According to the Initial Report from a landmark independent forensic audit of the Venango County, PA, touch-screen voting system --- the same system used in dozens of counties across the state and country --- someone used a computer that was not a part of county's election network to remotely access the central election tabulator computer, illegally, "on multiple occasions." Despite the disturbing report, as obtained by The BRAD BLOG and posted in full below, we may never get to learn who did it or why, if Venango's County Commissioners, a local judge, and the nation's largest e-voting company have their way. And that's not all we won't get to find out about.

The battle for election integrity continues in Venango, with the County Commissioners teaming up with e-voting vendor Election Systems & Software, Inc. (ES&S) on one side, and the county's renegade interim Republican-majority Board of Elections on the other. The Commissioners and ES&S have been working to spike the independent scientific forensic audit of the county's failed electronic voting machines that was commissioned by the interim Board of Elections. Making matters worse, the Board has now been removed from power by a county judge, a decision they are attempting to appeal as the three-person board and their supporters continue to fight the entrenched establishment for transparency and accountability in the rural Western Pennsylvania county.

The extraordinary battle began when the interim Board was appointed by a county judge to oversee elections in the Republican-leaning PA county last spring. Normally the County Commissioners serve as the Board of Elections. But when they themselves are up for election, as they were this year, the county court judge names a specially appointed Board to cover the election and serve until the end of the year, or until they are dismissed by the same court.

When the interim Board of Elections --- comprising two Republicans and one Democrat --- took power this year in Venango, they unanimously set about commissioning the landmark, independent forensic audit of the county's 100% unverifiable ES&S iVotronic touch-screen voting systems, on the heels of sworn testimony from voters about several failed elections over recent years, beginning in 2008.

After months of legal wrangling, with County Commissioners in opposition, the special Election Board's independent study of the County's ES&S iVotronic voting system finally got under way in late September. At that time, a hard drive clone of the computer which runs the ES&S central tabulator system (known as the "Unity Election Reporting Manager") was created and given, along with other data, to two Carnegie Mellon computer science professors who had volunteered to carry out the analysis on behalf of the Board. The Board also announced that the November election this year would be carried out on an optically-scanned paper ballot system, also made by the county's vendor, ES&S, while the reported anomalies from their May 2011 primary election, run on the unverifiable touch-screen systems, were being examined by the scientists.

But now, as documents and letters obtained by The BRAD BLOG reveal, the voting machine company, Omaha-based ES&S, which had issued no objections prior to the start of the study, but changed its mind quickly after it began (as we detailed in an Exclusive report in late October) has now hardened their position, sending threatening legal letters to both the county and the two computer scientists. The e-voting firm has warned them they are likely to face a lawsuit if they do not agree to complete confidentiality and if results of their analysis are released publicly without their prior review and approval.

Shortly after ES&S' legal threats were issued last month, a county judge released the interim Board from their duties (a move now being appealed by the Board) and the County Commissioners, who had fought tooth and nail against the analysis even being undertaken in the first place, are now back at the helm. According to members of the interim Board, the County Commissioners seem likely to "white wash" and/or quash the entire analysis and a plan for continuing the investigation before it can be completed or even see the light of day.

The BRAD BLOG, however, has obtained a copy of the Initial Draft of one of the forensic studies by the Carnegie Mellon computer scientists. Findings from the report [linked in full below, along with ES&S' threat letters], include a number of disturbing, and so-far unexplained revelations that should raise alarm bells for voters in virtually every corner of the nation as we head into another Presidential election year.

Among those findings: details on unexplained, out-of-sequence activity log entries in the computer tabulation system, indications that the system was mounted several times with a "USB 'flash drive'" device, and, perhaps most troubling, evidence that the system was repeatedly accessed by an unidentified remote computer, for lengthy periods of time, on "multiple occasions."

The entire affair has left members of the interim Board --- which includes the Chair and Treasurer of the local Republican Party, as well as the former Chair of the Democratic Party --- hopping mad. They're asking questions about motivations of both the County Commissioners and ES&S and describing their actions as a "cover up," even as they take legal action to try and complete the work they had begun months ago, after first hearing sworn testimony from voters, describing major failures with e-voting machines at the polling place in recent elections...

[Now UPDATED with audio archives below...]

