Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 26 of 153
database at the State level, the ballot database is transmitted to the Counties, and
then transferred onto memory cards that load the ballots into the DRE voting
machines. At the end of the election, the election data from the memory cards is
then uploaded onto the County GEMS server that tabulates the county election
votes.24 Thus, in addition to serving as the ballot building platform, the GEMS
system also serves as a means of communication/transmission of ballot and
voting data downloaded to and from the DREs and between the County and State
GEMS servers. Because of the interface between the GEMS and the DREs, an
infection or intrusion in the GEMS system ballot programming files can spread
viruses and malware from the GEMS to all voting machines serviced by GEMS.
(See Halderman Decl. ¶ 31.) As described below, a malware or virus attack can
occur at any level here (the ballot programming files, DRE removable memory
cards, or GEMS database at the County or State level.) (Id. at ¶ ¶30-32.)
The testimony of CES Director Michael Barnes about the GEMS system has
been inconsistent. At the September 2018 injunction hearing he testified that,
“[w]e have an air gapped system within the Secretary of State’s office that holds
our ballot-building information, our ballot-building software. And that is the
Until the November 2018 election, the SOS allowed county elections offices to transmit their
election night results by modem to the state election night server. According to the Election
Supervisor for Morgan County, called as a witness by Defendants, the current established state
protocol she follows on election night for transmission of County returns instead of the modem
transmission is to (1) copy on a flash drive the GEMS election results datafile; (2) take that drive
to her internet connected computer; and (3) upload the GEMS vote tabulation results to the
Election Night Reporting website run via PCC for the SOS. (Tr., Doc. 571 at 326.) The Georgia
State Patrol transports the final CD containing the GEMS database election results from each
county back to the SOS some days later, after the County Board of Elections has certified the
vote totals.
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