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Kerry Joins Original Senate Bill as Co-Sponsor, Joins with Feingold in Filing New Senate Resolution as Well!
Feingold Says, 'Back-up Paper Ballots Essential to Preventing Disasters', Kerry Calls Situation 'Disgrace, National Scandal, Requiring Emergency Action Now'!
By Brad Friedman on 9/27/2006 1:14pm PT  

Representative Rush Holt (D-NJ) has now filed a U.S. House version of the Emergency Paper Ballot legislation introduced yesterday by Senators Barbara Boxer (D-CA) and Chris Dodd (D-CT) in the Senate.

Senators John Kerry (D-MA) and Russ Feingold (D-WI) joined the Senate legislation as co-sponsors late last evening.

Additionally, Kerry and Feingold both have now co-sponsored and introduced a new "Sense of the Senate Resolution" calling on States around the country to act immediately to put back-up plans in place to have "Emergency Paper Ballots" at the polling places this November to avoid voters being turned away when voting machines fail to work. Thousands, so far this year, have been turned away in one state primary after another due to machine malfunction or unavailability.

The language in the Holt bill filed in the House late last night is identical to the bill filed by Boxer, except that it notes, explicitly, that the "contigency paper ballots" the Federal government will reimburse states for are to be counted as regular ballots --- not as provisional ballots which often go completely uncounted, and must be vetted first to determine a voter's registration status.

Feingold and Kerry issued a press release today (posted in full at the end of this article) calling on Congress to act immediately in the face of what they describe as "a national disgrace," in reference to voters being turned away at the polling place for lack of voting system on which to vote.

Holt's bill, which can be downloaded here [PDF], differs from the Senate bill by stating that jurisdictions who wish to reimbursed by the Federal government for such contingency paper ballots must treat "each such contingency paper ballot cast by a voter as a regular ballot cast in the election and counts it accordingly, and does not treat it as a provisional ballot."

Kerry and Feingold, who are now co-sponsors of the Boxer/Dodd Senate bill filed yesterday, also issued a non-binding "Sense of the Senate" resolution this morning. Pamela Leavy originally reported the news earlier today at Democratic Daily.

In a press release issued earlier along with that resolution today, Feingold said, "We cannot allow the American people to lose faith in the most fundamental aspect of our democratic system ­the right to vote."

He added, "Some of the problems we saw this year, like voters in Maryland being told to come back later because the machines weren’t working, are simply unacceptable. A back-up plan as simple as having emergency paper ballots on hand is essential to preventing election day disasters."

Kerry, who has been criticized for not taking enough action to ensure that votes were counted accurately, or at all, in Ohio after the 2004 Presidential Election, had even stronger words, calling the lack of action by Congress and the White House on these matters, "a disgrace" and a "national scandal".

"It’s a disgrace that a Congress and an Administration which talks about exporting democracy around the world ignores the challenges of our own democracy right here at home," says Kerry in this morning's news release. "We have seen American citizens disenfranchised in our elections for the simple reason that no effective back up system was in place. That’s a national scandal."

Kerry called for "emergency action" and points to the recent meltdown in Maryland's September 12th primary election, which resulted in the Republican Governor there, calling for a similar measure to scrap the machines, and allow all voters in the state to use paper ballots this November.

"[H]ere we are, 42 days away from another election," Kerry said, "and Congress has again dragged its feet even after we mobilized 35,000 citizens to demand a hearing for our Count Every Vote Act, even after what we saw just this month in Montgomery County [Maryland]. We need emergency action now. That is why I am co-sponsoring the Dodd-Boxer legislation to provide emergency paper ballots and that is why Russ Feingold and I are introducing our resolution today demanding election day back-up plans."

"We have a duty to ensure that no citizen will be denied the right to vote in 2006," Kerry concluded.

The BRAD BLOG began the call for Emergency Paper Ballot legislation just over a week ago.

The SoS Project has set up a page where citizens can contact Congress Members to demand they pass this legislation in the few days left before breaking for the Election Recess.

We urge citizens to use this link and contact Congress immediately.

The full text of the Feingold/Kerry press release follows...

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

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Your Friendly Neighborhood BRAD BLOGGER Quoted as Part of Coverage...
[UPDATE: NYTimes Late Edition, Russ Feingold Joins as Co-Sponsor!]
By Brad Friedman on 9/26/2006 6:09pm PT  

In an article by Ian Urbina, The New York Times' now has their story up about the Senate's Emergency Paper Ballot legislation as filed earlier today by Senators Boxer and Dodd.

UPDATE: An updated version of the NYTimes article, now linked above, has added Sen. Russ Feingold (D-WI) as a co-sponsor of the legislation as well!

