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The Secret Koch Brothers Tapes...

By Brad Friedman on 11/15/2004 12:28pm PT  

According to the Nashua, NH Telegraph it appears that Ralph Nader's demand for a recount in New Hampshire will in fact occur:

Nader has initially asked state election officials to count ballots in eight communities, including Litchfield and Pelham, but he has the right to a statewide recount as long as he pays the entire cost, Secretary of State Bill Gardner said.
...
The earliest this recount could begin is Nov. 24, the day before Thanksgiving Day. That's because the next two weeks are already packed with more than a dozen recounts of legislative races.
...
Nader has alleged that “irregularities'' in the optical scanning voting machines appear to have inflated the totals that Bush should have gotten in several key states.

Cities and towns in New Hampshire all either use paper ballots or these optical scan ballots manufactured by the Diebold Corp., whose chief executives contributed to Bush's re-election.
...
Nader campaign officials questioned Gardner this week about why Bush got a much higher percentage of the vote in southern New Hampshire communities against Massachusetts Sen. John Kerry than he did four years ago against Vice President Al Gore.

All eight communities that Nader has asked to be recounted first - Litchfield, Pelham, Sandown, Newton, a ward in Somersworth, Danville, Salem and four wards in Manchester - are within a half-hours drive from the Massachusetts border.

“They couldn't understand why Senator Kerry could do so well in these communities in the primary and then under-perform compared to the 2000 election against Bush,'' Gardner said.
...
“We made every effort to accommodate the Nader campaign's recount request, and as a result it will come to pass,'' Fitch added.

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Reality: Hundreds Dead, including 68 U.S. Troops in 11 days.
By Brad Friedman on 11/15/2004 11:39am PT  

While Rush Limbaugh told his listeners this morning about the "really great news" in Fallujah, some folks may see it differently.

In case you haven't been paying attention (and the media, as usual, hasn't much helped), we've now lost 1189 1194 U.S. troops in Iraq since the who charade began. 68 died in the 11 days following the election alone at the rate of nearly 7 dead U.S. troops per day.

So far this month, troops are dying at a higher rate than any since the invasion of Iraq in March of 2003.

As to the "really great news" in Fallujah, Bilal Hussein, a photographer from AP didn't see it quite that way. The story of his harrowing escape from Fallujah is recounted in this AP report. Here's a highlight of some of the "really great news" from that report, like the incident where U.S. forces shot a family of five as they tried to escape the onslaught:

"Destruction was everywhere. I saw people lying dead in the streets, wounded were bleeding and there was no one to come and help them. Even the civilians who stayed in Fallujah were too afraid to go out," he said.

"There was no medicine, water, no electricity nor food for days."

By Tuesday afternoon, as U.S. forces and Iraqi rebels engaged in fierce clashes in the heart of his neighborhood, Hussein snapped.

"U.S. soldiers began to open fire on the houses, so I decided that it was very dangerous to stay in my house," he said.

Hussein said he panicked, seizing on a plan to escape across the Euphrates River, which flows on the western side of the city.

"I wasn't really thinking," he said. "Suddenly, I just had to get out. I didn't think there was any other choice."

In the rush, Hussein left behind his camera lens and a satellite telephone for transmitting his images. His lens, marked with the distinctive AP logo, was discovered two days later by U.S. Marines next to a dead man's body in a house in Jolan.

AP colleagues in the Baghdad bureau, who by then had not heard from Hussein in 48 hours, became even more worried.

Hussein moved from house to house — dodging gunfire — and reached the river.

"I decided to swim ... but I changed my mind after seeing U.S. helicopters firing on and killing people who tried to cross the river."

He watched horrified as a family of five was shot dead as they tried to cross.

Yes..."Liberty is spreading". And it's all "really great news", isn't it?

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(Published by Tom Tomorrow on 11/2/04!)
By Brad Friedman on 11/14/2004 10:19pm PT  

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'Keep Your Jesus...'
Cause even I need a break...
By Brad Friedman on 11/14/2004 8:00pm PT  

Windows Media Player Version · QuickTime Version · Other Versions...

May not be safe for work...though it depends where you work.

(Via Oliver Willis)

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'New Ruling' in Cuyahoga County Rejects Ballots Without Date of Birth
Also...19,000 unexplained votes added in Bush-heavy Miami County, OH
By Brad Friedman on 11/14/2004 1:21pm PT  

According to an article in the Columbus Free Press, perhaps thousands of valid provisional ballots in the Buckeye State are now being rejected due to a "new ruling" in Cuyahoga County, Ohio.

