-- Brad Friedman

I had the opportunity to ask an important question of both the legendary Leon County (Tallahassee), FL, Supervisor of Elections, Ion Sancho, and Los Angeles County's no-longer-interim Registrar of Voters, Dean Logan, last week here in Los Angeles.

Readers of The BRAD BLOG will remember Logan from his poor showing, as acting Registrar, in the handling of L.A.'s Super Tuesday "Double Bubble" ballot debacle, in which at least 12,000 mostly-perfectly-countable votes from the Democratic Primary went completely uncounted, as well as his handling of the failure I encountered myself, in the more recent state primary in June, when four of my own votes were printed incorrectly by the county's ES&S electronic voting system.

Sancho was in town for press avails, in advance of the opening of Dorothy Fadiman's new documentary Stealing America: Vote-by-Vote (opening for week-long runs in NYC on Aug 1st, and in L.A. on Aug 15th - DISCLOSURE: I appear briefly in the film). Logan, to his credit, was kind enough to show up, with his deputy Peter McNamara, for a screening of the film held by PDA last Thursday.

After the screening, Sancho, a compelling presence in Fadiman's film, as he was in HBO's landmark 2006 documentary, Hacking Democracy, answered questions, and the activists in the crowd managed to shoehorn Logan onto the stage to speak to a number of local concerns as well.

I took the opportunity to ask a few questions of both men, as captured by Alan Breslauer, with answers, on the video posted at the end of this article.

Of most important note, I wanted to know if either of them would commit to a hand-count of ballots in a handful of precincts this November, on an experimental basis, on Election Night. The count, in such a "pilot program" as I described it, needn't be the official count, but could later be compared to the results as reported by both counties' optical-scanners, since both L.A. and Leon County use paper ballots for their non-disabled voters.

As I've advocated to a few other election officials in the past, hand-counting in this small, experimental way would help us all to begin to compile data about the effectiveness --- or even, lack thereof --- of transparent, polling-place based HCPB (Hand-Counted Paper Ballots) on Election Night, as many Election Integrity advocates have called for...

As we broke earlier this week, after previous snubs and threats of subpoenas, Ohio's disgracefully-partisan former Sec. of State J. Kenneth Blackwell was finally set to testify to the House Judiciary Committee today (as well as another legendary GOP vote suppressor, former FEC chair and DoJ Voting Rights Division gamer, Hans von Spakovsky.)

After a late start, and a then a blackout of the Judiciary Committee's webcast feed just after Blackwell began his opening statement ("Thank you Mr. Chairman..." and then suddenly the feed went out), things picked up again during the opening statement of GOP propagandist/attorney Cleta Mitchell who went on and on about the same old nonsense concerning "voter fraud" via voter registration applications submitted by ACORN, the GOP's old "voter fraud" strawman...

The U.S. House Judiciary Committee's subcommittee on the Constitution, Civil Rights, and Civil Liberties will be holding a hearing this Thursday on "Lessons Learned from the 2004 Presidential Election."

Though no press release has yet been sent out by the Committee, and the link to the hearing's page at the Judiciary website is currently broken, The BRAD BLOG has both good news and bad news to report here.

The good news: Ohio's former Sec. of State J. Kenneth Blackwell has been invited to testify and has confirmed that he will actually show up this time, according to several Judiciary sources. Blackwell had previously snubbed the committee's earlier invitation to testify back in February about the myriad crimes that were committed on and by his watch in the 2004 Presidential Election.

Following his last refusal to appear --- when he responded to the committee claiming "my schedule will not permit me to attend the hearings" --- Judiciary Committee spokesperson Jonathon Godfrey hinted that a subpoena might be forthcoming if Blackwell continued to refuse to appear. This time, at least as of today, it looks like he's coming, according to confirmation by Godfrey this afternoon. Thus guaranteeing what should be a very lively hearing.

More good news: Shameless GOP "voter fraud" zealot and disgraced former FEC chair Hans Von Spakovsky will also be appearing. By invitation of the Republicans on the committee, amusingly enough. What were they thinking in inviting this embarrassment? Beats us, but we're happy to hear he'll be back on the Congressional hot seat. Thanks Repubs!

And then there's the bad news...

Guest Blogged by John Gideon, VotersUnite

As set up by the Help America Vote Act of 2002, the U.S. Election Assistance Commission (EAC) receives some advice from a Board of Advisors. The Board is made up of a set number of people representing groups like the National Association of Secretaries of State; National Governors Association; International Association of Clerks, Recorders, Election Officials and Treasurers; congressional leaders; and even two members of The Election Center, a vendor-sponsored group that promotes electronic voting. There are no voters groups and no one from the election integrity community on the Board. But then, who cares what the voters think?