It's our last night guest hosting the nationally syndicated Mike Malloy Show this week! Hope you can join us. I promise a BIG show tonight!

Once again, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• CATHERINE CRIER, formerly of CNN and CourtTV on her new book, Patriot Acts: What Americans Must Do to Save the Republic and so much more!
• PLUS! Election results flipped in Utah, new news on the Venango County, PA audit of failed ES&S e-vote systems, and much more as the Occupy Wall Street uprising continues, along with your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: On our last show before the Thanksgiving break, I'm thankful to the Malloys and all of their listeners for welcoming me so warmly each time I'm able to sit in. Thanks to you all. We had a helluva show tonight, with some very important news, interviews and calls. They all follow below in the commercial-free archives...

Despite failing to object for months prior, the nation's largest electronic voting system vendor, ES&S, is now attempting to stop a landmark independent examination of their e-voting systems in a Pennsylvania county dead in its tracks.

An October letter from the company, obtained by The BRAD BLOG, charges that Venango County, PA, is in violation of their contract agreements with the Omaha-based e-voting Goliath, even as two volunteer Carnegie Mellon computer scientists are in the midst of a forensic audit of the county's May 17 primary election. The county's investigation comes on the heels of apparent failures of the ES&S iVotronic touch-screen voting system during their recent primary and several other recent elections in Venango.

The 100% unverifiable ES&S iVotronic system has failed in a number of elections nationwide, but is still widely used across the country and slated for use once again in more than a dozen states in next year's Presidential election.

The Venango study, which we first reported on in early October as it began, came about after worries arose during a 2008 election when the ES&S system reported that some county candidates "had zero votes," as the county's Republican Board of Elections chair, Craig Adams, recently told us while we were guest hosting the nationally syndicated Mike Malloy Show.

Confidence in the system flagged once again, more recently, according to VotePA.us founder Marybeth Kuznik, after "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates" in the Republican-leaning county's May 17 primary.

The county Board of Elections, currently comprising two Republicans and one Democrat, begs to differ with the ES&S claim that the county is in violation of its contractual agreements. The claim is "disingenuous at best," according to a legal memorandum obtained by The BRAD BLOG, from the Board's counsel. We've also obtained and reviewed ES&S' letters to the county and the county's agreement with the two independent computer analysts. The documents appear to back up the Venango attorney's assessment...

Last week we wrote about Venango County, PA's landmark independent forensic audit of their 100% unverifiable ES&S iVotronic touch-screen voting machines. The heavily-Republican county will be moving to paper ballots this November, as their systems are now being examined by computer scientists from Carnegie Mellon University following what Marybeth Kuznik of the non-partisan Election Integrity group VotePA.us described to us as "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary."

In our coverage last week, we highlighted the comments of Venango's Republican Election Director Craig Adams who asked at a presser, as the examination finally got underway following months of legal wrangling and opposition, "What is a vote worth?"

"If the vote is counted it is priceless," he continued. "If it is not counted, I don't care what it costs. Let's get a right."

On Friday night, as I was guest hosting the nationally-syndicated Mike Malloy Show last week, Adams was kind enough to call in to the show. [Audio posted below.] We didn't know we'd hear from him, but when he called in I was delighted to take his call, as he had more information to share on what had led to his Election Board --- currently comprised of two Republicans and one Democrat --- fighting together to move to paper ballots, and to see their machines independently examined.

"It started with an election in 2008 when the machines were basically showing a large number of undervotes," he explained. "And then there were candidates for positions in the county and they had zero votes, but there was like 250 or 260 undervotes..."

"Wait a minute," I interrupted. "There were people who had zero votes on the ballot? Is that normal?," I asked.

"No. No, it is not normal," he responded bluntly. "And so, ya know, that was a red flag"...

[Now UPDATED with tonight's audio archives below!]

The revolution may not be televised...but it will be radio-active as we #OccupyYOURPublicAirwaves!

