Madison Response to Gableman 1.13 Subpoena.pdf -

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STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY BRANCH 3 MICHAEL J. GABLEMAN, in His Official Capacity as Special Counsel to the Wisconsin Assembly, Petitioner, Case No. 2021CV001710 vs. Unclassified: 30703 ERIC GENRICH, et al., Respondents. RESPONSES, DOCUMENTS, AND RECORDS TO BE PRODUCED FROM SUBPOENA DUCES TECUM - JANUARY 13, 2022, AT 9:30 A.M. SARAH EDGERTON, CHIEF INFORMATION OFFICER FOR THE CITY OF MADISON TO: Hon. Michael J. Gableman 200 S. Executive Drive, Suite 101 Brookfield, WI 53005 [email protected] NOW COMES the respondent Satya Rhodes-Conway, personally and in her official capacity as mayor of the City of Madison, by and through her counsel Michael R. Haas, City Attorney, to respond to Petitioner’s subpoena duces tecum for documents and materials in the custody of Sarah Edgerton, Chief Information Officer for the City of Madison, as follows: 1. Any and all documents pertaining to the identities of individual machines, computers, or electronic devices owned, leased, or operated for the purposes of a Wisconsin election by the City of Madison and its employees and agents that were present in the State of Wisconsin or that communicated with any person, machine, or computer within the State of Wisconsin during the Requested Period ("Subject Devices"), including machine or computer name, machine or computer type, machine or computer serial number, software name, software type, software serial number, and persons to whom such machines and computers were sold, 1 leased, or assigned. RESPONSE: • Voting machines and Related Equipment: The City’s voting machines do not connect to the City’s network or the Internet. Data is stored on a memory stick inside the machine. After the election, the memory sticks are hand delivered to the Dane County Clerk. The voting machines are never in contact with the City’s network or the Internet. The City sends “unofficial results” of vote totals via modem to the Dane County Clerk. The modems in each voting machine only transmit results after voting is complete and a paper results tape has been printed. No one can dial into the modem. The modem only dials out and only dials the Dane County Clerk’s Office to transmit vote totals and only after all the voting is complete. The City owns the voting machines, but Dane County paid half the cost of most of the DS-200 tabulators. • Dedicated Election Laptops and Laptops Assigned to Staff: Dedicated laptops are stored in a secure vault when not in use for elections. These laptops are used for absentee voting and connect only to WisVote. There is no data stored on the laptops themselves. Most of the laptops were purchased in 2016 or 2017 with additional laptops being purchased every year since. These laptops are used specifically for elections, primarily absentee voting. • City Assigned Personal Computers (PCs) in the City Clerk’s Office, Finance, and Other Agencies: These are the machines City Clerk and Finance personnel use on a day-to-day basis and may also use for election 2 administration 1. In addition, the City has an administrative pool from the Finance Department who fill in for other City administrative employees who are out for that day or out for an extended period or who may work on special assignments. The City employees they typically fill in for are employees with a public facing presence where the City must continue to have a person sit at that workstation. While these individuals may perform election administration work while they fill in at various workstations or when they do special projects, the City does not track what work is performed during this time. • iPads: The City’s iPads were purchased in 2020 and are used for voter registration drives. They are used to access MyVote and have no other information stored on them. When not used during an election period, iPads are stored in a secure vault. • Poll Books: Poll books are generated as a .pdf copy and printed for use. There is a copy of the poll book on the City network that is locked down by the City’s IT Department and is only accessible to authorized employees of the City Clerk’s office. New poll books are generated before every election. • Document(s) listing machine or computer name, machine or computer type, machine or computer serial number, software name, software type, software serial number and persons to whom such machines and computers were sold, leased, or assigned: The City does not use any dedicated software for election administration. The City’s voting 1 The City defines “election administration” to include, but not necessarily be limited to, reviewing nomination papers, certifying candidates, preparing ballots, managing and testing volume equipment, appointing and training poll workers, conducting absentee voting, election day voting, collecting election results, certifying election results, and recall or recount petitions and procedures. 3 machines, and any related software, are managed by Dane County. The City uses Microsoft Excel, Word and Adobe on its laptops and City computers and these programs may be used from time to time for election administration. There are no machines sold or leased. City computer serial numbers are not tracked. The City has an individual machine number affixed to the machines. See attached list of the City’s election administration equipment. Document Req. #1, SE 1/13, 000001- 000010. 