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Allegations of 2005 Mistatements of Revenue Concerning Voting Machines, Long-term Service Contracts by Truth-Challenged, Anti-American Company...
By Brad Friedman on 8/13/2006 12:21pm PT  

Blogged by Brad from the road...

Apologies in that normally this would have been a siren-worthy item on the day it broke (last Thursday) here at BRAD BLOG had I not been on the road and looking the other way for the most part (as I still am). Particularly since we've been following Diebold's financial malfeasance closely for some time, including breaking the original report of both the Securities Fraud Class Action suit against the company last December, and the SEC's original "informal" (now formal!) investigation of Diebold in May.

Hat-tip to Warren Stewart of VoteTrustUSA.org for picking up news of the now-formal investigation late last week (and to John Gideon who, naturally, noticed in last Thursday's 'Daily Voting News')...

Reuters is reporting that the U.S. Securities and Exchange Commission has begun a formal investigation into how Diebold recognizes revenue. In a public filing in May, Diebold has acknowledged that SEC staff had begun an informal inquiry but the company’s latest filing on July 27 reported that the investigation had been converted into a formal nonpublic investigation.

SEC investigations typically begin as informal inquiries. A formal inquiry is one in which the commission authorizes the staff to look at whether laws have been broken and carries the power to subpoena witnesses and documents.

Though both Diebold spokesman Mike Jacobsen and SEC spokesman John Nester declined to comment on the investigation, it was clear that the focus of the inquiry relates to Diebold's election division, Diebold Election Systems, Inc.

More at VoteTrustUSA...




Staff Writer/Columnist Jim Trageser Flails Against the Wind...and the Facts
By Brad Friedman on 8/11/2006 10:44am PT  

Blogged by Brad from the road...

UPDATE: Trageser sends us a one line reply to the following article (instead of bothering to return our call): "Thanks for the traffic bump!" was all that he wrote. To which we replied: "Thanks for not giving a damn about your country." We also realize we neglected to post Jim's contacts previously so you can thank him yourself. As posted with his "column", you may contact staff writer Jim at: (760) 631-6628 or jtrageser@nctimes.com. Letters to his editor may be sent to: letters@nctimes.com, though that's likely the same editor who allowed his factually incorrect and evidence-free article to be published in the first place, so who knows how much they actually give a damn about such things at The North County Times.

I've been completely off line for nearly a week, only to return briefly enough to find Jim Trageser's sad attempt at a column from Wednesday in the North County Times wherein he bashes the Busby/Bilbray election contest as nothing more than "a political stunt."

The evidence for his conclusions? Apparently he has none. Other than the "facts" he has simply made up out of whole cloth without, seemingly, bothering to speak to a single source involved in the contest.

Add to that several pieces of out-and-out incorrect information (he says that Bush beat Gore in 2000 and that "every post-election recount...all upheld Bush's narrow win in Florida" --- Here's the actual numbers from the studies you cite, Jim. Don't bother to read them, we'd hate to destroy your rich fantasy life) and you've got the perfect picture of everything that is wrong with today's lazy, faux media.

At one point, Trageser actually has the temerity to hunt and peck the following words out of his keyboard...

--- Click here for REST OF STORY!... ---




Matthew Cardinale of Atlanta Progressive News has the details
By Winter Patriot on 8/11/2006 6:03am PT  

Guest blogged by Winter Patriot

From BREAKING: McKinney Pursuing Legal Challenges to Elections in Georgia (with a few links added):

US Rep. Cynthia McKinney (D-GA) is pursuing numerous legal avenues to challenge the so-called "results" of not only her recent Primary and Runoff Elections, but also the fundamental reality that the current E-voting system in Georgia does not provide us with "results" that are in any way meaningful.

The Congresswoman and her attorneys and campaign are looking at ways in which they can either join or support Donzella James’s legal election contest filed last week, Donzella James, who is working closely with the Congresswoman, told Atlanta Progressive News. The US Department of Justice is already said to be investigating as well.

--- Click here for REST OF STORY!... ---




VoterAction Announces The Filing Of a New Motion of Preliminary Injunction In State Court
By John Gideon on 8/8/2006 2:39pm PT  

In a just issued Press Release, VoterAction has announced that California voters are challenging the use of the Diebold TSx touch screen voting system and that they have filed a motion for preliminary injunction in state court.

This announcement follows the July 18 announcement that an attempt by the state to move the original suit from the state courts to federal court had failed.

The press release follows:

--- Click here for REST OF STORY!... ---




Many other 'glitches' reported already --- and the polls have only been open for an hour!
UPDATED THREE TIMES!
By Winter Patriot on 8/8/2006 6:27am PT  

Guest blogged by Winter Patriot

An early-morning report from the headquarters of Congresswoman Cynthia McKinney's campaign indicates that voting is not going smoothly in Georgia's 4th Congressional District. Congresswoman McKinney is involved in a runoff election against Hank Johnson, after "failing" to gain 50% of the votes in the first round of the primary three weeks ago.

