Smartmatic: MEC agency with questionable credibility

…double registration proves sceptics right

…founders arrested, bailed for US$8.5 million dollars

…MEC dodging audit

The Venezuelan founded firm Smartmatic has failed in most cases to prove security, transparency and trust of its systems, raising questions to the true intentions of the Malawi Electoral Commission (MEC) choice of the firm whose founders were arrested in the USA last August for electoral related bribery in the Philippines, The Investigator Magazine can reveal.

Already MEC this week has been defending double registration of same person at the same centres, claiming the individual used two different Electoral Management Devices by Smartmatic, whose system has been said to be hackable, and easy to manipulate data, according to multiple online scandals traced to Venezuela, the Philippines and the USA.

While the advent of electronic voting systems has transformed the way elections are conducted across the globe, offering potential for improved efficiency, accessibility, and accuracy in the electoral process. These systems, while promising numerous advantages, also bring forth challenges regarding security, transparency, and public trust.

Smartmatic has been embroiled in controversies that highlight the complexities and challenges associated with electronic voting. Allegations of irregularities and questions concerning electoral integrity have emerged in several instances where Smartmatic’s systems have been deployed. Such controversies raise important discussions about the reliability and trustworthiness of electronic voting technologies and their implications on Malawi’s democracy as the outcome of the 2025 elections is likely going to be disputed if not fixed now.

Smartmatic founders arrested for bribery

Malawi’s large procurements under President Lazarus Chakwera have been largely associated with bribery and corruption, and fuel, fertiliser and even passports procurements have led to scandals that have involved the Office of the President and Cabinet itself.

Smartmatic co-founder Roger Piñate faces bribery and money laundering charges related to contracts obtained in the Philippines.

Reuters, news agency reported on 9 August this year that three executives of voting technology company Smartmatic were charged with funnelling $1 million in bribes to a former Philippine election official to secure the country’s business, according to U.S. federal prosecutors in Florida.

Smartmatic’s president and co-founder, Roger Alejandro Pinate Martinez, 49, and two co-defendants were charged with foreign bribery and money laundering alongside a former chairman of the Philippine Commission on Elections, the U.S. Department of Justice said in a statement.

Smartmatic was not charged and is not accused of wrongdoing. It said in a statement the indicted employees have been placed on leave.

“No voter fraud has been alleged and Smartmatic is not indicted,” the statement said.

The indictment came as Smartmatic sued Fox Corp (FOXA.O), opens new tab and conservative commentators for billions of dollars in damages for allegedly defaming it with false claims that its machines rigged the 2020 U.S. presidential election.

It is unclear how the indictment could affect those cases, but Fox could try to use evidence from the criminal case to bolster its defense.

Federal prosecutors said in a press release that Pinate conspired with two other Smartmatic executives to pay $1 million in bribes to Juan Andres Donato Bautista, 60, the former chairman of the Philippine Commission on Elections, or COMELEC.

Prosecutors said the bribes were paid through a slush fund created by over-invoicing voting machine costs for the 2016 Philippine elections and then disguised in financial documents using coded language.

The case should raise concerns on how MEC identified the company that seems to court controversy in elections every time it participates. Its Elections Management Devices (EMD) have now be put in question by Malawi opposition parties who want them out of any elections systems fearing they could be manipulated in favour of the ruling party.

A spectrum of challenges associated with the adoption of electronic voting technology, primarily focusing on issues of security, transparency, and public trust have been pointed out by experts citing risks of hacking, software vulnerabilities, and potential manipulation of results, which pose significant threats to electoral integrity.

“Furthermore, there are concerns over the opacity of electronic voting systems compared to traditional paper ballots, which can undermine voter confidence,” said a US based election expert.

Venezuela and Philippines elections

Smartmatic’s involvement in electoral processes with allegations of vote rigging and system failures in countries like Venezuela and the Philippines have been used as examples of the unreliability of its systems and vast number of stories internationally cover the matter, raising questions if the MEC considered at all how 2025 elections could be impacted by such a history.

A study by by Jennings (2021) argue that the opaque nature of Smartmatic’s proprietary software and the closed ecosystem in which it operates can hinder independent verification efforts, thereby compromising public trust in the electoral outcomes. Such critiques underscore the necessity for greater oversight and transparency to ensure the integrity of digital voting systems.

MEC is compounding the Malawi problem as it refused external audits which could clear most of the allegations levelled against the registration process before the matter explodes and affect the whole elections.

According to online data Smartmatic founded in 2000 began its operations in Venezuela, becoming instrumental in shaping its electronic voting infrastructure. Despite initial praise for introducing advanced technology intended to enhance vote accuracy and efficiency, allegations of vote manipulation and lack of transparency emerged, casting a shadow on the credibility of the electoral outcomes.

In the Philippines, Smartmatic’s systems technical glitches and allegations of system vulnerabilities prompted debates about the reliability and security of the electoral process. These incidents seem to have been happening in Malawi and MEC continues to be dismissive which is infuriating the opposition parties.

In United States, Smartmatic’s involvement in certain jurisdictions came under intense scrutiny during the 2020 elections, amid a heavily polarized political climate. Allegations of insufficient transparency and potential for cyber vulnerabilities heightened concerns about the security of electronic voting systems, contributing to wider discussions on electoral integrity and public confidence.

Smartmatic gadgets should be withdrawn

Smartmatic’s participation in elections across Venezuela, the Philippines, and the United States highlights several recurring patterns that largely affect the maintenance of electoral integrity, transparency and public trust.

A notable pattern across these elections is the emergence of technical challenges and allegations of irregularities that have, in some instances, overshadowed the intended benefits of electronic systems. In Venezuela, despite initial acclaim for advanced voting infrastructure, subsequent accusations of vote manipulation and opacity in system operations have cast doubts on electoral outcomes.

In the Philippines, while automation aimed to tackle the inefficiencies of a manual system, technical glitches and security concerns surfaced, fueling skepticism regarding the election process’s reliability. In the United States, allegations surrounding the transparency and security of Smartmatic’s systems were magnified during periods of intense political scrutiny, further complicating efforts to establish trust in electronic voting solutions.

These and low capacity in Malawi to audit technology exposes danger to the credibility of the 2025 elections and MEC cannot wish away as the 2020 repeat of elections cost the taxpayers billions of kwachas needed in social sector and K8 billion shared by opposition lawyers who initially claimed it was pro bono.

In Malawi issues such as software malfunctions have already been identified including double registration and alleged vote manipulation can significantly impact perceptions of electoral legitimacy.

Evidence is overwhelming to be ignored- Our Editors view

Human factors play an equally crucial role in determining the effectiveness and acceptance of any elections. The Malawi Electoral Commission seems not be concerned with concerns from stakeholders who are political parties. Justice Annabel Mtalimanja should know levelling the playing field in an election is the same as the principle of fairness in courts.

Public trust is paramount to the success of any electoral process, and the controversies experienced in Smartmatic’s operations underscore the need for clear communication and accountability on part of MEC. If it was up to us an audit would have been welcome.

The over registration in other regions, absence of NRB and allegations of bias should prompt MEC to produce satisfactory environment to avoid the cost of another annulled election.

Openness in system operation and proactive engagement with stakeholders, including voters, election officials, and technology providers, are essential in building confidence. Trust can be fostered through initiatives like public software audits, transparent result verification processes, and effective responses to any discrepancies or technical issues that arise.

So far, we have seen a defensive MEC and little transparency. MEC can’t continue to ignore the overwhelming evidence that something called Smartmatic has a lot of questions and that will affect credibility of elections if not addressed early. The cost of addressing the issues is cheaper than a repeat of an election badly damaged.

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