2. Any and all documents pertaining to the identities of individual machines, computers, or electronic devices owned, leased, or operated for the purposes of a Wisconsin election by the City of Madison and its employees and agents that are currently present within the State of Wisconsin including machine or computer name, machine or computer type, machine or computer serial number, software name, software type, software serial number, and persons to whom such machines and computers were sold, leased, or assigned. RESPONSE: • Voting machines and Related Equipment: The City’s voting machines do not connect to the City’s network or the Internet. Data is stored on a memory stick inside the machine. After the election, the memory sticks are hand-delivered to the Dane County Clerk. The voting machines are never in contact with the City’s network or the Internet. The City sends “unofficial results” of vote totals via modem to the Dane County Clerk. The modems in each voting machine only transmit results after voting is complete and a paper results tape has been printed. No one can dial into the modem. The modem only dials out and only dials the Dane County Clerk’s Office to transmit vote totals and only after all the voting is complete. The City owns the voting machines, but Dane County 4 paid half the cost of most of the DS-200 tabulators. • Dedicated Election Laptops and Laptops Assigned to Staff: Dedicated laptops are stored in a secure vault when not in use for elections. These laptops are used for absentee voting and connect only to WisVote. There is no data stored on the laptops themselves. Most of the laptops were purchased in 2016 or 2017 with additional laptops being purchased every year since. These laptops are used specifically for elections, primarily absentee voting. • City Assigned Personal Computers (PCs) in the City Clerk’s Office, Finance, and Other Agencies: These are the machines City Clerk and Finance personnel use on a day-to-day basis and may also use for election administration 2. In addition, the City has an administrative pool from the Finance Department who fill in for other City administrative employees who are out for that day or out for an extended period or who may work on special assignments. The City employees they typically fill in for are employees with a public facing presence where the City must continue to have a person sit at that workstation. While these individuals may perform election administration work while they fill in at various workstations or when they do special projects, the City does not track what work is performed during this time. • iPads: The City’s iPads were purchased in 2020 and are used for voter registration drives. They are used to access MyVote and have no other information stored on them. When not used during an election period, iPads 2 The City defines “election administration” to include, but not necessarily be limited to, reviewing nomination papers, certifying candidates, preparing ballots, managing, and testing volume equipment, appointing and training poll workers, conducting absentee voting, election day voting, collecting election results, certifying election results, and recall or recount petitions and procedures. 5 are stored in a secure vault. • Poll Books: Poll books are generated as a .pdf copy and printed for use. There is a copy of the poll book on the City network that is locked down by the City’s IT Department and is only accessible to authorized employees of the City Clerk’s office. New poll books are generated before every election. • Document(s) listing machine or computer name, machine or computer type, machine or computer serial number, software name, software type, software serial number and persons to whom such machines and computers were sold, leased, or assigned: The City does not use any dedicated software for election administration. The City’s voting machines, and any related software, are managed by Dane County. The City uses Microsoft Excel, Word, and Adobe on its laptops and City computers, and these programs may be used from time to time for election administration. There are no machines sold or leased. City computer serial numbers are not tracked. The City has an individual machine number affixed to the machines. See attached list of the City’s election administration equipment. Document Req. #2, SE 1/13, 000001- 000010. 3. All internet protocol (IP) address for all Subject Devices that communicated with any other machine in the State of Wisconsin during the Requested Period including the date and time of the communication as well as information that was communicated. RESPONSE: Tabulating machine modems: We do not have IP address information for the voting machines as they are not connected to the City network or the Internet. In addition, we cannot access the serial numbers of the modems 6 without removing the warranty sticker. The City must keep the Void Warranty stickers intact to retain the integrity of the machines and maintain the warranty which protects the health and safety of the machines. The only information these devices communicate are unofficial vote totals transmitted via one-way modem to the Dane County Clerk’s office on the evening of the election. We do not have a specific log of what time each machine transmitted the vote totals. See Document Req. #3, SE 1/13 000011 (Modeming Security Document); see also Document Requests #1 and #2. For laptops or desktop Windows PC-based devices, they are not assigned static IP address. The City utilizes Dynamic Host Configuration Protocol (DHCP), which means each time the device authenticates to our network, it is assigned a unique IP address from a pool of available addresses at that time. It can be a different IP address each time. This is a more reliable and secure method of managing a network with thousands of PCs and is a standard best practice. 