According to the McKinney camp,

Less than one hour into the voting day, multiple problems with the electronic voting machines have arisen. McKinney precinct watchers are reporting machines down already, insecure machines, and at least one 4th Congressional District precinct without McKinney's name on the ballot, but with her opponent's name on it.
...
Another location had to redo the zero report because the machine did not initiate at a zero count. And at yet another location, the voting machine where the voting card is inserted is not secure.

We've reported on McKinney's troubles in the first round of the primary (here and here) and we have also mentioned the smear campaign being waged against her --- and against opponents of electronic voting in general --- by the Atlanta Journal-Constitution, a so-called "newspaper" which is part of the so-called "Cox media empire". Judging from their coverage of the first round of the primary, we should not expect the AJC to pay any attention to the claims of irregularities in this election, regardless of how well documented they might be.

The BRAD BLOG, on the other hand, will continue to keep you posted.

--- Click here for REST OF STORY!... ---




They Stand By Their Man (Which Turns Out To Be Their Stated Purpose)
By Emily Levy on 8/7/2006 1:56pm PT  

Guest Blogged by Emily Levy

Claims that electronic voting equipment sleepovers are just peachy sound mighty defensive in an issue paper titled "Voting Equipment 'Sleepover' Practice" issued July 27, 2006 by the California Association of Clerks and Election Officials (CACEO).

"The California Association of Clerks and Election Officials (CACEO) recognizes that distributing secured voting equipment to poll workers prior to Election Day is an efficient, accountable, and transparent practice that contributes to the orderly and secure conduct of elections."

It may come as no shock that the president of the CACEO is none other than Conny McCormack, Registrar of Voters from Los Angeles County, pictured here on a Diebold brochure. San Diego RoV Mikel Haas is on the Board of Directors. Despite the CACEO not being a government entity, it has an important job to do. Why, its motto is even "Officium populi, office of the people." But wait! In their bylaws we find, under "Objects and Purposes":

"To Promote Welfare of Members: To promote the welfare of members of the Association and the counties they represent."

--- Click here for REST OF STORY!... ---




Update: More Groups Show Concern For Elections Procedures In San Diego County
By John Gideon on 8/7/2006 12:08pm PT  

Guest Blogged By John Gideon

Just released by the Green Party US is a Press Release from San Diego County, CA that states, in part, "The Green Party of San Diego County does not endorse the protocols used for obtaining and tabulating votes during the June 6 primary and previous elections. As we outline below, the process is fundamentally insecure leading to election results that are neither accurate nor verifiable."

The complete Press Release is below:

--- Click here for REST OF STORY!... ---




Article by APN's Matthew Cardinale includes quotes from Paul Lehto and Brad Friedman!
Cardinale: 'The lawsuit is believed to set a national precedent.'
By Winter Patriot on 8/6/2006 12:22am PT  

Guest blogged by Winter Patriot

Matthew Cardinale has the details:
BREAKING: Donzella James Contesting Primary in Georgia

A few choice excerpts:

"Good, I’m glad she’s challenging, she should!" Brad Friedman of the noted elections integrity website, BradBlog, said in a phone interview.

The Donzella James Campaign isn’t taking the same approach as say, Kerry/Edwards 2004. They aren’t trying to calculate the known malfunctions to see if they add up to greater than the margin of vote difference between more progressive James and the moderate Scott (35%). The point is, because of the lack of a paper trail, there is no way to determine how many unknown malfunctions there are.

"When you figure out something is wrong with these systems, you can’t get in there to see how much has gone wrong in these systems. It’s in the ether," Friedman said.

And:

Attorney Paul Lehto, who is contesting the Busby/Bilbray race in San Diego where voting machines were taken home with poll workers, has offered to provide informal advice to Donzella James. Expecting voters to trust E-voting as presently done is "like asking everyone to put blindfolds on," Lehto said. "I endorse this. It’s exciting that there’s an elections contest in Georgia."

Please read the entire article.




Examining Bookman's Opinion Smear Piece, 'THE LAME VOTE-RIGGING CRIES RETURN', from a Reality-Based Standpoint
By Winter Patriot on 8/4/2006 3:00pm PT  

Guest blogged by Winter Patriot

I've been reading the most incredible editorial, from the Atlanta Journal-Constitution:
THE LAME VOTE-RIGGING CRIES RETURN

It's also available here and probably elsewhere too.

Here's how it starts:

By JAY BOOKMAN
Cox News Service
08/02/2006

Cox News Service

ATLANTA --- After night comes day and after spring comes summer, so I guess we all should have seen this one coming.