I'll be guest-hosting the nationally syndicated Mike Malloy Show tonight, tomorrow and Friday as Mike heads to D.C. to emcee the kick off of the October2011.org demonstration and we'll be

As ever, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• MIKE MALLOY, host of some radio show or another, checking in with a preview of the October2011.org/OccupyWashingtonDC.org protests in D.C.
• JESSE LAGRECA, the protester who gave Fox "News" what for in an interview that will not be airing on Fox "News" from the #OccupyWallStreet demonstration.
• DR. ROGER JOHNSTON, of Argonne National Laboratory's Vulnerability Assessment Team on his recent, chilling $26 remote control hack of a Diebold (and Sequoia) voting machine.
• PLUS! Calls from "Occupations" and "Occupiers" around the nation (leaving Hour 3 open for calls from you guys! #OccupyYOURPublicAirwaves!) and anything else that you'd like to talk about at 877-520-1150 and with your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: The uprising begins. A helluva show tonight. You can check it all out below in the commercial-free audio archives (along with the chat room archives). Enjoy!...

Guest blogged by Ernest A. Canning

"What is a vote worth?" Venango County, PA's Election Board Chairman Craig Adams, a Republican, asked last week. "If the vote is counted it is priceless. If it is not counted, I don't care what it costs. Let's get a right."

"After months of legal wrangling," Marybeth Kuznik of the non-partisan Election Integrity advocacy group VotePA told The BRAD BLOG last week, Venango County's landmark independent forensic examination of the notoriously unreliable and 100% unverifiable ES&S iVotronic Direct Recording Electronic (DRE, most often touch-screen) e-voting system finally got under way.

Kuznik explained that the study comes in the wake of the heavily Republican-leaning county having experienced "numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary." Some candidates on the ballots even were reported by the voting machines to have received zero votes...

This afternoon on my Pacifica Radio show on KPFK here in Los Angeles (and up and down the West Coast) I interviewed Dr. Roger Johnston of Argonne National Lab's Vulnerability Assessment Team on their $26 "Man-in-the-Middle" attack on a Diebold touch-screen voting system as I reported yesterday in my exclusive at Salon (and here at The BRAD BLOG.)

While yesterday's reports included information on the team's previous, similar-ish hack of a Sequoia touch-screen system, and the fact they feel they could do the same with most other e-voting systems, among the interesting new points raised during our discussion on KPFK today is that Johnston believes they could use a similar method to manipulate the vote count on a paper-ballot based optical-scan system as well!

So, in other words, the low-rent attack Argonne has demonstrated --- requiring no knowledge of the voting system software, $10 to $26 in off-the-shelf computer parts, and little more than an 8th grade computer lab education --- could also be implemented not just on touch-screen e-voting systems, with or without a so-called "paper trail," but also on the paper ballot op-scanners used to count the majority of votes that will be cast in the U.S. in next year's Presidential election.

(And if you're now wondering: "Well, what the hell should we be using to tabulate our elections?!" I'll refer you to this "Democracy's Gold Standard" special comment of mine, as taken from a recent Mike Malloy Show which I posted a few months ago.)

Here's my interview with Dr. Johnston today...

Download MP3 or listen online here [appx 28 mins]..

P.S. There's been a fair bit of follow-up coverage of my Salon article yesterday, here's a few of the better reports I've seen, at The Register, ComputerWorld, CNET and MSNBC.com.

Note: Of the media outlets listed above, only CNET got the ownership of Diebold voting equipment correct in their reports. Both The Register and ComputerWorld incorrectly report that ES&S now has ownership of what had been Diebold Election Systems, Inc. In fact, while ES&S, the world's largest e-voting company, did purchase the company (that some refer to as DESI, but I do not, for personal reasons) in late 2009, the DoJ ordered them to sell it off due to anti-trust concerns. It was then purchased by Canadian firm Dominion Voting, though ES&S was allowed to retain a fair number of the contracts from Diebold jurisdictions that preferred to stay with ES&S. So while Dominion officially owns what was Diebold's election division, ES&S still maintains and services many Diebold machines as well. Dominion also took over Sequoia --- and lied about it --- shortly thereafter.

[UPDATE 9/28/11: I interviewed Argonne National Lab's Roger Johnston on my Pacific Radio show on KPFK today. In the interview, Johnston concedes that it's not only touch-screen systems of the type described below which are vulnerable to this newly developed hack, but that paper-ballot based optical-scan systems can likely be manipulated by the same techniques. My interview with Johnson is now posted here. - BF]

The Vulnerability Assessment Team (VAT) at the U.S. Dept. of Energy's Argonne National Laboratory in Illinois has managed to hack a Diebold Accuvote touch-screen voting machine in what I describe at my exclusive today at Salon as perhaps "one of the most disturbing e-voting machine hacks to date."