The Board of Advisors is advising [PDF, pg 7] the EAC, via resolution, that they need to speed-up the certification process for voting systems. They want the system to be what it was under the old, rubber-stamp system headed by the National Association of State Elections Directors (NASED). They want the same system of testing and certification that has resulted in our voting systems failing in many elections and not even being compliant with federal standards.

Incredibly, the Board's recommendation to the EAC goes so far as to admit that a failed "common practice" of the past should, apparently, be re-instituted under the newer certification system. "The common practice since the introduction of electronic voting systems," they wrote, "has been to make hardware and software upgrades based on issues found in the most recent election in sufficient time to improve the voting systems for the next general election."

That is a stunning admission. That that is a system they'd like to return to is even more stunning.

The EAC is holding a public meeting in Phoenix later this month and the Board of Advisors' resolution is to be discussed by the commissioners. I sent the following email to the commissioners and staff of the EAC to voice my concerns about the resolution.

My letter to them follows in full below...

Blogged by Brad from the road...

More at ars technica...

The findings of the French study are hardly surprising to those of us who haven't been ignoring the exact same problems for years here in the U.S.. The difference, of course, will likely come in the way that France --- like other European countries, and decidedly unlike the U.S. --- responds to the findings...

Guest Blogged by Alan Breslauer

Guest Blogged by Rady Ananda...

"The voting industry sells crap, and that is the problem."
-Douglas A. Kellner, Co-Chair New York State Board of Elections

I received a cache of documents surrounding NY's electoral system. Some of this material indicates justified resistance to computerized systems that fail to perform as intended, despite being certified. Some exposes deliberate info-suppression, preventing election officials from acting in the best interest of the public. One NY attorney extensively researched NY's election law history, showing the wisdom and security of prior law. A University of Virginia professor researched lever voting machines and provides a dire warning about new technology with its paper-based audit trail. This lengthy piece synthesizes the material for those interested in New York's battle to retain election integrity or to implement wholly condemned systems that have failed across the nation.

Guest blogged by John Washburn

I have been a long time critic of the federal 2002 Voting System Standards (2002 VSS) and of the 2005 Voluntary Voting System Guidelines (2005 VVSG). In fact, both sets of standards are virtually worthless. There are two reasons for this. First, the requirements enumerated in the standards are, in and of themselves, much too weak for something as vital as administering an election. Second, both sets of standards have an explicit loophole that allows almost all the requirements — weak as they are — to be ignored. This second objection was first brought to my attention two years ago by Howard Stanislevic.

We now have proof that this loophole is used by the labs in order to “pass” systems that don’t meet the standards. The proof is laid out clearly in the most recent certification test report submitted to the Election Assistance Commission (EAC) by SysTest labs (one of the labs accredited by the EAC and the National Institute of Standards and Technology - NIST). SysTest recommended certification for the new voting system by Premier Election Solutions (formerly Diebold) even though the lab's findings listed 79 specific failures to meet the standards.

As you read this article, keep in mind that the standards actually allow 77 of these 79 failures to be ignored!...

As I've been on the road this week, Steve Heller (a.k.a. the "Diebold Document Whistleblower") was kind enough to step in for me during my regular Friday guest stint on the Peter B. Collins Show.

While it's perhaps a bit of a busman's vacation, I made the mistake of quickly checking out the podcast of yesterday's hour from my motel room after I got off the road last night, and though I've heard (and even told [PDF]) Heller's remarkable and heroic story a million times, I couldn't stop listening to the interview. Heller --- who, in addition to putting his life on the line for fair elections, is also now a colleague of mine, helping to head up our Velvet Revolution Election Strike Force --- is a helluva gifted and articulate spokesman on the issues of Election Integrity.

Feel free to listen up. You'll not regret the time well-spent. Download the MP3, or listen online below (about 40 mins, w/ commercials removed courtesy of PBC affiliate Green960)...

Reported by Brad Friedman, from the road...

The whistleblower lawsuit against voting machine company Hart InterCivic, as filed in federal court on behalf of former employee William Singer, has been withdrawn following a decision by the Supreme Court that makes pursuing the case nearly impossible, according to the law firm who originally filed the complaint.

The suit had been sealed for nearly two years as the Dept. of Justice asked for extension after extension during their decision on whether or not to join the case. Earlier this year, they ultimately decided not to join the case, as we reported last March, leaving the firm of Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A to proceed on their own. The DoJ declines to join some 76% of such cases.