A new rule for counting provisional ballots in Cuyahoga County, Ohio was implemented on Tuesday, November 9 at approximately 2:30 in the afternoon, according to election observer Victoria Lovegren.

The new ruling in Cuyahoga County mandates that provisional ballots in yellow packets must be “Rejected” if there is no “date of birth” on the packet. The Free Press obtained copies of the original “Provisional Verification Procedure” from Cuyahoga County which stated “Date of birth is not mandatory and should not reject a provisional ballot.” The original procedure required the voter's name, address and a signature that matched the signature in the county's database.

Lovegren described the clerks as “kind of disturbed” after the new ruling came down. She said that one of the clerks told her, “This is new. This just came down. They just changed it in the last thirty minutes.” According to Lovegren, 80 yellow-jacketed provisional ballots piled up in the hour and 45 minutes she observed. By Lovegren's tally, three provisional ballots were rejected because the registered voters' registration had been “cancelled.” The rest, she said, were being discarded because of no date of birth.

The margin separating Bush and Kerry in Ohio was approximately 136,000 with some 155,000 provisional ballots still to be counted, along with absentee and U.S. overseas votes as well.

The article also gives an excellent description of rules involved in any potential recount procedures in Ohio. Given the Green/Libertarian Party's efforts to demand a recount there (latest reports show that as of Sunday morning, they have so far raised $121k of the $150k they are now seeking to fund the effort) that information may be useful in understanding how such a recount may unfold.

As well, the article also gives some interesting information on anomaly related to the late-reported vote totals in Miami County, OH. It refers to a report earlier in the week pointing out some 19,000 votes added to the totals after "100% of the precincts" had reported in:

In Miami County, with 100% of the precincts reporting at 9am EST Wednesday, Nov. 3, Bush had 20,807 votes (65.80%) and Kerry had 10,724 (33.92%). Miami reported 31,620 voters. Inexplicably, nearly 19,000 new ballots were added after all precincts reported, boosting Bush's vote to 33,039 (65.77%) to Kerry's 17,039 (33.92%). CASE is investigating why the percentage of the vote stayed exactly the same to three one-hundredths of a percentage point after nearly 19,000 new ballots were added. CASE members speculate that it's either a long-shot coincidence with the last three digits remaining the same, or that someone had pre-set a database and programmed a voting machine to cough up a pre-set percentage of votes. Miami County uses an easily hackable optical scanner with the central counter provided by the Republican-linked vendor ES&S.

Whether those 19,000 additional votes were absentee ballots added later to the Election Night totals --- as had been the reason given for a similar case of more votes than voters in Cuyahoga County --- I'm not able to determine. The identical percentages of those votes to the earlier tallies, however, is notable to say the least. One would think that percentages would change by at least a few hundreths or tenths with the addition of a full 19,000 votes to the tally!

UPDATE: An item in yesterday's Cincinnati Enquirer speaks to the matter of the provisional ballots rejected for missing date-of-birth:

There was some confusion, but Secretary of State Ken Blackwell's office has ordered that lack of a date of birth on a provisional ballot can't be used to throw it out. "There is a place on the paperwork for a provisional ballot for voters to write in date of birth. It is optional, and it does not nullify a ballot," said James Lee, a Blackwell spokesman.

Let's hope that's the definitive word on that particular matter!

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Some Legal Assistance Requested
By Brad Friedman on 11/13/2004 7:27pm PT  

BlackBoxVoting.org has issued the following items on their website today:

  • Fraud audit launched in Florida.
    "...will initiate hand counts on selected counties that have not fully complied with our Nov. 2 Freedom of Information request by Monday (Diebold counties) or Tuesday (other counties)."
  • Fraud diagnostics implimented in New Mexico.
    "Information we recently received is indicative of widespread vote manipulation. We are not going to publicize the specifics here."
  • Legal assistance requested in specific county in Georgia.
    "Indications of corrupt voting processes, with possible criminal actions by local officials."
  • Fraud investigation launched in Pima County, Arizona.
  • Fraud investigation launched on state of Nevada.
    "Pro bono legal help certified to practice in Nevada, needed immediately. Multiple irregularities. Need people to take affidavits from election workers, statewide."
  • See their website for more info, explanations, and if you are able to help in either Georgia or Nevada as requested.

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    And Counts All the Republican Ones!
    By Brad Friedman on 11/13/2004 4:59pm PT  

    According to The Albuquerque Tribune, in one Bernalillo County, New Mexico precinct, the judge assigned to determine the validity of provisional ballots, has determined that all the Democratic ballots cast in that precinct are invalid, while declaring that all of the Republican provisionals cast there may indeed be counted!