As noted by the computer scientists and security experts at Argonne's VAT, largely all that's needed to accomplish this hack is about $26 and an 8th grade science education.

"This is a national security issue," VAT team leader Dr. Roger Johnston told me, echoing what I've been reporting other computer scientists and security experts telling me for years. "It should really be handled by the Department of Homeland Security."

Johnston should know. While the VAT folks have been dabbling in the security (or lack thereof) of e-voting systems in their spare time of late, most of the work they do is related to issues like nuclear safeguards and non-proliferation.

What makes this hack so troubling --- and different from those which have come before it --- is that it doesn't require any actual changes to, or even knowledge of, the voting system software or its memory card programming. It's not a cyberattack. It's a "Man-in-the-middle" attack where a tiny, $10.50 piece of electronics is inserted into the system between the voter and the main circuit board of the voting system allowing for complete control over the touch-screen system and the entire voting process along with it.

Add an optional $15 radio frequency remote control device, and votes can be changed, without the knowledge of the voter, from up to half a mile away. Without the remote, the attack can be turned on and off at certain times, or by other triggers. The voter would have no idea that their votes have been changed after they've already approved them as "correct" on the various confirmation screens, and even on the so-called "paper-trail" (on e-voting machines which offer them --- though VAT has learned how to manipulate those as well, see photo at right.)

The inserted chip can later be removed after the election without there being any way to ever know that someone had completely manipulated the system. But since election officials rarely --- if ever --- examine the inside of their voting machines, it doesn't much matter, in truth.

"The level of sophistication it took to develop the circuit board" used in the attack "was that of basically an 8th grade science shop," says Argonne's John Warner. "Anybody with an electronics workbench could put this together."

The team, he says, had no knowledge of the voting machine's computer circuit diagram or owner's manual when they devised the attack. Moreover, VAT team leader Roger Johnston told me they believe they "can do similar things on pretty much every electronic voting machine." Indeed, in 2009, with little fanfare, they were able to carry out a similar manipulation of a Seqouia AVC Advantage e-voting system (as used across most of the state of New Jersey, for example). You can see that video demo here.

The team at Argonne has shared their demo video of the new Diebold Accuvote hack exclusively with The BRAD BLOG, as posted below. But please go check out the full details over at Salon (where we've embedded the video as well). The full details are chilling --- particularly as about 20% to 30% of U.S. voters are still set to use Diebold touch-screen systems, and others very similar to it, across the nation in the 2012 election cycle, no matter how many years The BRAD BLOG has been desperately trying to illustrate that these systems are simply antithetical to American democracy.

Among the states where voters will use these systems on Election Day in 2012, according to VerifiedVoting.org: Georgia, Maryland, Utah, Nevada, New Jersey, Pennsylvania, Indiana, Missouri, Texas and many more.

Almost five years ago to the day, I broke the story of Princeton's landmark Diebold Virus Hack in another exclusive for Salon. So while I'm delighted to break the news of this new type of hack over there today, it's somewhat frustrating that it's even necessary at this point, as we head into yet another Presidential election cycle having changed so little despite all that we've learned. Nonetheless, please go check out my story over there today.

Beyond that, the video demonstration itself from Argonne, of the remote hack of a Diebold Accuvote touch-screen system follows below...

Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

Wisconsin's old State Elections Board website (http://elections.state.wi.us/) appears to have been "hacked by Sovalye"...

[Hat-tip Election Integrity advocates Jeannie Dean, Neal Schulz and the folks at the Facebook Election Integrity group.]

[Update 7:19p CT: It looks as if officials have now restored the site. Sort of. Hat-tip again to Neal Schulz.]

The State Elections Board was replaced by the WI Government Accountability Board (G.A.B.) in 2008 as the state's top election authority, combining responsibilities of both the Elections Board and the State Ethics Board into the agency. The G.A.B.'s website (http://gab.wi.gov/) does not appear to be hacked. For now.

Of course, that's just a website, not an actual election or e-voting database. So just because the state's Elections Board website proved to be insecure and was hacked does not mean their actual elections are vulnerable to hacking in any way, shape or form, right? That, even though the state, shamefully, does not bother to check even a single ballot to make sure it has been tallied accurately during an election by its computer op-scanners made by Diebold, Sequoia, and ES&S.

