California's election clerks --- or at least those who are members of the California Association of Clerks and Elections Officials (CACEO) --- are freaking out in light of CA Secretary of State Debra Bowen's newly proposed draft criteria for her promised, "first-of-its-kind top-to-bottom review" of all electronic voting systems in the state.

Bowen's most welcome and strictly drawn draft criteria, as we reported last week, are open for public comment through April 6th, after which testing will begin on systems which will lose their certification for 2008 if they do not meet the refreshingly strict standards to be reviewed (finally!).

In a document dated today and obtained by The BRAD BLOG, the CACEO --- who worked very hard, if unsuccessfully, to see Bowen's irresponsible predecessor, the hapless Bruce McPherson, re-elected --- filed their comments on Bowen's test criteria. And they don't like 'em. They don't like 'em one bit.

While we can hardly say we're surprised by that, or that they didn't bother to post the document on their own website yet, we can say that we're surprised that these folks who run elections for a living still seem completely and utterly unaware of the one thing that matters to voters --- and any successful democracy --- the most...

"Clean up politics. Elect Women." Indeed.

In our second "New Female Secretary of State Kicks Ass, Cleans Up Mess Wrought by Male Predecessor" story of the day, California's own Debra Bowen issued her draft criteria to be used for the first-of-its-kind, "top to bottom review" of all electronic voting systems she promised just before taking office. And the electronic voting machine companies ain't gonna like 'em. But we do.

"The review is designed to restore people's confidence in the integrity of our electoral process," Bowen said in a statement issued yesterday to announce the criteria and her call for public input, "Every California voter has the right to have their vote counted as it was cast."

Imagine that. Am I dreamin'?! The criteria are now posted here [PDF] for public comment.

And, oh, man...Here's just a taste. From the "Security Standards" section...

The criteria are virtually the same for op-scans and central tabulating systems. And from the "Security Testing" section (Jeff "1000 to 1" Stone of Riverside County is not gonna like this)...

Now we're getting somewhere! And we're also reminded why Bowen was the only candidate ever officially endorsed by The BRAD BLOG!

"I want input from as many people as possible – voting rights activists, county elections officials, and anyone else who wants to offer an opinion," said Madame Secretary, putting the voting rights folks first for a refreshing change, in her statement.

Input on the draft criteria can be sent here: votingsystems@sos.ca.gov. The criteria for California, or as Diebold refers to it, "the world's largest voting market," will be finalized by April 6.

California's new Secretary of State, Debra Bowen, has flatly rejected a request from Riverside County, CA County Supervisor Jeff Stone to participate in a "hack test" challenge originally proposed to Election Integrity Advocates in response to their concerns about security and accuracy for the county's electronic touch-screen voting machines, The BRAD BLOG has learned.

In a letter sent to Stone last week obtained by The BRAD BLOG (posted in full at the end of this article), Secretary Bowen found that though there was no state law to prohibit such a test, her office would not participate, in part due to the narrow restrictions initially insisted upon by Supervisor Stone.

In her reply to a letter sent in early January to outgoing Secretary of State Bruce McPherson just days before he would leave office, Bowen wrote, "I am not aware of any state law that would prohibit the type of security test that you described in your letter." Unlike Bowen, the former SoS had been seen as far more favorable towards relaxed security issues for electronic voting.

As The BRAD BLOG originally reported last December, Stone had initially challenged local Election Integrity advocates "a thousand to one," during a public hearing, that a programmer would be unable to "manipulate" the county's voting system.

In her letter to McPherson Bowen joined other computer security professionals who had previously rejected Stone's unilateral suggestions for ground rules, calling them "overly narrow," potentially giving voters a "false sense of security." Stone had written to the former SoS that just "15 minutes would be allotted" for the test and the programmer who accepted the challenge --- noted computer security expert Harri Hursti --- would be prohibited from using any tools or reaching around the back of the machine. "In every sense," Stone wrote, "he would be like any voter on Election Day approaching a voting unit at the polls."

Bowen, however, balked at Stone's unilateral ground rules, writing in response...

As well, Bowen also highlighted the point made by Election Integrity Advocates, computer security professionals, and even the Baker/Carter "Blue Ribbon" National Election Reform Commission that made the point that the greatest threat to e-voting security likely comes from election insiders, such as officials or poll workers who have been allowed to take pre-programmed, election-ready systems home with them in the days prior to the election as allowed by Riverside County.

Such insider access is seen as a far greater threat to security than that from voters on Election Day. As Bowen wrote in reply...

