Heading up to Santa Clara to speak this weekend (see "Media Appearances" section at top of front page, and come on by if you can!) Don't know if I'll be on or offline over the next week. Please assume I'll be off, and don't hold it against me. Need a break anyway. Though knowing me, I won't be gone long. Although I'm happy to leave the messes in TX, IL, CA and elsewhere to John Gideon anyway

He and David Edwards will be holding down the fort here. Treat them kindly. If anyone needs me, contact John or David and they'll know how to track me down!

And stay outta the liquor cabinet while I'm gone! Seriously, I marked the bottles, and I will be checking them when I get back.

P.S. Don't forget to VOTE FOR US!

A Conservative Republican former Texas Supreme Court Justice, who ran against a Republican opponent backed by Gov. Rick Perry, is considering a challenge to the tremendously flawed Primary Elections held in the state two weeks ago on new Electronic Voting Machines.

The campaign for Steve Smith announced last week in a Press Release received only last night by The BRAD BLOG (and posted in full below) has filed a "Public Information Act request with the Tarrant County Elections Administrator seeking to review public documents relating to the Republican Party primary election in Tarrant County" on March 7th.

As discussed in their press release, but elaborated upon to The BRAD BLOG in an interview this afternoon with Smith's campaign manager, David Rogers, the results reported from all across the state seem to make little or no sense.

For example, though his was a statewide race, Smith's home county is Tarrant where in 2004, according to Rogers, Smith "outperformed the statewide results by 13%, but this year, according to the results, he underperformed the statewide results by 23%."

"Something doesn't make sense here," he noted, adding that turnout went up this year by 12,000 votes, but apparently a full "11,000 of them did not go to Smith."

Amongst the many concerns alleged by Smith's campaign are that audit tapes from the voting machines are only available on 103 of the 211 election day voting locations, making it impossible to audit all of the races. "No audit can be correctly performed on more than half of the machines in the state," says Rogers.

Perhaps more troubling still, is this item from Smith's press release:

Due to time-constraints (we were supposed to hit the road about five hours ago), we weren't able to confirm those incredible Winkler County numbers. But if they are true, they are indeed mind-blowing.

As previously reported, Tarrant County saw some 100,000 votes added incorrectly to the election totals on Hart InterCivic and ES&S voting machines on Election Day. As well, The BRAD BLOG reported on a whistleblower who worked for both Hart and later at Tarrant County. In July of 2004, he sent letters warning the Texas Secretary of State and Attorney General about serious problems which he regarded as both "criminal" and "fraudulent" both at Hart and in Tarrant County's Board of Elections. His letters, he told us, were completely ignored by all of the officials.

And yesterday, that same Sec. of State in Texas was forced to shut down a mandated recount in Tom Green County when the Hart InterCivic machines were reporting results that differed by some 20% from the original totals as reported on Election Night.

We wonder if he might decide to go back and talk to our whistleblower now. Apparently both the Smith campaign and the Fort Worth Star-Telegram (as we learned earlier today when they contacted us for more info) suddenly have an interest in doing so.

Rogers indicated to The BRAD BLOG this morning that they were seriously investigating a complete challenge to the election statewide and hope to get a much closer look at those Hart and ES&S machines in order to try and make sense of whatever the hell happened in Texas.

We'd like to see that happen, of course. And now that a conservative Republican may have had his own ox gored by these infernal machines, perhaps it'll actually become a reality.

The complete Press Release issued by Smith's campaign --- detailing even more "irregularties" in the race --- follows. [emphasis in the original] ...

We'll have another fairly enormous story shortly concerning the problems, as reported previously, in Tarrant County, TX where some 100,000 votes were incorrectly added to the results of the March 7th primary by ES&S and Hart InterCivic electronic voting machines in use there. For a bit more background on that, see our report on the Hart InterCivic whistleblower who also worked in Tarrant County. He tried, to no avail, to alert the Sec. of State of problems with both Hart and Tarrant as far back as July 2004. His alarming letters, included in the article, were ignored by both the TX Sec. of State and Attorney General.

