Password Leak in 2024 CO Voting Systems: After Investigation, Criminal Charges Dropped

BIOS Password Leak in 2024 Colorado Voting Systems:
After Investigation, Criminal Charges Dropped BIOS Password Leak in 2024 Colorado Voting Systems:
After Investigation, Criminal Charges Dropped

(Note: the Denver DA report has been released (employee names redacted.) The Sentinel will put that PDF up on our website along with the press release.  Pages 11, 12, 23 and 24 will give you that warm fuzzy feeling you get when you “trust” your government to create policies and protocols that protect your vote.  READ HERE )

Press Release
11th Judicial District DA
Jeffrey D. Lindsey

After careful review of reports pertaining to the Colorado Secretary of State (SOS) publishing BIOS voting machine passwords and contacting each County Clerk and Recorder in Fremont, Chaffee, Park, and Custer Counties, the 11th Judicial District, Office of the District Attorney is endorsing the decision made by the Denver District Attorney’s Office in announcing that criminal charges will not be filed in this matter. The decision by this office was made based on the following.
• In early November, numerous voters from the 11th Judicial District (as well as other judicial districts across Colorado) sent affidavits pursuant to C.R.S. §1-13-101, requesting an investigation by the District Attorney’s Office into the publishing of the BIOS passwords by the Colorado Secretary of State. An informal meeting was called where all affected District Attorneys and the executive team at the (Colorado District Attorney’s Council (CDAC) discussed the most efficient way to investigate the allegations. Since the Secretary of State’s Office (Colorado Department of State/CDOS ) is based in Denver County, the decision was made to have the Denver District Attorney’s Office take the lead in conducting the investigation. The investigative
team at the Denver District
Attorney’s Office was assigned to review the case.

• On December 20, 2024, Denver District Attorney, Beth McCann announced her office would not be pursuing criminal charges in this matter stating, “The decision was the result of a seven-week long investigation by the Denver DA’s Office into possible violations of two Colorado statutes: C.R.S. 1-13-708(2), which concerns the publication of passwords related to a voting system; and C.R.S. 18-8-405(1), which concerns second degree official misconduct. “After an extensive investigation by prosecutors and investigators in my office, we have concluded that there were no criminal violations of the law regarding the publication of the voting machine passwords,” said DA McCann. “Based on everything we have learned, the passwords were published in error and not ‘knowingly’, as required to prove a violation of C.R.S. 1-13-708(2), or ‘knowingly, arbitrarily or capriciously’, as required to prove a violation of CRS 18-8-405(1). There is no indication that the passwords were published in an effort to influence the outcome of an election.” (The report is attached to this release).

• The report was forwarded to all District Attorneys in Colorado. At the behest of District Attorney Jeff Lindsey, an investigator from the 11th Judicial District contacted all four (Fremont, Chaffee, Park, and Custer) County Clerk and Recorders. These offices are res-
ponsible for elections in the State of Colorado. Inquiry was made to determine if any election improprieties occurred. Every Clerk
and Recorder within the District indicated that there were not any improprieties in the elections that may have been affected by the release of the passwords. The four Clerk and Recorders expressed satisfaction in the integrity of the 2024 election. The machines affected are monitored 24 hours a day, seven days a week by video monitoring. Moreover, the machines are required to be in secure locations and access of the area is only by approved employees of the County Clerk and Recorders.

• The District Attorney’s Office recognizes the importance of fair and legal elections. They are the cornerstone of our Democracy. As was done in this investigation, improprieties should be investigated and handled accordingly.

• The investigation is considered closed at this time.