The BRAD BLOG broke the story earlier today in a bit more detail, and along with the actual bill filed. We originally called on Congress in article published here a week ago today, to introduce and pass such a bill before their Election Recess coming up at the end of this week.

Urbina offers several additional points worth checking out in his Times coverage. Including this quote from Boxer concerning her reasons for not making the paper ballot initiative mandatory, but rather allowing it to remain optional to states and local jurisdictions [emphasis ours]:

"I think Big Brother dictating something to local jurisdictions is a big mistake, because they will balk at it," she said. "What we’re saying here is that you run your own elections, and we are going to help you run it properly. If local officials don’t take advantage of the option to take precautions, then they’re the ones on the line."

...As well, "Brad Friedman, a liberal blogger" is mentioned in the Times article.

So as the good Senator B, doesn't get the idea we were dissing her bill to the NY Times (We weren't! Not by any means!) in the comments attributed to us in the piece, please us allow a clarification.

The statement they used from us, had originally preceded a full direct quote explaining that Election Directors from states like Florida had expressed concern that they might need a Federal mandate in order to take advantage of the this paper ballot legislation. State election code in Florida, we're told, does not have provisions allowing such elections officials to make paper ballots available, even if they wanted to.

In Florida's touch-screen-only counties, for example, which comprise some 50% of Sunshine State voters, even the Provisional Balloting is done electronically on touch-screen systems! Which means, as Leon County, FL Election Director Ion Sancho explained to us this morning, that without a Federal mandate, it's likely that those officials would not be able to take advantage of this legislation...even if it manages to get through the full Congress in the few days left before Congress breaks for their Election Recess.

UPDATE: Ah, proof, I'm not crazy! In this version of the Times article (how many do they release?!) there is this additional quote from yours truly:

"In the case of many states, such as Florida, there is simply nothing in the state code that allows election directors to provide emergency ballot in the event of machine failure," he said.

See? Phew...

Beyond that, given the short time left here, we're delighted to see this legislation move forward! Delighted to see the Times' coverage. And just delighted in general that someone in Washington D.C. is finally recognizing the dangers to democracy that we're facing in the upcoming mid-term election!

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Calls for 'Contingency Paper Ballots' in States, Counties this November to be Paid for by Feds!
Co-Author of HAVA is Co-Sponsor of New Bill Answering Our Call for a 'LET AMERICA VOTE ACT', Makes Paper Ballots Optional to States Rather Than Mandated...But We'll Take it! Sources Say House Bill to Follow Soon!
By Brad Friedman on 9/26/2006 12:36pm PT  

Senator Barbara Boxer (D-CA) and Senator Chris Dodd (D-CT) introduced emergency legislation to amend the Help America Vote Act (HAVA) this afternoon to offer funding to states and counties who make 'contingency paper ballots' available to voters to be used at the voter's option instead of electronic voting systems.

The so-called contingency paper ballots are intended to be counted as normal ballots, as opposed to Provisional Ballots which must be vetted first to determine the integrity of the voter's registration. Provisional ballots are frequently counted only several days after Election Day, and often, not at all. The Senate legislation as filed, however, does not spell out the intended difference between "contingency" and "provisional" ballots specifically.

The BRAD BLOG has learned from a source currently working on similar legislation in the House, said to be filed there shortly, that the House version will include such specific language if possible to ensure such contingency ballots are counted as normal ballots on Election Night. Several Capitol Hill sources have confirmed that such legislation is currently in the works. We hope to have more details on the House version later today.

The inclusion of Dodd as a co-sponsor on the Senate legislation is no small coup, as he was one of the original co-sponsors of the HAVA legislation of 2002 which this bill would amend. Until now, he and the other bi-partisan co-sponsors of that original legislation have been reluctant to open HAVA to amendment.

The legislation, filed just after 4pm ET this afternoon, would refund state and county voting jurisdictions that offer paper ballots as an option to voters, and requires such jurisdictions post "in a conspicuous manner at the polling place, a notice stating that contingency paper ballots are available at the polling place and that a voter may request to use such a ballot at the voter's discretion."

Election integrity advocacy groups and citizens alike have been rallying members of both the U.S. House and Senate to pass such legislation since The BRAD BLOG initially called for what we had called, the "LET AMERICA VOTE ACT" last Tuesday. The act we called for would mandate emergency paper ballots at all polling places this November in light of thousands of voters having been sent away without having been able to cast a vote in primary after primary election so far this year when new electronic voting machines either malfunctioned or were otherwise unavailable.

The short Boxer/Dodd bill does not mandate the use of such ballots, but rather offers federal payment to local jurisdictions that choose to make such 'contingency paper ballots' available at either the voter's request or in the event of machine malfunction.