4. Any and all communications between any of the Subject Devices described in Item 1 above and the State of Wisconsin's "WisVote" statewide election management and voter registration system that were sent or received during the Requested Period. RESPONSE: See the included documents for communications between the Subject Devices described in Item 1, and the State of Wisconsin’s WisVote (elections.wi.gov) Document Req. #4, SE 1/13 000012 – 000018. For the tabulators, there were no communications with the State of Wisconsin’s “WisVote” statewide election management and voter registration system. For the PC’s, and pursuant to Madison General Ordinances 3.70(3)(b)8, we no longer have logs referencing data transmissions with “WisVote”. 7 Madison General Ordinance 3.70(3)(b)8 adopted August 5, 2008, File # 09158. Electronic logs/Temporary Data Files: These logs and temporary data files provide detailed information about the design and functionality of the City's computer network. These logs are routinely overwritten on a daily basis due to the high volume of traffic that is being logged. Unrestricted access to these logs and files would constitute a breach of system security and leave the system vulnerable to exploitation and hacking. In order to ensure network security, these logs are available to Information Technology Director's authorized staff only. These determinations apply to the following types of logs and data files: a. Syslogs for Network Electronic Devices. All logs created by network devices such as firewalls, routers, switches, etc., which are used for monitoring and trending computer network traffic patterns and/or detecting unauthorized network traffic. b. Network Server Security, Application and Event Logs. These logs are used to monitor activity on city network servers including successful/unsuccessful login attempts, file system access, hardware performance, etc. These logs provide detailed information about city network account ID's, file system structure, and hardware profiles. c. Network Security Appliance Logs. All logs created by network security devices such as the anti-virus appliance, anti-SPAM appliance, content filtering appliance, etc., which are used to monitor specific types of unauthorized or malicious traffic on the city network. These logs identify specific network traffic patterns and/or protocols that are allowed or disallowed on the city network. d. Application Logs. These logs are used to monitor activity on various database applications, but do not contain specific audits of database transactions. These logs can contain version information, program variables, and programming logic. 5. Any and all communications between any of the Subject Devices described in Item 1 above and any machines, computers, or electronic devices owned, leased, or operated by Command Central, LLC, that were sent or received during the Requested Period. RESPONSE: The City of Madison does not use any machines, computers or electronic devices owned, leased, or operated by Command Central, LLC. 6. Any and all communications between any of the Subject Devices described 8 in Item 1 above and any machines, computers, or electronic devices owned, leased, or operated by Dominion Voting Systems, Inc., that were sent or received during the Requested Period. RESPONSE: The City of Madison does not use any machines, computers or electronic devices owned, leased, or operated by Dominion Voting Systems, Inc. 7. Any and all information about individual voters in the State of Wisconsin for the Requested Period that is or was stored on the Subject Devices described in Item 1 above, including any such information that has been deleted from those Subject Devices but that is capable of being recovered. RESPONSE: Machines from Item #1 may have been used during the election period to access WisVote and/or MyVote but they do not store information about individual voters. The City does not have information about individual voters for the entire State of Wisconsin. The poll books are the only documents that contain information about individual voters in the City of Madison. The original poll books are saved as a secure pdf to a shared network drive for printing only. The file is only accessible to employees in the City Clerk’s office. The City does not keep a digital copy or digital file of the completed poll books from Election Day. Completed poll books are retained according to the City’s approved records retention schedule. The City’s paper poll books on the shared network from the 2020 election do not reflect all the eligible voters in the City of Madison or all the individuals who voted in the 2020 election because the poll books do not capture individuals who registered and voted on the same day during the election period. Poll workers create supplemental poll lists by hand to indicate who registered and voted on Election Day. 8. Any and all security logs for the Subject Devices described in Item 1 above 9 pertaining to the Requested Period. RESPONSE: Security logs for the Subject Devices are no longer available. See MGO 3.70(3)(b)8. Document Req. #8, SE 1/13, 000012 – 000018. 9. Any and all software updates that were sent to, received by, or installed on the Subject Devices described in Item 1 for the Requested Period. RESPONSE: For the voting machines, see Document Req. #9, SE 1/13 00019 (ESS Firmware Invoice). The Clerk’s Office PC’s and laptops are routinely patched and updated in accordance with Microsoft patching and update protocols. Similarly, Adobe products are routinely updated and patched following protocols established by Adobe, Inc. There is no election-specific software on the PC’s, laptops, or iPads. 