In the interim, while waiting for the DoJ, the case of Rockwell Intl Corp. v. U.S. [PDF] came before the U.S. Supreme Court, and the findings in that decision, as attorney Mike Papantonio told The BRAD BLOG, has "made it next to impossible to proceed with any and all federal whistleblower (qui tam) cases."

The decision found that Rockwell was required to pay millions of dollars under the federal False Claims Act to the federal government, but that the relator of the case --- the insider who blew the whistle --- was not entitled to any of that money, nor even for the millions of dollars accrued in legal costs since the amended complaint, filed with the Justice Dept., included information about which the relator did not have direct inside knowledge.

The SCOTUS finding, as expressed for the majority by Justice Antonin Scalia, may well hamstring future whistleblower cases in federal courts, according to legal experts.

"I used to think qui tam was the way to go," Papantonio told me as his firm was weighing their decision on how to proceed after the case was finally unsealed, "but now I just don't know anymore."

Papantonio's Florida law firm has used the qui tam laws successfully in the past, and has taken on giants such as the Tobacco Industry. After he and his radio partner Robert F. Kennedy Jr. had learned about Singer's case from The BRAD BLOG --- we originally reported Singer's extraordinary saga back in early 2006 --- they decided to launch the federal fraud suit on his behalf later that year.

(I was interviewed about the withdrawal of the federal case by Mike Papantonio for this weekend's Ring of Fire radio program, which he co-hosts with Robert F. Kennedy, Jr.. A video version of the interview is also posted on their GoLeft.TV site. Both versions are now posted in full at the end of this article.)

Though the attorneys working on the case have gone out of their way to express their faith in both Singer and his remarkable complaint --- detailing more than 40 federal fraud allegations, and accusing Hart of doctoring voting machines, covering up system failures, including the loss and miscounting of votes, and other malfeasance, in order to attain contracts and payment under the Help America Vote Act (HAVA) of 2002 --- the chance that millions of dollars spent pursuing the case might be unrecoverable at the end of the process, even if successful, in light of the Rockwell decision, forced them to withdraw the complaint from federal court...

Blogged by Brad from the road...

From yesterday's Daily Texan...

On Wednesday, coverage of his testimony by the Dayton-Beach News-Journal (who endorsed Curtis during his 2006 run against Tom Feeney, the Republican U.S. House Rep who Curtis alleges asked him to create vote-rigging software) included this:

For those who don't know Curtis, where have you been? You can read his remarkable story, first broken by The BRAD BLOG back in late 2004, summarized here. He is now hoping to run against Feeney again in Florida again this year, though he must first win his Primary against a Democratic Party-backed candidate. If you'd like to help him beat the millionaire chosen by the short-sighted Dem insiders, please stop by (and feel free to donate!!!) at www.ClintCurtis.com.

DISCLOSURE: We were invited, by the Republican who heads the committee, to testify at the hearing this week as well. Due to prior travel plans, unfortunately, we were unable to be there, but happy that Curtis, and several others who we recommended, were able to show up and speak truth to power.

(Hat-tip to John Gideon's "Daily Voting News" from yesterday.)

I think we've kept our oft-made promise, so far, to bring you coverage of the 2008 Election that you will find nowhere else.

From the first Primary mess out of the box in NH; to Rep. Heather Wilson's vote-buying scandal in NM (she lost her bid for the Senate nomination, btw, poor dear); to thousands of "Double Bubble" ballots left uncounted on Super Tuesday in Los Angeles; to miscounted votes on Sequoia machines in NJ and the dope the company tried to put in charge of the "investigation"; to being called to testify to the U.S. Election Assistance Commission on their utter failures of federal oversight; to the federal fraud suit filed against Hart InterCivic; to their attempted takeover of Sequoia and our exclusive findings that the company doesn't even control its own software or intellectual property and their CEO has been busy lying about it; to nuns, students, vets, the elderly being disenfranchised altogether by the Supreme Court upholding unconstitutional Photo ID restrictions; to multiple races flipped by e-voting machines in Arkansas; to the continuing saga of voter fraud felon Ann Coulter and Fox "News'" attempts to ignore it; up to my very own e-votes getting flipped in L.A. the week before last; and so much more in between.

All that, just since the first few days of January this year.

We promised to keep an eye on the track conditions, even as everyone else was obsessed with the horse race, and so far, I think we've delivered.

If you are able to express your support with an online donation, it would be as appreciated as it is needed.

We have been forced to scale back our Summer travel plans for shortage of funds, and prices of fuel. But we've still got places we have to get to, beginning with a family commitment this coming week that will put us on the road again for the next several weeks.