The bill is now being referred to informally as the "Confidence in Vote Act of 2006". It's a simple bill, three pages long in total, and is posted in full at the bottom this article. The final version of the bill to be filed momentarily (it may have already been) may be downloaded here in PDF format.

The bill introduced today is notable in no small part in that it's co-sponsored by Dodd --- one of the original co-sponsors of HAVA along with Sen. Mitch McConnell (R-KY) in the Senate and Reps. Bob Ney (R-OH) and Steny Hoyer (D-MD) in the House. HAVA was the bill which had set in motion the nationwide implementation of electronic voting systems paid for by the federal government. That bill gave states and counties some $3 billion dollars for voting systems "upgrades" around the country, and has led to a panoply of problems at polls, criticism from computer scientists, security experts and non-partisan election integrity organizations.

Dodd, and the other bi-partisan co-sponsors of HAVA, including the now-disgraced lead author Ney (R-OH), have been reluctant up until now to modify the legislation in any way, despite repeated calls from Election Integrity advocates, and a host of bills filed in both the House and Senate which have not been allowed to move forward.

The BRAD BLOG has learned that Boxer and Dodd chose to make the use of "contingency paper ballots" an option to states, rather than a mandate, in hopes that it would make the bill less contentious and easier to pass in the few days left in this legislative session before the election recess.

Both touch-screen DRE's and paper based optical scan systems have spectacularly failed across the country so far this year as well, and contingency plans have been called from both Republicans and Democrats alike to have such contingency plans in place at local jurisdictions should such machines continue to fail this November.

The downside to offering these paper ballots as an option, instead of a mandate, is that some states --- such as Florida --- have provisions in place making it essentially illegal for elections directors to offer such paper ballots at the polling place. For those states, it may well be that only a federal mandate would do the job of ensuring that voters would be able to vote come hell or highwater this November.

The legendary Leon County, FL Election Director Ion Sancho had previously expressed hopes that such a bill would make it "illegal to send a properly registered voter away from the polls without allowing them to cast a vote."

The latest state to have had machine problems in their primary election, resulting in voters being turned away from the polls, or being given Provisional Ballots (which are frequently not counted at all after Election Day) was Maryland. The Republican Governor of Maryland, Bob Ehrlich, called for scrapping the state's Diebold paperless touch-screen voting systems after their September 12th primary, calling on the state to impliment Emergency Paper Balloting this November. Incidents similar to the now-infamous "Maryland Meltdown" have been occuring across the country all year in states such as Ohio, Pennsylvania, Iowa, Arkansas, West Virginia, Texas, Tennessee, and many others.

The Boxer/Dodd legislation cites a recent call from former Republican Attorney General Richard Thornburgh and former Democratic Governor Richard Celeste to have such "backup and contingency plans that anticipate a wide range of possible failures in their electronic voting systems" this November.

With just 4, or so, legislative days left in this Congress before they break for their Election Recess, it'll be no easy feat to see the bill passed by both the House and Senate before they leave. But given the stakes, and the bi-partisan call across the country for such a measure, we hope the Congress can act with the speed appropriate for a bill so important to, at least, helping to mitigate the train wreck that our democracy may be headed for this November 7th.

The BRAD BLOG would urge you to contact your Congress Members to demand they support this legislation immediately. You can send a message to your Congress Members here asking them to pass this legislation now!

You may otherwise contact local media to write in support of it, or ask to ask them to cover it, via this link.

UPDATE 6:17pm PT: New York Times coverage now linked here...

UPDATE 11:12pm PT: Late, final edition of the Times now lists Sen. Russ Feingold (D-WI) as a co-sponsor of the legislation as well!

The complete text of the Boxer/Dodd legislation as filed this afternoon, follows in full...

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

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Blog Statement by V.P. Barbara Burt Refers to our 'LET AMERICA VOTE ACT' Legislation as 'The LEAVE NO VOTER BEHIND Act'
Contact Congress (Who We Hear May be About to Act!) Now!
By Brad Friedman on 9/25/2006 3:56pm PT  

Barbara Burt, the Vice-President and Director of Election Reform at the non-partisan Common Cause, has posted a statement this morning on the organization's blog in support of the 'LET AMERICA VOTE ACT' (Emergency Paper Ballot legislation) that we proposed last week as an emergency measure that Congress could pass in their few legislative days left before the election recess.

The idea is to ensure that registered voters who bother to show up to the polls this November could at least cast their vote --- even if the voting machines are malfunctioning or unavailable, as has been the case in primary after primary election so far this year.

The measure should make it illegal to turn away a properly registered voter without allowing them to cast a vote. Giving them a Provisional Ballot is not an alternative, since those ballots are often not counted at all.