10. All trouble tickets, responses, and associated log files related to election operations during the Requested Period in Wisconsin. RESPONSE: The City has no tickets, responses and/or associated log files related to election operations “in Wisconsin.” The City only has tickets, responses and/or associated log files related to election operations in the City of Madison. Voting machine repairs/maintenance requests are transmitted to and from ESS via electronic mail. There are no logs. Document Req. #10, SE 1/13, 000020 - 000032 (ESS repair/maintenance communication) and (heat tickets) 3 11. All update files deployed any Subject Devices located in Wisconsin during the Requested Period including, but not limited to, the update files themselves, the procedures on how to deploy the update, the release notes 3 Heat tickets not included: telephone extension, DOR reminder, Legistar issue, install Acrobat, webpage password, dub request, how to convert emails, speak at council meeting, IP soft phone issue, contract routing software issue, Virtual Private Network (VPN) issue, work from home equipment request, mapping drive issue, password lockout, webpage access, records requests, MUNIS (payroll) issue, request new laptop, request IP Communicator. 10 for the update, log files indicating the progress of update deployment, and what employee deployed the update along with the means it was deployed. RESPONSE: For the voting machines, see Document Req. #9, SE 1/13 00019 (ESS Firmware Invoice). The Clerk’s Office PC’s and laptops are routinely patched and updated in accordance with Microsoft patching and update protocols. Similarly, Adobe products are routinely updated and patched following protocols established by Adobe, Inc. There is no election-specific software on the PCs, laptops, or iPads. 12. Any list or roster, or if a list does not exist, all employment, contractual, or pay information for any Election Systems and Software, LLC, Dominion Voting Systems, Inc., and/or Command Central, LLC, employees, contractors, affiliates, or volunteers (paid or unpaid) responsible for supporting election operations in Wisconsin during the Requested Period. RESPONSE: The City has no employment, contractual, or pay information for Dominion Voting Systems, Inc., and/or Command Central, LLC, employees, contractors, affiliates, or volunteers (paid or unpaid) responsible for supporting election operations “in Wisconsin” because the City does not use those election systems. For Election Systems and Software, LLC, the City has no information for “in Wisconsin” i.e., the entire State. For the City of Madison, for Election Systems and Software, LLC (ESS) the City of Madison does not have any employment or contractual agreements with employees, contractors, affiliates, or volunteers. The City does not pay individuals for any firmware, repairs, or purchases. Any maintenance or software updates to the ESS machines is paid for on an hour-by-hour basis – Document Req. #12, SE 1/13, 000033 - 000045 11 (invoices; reference to contract in Invoice 1118410 dated 2/11/2020)). 13. Any database, document, or raw data that shows Subject Devices that have network access for the purpose of transmitting vote totals between networked systems. This includes, but is not limited to, any data (IP, MAC, APN, IMEI, IMSI, Phone number, serial number) associated with Election Systems and Software, LLC, machines deployed in Wisconsin. RESPONSE: The City has no ESS machines with City’s network or the Internet access The City transmits vote totals through the modem listed in item #1 directly to the Dane County Clerk. Subject devices that have network and/or Internet access DO NOT collect or transmit vote totals between networked systems. Voting machines (tabulators) and/or modems do not have City’s network or the Internet. See Modeming Security Doc_v2.pdf. 14. Any and all emails, phone logs, text messages, or other types of communications with Command Central LLC, Dominion Voting System, and ESS personnel on either corporate email accounts or personal accounts. RESPONSE: The City has no documents responsive to this request for Command Central LLC or Dominion Voting System since it does not use Command Central LLC or Dominion Voting System machines. For the ESS voting machines the City does use, the City is unable to identify phone numbers for LLC’s so phone logs are unavailable. There was one (1) text message from ESS that was added to the Email .pdf. Per the policy for City Clerk employees only, any text messages received from ESS must be converted to email so the message can be stored on the City’s email system. Discovery search parameters for email: Command Central LLC (ccelections.com), Dominion Voting System (dominionvoting.com), Elections Systems and Software LLC (essvote.com) Email to/from entities for 8/1/2020 - 12/30/2020 12 [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]. Document Req. #14, SE 1/13, 000046 – 000115. 15. Forensic image of the election management system (EMS) and any associated storage devices or workstations used to run the 2020 general election as well as any backups of the same system(s). RESPONSE: The City of Madison does not have access to a forensic image of the election management system used to run the 2020 General Election since Dane County oversees election management system (EMS) including the programming and the designing of the ballots used by the City of Madison. The other software used by the City of Madison, WisVote, is a State of Wisconsin run system. The City does not have access to WisVote to provide a forensic image. Dated this 14th day of January, 2022. CITY OF MADISON Attorneys for Satya Rhodes-Conway, Respondent and Sarah Edgerton, Chief Information Officer Michael R. Haas City Attorney State Bar No. 1020889 Address Office of the City Attorney City-County Building, Room 401 13 210 Martin Luther King, Jr. Boulevard Madison, WI 53703-3345 Telephone: (608) 266-4511 Facsimile: (608) 267-8715 E-mail: [email protected] 14