Established Fact
The Dominion ImageCast X (ICX) devices deployed in Fulton County were operated in tabulator (DRE – Direct Recording Electronic) mode during the 2020 election, with devices actively displaying “Total Ballots Cast” on their screens during voting operations. This is an unauthorized operational mode. Georgia’s Master Solution Contract and the applicable EAC certification – Democracy Suite 5.5-A – certified the ICX exclusively as a Ballot Marking Device (BMD): a device that produces a marked paper ballot for separate scanning, not one that itself records and tallies votes. Operating a BMD in tabulator mode means that votes were recorded and counted by a device that was never certified for that function. The implications are fundamental:
- the L&A testing performed on BMD-mode configurations does not validate DRE-mode operation;
- the paper trail produced by a BMD in DRE mode may not accurately reflect what the tabulation module recorded; and
- the result produced by an uncertified operational mode has no legal validity under HAVA or Georgia law.
Citations
Fulton County 2020 General Election Report for Georgia State Election Board, Election Oversight Group, LLC https://drive.google.com/file/d/1UzJ4qX6iBSrFMtkoRnOGIe3q8pzGjkVx/view?usp=drive_link, Count 5, pp. 49–50 (ICX devices operating in tabulator/DRE mode — unauthorized operational mode
ICP2 v ICE configuration summary based upon Narelle Brigden analysis, https://drive.google.com/file/d/1MB6tQndVmaGBrTQOp5cu2m4Y21Hhoe0s/view?usp=sharing
Georgia Master Solution Contract (ICX certified as BMD only under Democracy Suite 5.5-A)
EAC Democracy Suite 5.5-A certification (BMD-only function)
Curling v. Raffensperger (Halderman Report: BMD vulnerabilities)
ICP2 v ICE configuration analysis report based upon Narelle Brigden analysis https://drive.google.com/file/d/14aVpDIz40U4pnr09Cybs0cBm_SYUjFE1/view?usp=drive_link