As Burt writes in her blog item in support of the initiative:

This is an initiative that would ensure that every precinct stock paper ballots for use in an emergency or, possibly, in case voters demand to vote on paper. It would be ideal to get this passed through Congress before the election, but Congress is leaving Washington at the end of this week. So chances of passage are slim (although they are capable of fast action on ocassion).

She also reports that the legendary Leon County, FL election director, Ion Sancho, "one of the voices of reason in the world of election officials...said that it should be illegal for a polling place to turn away any eligible voters without allowing them the opportunity to vote."

Common Cause joins election watchdog groups such as VotersUnite.org and VelvetRevolution.us in publicly calling for this common sense legislation.

As of this morning, we're hearing a number of hopeful reports about a number of legislators on Capitol Hill who are considering bringing this legislation forward soon. It would be similar to the emergency measure called for by Republican Gov. Bob Ehrlich in Maryland recently, after his state's primary election was an utter disaster in the face of voting machines that couldn't be started up until hours after the polls had already opened.

The SoS Project has created a page where you can contact your congress members to urge them to pass this legislation with Terri Schiavo-like speed!

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Rudimentary Site 'Paid for by Tom Feeney' Offers Extraordinary Claims, Smears, Doctored Photos of Congressional Opponent, Vote-Rigging Whistleblower, But No Evidence to Back Up Claims
Smear Blogsite Gives No Indication if it's Paid for by Feeney or Not (In Violation of FEC Rules?)
By Brad Friedman on 9/25/2006 3:33pm PT  

The campaign of one of Congress' most corrupt members, Tom Feeney (R-FL), has apparently enlisted fifth graders to create a smear website (www.CrazyClintCurtis.com) dedicated to smearing Feeney's congressional opponent Clint Curtis with doctored photos, innuendo and unsubstantiated, disproven claims.

The rudimentary site (okay, it's not created by fifth graders, it just looks, works and acts that way) includes doctored photos and videos of Curtis, and a smear blog to go with it. Though the main "Crazy Clint Curtis" website indicates that it's "Paid for by Tom Feeney," the blog itself that it links to --- accessible via CrazyClintCurtisBlog.blogspot.com --- has no indication of who it's paid for. If that blog site is created and/or run by a paid member of Feeney's campaign staff or uses it's vast resources (Feeney has reportedly spent the better part of $1 million for this brilliant smear campaign,) it would seem that Feeney is in violation of FEC campaign laws which require a "Paid for by Tom Feeney" notation somewhere on the blog.

Curtis' own website also includes a link to a blog, but as far as we know, it is maintained by a private unpaid individual.

Feeney has reportedly spent somewhere near $700k on his admitted smear campaign so far.

The good news is that those with a free blogger.com registration are allowed to post comments to Feeney's smear blog in reply to the Congressman's silliness! At least as of now. So feel free to give them regards from The BRAD BLOG and let them know where individuals concerned about things such as clean elections, clean officials, clean government contracts, congressmen who take trips from foreign-agents and Jack Abramoff, and who work with companies involved with convicted Chinese spies, can get grown-up information on the Clint Curtis/Tom Feeney story if they are interested.

Curtis has made claims concerning Feeney's involvement as registered lobbyist and general counsel for a Florida software firm that has now been shown to have harbored and petioned for an illegal Chinese alien (who later pled guilty to charges related to sending Hellfire anti-tank missile chips to Communist China) and overbilled the state of Florida by hundreds of thousands of dollars. He has also alleged that Feeney asked the company, in a meeting at which Curtis was present, to create vote-rigging software when they both worked for the firm. Curtis' claims have been made to Florida and Federal officials, as well as in a sworn affidavit and video-taped sworn testimony to members of the U.S. House Judiciary Committee.

As well, he has passed a lie-detector test in regard to the claim. So far, Feeney has refused to take such a test, or to debate Curtis face to face despite challenges from the Curtis campaign to do either. Feeney still refuses, as recently as this Tampa Bay Scene cover story published last Thursday, to answer directly to any of the allegations (most of them proven through independent government documents and investigations) that Curtis has made in regard to Feeney.

For his part, Feeney has either refused to discuss the matter, or otherwise claimed he's had nothing to do with the YEI firm since leaving them to go to Congress in 2002. That, even while Feeney's campaign headquarters remains in the YEI building, the owners of the company continue to be amongst his top financial supporters, and even hosted a party for him in 2003 (with undoctored photos)...