Well, I for one did see this coming, but I don't think this means we all should have.

After U.S. Rep. Cynthia McKinney was forced into a surprising runoff in last month's Democratic primary, her campaign proposed a likely explanation: Electronic voting machines used in the election were made by Diebold.

You can see right away how "clever" Jay Bookman is! He admits that the result was "surprising" and that the explanation posed by her campaign was a "likely" one. It almost seems he's interested in telling the truth ... but not really.

Even on the cold hard web-page, Bookman's words are clearly dripping with sarcasm. And, in an era when unintended irony is all the rage for supporters of the current corrupt bunch of war-criminals posing as statesmen, I am not shocked to see a true statement such as this one, disguised as ... um ... listen: this is a family blog, for the most part, so let's just continue.

--- Click here for REST OF STORY!... ---




By Brad Friedman on 8/4/2006 9:03am PT  

Motel Blogged from the road by Brad...

In addition to the previous article mentioned in Florida, more Voting Machine 'Sleepover' coverage today, this time from Marc Songini in ComputerWorld...

A lawsuit has grown out of alleged breaches in security procedures around electronic voting machines in San Diego County after a hotly contested congressional election, throwing a spotlight on the reliability of the machines themselves.

The suit, filed on Monday, requests that a special election on June 6 to fill the 50th Congressional District seat be invalidated. It also seeks a complete hand recount of the paper ballots, said Paul Lehto, an Everett, Wash.-based attorney handling the case. The suit was filed in Superior Court in San Diego and names Mikel Haas, county registrar of voters, and Brian Bilbray, the winner of the seat, as defendants.

San Diego voters used AccuVote optical-scan and TSx touch-screen systems from Diebold Election Systems.

Whatever the specific merits of the suit, it could heighten some citizens' concerns about e-voting technology if critics' claims of the inherent security deficiencies get debated in court during the run-up to the fall elections.

One of the main points raised by the suit is the so-called sleepover policy, under which Haas directed that all the machines be released to poll worker supervisors before the election. These sleepovers lasted from three days to more than a week.

"During these sleepovers, the voting machines were unsecured, subject to access by innumerable neighbors, strangers and family members, and stored without records or proof of actual chain of custody, eliminating the ability of any person to detect whether or not fraud or improper access to the voting machines occurred," according to the lawsuit.

"The sleepover issue is fairly egregious," said Lehto. Tampering with one card in one device conceivably could change race results.
...
This lawsuit is an example of what could happen in upcoming contests, said Brad Friedman, who covers e-voting issues in his blog. "Is this the sort of thing we want to see happen in 435 House races, 33 Senate races and 20-something gubernatorial races around the country on Nov. 7 this year?" said Friedman.




Catskill Center For Independence Denies They Took Anything But Claim Money Was Offered...And This Isn't the First Such Example...
By John Gideon on 8/2/2006 8:55pm PT  

Guest Blogged by John Gideon

Today Oneonta, NY's The Daily Star reported that Chris Zachmeyer, executive director of the Catskill Center For Independence, said Tuesday that voting-machine manufacturers have tried to contribute money to her organization, which has given testimony on which voting machines Otsego County should buy.

"It’s happened a couple of times," said Zachmeyer, who declined to identify the manufacturers.

"I told them, ’I’d love to take your money, but I can’t,"’ Zachmeyer said. "Those were my words exactly, and I would love to take their money because they’ve got deep pockets and we’re a small agency."

"But to what end?" Zachmeyer asked. "We would lose any credibility that we ever had, and no amount of money is worth it.

"We exist totally on our credibility," she said. "If people don’t trust what we have to say, we might as well lock our doors and go home."

But with "millions of dollars at stake" it may well be that "back-door deals" may have been made as Voting Machine companies may be paying disabilities groups to testify on their behalf. It wouldn't be the first time.

As the article goes on to report...

--- Click here for REST OF STORY!... ---




By John Gideon on 8/1/2006 1:26pm PT  

Guest Blogged by John Gideon

Yesterday, according to an article in The Bakersfield Californian, a panel of California state senators held a hearing in Bakersfield to discern what happened in the county during the June 6 state primary. The panel consisted of Sen. Debra Bowen, D-Redondo Beach; Sen. Roy Ashburn, R-Bakersfield; and Sen. Joseph Dunn, D-Garden Grove.

The California Senate Select Committee on Integrity of Elections has launched an investigation into problems in elections in the state. That investigation started in Kern County (Bakersfield) with testimony by County Deputy Registrar of Voters Sandy Brockman, Diebold Election Systems official Mike Rockenstein, and other election workers.