Guest Blogged by Ken Simpkins

ED NOTE: Over the last nine months or so, along with attorney Paul Lehto, Carlsbad, CA attorney Simpkins has filed a number of voter lawsuits in San Diego in his continuing attempt to help bring accountability to the unaccountable San Diego County Registrar of Voters, Mikel Haas and his atrocious elections administration. Those suits included complaints and appeals in the now-infamous Busby/Bilbray Special Election as well as voter lawsuits brought both before and after last November's General Election in San Diego.

After being stonewalled by the San Diego County Registrar of Voters Office on requests for recounts, information regarding the right to vote on paper ballots, and the results of an audit of the November 2006 election, citizens are taking action. Last Thursday, a complaint [PDF] was submitted to the new California Secretary of State, Debra Bowen, addressing voters’ concerns. Secretary Bowen was voted into office on the promise of cleaning up elections.

SD County's Registrar of Voters, Mikel Haas, has attracted the attention of The BRAD BLOG for many months as "one of the worst elections officials in the country." His policy of sending pre-programmed, election-ready Diebold voting machines home with poll workers weeks in advance of elections, without any training on security or assurance that the machines would be held in a secure environment, likewise attracted the ire of many San Diego County voters. Those same voters are signing a petition urging the Secretary of State to investigate the allegations in the complaint and report on the findings. I urge you to sign it as well.

The complaint reports on the violations of the certification requirements under state and federal law, the failure to properly test the machines pursuant to official procedures, the policy of undermining the right to vote on paper ballots, and the disregard of basic auditing principles in conducting the required one percent manual tally.

The voting machine "sleepover" policy is one example of the disregard by the Registrar of Voters of the proven vulnerabilities of the Diebold machines, which can be hacked in one minute and made to change the outcome of an election. In defending the sleepover policy, Mr. Haas points to the "tamper-evident" tape used to seal the memory card compartment as sufficient security against fraud. But, when one observer discovered on election day that the tape had been removed from the machines at two precincts, and reported the violation of the certification requirements to Mr. Haas, he refused to take the machines out of service and allowed voters to cast their votes on the then-uncertified machines...

There's been a fair amount of media coverage (at least in California papers), since our scoop yesterday of new CA SoS Debra Bowen's brilliant appointment of dogged E-voting critic and VoterAction.org attorney Lowell Finley to the post of Deputy SoS for Voting Systems Technology and Policy.

There are a couple more ironic points to the Finley appointment above and beyond the ones we mentioned yesterday. One we knew about, another we hadn't.

In his report on the matter, Oakland Tribune's Ian Hoffman reminds us of the qui tam lawsuit filed by Finley against voting machine company Diebold and joined by the state in 2004, which eventually resulted in a settlement:

In a point we hadn't previously known, the Los Angeles Times blogger on state capitol and gubernatorial issues, Robert Sallady, highlighted our coverage here --- describing us as "The state's most persistent blogger-watchdog on the dangers of voting technology" (thank you, sir) --- and advanced the story a bit with this irony-laden chestnut about the man who will now, officially, be working as an appointed member of Schwarzenegger's own Executive Branch:

Office Christmas parties next year in Sacramento ought to be a hoot. Hopefully the Governator supplies the medication.

It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...

Syndicated California columnist, Thomas D. Elias, has written the single best MSM article we've ever read on the problems with the current state of our electoral system. Period.

In covering changes planned by incoming CA Secretary of State Debra Bowen, Elias --- for the first time, at least that I've ever seen anywhere in the MSM --- squarely places the blame for the entire fine mess we're in exactly where it belongs: On the voting machine companies and the elections officials who have been their enablers and apologists...

BOOM! Outta the park!

Those two grafs alone are enough for us to nominate Elias for a Pulitzer. Yes, the reporting on this matter in the MSM has been so indescribably horrible from the get-go that we're willing to give it all up just for those two grafs which finally tell the story correctly.

But Elias doesn't stop there. While we recommend you read his entire piece in full we'll highlight a few of the most notable grafs just to make sure as many eyeballs as possible actually get to see them --- for the good news they offer about a possibly brighter future for elections in California (and thus, the rest of the country) and for the fact that they have actually been printed in a fairly major metropolitan newspaper.

On Bowen's plans for full 'top to bottom review' of outgoing SoS McPherson's rubber-stamp certification of all electronic voting machines...

On the truth (finally!) about the feckless and incompetent McPherson...

On the infamous voting machine "sleepovers" (as first revealed by The BRAD BLOG)...

On the worthlessness of so-called "paper trails" and the difficulty candidates face in paying exorbitant costs for recounts as capriciously and arbitrarily priced by Registrars...

NOTE: The BRAD BLOG covered the cost quoted for a recount in last summer's Special U.S. House Election in CA-50's Francine Busby/Brian Bilbray race. The cost, capriciously and arbitrarily quoted for that recount in order to make it impossible by the horrendous San Diego County Registar of Voters Mikel Haas: $150,000!