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

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Computer Programmer-Turned-Congressional Challenger's Accusations Reported in Detail, Including New Points in the Mysterious Death of Case Investigator Raymond Lemme
Feeney's Camp Refuses to Answer Allegations or Take Lie Detector Test, But Manages to Smear Curtis Anyway...
By Brad Friedman on 9/25/2006 11:56am PT  

Bill Stone of the Tampa Bay Scene writes a devasting and detailed cover story in this week's issue, on the allegations of computer programmer Clint Curtis that Congressman Tom Feeney (R-FL) asked him to create vote-rigging software when they both worked for the same firm in Oviedo, Florida back in 2000.

-- PDF version of the article here: Tampa Bay Scene's posted version is in the PDF of the entire issue of this week's paper.
-- Plain HTML version of the article here: They've given us the go ahead to post an HTML version of the piece in full.
(NOTE: Some graphic photos are included with the article!)

Stone's report covers much of the ground we've detailed extensively at BRAD BLOG over the past two years since we first broke the story in December of 2004. Nonetheless, he brings a great deal of that reporting together in one easy-to-read article, and also brings us up to date on the latest shenanigans of Feeney, who finds himself facing Curtis this year, mano-a-mano, in the election for the U.S. House in Florida's 24th Congressional district.

Hardcore readers of The BRAD BLOG will be familiar with much of the story. Indeed, Stone credits us with a great deal of his sourcing, as we spoke to him for several hours at length during our recent summer travels around the country. His article, however, includes new details to chew on.

In particular, Stone hits on a fresh point or two in regard to the death of Raymond Lemme, the investigator from the Florida Inspector General's office --- the first official that Curtis had informed of his allegations against Feeney.

As well, Feeney's camp now has a new slur word they're shamelessly attempting --- without evidence, as usual --- to use to smear Curtis...

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

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'We Must Restrict Access to the Buttons' Says Diebold as They Allow Faulty, Hackable Machines to be Used Everywhere in the Country this November!
Company Refuses to Supply Latest Machine for Testing to Either Princeton OR the US Elections Assistance Commission - Good Thing They Don't Actually Make Nuclear Missiles!
By Brad Friedman on 9/24/2006 1:23pm PT  

In addition to The New York Times' article in Sunday editions today headlined "Officials Wary of Electronic Voting Machines" (we covered that report yesterday), the Times had another piece, buried in the Business Section of Saturday's edition headlined "The Big Gamble on Electronic Voting."

Other than still referring to the machine used in the Princeton Report --- which showed a Diebold touch-screen system could be hacked with an undetectable vote-flipping virus in a minute's time, which could then spread itself to every machine in the system --- as coming from a mysterious "third party", it is a very good article which I highly recommend.

(For the record, I told everyone where the machine came from --- VelvetRevolution.us was given the machine by a source of mine --- when I broke the story originally both here, and at Salon. Not sure why AP, WaPo, NYTimes et al has such trouble figuring it out. Guess they don't use Google.)

Randall Stross' Times piece is very smart. It includes his efforts to press Diebold as to why they won't supply the latest and greatest touch-screen machine to Princeton to test. Since Diebold claimed in their silly, disingenuous reply to the Princeton Report that the Diebold AccuVote model used in the testing was "two generations old" and "to our knowledge, is not used anywhere in the country," one would think Diebold would be more than happy to supply their newest machine for similar security testing. Congrats to Stross for making that point abundantly clear!

Diebold's response about the "two generations old" system is stuff and nonsense, and in the article Diebold spokeshole Mark Radke was extraordinary.

Radke refused Stross' encouragement to supply such a machine to either Princeton or even the U.S. Elections Assistance Commission (EAC). That refusal, and the reasons for it, underscore the load of crap that Diebold is still trying to sell to an unsuspecting public and media.

Radke claims, in the piece, that sharing such machines with computer scientists, or even the EAC is "analogous to launching a nuclear missile" and Diebold must restrict "access to the buttons."

Funny reply from a company who sent these machines out like candy in their early development, with almost no inventory control whatsoever (one of the reasons why I was even able to get the machine to Princeton!). Also a funny reply from a company that has failed to warn their customers about the safe use of these machines, by not telling them about the dangers of sending these machines home with poll workers on overnight "sleepovers" for days and weeks prior to an election. Such "sleepovers" sullied the integrity of San Diego's recent U.S. House Special election in June, and the practice will be carried out again across the country this November.

Diebold, apparently, is just fine with that.

The Diebold company and their dishonest business practices in these regards are an irresponsible menance to democracy, our American Values, and our way of life. They, and several of the other voting machines companies, have succeeded in undermining the very core of our Republic. The media and both major political parties are also guilty for allowing them to do so.

Please read Stross' article in full and be amazed.