Brockman stood in for her boss, Auditor-Controller Ann Barnett, who was on vacation and not available to answer questions about why some voters were not able to vote in the primary. In fact, the paper reports:

Ashburn asked why Barnett wasn't there to answer his tough questions about the decisions she made.

Brockman said Barnett was on vacation.

"She had scheduled vacation time prior to them calling this hearing," Brockman said.

Later, Ashburn said that "she (Barnett) chose not to be here. I got the impression at several points that Sandy Brockman had to take responsibility for actions that were made by Ann Barnett."

Ashburn was critical of Barnett immediately after the June 6 election. He called for Secretary of State Bruce McPherson to investigate the county's election bungles.

The questioning was all about mistakes:

Committee members pelted local elections officials with searing questions about why they failed the voters.

State Sen. Roy Ashburn, R-Bakersfield, asked why touch-screen voting machines failed and paper ballots ran out making voting nearly impossible for as many as 500 Kern County voters.

County Deputy Registrar of Voters Sandy Brockman, sitting in for elections boss Auditor-Controller Ann Barnett, took the brunt of Ashburn's questions.

Under his questioning, she said Barnett decided not to train elections workers on the use of paper ballots and decided to send only the minimum number of paper ballots to each polling place.

Elections workers testified they were told not to use paper ballots.

But when electronic voting cards failed, the paper ballots ran out and as many as 500 voters could have lost the chance to vote, Brockman said.

The Diebold representative got his turn to answer some hard questions from Sen. Dunn:

Diebold made the voting machines and electronic ballot cards that malfunctioned in Kern County on June 6.

Through the negligence of Diebold, Dunn said, hundreds of Kern County voters were turned away at the polls and lost their chance to vote.

If a chance to vote is priceless, Dunn asked Rockenstein, how much would Diebold be willing to pay voters who could prove they couldn't vote because of the company's mistakes?

Rockenstein said he had no answer to that question.

The next stop by the panel has been unannounced so far. Could San Diego Co. be very far down on their list?




Republican Primary Saw Popular Incumbent Nearly Lose, Save for a Hand Count of the Paper Ballots
Unlike San Diego's Busby/Bilbray Race, Iowa Election Officials Took Concerns of Election Accuracy Seriously!
By Brad Friedman on 8/1/2006 12:59pm PT  

"More evidence tonight that the security of our elections, the integrity of our democracy are at risk from electronic voting machines. A county in Iowa has just come close to putting the wrong candidate in office because of a massive programming error."

This Dobbs report underscores the problems in the Busby/Bilbray CA50 election fiasco, as the candidates shown as losing the election based on the optical-scan count in Iowa were later found to be winners --- but only after the ballots were actually counted by hand to determine if they were counted accurately by the machine! They were not.

By way of ironic side note, the Iowa Republican primary election in question, as we've noted here many time before, took place on June 6th --- the same day as the flawed Busby/Bilbray election...in which nobody has yet bothered to count the op-scan votes in order to find out if the results were reported accurately. Election integrity, it seems, is more important in some states than in others, we guess.

Says Dobbs in his closing remarks to Kitty Pilgrim: "If this message is not getting through that's emanating from every corner of the country using these voting machines, I don't know what it will take."


Video in Streaming Flash format...
Video in Windows Media format...

(Hat tip David Edwards for the video, John Gideon for the transcript and tracking, etc.)

The complete text transcript of the Lou Dobbs/Kitty Pilgrim report follows...

--- Click here for REST OF STORY!... ---




PLUS: Audio of Attorney Paul Lehto on Ed Schultz Discussing Details of the Case...
ALSO: Tons of Local Media Coverage of the Contest Filing...
By Brad Friedman on 7/31/2006 4:56pm PT  

Blogged by Brad on the road...

The case to challenge the announced results of the Busby/Bilbray election was filed today in San Diego County's California Superior Court as reported earlier this morning in some detail. The case number is: GIC870044 and may be downloaded here...

-- Busby/Bilbray Election Contest complaint, [PDF]

There's some extraordinary and fresh stuff in the suit that you'll want to read, since I'm still on the road and unable to cover as thoroughly as usual.

The local media covered the press conference held and attorney Paul Lehto appeared on Ed Schultz. Coverage of both follows...

--- Click here for REST OF STORY!... ---




By Brad Friedman on 7/31/2006 11:48am PT  

Blogged by Brad from the road...

I was able to listen in via cell phone to the Press Conference just held outside the San Diego courthouse where Attorney Paul Lehto has filed a lawsuit to contest the results of the Busby/Bilbray election.

I wasn't able to hear everything...but here are a few quotes as transcribed as best as I could from speakers Lehto, Judy Hess, Barbara Gail Jacobson and Mimi Kennedy...

--- Click here for REST OF STORY!... ---




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