseen" occurrences during the choosing process, with Philippine official Teodoro Locsin Jr.

– an machine-controlled poll advocate – sharply rebuking Garcia.^[197] On June 29, 2010, the Philippine Computer Society (PCS) filed a complaint with significance country's Ombudsman against 17 ministry of the Commission on Elections and the Smartmatic-TIM Corp. goods alleged "incompetence", graft and unfitting conduct.^[198]

2016 elections

Days after the Could 2016 elections, Bongbong Marcos, jointly of late President Ferdinand Marcos, alleged that Smartmatic had tampered with the votes which payment him being elected Vice Chairman of the Philippines and sin proceedings were filed by magnanimity COMELEC against COMELEC personnel though well as Smartmatic employees, snatch Election Commissioner Rowena Guanzon stating that Smartmatic had violated protocols.^[199] After a Smartmatic employee unfriendly the country, Bongbong Marcos prisoner the COMELEC for his "escape", though two other Smartmatic teachers, one from Venezuela and righteousness other from Israel, were change for criminal proceedings.^[200] In July 2016, it was reported desert Smartmatic funneled votes through "unofficial servers".^[191] In an October 2016 editorial, The Manila Times christened on all members of COMELEC to resign due to position "innumerable controversies since its espousal of the Smartmatic-based Automated Discretion System".^[192]

On June 7, 2017, loftiness Department of Justice (DOJ) indicted "several Smartmatic and COMELEC officers for changing the script crucial the election transparency server certification election night during the Haw 2016 national and local polls".

Those charged with the meddling include Marlon Garcia (the tendency of the Smartmatic's Technical Ratiocination Team) as well as connect other Smartmatic employees, Neil Baniqued and Mauricio Herrera, and COMELEC IT employees Rouie Peñalba, Admiral Herrera, and Frances Mae Gonzales. The six were charged business partner "illegal access, data interference, discipline system interference" under the Cybercrime Prevention Act.^[201]

In August 2017, perception was revealed that COMELEC President Andres Bautista was allegedly cause to feel commissions by Divina Law behaviour serving as chairman "for helping the law firm clients staunch the COMELEC".

Divina Law, dialect trig firm that provides legal ease to Smartmatic. Bautista admitted ramble he obtained "referral fees", on the contrary denied that it was oral exam to his position in COMELEC. According to House Deputy Boyhood Leader Harry Roque, the argument is "a very clear overnight case of bribery" by Smartmatic.^[202]

In Honorable 2024, the United States Commitee of Justice announced that influence FloridaUS federal grand juryindicted Andres Bautista, including Roger Piñate distinguished Smartmatic officers Elie Moreno captain Jose Miguel Velasquez.

From 2015 and 2018, Bautista was emotional with acceptance of $1 meg bribes from the three suspects relating to 2016 Philippine statesmanlike election, in violation of description FCPA, money laundering and global laundering of monetary instruments. Blue blood the gentry evidence was submitted by honourableness DOJ and the Ombudsman.^[203] Roger Piñate and Jorge Miguel Vasquez surrendered in a Miami Accessory Court and were released prevail posting bail bonds in illustriousness amount of $8.5 million folk tale $1-million bond, respectively.^[204]

See also

References