Our 2008 Election Integrity Fund Drive continues, allowing you --- for as little as a $5/monthly commitment --- to receive any one of three items described at that link. If you can spare more per month, we'll toss in more Premium gifts in return.

If you can contribute at least $50 one time, we'll send you a collector's edition DVD of the remarkable documentary, Uncounted: The New Math of American Elections, hand-signed by the filmmaker, David Earnhardt. (DISCLOSURE: I'm in it, but it's a good film anyway.)

I can't express how much I hate asking folks for help here. Especially these days. But as blog ads have largely dried up for much of the blogosphere so far this season, and as The BRAD BLOG has no corporate or foundational funding, we have nowhere to go but to you.

If you can help us keep going, I commit to continuing the same investigative, muckraking, cry-till-ya-laugh, laugh-till-ya-cry coverage of our American democracy that you will find nowhere else. Although if I can find a few days off between now and the conventions, I'm gonna try to take 'em. Not that I usually have much luck at that sort of thing. But it won't stop me from trying.

As always, your support means the world. Thank you, in advance... --- Brad

Last week I reported in great detail that four out of the twelve votes I'd cast on my ballot on L.A. County's e-voting system, during California's state primary on June 3rd, were flipped to candidates that I hadn't voted for. The ES&S InkaVote Plus system printed my ballot incorrectly.

I was voting on the audio ballot voting system meant primarily for blind and visually-impaired voters. Had I not been able to inspect my ballot visually after it had printed --- for example, had I been blind --- I would never have known that I was about to cast votes for candidates that I had not selected.

Because the "disabled-accessible" e-voting system at my own precinct was not working, again, for the second election in a row, I was told I'd have to cast a provisional ballot on the "disabled-accessible" e-voting system at the other "precinct," in the same polling place, in the same room, as my own "precinct."

The machine had been down all day, and nobody had come out to replace or repair it, even though the county had been called early in the day and told about the problem. Last election, on Super Tuesday, the machine was also broken, and none of the poll workers would touch it, due to exposed wires.

This time, despite asking to vote in a specific party's open primary, I was given a non-partisan audio ballot to compound the fiasco when I tried to vote provisionally on the other "precinct's" e-voting system that was up and running, even though not a single voter had used it in either this, or the previous election.

The voting went smoothly enough --- even if it took 20 minutes to move through the short audio ballot, shorter than usual because it was a state primary, and because I wasn't allowed to vote in partisan races for some reason --- at least until it misprinted my selections, which I had confirmed as correct while actually moving through the audio selections.

Luckily, after noticing that the e-voting system had printed my ballot incorrectly, I was allowed to VOID that ballot, and this time chose to vote on a regular, hand-marked paper ballot instead. My hand filled in the ballot far more accurately than the computer did.

That night, I alerted officials at the CA Sec. of State's office and L.A. County's acting Registrar of Voters, Dean Logan, about the problem, and the machines and ballots in question were isolated for testing. Whether someone who wasn't a loud, muckracking journalist, specializing in issues of election integrity, would have had that kind of quick service, I can't tell you.

Logan promised the machine would be tested, and the SoS office promised to follow the testing closely.

Earlier this week, Logan sent me an update via email, with photos, on what the investigation had so far found. The problem, Logan wrote, is being attributed to the "human error" of the poll workers who, he says, entered incorrect information into the e-voting system when setting up my ballot for me to vote.

Logan's complete email, detailing the findings of the cursory investigation to date, follows below, along with my email in response to it. As you'll see, the all-too de rigueur "human error" excuse does not sit well with me...

Guest Blogged by Alan Breslauer

Looks like we're coming into rewards season at the White House for longtime Bush loyalists. Of course, we thought that's what the last seven year were about, but we digress.

Apparently, being named as a criminal co-conspirator in Articles of Impeachment is worthy of a prize from this particular White House, as Bush/Cheney '04 Inc.'s self-proclaimed "non-partisan" "longtime voting rights advocate" --- and not-self-proclaimed national champion GOP vote-suppressor Thor Hearne --- received yet another thank you gift from the White House today: A non-partisan appointment to a "non-partisan Commission" (according to the nationally renowned liar Thor) by George W. Bush.

Jo Mannies of the St. Louis Post-Dispatch, one of the few reporters Thor will answer the phone for (other than those at "liberal media" outlets such as NYTimes, NPR, USA Today and again at USA Today) writes today, while failing to note Hearne's infamous entry into the history books on the floor of the U.S. House this week...