During the past two years, [Actor Stephen] Heller tapped the family savings and lost two jobs while fighting charges that he took copies of documents from a law firm where he worked. Prosecutors said he copied more than 500 pages of documents, including memos suggesting Diebold may have broken state law by providing Alameda County with electronic voting machines that hadn't been certified by state officials. Soon after, Heller gave the documents to Bev Harris, founder of Black Box Voting, which was involved in a lawsuit claiming Diebold used uncertified software in 17 counties. Harris then turned them over to the secretary of state and the Oakland Tribune. Heller was sentenced Monday to three years probation and ordered to pay his former law firm $10,000 in restitution. The records detailed potential problems with electronic voting machines made by Diebold. Heller was hailed by digital rights and political activists as a whistle-blower who tried to do the right thing. Some observers believe prosecuting Heller could prevent other people from revealing potential flaws with electronic voting systems. Some of Diebold's machines failed to work properly in the March 2004 primary election. Two months later, then-Secretary of State Kevin Shelley decertified 14,000 Diebold electronic voting machines. [Shelley's] lawsuit was eventually joined by the state attorney general's office. Diebold settled for $2.6 million last year. Heller hopes his case will bring about changes and prevent corporations from keeping details of election equipment and software secret. The only thing that should be secret is our ballots," Heller said.
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