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BRAD BLOG Criticizes Columbia Journalism Review for Being Two Years Late and More Than Two Dollars Short...
By Brad Friedman on 9/24/2006 6:00am PT  

With a rather mild slap on the wrist, Columbia Journalism Review suggests in its Sep/Oct issue, in an un-bylined editorial, that the national media failed to do their job in reporting on the disasterously irregular 2004 Ohio Presidential Election.

No kidding. Do ya think?!

The CJR piece is published this week, just a touch over a month before our next national election. The decline of democracy has grown exponentially worse across the entire nation, every single day since 2004's Presidential Election (as we have been tirelessly covering on these pages since 3am or so of November 3rd, 2004) and yet CJR has waited until now for it's gentle hand-wringing over the lack of coverage on these matters in the national media.

They go so far as to describe The New York Times as "typically strong on voting controversy" before softly suggesting they haven't done enough to cover these matters. Never mind that it was the Times who, perhaps single-handedly, instructed the nation that nothing at all went wrong in Ohio in 2004 when they characterized the efforts of those of us trying to investigate what happened on Election Day as little more than "the conspiracy theories of leftwing bloggers" on Nov. 21, 2004.

We wrote at the time about that article:

The New York Times has been bravely leading the way in ignoring the story of America's failure to hold an honest, clean and transparent election. Even though they've had time to dismiss the whole affair as "the conspiracy theories of leftwing bloggers."

The following day we constructively offered them 15 hard news items concerning "irregularities" in the 2004 election that merited their investigation, rather than their condescension. To this date, we're aware of them having investigated none of them.

"Typically strong on voting controversy?" To what decade might CJR be referring?

In the meantime, nothing has been found to suggest that those of us "leftwing blogging conspiracy theorists" were anything but absolutely right in our concern, dilligence, and attention to the matter.

The "paper of record" sets the tone for America and for all of the other media. They failed this country abysmally.

CJR bills themselves as "America's Premier Media Monitor." In other words, their job is to be the watchdog of the watchdogs. And yet, they've taken two years to admonish the national media for having failed to cover the very dissolution of our democracy, in plain sight and before our very eyes, in a tepid little editorial this month.

Consider us the watchdog watchdog watchdog.

NEWS FLASH FOR CJR (feel free to face this criticism two years from now if you wish): While your spanking the national media for failing to do their job on this most crucial topic, you have utterly failed to do yours in the meantime. Glasses houses, much?

Finally, the ironically condescending little CJR editorial (which mentions some of the few outlets who have covered the issue sparsely, while leaving out those who have reported on it every single day since November 2nd, 2004 --- what, me bitter?) concludes thusly:

Guarding the democratic process is part of the journalistic mission, and with another election approaching, now is the time to think about that.

Uh, no. Sorry, guys. The "time to think about that" was years ago. Now, it's pretty much too late to do a damned thing to "guard the democratic process." At least for the 2006 election. You have failed as miserably as those whom you have finally decided to criticize (gently).

See you in September of 2008...when you all decide to give a damn about this issue the next time.

...CONTACT...
dartsandlaurels@cjr.org; Click">letters@cjr.org\">Click here to Email CJR

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UPDATE: Story Hints 'LET AMERICA VOTE ACT' Being 'Considered on the Federal Level'!
PLUS: Vermont's Sec. of State Makes Jerk of Herself...
By Brad Friedman on 9/23/2006 1:16pm PT  

New York Times set to report elections officials are getting "cold feet" about electronic voting. Gosh, what to 'em so long? (both the elections officials and NYTimes!)

From RAW STORY right now...

Electronic voting machines are making many election officials wary, according to an article slated for the front page of Sunday's edition of The New York Times, RAW STORY has learned.

"A growing number of state and local officials are getting cold feet about electronic voting technology, and many are making last-minute efforts to limit or reverse the rollout of new machines in the November elections," reports Ian Urbina.
...
"Paperless touch-screen machines have been the biggest source of consternation, and with about 40 percent of registered voters nationally expected to cast their ballots on these machines in the midterm elections, many local officials fear that the lack of a paper trail will leave no way to verify votes in case of fraud or computer failure," reports the Times.
...
"Less than two months before voters head to the polls, Gov. Robert L. Ehrlich Jr. of Maryland this week became the most recent official to raise concerns publicly. Ehrlich, a Republican, said he lacked confidence in the state's new $106 million electronic voting system and suggested a return to paper ballots."
...
"But some election officials and voting experts say they fear that the new technology may have only swapped old problems for newer, more complicated ones. Their concerns became more urgent after widespread problems with the new technology were reported this year in primaries in Ohio, Arkansas, Illinois, Maryland and elsewhere."

Nice going waiting until it's pretty much too late to do a damned thing about it. NY Times has, once again, failed the American people. Jerks.