Elias also speaks of Sequoia's yellow button "feature" (also first revealed on these pages, but who's counting?) and more. All of which, apparently, forces the Ventura County Star to label the piece, regretablly, as "opinion." But so be it. We'll take what we can get.

If you'd like to send a thank you note to Elias and the VCS Editors, please click here!

Is this sort of thing actually necessary? Apparently it is.

While the following 10 items seem painfully obvious, apparently these no-brainer items need to be issued as a "Voter Bill of Rights" by CA Secretary of State candidate Debra Bowen, given the mess we currently face (made possible, in no small part, by the hapless, duplicitous current CA SoS Bruce McPherson)...

Have we mentioned that Bowen's victory in defeating McPherson is perhaps one the most important elections in the country if we hope to ever see Electoral Integrity in this country again? Sign on to support here...

UPDATE 10:28pm PT: Bowen and McPherson debated today. Video here. Haven't gotten to watch it yet, but McP would never out and out lie would he? Not before an important editorial board, right?

UPDATE 10:33pm PT: Whoops! Just watched the first five minutes and he already did! Go figure...I suspect there are many more to come.

UPDATE 10/18/06 4:37pm PT: Holy cow! Lies o' plenty! And more! Full coverage of the debate now here...

Guest Blogged by John Gideon

Tonight Kitty compares the paperless Direct Recording Electronic voting in Maryland to the potentially auditable and verified electronic voting in California. Guests were Dan Wallach of Rice University and California State Senator and Secretary of State candidate Debra Bowen.

The text-transcript of tonight's segment on Lou Dobbs Tonight follows in full...

Updating this item with the latest news on top now. See 'below the fold' for the earlier reports, and the map of Bowen's enormous win!

1:04a PT... I just got off the phone with Senator Bowen where she's just heard from Senator Ortiz who has conceded!

It was a remarkable win, in many ways, given the 56% undecided in the state just a few days ago, and the fact that she was outspent by Ortiz, who also ran TV spots over the weekend (Bowen didn't run any, by the way.)

I asked her then to what she attributes this victory (with a whopping 20%+ margin) to?

"I think it's a major victory for grassroots organizing. People sent out messages to their email lists, to their friends. We used the net and the blogs to get our message out. I think it's also that people are beginning to understand if you don't make sure that elections mean something, you will lose your democracy."

(The BRAD BLOG was one small part of that netroots efforts with our recent endorsement and interview of Bowen, which was crossposted over at Huffington Post. You guys did all the rest!)

Was she surprised? "I really had no idea what to excpect. The 56% undecided a few days ago was rather...unnerving."

So what's the message that needs to get out between now and November? "People need to take a look at what's happened in the Secretary of State's office. The issues with voter registration and his certification of these voting machines....I mean look at what happened today with the problems around the state. I'm concerned about what happened in Kern County...and I won in Kern County!"

Will you be looking into it? Even though you won it? "You bet I will!"

Our kind of patriot. (Some of those meltdowns reported earlier here.)

Glad it wasn't a squeaker. I gotta be up in about 5 4 hours to do a radio show...And tomorrow's gonna be another big day. I just have a feeling...Congrats Senator! We'll be right there with you through November!

See below for earlier reports from the evening and map as of 1:04am...

UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow in an update following our original coverage...

A last-minute Election Eve compaint has been filed in a Los Angeles courtroom within the hour calling on LA County's registrar of voters, Conny B. McCormack to immediately remove Diebold elecronic voting machine tabulators, said to have illegal access to the Internet as well as uncertified tabulation software, from counting rooms at the county's main facility in Norwalk, The BRAD BLOG has learned.

The plaintiffs in the case are Cindy Asner and Cynthia Henderson, LA County Chair of the Peace and Freedom Party.

The emergency filing, being heard at this hour, is based on an affidavit filed today by Green Party election system inspector, John Wenger, a PhD and retired software engineer from Northrup Grumman who has been tracking LA County's use of electronic voting machines over the past month along with several other inspectors from both the Green and Democratic parties. The BRAD BLOG spoken at length with Wenger over the weekend, and has reviewed a draft version of his declaration being filed with the suit. (The final version of Wenger's declaration is now posted at the end of this article.)

Los Angeles county is the largest voting area in California. The state is holding its Primary Election tomorrow. Touch-screen Diebold voting machines --- now shown to be hackable and highly vulnerable to malicious tampering at both the point of the voting machine itself and its central tabulator software --- are used for early voting only in LA County. Though early voting in LA began several weeks ago and ended last Friday, tabulation of votes cast during that period will not begin until the polls close on Tuesday evening at 8pm PT.