    From what I am reading, the "standards" for determining acceptance/rejection of provisional ballots across the countries, seems haphazard at best. If anyone wishes to provide more info in comments on how validity is determined in various areas, it would be most welcome.

    The current difference in the popular vote for President in New Mexico, according to AP, has George W. Bush leading John Kerry by just 6,061 votes. The total number of rejected provisional ballots in Bernalillo County now stands at 6,600.

    (Thanks again to tipster Ryan for this one!)

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    Presidential, Senatorial Totals Appear Out of Line with Rest of Election Numbers
    By Brad Friedman on 11/13/2004 3:04pm PT  

    As I've previously mentioned, I'm currently a bit snowed-under working on some background stuff related to all of this mess. So my ability to report the latest here is somewhat hobbled for the (hopefully) very short term. I hope it'll soon prove to have been worthwhile however.

    I am still keeping an eye on everything however, and will report the most notable stuff as it comes up.

    That said, lemme just throw out a raw link to this Democratic Underground posting which presents a potentially very troubling analysis of the results data in regards to the North Carolina Presidential and Senatorial races there.

    I highly recommend you give it a look. It's a detailed post and analysis, demonstrating some disturbing results. I have gotten into the habit of waiting to report such analysis until all the "debunkers" have had there go at things, just to make sure the analysis is solid, and then have attempted to summarize the key pieces.

    For now though, since the story is holding up for the moment, and I'm pulled over to related work, I'm just giving you the link to look at without my own analysis for now. I hope to have some, along with a summary, later for you.

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    Punch-card counter drops straight-party ballots from initial totals!
    By Brad Friedman on 11/13/2004 1:43pm PT  

    From The Salt Lake Tribune:

    Voters in Utah County had more than a one in five chance that their ballots did not get counted in the initial, unofficial tally from Election Day.

    A programming glitch in the punch-card counter dropped 33,000 ballots from the totals - all of them straight-party ballots. That was more than 22 percent of the 145,769 ballots cast in the Republican stronghold.

    "The card readers were fine; it was just the way it was programmed initially," Utah County elections coordinator Kristen Swensen said Friday. "It was just off by one letter."

    The ballots were recounted Wednesday and the 33,000 missing votes were distributed to the candidates for whom they were cast.

    I should note that this is the first story of it's kind that I've come across, where such an error actually seems to have hurt the Republicans more than it did Democrats. While, for now, this error does seem to be just a "glitch", it adds to the growing body of evidence that our counting systems and software in this country is a pure and unadultered mess which needs strict reform and oversight by non-partisan, non-political officials!

    (Thanks reader Katrina W. for the heads-up on this one!)

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    The most 'Conservative' of papers admits the truth!
    By Brad Friedman on 11/13/2004 12:43pm PT  

    This story has been percolating in the blogosphere for some time, but I've yet to report it here as I've been trying to look into it to make sure that it held up first.

    It's big. And now that The Washington Times(!) --- the Bush Administration's #1 mouthpiece in the print media, in other words, the Fox News of newspapers --- has admitted and reported the problem via this breaking UPI report, I'm happy to take that as confirmation of the huge and hackable security hole smack dab in the middle of Diebold's proprietary vote-counting software source code that those "reckless conspiracy-theorists (American citizens) in the blogosphere" have been reporting for some time!


    Washington, DC, Nov. 12 (UPI) - The voting machine controversy likely will linger after a look at the systems source code software from Ohio-based Diebold yielded reports of numerous bugs.
    ...
    Computer Science Professor Avi Rubin of John Hopkins University analyzed Diebold's 47,609 lines of code and found it uses an encryption key that was hacked in 1997 and no longer is used in secure programs.
    ...
    The Digital Encryption Standard 56-bit encryption key used can be unlocked by a key embedded in all the source code, meaning all Diebold machines would respond to the same key.

    Rubin, his graduate students and a colleague from Rice University found other bugs, that the administrator's PIN code was "1111" and that one programmer had inserted, "This is just a hack for now."

    The implication is that by hacking one machine you could have access to all Diebold machines.

    The story also notes that "Diebold has said it repaired the security flaws in subsequent programs, but that the company has not produced the code for analysis." In other words, they claim that they've fixed the software they said was secure in the first place, but wouldn't allow anyone to verify it. The security hole was only discovered in the first place when BlackBoxVoting.org discovered thousands of Diebold's "secret" source-code files sitting out in the open on a publically-accessable internet file-transfer site. Somehow or another, they are legally allowed to keep their source-code secret and unverified by any oversight committees!