Why worry?

The BRAD BLOG has been warning about the manipulation of e-voting systems for years, along with members of the world's computer science and cyber security communities, and even the CIA, as our own Ernie Canning noted just last week. And yet, our nation continues to use the same vulnerable e-voting systems to tally our elections, rather than bothering to count them with our own, far more reliable and verifiable, hands and eyes, as per Democracy's Gold Standard.

I could link back to all sorts of e-voting hacks we've reported on over the years here, like this one from Princeton in 2006 or this one from the U. of MI in 2010 or this bone-chilling warning from the CIA in 2009, but they'll mostly likely just be ignored. Again.

Instead, we'll just tease you for now with news of yet another new e-voting hack --- perhaps the most disturbing one yet in a number of ways --- that we'll be reporting on very soon. Let's call that one a special delivery for election officials like Jones County, MS, Circuit Clerk Bart Gavin, who reportedly told his county Board of Supervisors this past week that the Diebold touch-screen voting machines used by the entire county "record every vote and there is no way for them to be tampered with."

Really, Bart? You're gonna stick with that, are ya?

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

For weeks, we've been reporting on the mess seen in the statewide "recount" of Wisconsin's very close and very contentious April 5th Supreme Court election between Republican incumbent Justice David Prosser and his challenger, Asst. Attorney General JoAnne Kloppenburg.

As The BRAD BLOG obtained evidence of new irregularities this week --- to add to previously reported revelations of, among other irregularities, ballot bags discovered "wide open" with mismatched or missing serial numbers as well as ballots discovered completely unsecured, all in violation of the secure chain of custody, and other similar messes and mistallies across the state --- we wanted to find out if the state's chief election agency, the Government Accountability Board (G.A.B.), was able to confirm that the ballots counted during the "recount" were actually the ones cast on Election Day. And, if so, how they could confirm that.

To date, with about 25,000 "recounted" votes still to be canvassed from the now infamous Waukesha County, some 2,690 votes have been discovered during the "recount" to have been originally mistallied. That's according to the G.A.B.'s own figures, and includes hundreds of thousands of ballots which were simply re-tallied rather than counted by hand during the "recount," on the same computers which tallied them --- either correctly or incorrectly --- on Election Night.

31 out of the state's 72 counties counted some or most of their ballots by hand for the first time during the "recount" (including several of the largest counties). But, given the fact that supposedly "secured" ballot bags were discovered during the "recount" to have been "wide open" and not secured at all, with little or no explanation from officials, after being accessible for weeks by the same untrustworthy and partisan election officials, such as Waukesha's County's activist GOP County Clerk Kathy Nickolaus, who screwed up the tabulation in the first place, how is it that anybody knows if the ballots finally counted by human beings are actually genuine?

We've been trying, with no small amount of frustration, to get a definitive answer from the G.A.B. on that question for the past week, as well as from the campaigns of both candidates in the race.

The G.A.B. generally agrees with the campaign of the election's current leader, incumbent Justice David Prosser, that broken security seals, opened ballot bags --- even some that are torn open and taped back shut with duct tape, as seen in Waukesha County this week (photos below) --- and other violations of chain of custody are of little concern. So long as the newly tabulated results largely match the results printed on the poll tapes by the computer tabulators at the end of Election Night on April 5th, that is, essentially, close enough for government work.

The G.A.B. and the Prosser campaign, as we confirmed with each directly, and as the G.A.B. indicated on a recent post to their website published in the wake of the specific questions we've been asking them --- are placing their faith largely in the accuracy of the state's oft-failed, easily-manipulated, privately-manufactured electronic voting systems made by companies like Diebold, ES&S, and Sequoia. They are also placing faith in their election official colleagues around the state.

All of which begs the question: What's the point of having a "recount," or of using security procedures and physical seals for the ballots after the election, if violations of those procedures and seals are of little concern to the state's top election agency?

Worse, if the results printed on the poll tapes are the ultimate proof of the accuracy of results, what happens when --- as discovered among poll tapes from the City of Pewaukee in Waukesha County late last week --- the "recount" uncovers "Official Results Report" poll tapes dated a full seven days before the actual election was held?

Or, worse still, what happens when poll tapes failed to print at all on Election Day, as has been seen in a number of towns across the state?...