The race is an important one to Election Integrity advocates since state senator Debra Bowen is running in a primary race in hopes of winning the Democratic nomination to take on Republican CA Sec. of State Bruce McPherson who has been a supporter of vulnerable electronic voting machines, including Diebold's, in the state. As well, the LA County Registrar of voters, Conny B. McCormack has been a long-time supporter of Diebold and their election equipment and has even been featured, via photograph and endorsement, on promotional brochures distributed by the controversial Ohio company. (See graphic below.)

This year's primary is also being closely watched due to a Democratic primary challenge by anti-war candidate Marcy Winograd against powerful pro-war Democratic U.S. House Representative Jane Harman in the state's 36th U.S. Congressional district.

Further, another troubling detail about Diebold's touch-screen systems in the county was revealed on Friday of last week when The BRAD BLOG received an email indicating that one voter at least --- Michael Shure, a political commentator on Sirius Sattelite's The Young Turks radio program --- who voted on the Diebold touch-screen machines was given the incorrect ballot.

Shure, who lives in CA's 36th congressional district noted that his touch-screen ballot gave him the option to vote for Rep. Henry Waxman, who is running unopposed in his U.S. Congressional primary, instead of the Winograd/Harman race which should have been on his ballot.

"Unbelievable," Shure wrote in his email. "Had I not known, as I am sure many voters don't, who my Rep. was, and what district I live in, I would have been voting for someone else."

Indeed, Shure's experience underscores further dangers of combined precincts using elecronic touch-screen voting machines as Los Angeles offers during the early voting period when voters may go to any early voting location and cast their ballot on machines which --- supposedly --- offer them the appropriate ballot for their particular district.

The experience has left the Winograd campaign wondering how many other voters may have missed out on the opportunity to vote in that contentious race and whether or not they may need to file a challenge to the election in order to find out.

UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow below...

We don't generally do endorsements around here for the most part. In the case of California state Senator Debra Bowen's primary race to be the Democratic nominee for California's Secretary of State, however, we're more than happy to make an exception.

While many Californians --- and even more non-Californians --- may not know it, the path towards restoring America's crumbling democracy may well rest in a little noticed primary race that will take place here on Tuesday.

Bowen, as state senator and chair of the state's Election Committee in Sacramento, has led the way where few Democratic elected officials have even bothered to acquaint themselves. Specifically, Bowen has studied, learned, investigated, held hearings and delved deep into that murky territory of electronic voting, electoral integrity and the threat to our democracy posed by the privatization of our public electoral system by corporate interests using secret software to "count" America's votes.

As private and partisan corporations such as Diebold, ES&S, Sequoia, Hart InterCivic and all the rest have spidered out across the electoral landscape, usurping American values in the name of insidious corporate greed and at the expense of transparency, auditability and confidence in our once-great American democracy --- all at the cost and waste of billions of your taxpayer dollars, by the way --- few politicians have bothered to wend their way through the impossibly arcane and brain-withering technical details wherein the devil lies, most assuredly, in these matters of electronic voting.

An avowed computer geek, Bowen has been paying attention to these matters from the get-go while the vast majority of elected pols today do little more than whistle past democracy's graveyard. She has fought for electoral integrity by successfully moving legislation into law which mandates audits (only 1%, but hey, it's a start) and paper records (not paper ballots, but hey, it's a start) for every vote cast in the Golden State.

While one would think such ideas would be no-brainers for every state in the union, it's remarkable how few seem to give a damn about any of those ideas and, in fact, have gone out of their way to fight off mandates for such accountability in elections. Debra Bowen, on the other hand, does give a damn...

I'm speaking on Election Reform issues to the Culver City Democratic Club tonight at 8pm. Their site, www.CCDemClub.org has been hacked this morning in the bargain.

Joining me will be Arlene Pinzler from California Sen. Debra Bowen's office. Bowen is running for CA Sec. of State and must be supported, by the way! Her opponent in the Democratic primary, Deborah Ortiz, told the Sacramento Bee yesterday, incredibly, that she's satisfied with McPherson's certification of Diebold machines in the state and thinks "they're adequate to get us through the June 6 elections."

That is not a woman who belongs in the SoS office! Or even near it!

I any case, since details for tonight's event are no longer available at the Culver City Dem's site (but alot of hate-speech from hackers claiming to be representing Turkish Muslims is), here are the details. If you're in Southern California area, please stop by and say hello! And a note to Republicans: Happy to come on by and speak to your groups, too! Just let me know!

Culver City Democratic Club, 8pm (other business begins at 7pm)
Veteran's Memorial Building, Rotunda Room
4117 Overland Ave. (SW corner of Culver Blvd.)

Now I just have to find time to put something worthwhile together to speak about!