But until the promised big story out of Tarrant...We received the following email last week after posting the aforementioned report. The writer, Jerry Lobdill, identifies himself as "a retired physicist and system engineer who has specified, designed, tested, and evaluated computing systems for the US Navy for 30 years." He was a supporter of Doreen Geiger who ran in Tarrant County for Democratic Party County Chair. Read Lobdill's note for details of how the Democratic Party seems to have rolled over in Tarrant County on this issue, chosing not to challenge the questionable results from the Hart InterCivic and ES&S machines.

All of which leads the Lobdill to conclude in his note: "Democracy is dead here."

That is, of course, particularly troubling considering the TX Sec. of State halted a recount in Tom Green County yesterday when the printed results differed from the reported results from Election Night by as much as 20%.

Lobdill's email follows in full...

The second Primary Election night of the year, this time in Illinois. As predicted --- following on the heels of the various disasters two weeks ago in the primary in Texas (with much more news to come on that, by the way) --- the first reports out tonight begin to outline the latest raft of problems throughout the day on the newly deployed Electronic Voting Machines in the state.

Also as predicted, the problems are minimized as "glitches", and here in the first sentence no less. The word is used a total of three times throughout the Chicago Tribune's "High-tech voting hits snags" article quoted below.

These "glitches", mind you, are just those reported so far. And only the one that occurred on Election Day itself...the counting problems have yet to reveal themselves. But they soon will.

You've heard it here first, but based on the various disasters in just the first two Election Nights of 2006, it sure as hell looks like we're headed towards an E-meltdown with our Electoral System --- And at this rate, it's coming well before we make it to the Generals in November.

Here's just a few of the "glitches" and "snags" as reported by the Chicago Tribune (apparently, they're reserving "hiccups" and "snafus" for the follow-up articles.) These before Elections Officials and Voting Machine Vendors (this time, mainly from Sequoia Voting Systems) send out their Damage Control Goons. Take a look and decide for yourself how "minor" the problems are...

Read on...It gets worse...

The BRAD BLOG has made it to the final voting for the 2005 Koufax Awards in two categories! Just 10 nominees in each category from amongst the entire Progressive 'sphere! So thanks for bringing us this far, guys! It's quite an honor!

We're up against several much "bigger" blogs out there, so please consider voting for us as "BEST BLOG" in the non-pro division and for "BEST POST" for Lydia Cornell's "Death is Sexier than Sex (to Ann Coulter)" story (waytago Lydia!)

HOW TO VOTE: Click on either or both of the two "BEST" links above, scroll to the bottom of the page, and type "BRAD BLOG" into the Comments box.

OR... If the server is slow, send Email specifying your choices for each category to wampum@nic-naa.net (subject line: Koufax).

Vote only once in each category! Diebold will handle everything from there!

Be sure to check out the other nominees in these, and the other categories as well. Great stuff all! Thanks to the folks at Wampum for running these awards and highlighting some tremendous work being done out there by the Progressive side of the 'sphere!

As The BRAD BLOG broke yesterday, a lawsuit has today been filed in San Francisco Superior Court demanding that California Sec. of State Bruce McPherson follow state and federal law in regards to his recent re-certification of Diebold voting machines in the state.

McPherson is named, along with 18 California county registrars, as defendants in the suit which calls for a ban on the use an new purchase of Diebold voting machines in the state. The suit was filed by VoterAction.org on behalf of 25 California voter/plaintiffs.

-- Here is a complete copy of the lawsuit file today [PDF]

Reuters originally reported on the story an hour or so ago as "Diebold Inc. sued over California voting systems". That headline is, in fact, incorrect. They have now reissued the story with the more accurate headline "California sued over Diebold voting systems".

The lawsuit against Diebold, we imagine, will come later after California is ready to admit how they've been screwed by the company and they try to recover the millions they've lost in betting on the wrong horse.

VoterAction is the non-profit organization who brought the actions that led to both the decertification of Diebold in California in 2004 and, more recently, the ban on the purchase of Sequoia voting machines in New Mexico (which led to a new law in the state requiring a paper ballot for every vote cast.)