    I should also note that while the fact that their vote-counting software could be hacked, it doesn't necessarily mean that it has been hacked. However, the disturbing admission now in the Mainstream Media --- confirming what so many have been "running around with their hair on fire" warning people about for so long --- that the private, Ohio-based corporation and huge Republican supporter Diebold, Inc. has created hackable software to manage the bulk of our country's electoral system, and all without governmental and/or nonpartisan oversight is a startling milestone in this matter.

    For data-heads interested in more of the actually geeky background details on this gaping, hackable, security hole in Diebold's software, please see this discussion over at DailyKos where they've been reporting, discussing and examining it for some time.

    This is now --- officially --- very major and very notable news!

    (Thanks Desi for the tip on the UPI/Washington Times breaking news report on this!)

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    Get on board! Make some signs! Stand up for your Democracy!
    By Brad Friedman on 11/12/2004 5:17pm PT  

    The great Freeway Blogger strikes again this weekend with an all-out effort to bring the issue of voter irregularities in Ohio and Florida to the attention of the American people on November 13th & 14th.

    Please check out this page for how you can help raise awareness for the issue over the weekend, have a bit of guerrilla fun and do something positive for your country --- wherever you may live in America! Whether it be Red, Blue or Purple!

    It's your country! And your democracy! And it's not gonna save itself!

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    Filers of Original Suit call it 'Peanuts', 'Premature'
    Company admits Security Needs Strengthening
    By Brad Friedman on 11/12/2004 3:18pm PT  

    Sorry...had been meaning to report this here previously...(Thanks reader Ryan for the reminder!)

    From AP yesterday:

    Diebold Inc. agreed to pay $2.6 million to settle a lawsuit filed by California alleging that the electronic voting company sold the state and several counties shoddy voting equipment.
    ...
    According to the settlement, the North Canton, Ohio-based company must also upgrade ballot tabulation software that Los Angeles County and others used Nov. 2. Diebold must also strengthen the security of its paperless voting machines and computer servers and promise never to connect voting systems to outside networks.

    "There is no more fundamental right in our democracy than the right to vote and have your vote counted," California Attorney General Bill Lockyer said in a statement. "In making false claims about its equipment, Diebold treated that right, and the taxpayers who bought its machines, cavalierly. This settlement holds Diebold accountable and helps ensure the future quality and security of its voting systems."
    ...
    The original lawsuit was filed a year ago by Seattle-based electronic voting critic Bev Harris and Sacramento-based activist Jim March, who characterized the $2.6 million settlement as "peanuts."
    ...
    "This settlement will shut down a major avenue of investigation before evidence starts trickling in," March said. "It's very premature."

    A Diebold executive said the settlement would allow the company to spend more money on improving software and avoid "the distraction and cost of prolonged litigation."

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    Helping to Organize, 250 Million to 1 Odds on the Exit Polls, other odds and ends.
    By Brad Friedman on 11/12/2004 2:22pm PT  

    I'm working on a few different things at once for the moment, and thus, posting today has been a bit quieter than usual. Hopefully I'll have more information on some organizational efforts I'm trying to pull together soon...

    To that end, if you happen to be or know Attorneys, Web Design/Management organizations, Fundraising groups, PR groups and/or Political/Activist organizations who are interested (and/or aggravated) by everything that has been going on concerning the various Voting Irregularities issues, and who may be willing to invest time, resources and/or energy into the effort for positive change --- and quickly --- please have them contact me by email right away.

    For the moment, only seeking folks and/or organizations with serious credentials in any of the above areas, as opposed to citizen do-gooders who want to help out. If we're able to move things forward as I hope, we'll much need all the citizen do-gooders! But for the moment, I need people or organizations with the above creds who might like to come onboard in building a centralized effort for so much of what is going on. I can discuss further details via Email if you contact me.

    In the meantime, here's a quick round-up of a few notable items from the last 12 hours or so...

  • Via BuzzFlash, a university professor has published a study showing that "the odds of those exit poll statistical anomalies occurring by chance are 250,000,000 to one."

