Brazilian Government asks Electoral Court for access to ballot box source code

Brazil’s Minister of Defense, Paulo Sergio Nogueira, sent a request to access the source codes of electoral systems to the TSE (Superior Electoral Court) on Monday, August 1. In a letter classified as “extremely urgent,” the general stipulates a deadline for the court to schedule: August 2-12, 2022.

“I request Your Excellency to make available the source codes of the electoral systems, more specifically the Apuração System (SA), the Voting System (VOTA), the SA and VOTA application log system, and the Totalization System (SisTot), which will be used in the 2022 electoral process,” says the letter sent to Minister Edson Fachin to which Power360 had access.

Nogueira says that the need for a response is due to the “short time available until voting day. The first round of the elections is scheduled for October 2.

The TSE states that access to the source codes of the voting system was opened in October 2021 and that all auditing mechanisms remain in place.

In addition to the letter that deals with the source code, the Minister of Defense sent a 2nd document to Fachin reiterating a request from July 2022 about sending other information to the Armed Forces technical group.

The data from the last two elections (image below) are on that list of requests. The general states that the lack of response could hinder the team’s work.

“Considering that the absence of the referred information could harm the development of the work of the team mentioned above regarding the fulfillment of the inspection steps foreseen in the TSE Resolution, and also that there is a need for a point of contact to facilitate the inspection actions, I reiterate the requests,” writes Nogueira.

FIRST MEETING

Poder360 found that the meeting last Monday (August 1) between the technical groups of the election oversight entities and the TSE occurred in a cordial atmosphere. Court members explained the guidelines and then received questions. Most were answered verbally.

Despite the mild tone, military personnel left the TSE with other criticisms of the court. Poder360 heard reports that the technicians were displeased that the Federal Police had not yet received the source code for analysis.

Another point that disappointed the group was that, in response to one of the questions from the entities, the TSE said it does not use the ICP-Brazil (Brazilian Public Key Infrastructure) as a certifying institution.

According to what they heard, the court uses a self-signed certificate. This conduct, in the evaluation of the military, is not considered “good practice” since they defend independent digital signature certification.

In summary, the ministry headed by General Paulo Sérgio Nogueira requests the TSE to approve three suggestions from the Armed Forces:

• Implement, still for the 2022 election, the Public Security Test (TPS) in the UE2020 ballot boxes, and not only in the older devices;
• Make the inspection and auditing by the inspection entities effective in all phases of the process; and
• Conduct the integrity test at the polling station, as already adopted with paper ballots, and not at the TRE with a substitute ballot box.

THE COURT RESPONDED TO EACH ITEM

UE2020 Model Ballot Boxes

“The TSE signed an understanding with the USP to test the new ballot boxes, including repeating all the tests already done on ballot boxes in all previous editions of the Public Security Test of the Electronic Voting System (TPS).”

Auditing

“About the greater participation of the inspection entities in the auditing process, the TSE Presidency formalized an administrative process to coordinate the inspection efforts. To this end, it has already contacted the inspection entities that wish to do this work and scheduled a technical meeting for August 1.”

Integrity Test

“Regarding the Integrity Test, which takes place on Election Day, the verification is part of the audit calendar of the electronic system and is regulated by specific norms, which must be strictly followed by the technicians of the Electoral Justice and the logistical support staff. For this year’s election, it is important to point out that the TSE multiplied by six the number of ballot boxes that will be evaluated during the test.

In the evaluation of the Armed Forces members, the TSE’s answers are incomplete.

Poder360 found out that:

• The entrance of the USP (University of São Paulo) in the ballot box testing process was seen as positive but insufficient in the legal field since, according to them, the norm determines that different external agents must do the test.
• The audit is the most advanced suggestion in the negotiation with the TSE and the one that gives more transparency to the Forces’ diagnosis.
• The integrity test is the point that worries them because, according to the Defense, this is the most important and decisive step; they want it to be carried out under normal.
• Voting conditions, in the electoral section, with biometrics from volunteer voters: They affirm that the multiplication of the number of ballot boxes in the tests is positive but insufficient.

With information from Poder360