We're short on time today, and haven't even been able to review the complete suit yet, so we'll let State Sen. Debra Bowen's press release in regard to the lawsuit, do the reporting for us since she's generally nailed all the factual basis for the complaint and explains exactly how McPherson's certification of Diebold is in violation of several state and federal laws.

Bowen, who is running herself for Sec. of State this year, also presents a very useful timeline in the release, explaining how we got here in the first place, and how it is that McPherson seems to have simply disregarded the law in favor of his good friends at Diebold.

Remember, as goes California (or as Diebold likes to call it, "America's largest voting market") goes, so goes the country...In other words, this suit is much bigger than just California...

If you have no case, just create some perceived enemies, and blame them instead...

It worked for McCarthy, after all.

UPDATE 3/21/06: Suit now filed, full coverage here...

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We've hinted of late at upcoming legal actions, in several states, against the use of Diebold voting machines. The BRAD BLOG can now reveal that such a legal action will be filed tomorrow morning in San Francisco's Superior State Court in response to Secretary of State Bruce McPherson's recent re-certification of Diebold Electronic Voting Machines in the state.

VoterAction.org is announcing their intention to file suit, on behalf of several plaintiffs, "aimed at halting the use or purchase of Diebold electronic voting systems" in the state.

The same group recently carried out a similar action in the state of New Mexico, in regard to the use of Sequoia Touch-Screen voting machines there. That suit ultimately led to the ban of use of such machines, and a bill which was recently signed by Gov. Bill Richardson requiring a paper ballot with every vote cast in the state.

Diebold's optical-scan and touch-screen systems were revealed last December to contain "interpreted code" which is banned by Federal Voting System Standards. It was that "interpreted code" which was exploited in the recent hack of a test election in Leon County, FL where the results of the election were completely flipped without a trace being left behind.

Despite that startling revelation, California's Sec. of State Bruce McPherson certified the systems anyway in California, after they had previously been decertified in 2004 when Diebold admitted they had used untested and uncertified software patches on their machines in the state.

Diebold has now admitted [PDF] that their voting systems, both optical-scan and touch-screen, contain such "interpreted code." That, despite the fact that its use is banned at the Federal level. California state law requires that voting systems certified in the state meet those Federal standards. McPherson, apparently, has chosen to blatantly ignore that state law. (We'll have further details outlining the above allegations very specifically, and in no uncertain terms, in a future post here at BRAD BLOG.)

According to VoterAction's press release (posted in full below), the legal action is being filed because "Diebold's TSx touch screen voting system is a severe security risk, and does not accommodate all disabled voters as required by law."

Sources have told The BRAD BLOG that the action is to encompass many, if not all, of California's counties. Some 18 of them are currently doing business with Diebold.

The press release goes on to charge that, "The Diebold system is difficult if not impossible to audit or recount, and has been proven vulnerable to malicious tampering in tests and studies. Diebold technology contains 'interpreted' code, which is easily hacked, and illegal for voting systems in the State of California."

Diebold is currently facing litigation in several investor class action lawsuits alleging Securities Fraud Violations such as insider trading and the false manipulation of stock prices by eight current and former company officials.

A press conference will be held to discuss the latest legal action involving Diebold tomorrow morning. The complete Press Release from VotersUnite.org follows...

You've heard the reports of the new Diebold touch-screen voting machines which have recently been updated to include a so-called "voter-verified paper trail."

You may also have heard how the printers they've added to produce these "paper trails" on their previously-paperless touch-screen voting machines are reported to jam up in test after test --- like the one last summer in California [PDF] where some 33% of such machines failed due to screen freezes, software failures and paper jams.

You may have heard that Diebold actually includes a magnifying glass with each machine to help voters see these tiny, virtually unreadable "paper trails."

You may even have heard how the virtually uncountable thermal paper rolls, which scroll back into the machine after supposedly being "verified" by the voter, have turned up blank on some of the busiest machines at the end of Election Day --- as occurred in Lucas County, OH during the November 2005 Election in Toledo.