    In the full 11-page report, which can be downloaded here in PDF format, Dr. Steven F. Freeman of the U. of Penn. speaks of:

    "As much as we can say in social science that something is impossible, it is impossible that the discrepancies between predicted and actual vote counts in the three critical battleground states [Ohio, Florida, and Pennsylvania] of the 2004 election could have been due to chance or random error."
    ...
    "Systematic fraud or mistabulation is a premature conclusion, but the election's unexplained exit poll discrepancies make it an unavoidable hypothesis, one that is the responsibility of the media, academia, polling agencies, and the public to investigate."
  • MSNBC's Countdown continues to be the preeminent voice amongst the Mainstream Media organizations actually giving this story the coverage that it deserves. You can watch Olbermann's latest report on video here at "Crooks & Liars" (where all of this week's previous reports are also available if you scroll down).
  • Raw Story reports that as of this hour, the Green Party has received donations totalling $48,000 of the $113,000 they will require by Monday (earliest) to fund their demand, in concert with the Libertarian Party, for a full Ohio recount.
  • As usual...more to come...

    UPDATE: 11/15/04 Green/Libertarian Party Ohio Recount fundraising goal has been met! Now seeking funds for "mobilization" costs and also volunteers to serve as "recount witnesses"! Click here for more info...

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    Party Hackery Games the System
    Helps Deliver America to Bush
    By Brad Friedman on 11/12/2004 8:21am PT  

    With the very real possibility of an Ohio recount as announced yesterday by the new coalition of the Green and Libertarian Party candidates, I hope you'll take a look at this excellent article by David S. Bernstein in The Portland Phoenix. It's one of the best, most comprehensive overviews I've read of the situation, as it stands for the moment, on the ground in Ohio.

    It pulls together the bulk of the most troubling reports of mistabulation, voter intimidation and suppression and potential chicanery in the registration, voting and counting processes.

    Bernstein may have buried the lead though, because it's not until page 2 that he gets to the most scandalous nugget at the heart of the entire stinking mess there, and the systematic way in which the man in charge with regulating Ohio's election, Republican Secretary of State J. Kenneth Blackwell (who also just happened to serve as the Bush/Cheney '04 Campaign Chair in Ohio!) suffocated the minority vote through the invidious gaming of voter management and supression at the precinct by precint level.

    Ohio received some $133 million from the Federal Government's "Help America Vote Act" earmarked to pay for new electronic machines in state.

    To pave the way for these machines, which, the theory goes, were to have been more efficient (and more expensive), the state narrowed down the number of voting precincts. Closing and consolodating many of them largely, of course, in minority areas.

    But at the last minute, after the precincts had already been gerrymandered, Blackwell decided the technology in the E-Voting machines was not proven secure.

    So the $133 million stayed in the bank, but the plan for the reduction of the number of polling sites in minority areas stayed in place! Game over.

    And what do you think happened next? Bernstein explains...

    HERE'S THE rub: a Phoenix analysis shows that the precinct reductions disproportionately hurt Ohio's Democratic turnout.

    Of Ohio's 88 counties, 20 suffered a significant reduction — shutting at least 20 percent (or at least 30) of their precincts. Most of those counties have Republicans serving as Board of Elections director, including the four biggest: Cuyahoga, Montgomery, Summit, and Lucas.

    Those 20 counties went heavily to Gore in 2000, 53 to 42 percent. The other 68 counties, which underwent little-to-no precinct consolidation, went exactly the opposite way in 2000: 53 to 42 percent to Bush.

    In the 68 counties that kept their precinct count at or near 2000 levels, Kerry benefited more than Bush from the high turnout, getting 24 percent more votes than Gore did in 2000, while Bush increased his vote total by only 17 percent.

    But in the 20 squeezed counties, the opposite happened. Bush increased his vote total by 22 percent, and Kerry won just 19 percent more than Gore in 2000.

    If the reduced number of precincts in those counties accounts for the difference, it cost Kerry about 45,000 votes.

    Mission accomplished. Infuriating. Our own electoral systems --- the very basis of our democracy --- are now officially and systematically gamed to within an inch of their life for the pure maximum partisan advantage of those in charge.

    So when will we see reform of the electoral system so it's run by Nonpartisan Elections Boards instead of Partisan Party Hacks? As long as those who've benefited from the hackery are still in charge and entrusted with regulating the system, I'm guessing that day may not come any time soon.

    Unless, of course, you're in the mood for a velvet revolution.

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    Another Error Counting AGAINST Kerry!
    By Brad Friedman on 11/11/2004 5:10pm PT  

    Democrat votes given to the Libertarians in Franklin County, Indiana.

    Can someone please explain to me how not one of the scores of counting errors discovered so far has benefited Kerry? Every single error that I've seen has taken votes away from Kerry. What are the odds?

    From the Indiana Star:

    Election equipment counted straight-party votes for Democratic candidates as Libertarian votes, an error that could affect election outcomes in as many as nine counties, the Richmond Palladium-Item reported today.

    Democrats discovered the error in Franklin County, where ballots will be counted again tonight.

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