[See UPDATES at bottom for Bowen statement, final reported results...]

Yesterday, California's Republican-supported Prop 14 --- which voters approved last June, changing the state's separate party primary system to a single primary for all candidates, with the top two vote-getters going on to a run-off election if none receives more than 50% of the vote --- had its first official try-out in the Special Election to replace the resigning Blue Dog Democrat and unrepentant war supporter Rep. Jane Harman in the state's 36th Congressional District.

While similarly "Blue Dog" Democratic candidate and L.A. City Councilwoman Janice Hahn was in the lead last night as results were reported throughout the evening, it was the battle for second place, and therefore the right to participate in the run-off, that presented a real late-night nail-biter twist as unofficial precinct results were completed in the wee hours.

With Democratic CA Sec. of State Debra Bowen running second and seemingly headed for the run-off with Hahn for most of the night, according to L.A. County's running totals, the final unverified results inched self-financed Republican Craig Huey into the second place spot by just 206 votes at evening's end, after all 261 precincts in the very Democratic-leaning CA-36 were tallied.

With nearly 10,000 mail-in, provisional and other votes still to be tallied on the county's optical-scan system, however --- a system which was decertified and then conditionally re-certified, in part, by Bowen herself in 2008 --- the result of the cliff-hanger is likely to ensure "busy days ahead" at the L.A. County Registrar Recorder/County Clerk's office as Dean Logan, L.A. County's Registrar Recorder/County Clerk, noted last night on his personal Twitter account...

It is now officially impossible to know whether thousands of paper ballots being counted in the state of Wisconsin's Supreme Court election "recount" are the same ones actually cast on Election Day. It didn't have to be that way, unlike in Kentucky, where the voters never had a chance, and where high-ranking election officials have now been sentenced to more than 150 years in federal jail following "decades" of manipulated elections.

Thanks to serious chain of custody violations in Wisconsin --- such as ballot bags discovered to have been left "wide open" and unsealed in Waukesha County, and ballots left completely unsecured for weeks in the office of the Verona City Clerk in Dane County --- that now make it quite likely the real winner of the April 5th election for a 10-year term on the bench of that state's highest court will never be known for certain. That, even though thousands of votes have now been verified as having been miscounted during the state's partial hand-count, and even as the hotly-contested seat in question will determine the ideological balance of the court during one of the most contentious moments in Badger State history.

The majority of voters in Wisconsin cast their votes on hand-marked paper ballots. However, due to a failure to count those ballots publicly on Election Night, at the precinct, in front of the public (as per "Democracy's Gold Standard"), citizens are left guessing and forced to place misguided trust in partisan election officials like GOP activist and Waukesha County Clerk Kathy Nickolaus and her unsecure chain of custody and election reporting procedures.

With results that will never be known for certain, the razor-thin contest has now become a fully "faith-based election," in contradiction to the checks and balances necessary for true self-governance.

But where Wisconsin could have had an overseeable and fully verifiable election in which voters might have had confidence, voters in Kentucky, for years, never even had a chance as they were forced to vote on 100% unverifiable touch-screen voting machines.

The good-ish news? That is changing, as much of the Bluegrass State is finally turning to the use of hand-marked paper ballots, though they plan on tallying them similarly to Wisconsin, via oft-failed, easily-manipulated optical-scan systems manufactured by private vendors, rather than counting them transparently in front of the public.

Given Kentucky's recent history, that's a particularly troubling prospect, as underscored by several developments in two different counties in the state of late.

In 2009, a spate of high-ranking election officials in Clay County, KY --- including the County Clerk, a Circuit Court Judge, the School Superintendent, a former Magistrate, and several polling place officials --- were arrested in a massive vote buying/selling and electronic vote-machine rigging conspiracy which netted the criminals millions of dollars over the past decade. The federal charges included the County Clerk and other members of the Board of Elections having intentionally falsified election reports to include inaccurate voting results when submitted to the state.

One Republican election official pleaded guilty after the arrest two years ago, and the other eight were found guilty and convicted last year in federal court. They were sentenced this past March to a total of more than 1,871 months in federal prison.

And last week, in a separate, newly developing case, state officials impounded electronic voting machines in Perry County, KY, after Republican candidates in last November's election complained of "vote rigging" on the county's 100% unverifiable electronic voting machines...