(Though there's still time to demand Congress mandate Emergency Paper Ballots!)

The full NYTimes story is now here.

UPDATE: Now that I've read the full story, it looks like the following graf refers to the buzz we've help generate on Capitol Hill for our proposed LET AMERICA VOTE ACT (Emergency Paper Ballot legislation)...[emphasis added]

In Pennsylvania, a state senator introduced a bill last week that would require every precinct to provide voters with the option to use paper ballots, which would involve printing extra absentee ballots and having them on site. A similar measure is being considered on the federal level.

Also worthy of condemnation is Vermont's Democratic Sec. of State Deborah Markowitz, president of the National Association of Secretaries of State (NASS) who seems to be continuing the disingenously positive spin of too many state elections officials of late...

Deborah L. Markowitz, the Vermont secretary of state and the president of the National Association of Secretaries of State, said that while there might be some problems in November, she expected them to be limited and isolated.

“The real story of the recent primary races was how few problems there were, considering how new this technology is,” said Ms. Markowitz, a Democrat. “The failures we did see, like in Maryland, Ohio and Missouri, were small and most often from poll workers not being prepared.”

Though we like to encourage folks to be poll workers, we might recommend that those in Vermont simply stay home this year. Your Secretary of State, who is clearly not prepared to do her job, thinks it's all your fault! So why bother? Take the day off!

CORRECTION: We had originally reported Markowitz as being a member of the National Association of State Election Directors (NASED), the group given the responsibility of certifying (and so far, rubber stamping on behalf of the voting machine companies) electronic voting machines at the federal level. Markowitz is President of NASS, not NASED. We regret the error.

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Plaintiff Rep Says Machines to be Allowed in November, With New Security Measures, But Must Be Recertified From Scratch Thereafter
[UPDATED Now to include CNN's Initial Coverage, Official VoterAction.org Statement, Trial Testimony and Depositions from the case.]
By Brad Friedman on 9/22/2006 4:54pm PT  

I just received a phone call from Holly Jacobson of VoterAction.org, the group that has supported voter lawsuits attempting to decertify e-voting machines in Colorado, California, Arizona, Pennsylvania and elsewhere.

She called us from Colorado just after leaving the courtroom, where the case in that state against the use and purchase of e-voting systems made by Diebold, ES&S, Sequoia and Hart InterCivic was being heard yesterday. She called and said: "We won!"

That call came moments after I'd received a report that CNN's Lou Dobbs had reported an hour or so ago that they had lost the case...

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

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Op/Ed: 'If You Thought the Primary Was a Mess, Wait Until November!'
By Brad Friedman on 9/22/2006 3:31pm PT  

We reported last week on the mess in Milwaukee's primary election where a "programming error" is blamed for some 80,000 votes being recorded, when only 45,000 people actually voted. A recount was held to determine what the real vote count was. The city, however, was only concerned with the number of voters, as opposed to whether or not the votes were actually recorded accurately.

An editorial on the whole mess in Wednesday's Shepard-Express concludes this way (with a now-familiar warning):

If you thought there were computer glitches during the light vote in last week's primary, just wait until November with a heavy turnout for the governor's race in Wisconsin and in hard-fought Senate and congressional races across the country.

In November, a third of all precincts in the country will be using brand-new electronic voting systems for the first time.

As we learned in Milwaukee and Waukesha, newly trained poll workers breaking in untested electronic systems will discover so many bugs you'll think the elections are taking place in a tropical flophouse.

Joel McNally co-hosts the "Morning Magazine" show from 6 to 10 a.m. weekdays on 1290 WMCS-AM.

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Demand Emergency Paper Ballots at the Polls This November!
By Brad Friedman on 9/22/2006 1:14pm PT  

The good folks over at the Secretary of State Project have endorsed the "LET AMERICA VOTE ACT" (Emergency Paper Ballots this November) legislation and have created an easy web page where you can fill in your name and address, which will then send Email to Congress Members asking them to immediately propose and pass this important legislation!

If you only fill out one such online letter writing campaign between now and November 7th, please make it this one! Click here right now to send your letter!

It'll take you 30 seconds, and it could be the difference between a mitigated success (where people are actually able to cast their vote!) and a complete disaster at the polls this November 7th! Click it, and then send that link everywhere!

We've got no more than 5 legislative days left before this Congress breaks for the Election Recess. So if 6 or 7 of you can act now, it may make the difference! My original proposal for the LAVA legislation is right here.

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Endorses LET AMERICA VOTE ACT!
Election Integrity Org Says 'It's Unacceptable to Turn Away Legal Voters Because Voting Machines Aren't Working'
By Brad Friedman on 9/22/2006 12:26pm PT  

VotersUnite.org, an election integrity watchdog group led by Executive Director John Gideon (who is also the Information Manager of VoteTrustUSA.org and a frequent Guest Blogging contributor here at The BRAD BLOG) has issued a statement this morning in support of our demand that Congress immediately pass Emergency Paper Ballot legislation.

Our original proposal for the "LET AMERICA VOTE ACT" is posted here.

The complete news release from VotersUnite has been released to the wires, and is posted online here. The pertinent information from that release follows...

For Immediate Release:

This primary election season has provided evidence that computerized voting systems are not ready for use in our elections. Election melt-downs in states including Ohio, Pennsylvania, Iowa, Arkansas, West Virginia, Texas, Tennessee, and last week in Maryland prove that emergency steps must be taken for the November election. When poll site voting machines fail there must be a viable option that will allow every legal voter to vote.

"It is unacceptable to turn legal voters away from the polls just because the voting machines are not set-up, not set-up correctly, or not working at all. It is also not alright to use provisional ballots instead of a 'real' ballot that will be counted just the same as an electronic ballot cast on a Direct Recording Electronic (DRE) voting machine. Emergency paper ballots must be in place in every polling place in the nation that uses DRE or touch-screen voting machines and those ballots must be used in the case of voting systems failure", said John Gideon, Executive Director of VotersUnite.Org.

VotersUnite.Org fully supports the implementation of the "Let America Vote Act" as presented at https://bradblog.com/?p=3502 and calls on Congressional leaders to do all they can to get this legislation through Congress and to the President for signature prior to Congress going on recess.

VotersUnite.Org is a national, non-partisan, non-profit organization that provides well-sourced information to those interested in voting machine issues.

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Votes Written on 'Scraps of Paper' in MD With Machines Down and No Paper Ballots Available!
WaPo Columnist Says 'Switch to Paper', Repub Gov Wants Paper, Dem Election Director in Denial, Congress Needed to Step in Immediately!
By Brad Friedman on 9/21/2006 5:59pm PT  
At Piney Branch Elementary School in Takoma Park, officials quickly ran out of paper ballots and began telling voters to use scraps of paper after electronic balloting ended at 8 p.m., said Dennis Desmond, who voted with an ersatz paper ballot.

Officials, he said, were calling out the names on the ballot while people wrote down their choices on blank paper. Desmond estimated that 50 people voted that way. Voters also were asked to provide biographical information about themselves as election officials attempted to make the ballots legal.

He said that election officials dispatched a worker to a nearby store to buy envelopes and masking tape so the ersatz ballots could be enclosed and sealed.

-- From Washington Post coverage of Maryland's Sept. 12 Primary Election Meltdown

In addition to the front-pager we reported on last night from today's Washington Post covering Maryland Governor Bob Ehrlich's call for a return to paper ballots in the state this November, WaPo has two additional stories today underscoring the desperate need for the LET AMERICA VOTE ACT to be passed immediately by the U.S. Congress. The simple proposal I've made calls for Emergency Paper Ballots to be mandated at every polling place this November in the face of machine breakdowns from coast to coast all primary season long.

One of the other two WaPo stories on this today, this one by Marc Fisher, on the front page of the Metro Section headlined is "If Paper Ballots Restore Trust In Elections, Let's Switch." It includes this information in response to last week Primary Election Meltdown:

The obvious solution, as Gov. Bob Ehrlich said yesterday, is to put the machines in the closet (actually, returning them to the store is an even better idea; does anybody in Annapolis still have that receipt for $106 million?) and go back to paper ballots. The governor bemoaned flaws in the Diebold electronic poll books that Maryland used for the first time last week to check in voters: "Technology is a wonderful thing, but clearly, given their apparent inability to function appropriately --- when in doubt, go paper, go lower technology."

...As well as this extraordinary exchange from MD's embattled Democratic State Elections Director and Diebold apologist, the not-yet-resigned, Linda Lamone...

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

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By Brad Friedman on 9/21/2006 2:21pm PT  

Much happening at the moment. Hopefully details to come later today/tonight.

For the moment, I'll point you to Kathy Gill's coverage at About.com of my proposal for the "LET AMERICA VOTE ACT" (LAVA), a call for a federal Emergency Paper Ballots mandate at all polling places this November. I originally proposed the idea, asking Congress to pass this measure immediately here. A follow-up, including suggested legislative language for the very simple act was posted here yesterday.

The LAVA legislation seems to be generating quite a bit of buzz right now in certain sectors on Capitol Hill. Hope to have more details for you later. But with just about 5 legislative days left before the pre-election recess, please continue to make noise about it, contact your Congress members and let's save whatever we can this November!

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