Now, for the first time, a hands-on examination of actual Diebold Accu-Vote TSx "election-ready" machines in Utah --- where the newly state-approved and purchased machines are just now being delivered across the state --- has been conducted by Security Innovations and computer security expert Harri Hursti. The examination was done in Emery County, UT with the approval of the county's elected official in charge of elections, Clerk-Recorder Bruce Funk.

Hursti's complete findings are soon to be released by BlackBoxVoting.org (BBV) who helped to organize the precedent setting examination where, for the first time, independent experts have been allowed to actually study the very touch-screen voting machines being deployed around our country this year for use in the up-coming 2006 Elections. Normally, these machines are guarded by secret non-disclosure agreements of Voting Machine Companies and the mandates of government officials who have allowed these machines and their software, incredibly, to remain the "proprietary" secret of the companies paid to run our public elections.

BBV has already disclosed over the weekend one or two of the items discovered in the initial examination. One of them, in fact, is so "shocking" that it would seem to merit a complete recall of these TSx machines solely on consumer safety grounds!

Amongst the findings from the landmark study conducted last week in Utah that they've shared exclusively with The BRAD BLOG is a first-hand glimpse at the printer module now added to Diebold's Accu-Vote TS machines in light of the national outcry for "paper trails" to be produced when votes are cast in American elections.

These "afterthought" printer modules, and the "paper trails" they produce --- which are largely uncountable and uncounted by election officials not to mention unreadable by mere human mortals --- have failed in all sorts of test situations.

Most states require no actual counting or meaningful audit or even cursory review of these toilet-paper "paper trails" (distinct from a countable paper ballot.) Some states (hello, Florida!) even disallow the hand-counting of such "paper trails" by law! So how well the printing modules actually work, is almost beside the point. Their main purpose seems largely to be instilling a false sense of security in the voter that their vote will actually be counted and counted accurately.

To be clear: These devices provide no assurance that ones votes will actually be counted accurately --- or even at all.

Here then, for first time ever, is a close-up photographic look at how these printers actually work --- or don't as the case may be --- and what it is that Diebold and the other Voting Machine Companies who produce such poorly designed hardware and software to tally the votes in America's democracy, are currently shipping to virtually every state in the union for their 2006 rollout.

We'll see an actual printer-jam in progress, reasons for why it may occur so frequently on Diebold's Accu-Vote TSx machines, and a close-up look at the plastic "fresnel lens" (a cheap Cracker Jack prize-like magnifying glass) which is included with each machine's printer --- theoretically to help voters read their own "paper trail."

The photos which follow are all of the same machine, with the same section of jammed "paper trail" never touched or moved throughout the series of photos.

The following photographs, and the bulk of the information contained in the descriptions of same were provided exclusively to The BRAD BLOG by Republican BlackBoxVoting.org investigator, Jim March as he and the rest of the BBV team were leaving Utah on Sunday afternoon after their first close-up look at the Diebold Accu-Vote TSx...

Is this anyway to run a democracy?

Graphic details coming on Monday...Only on The BRAD BLOG...

This morning (Sunday), lawmakers and members of the media in Washington D.C. opened the Op/Ed section of the Washington Post to find VelvetRevolution.us' latest ad waiting for them.

VR is calling on both Democrats and Republicans in Congress to perform their Constitutional Duty and hold the criminal Bush/Cheney Administration accountable for their actions. As well, they must stop the reckless drumbeat towards War in Iran before we find ourselves in yet another disastrous foreign policy debacle.

Bush and Cheney, through their incompetence and dishonesty have lost the right to be trusted for any foreign policy decisions, much less the decision to start yet another unnecessary, unprovoked war in yet another country. It's time for Congress to draw a line in the sand against the Bush/Cheney administration and for the people to stand up and make sure they hear us!

-- The full ad, in a size large enough to read the complete text, is here.
-- A resizable PDF version is here.
-- A petition to demand Congress peform their Constitutional Duty to hold the Bush/Cheney Administration accountable for their actions and stop the march towards yet another ill-conceived war is here.
-- Donations to VR, to help us continue our no-holds-barred ad campaign, can be made here.

Please spread the word! And thank you for the support!

(DISCLOSURE: The BRAD BLOG is a co-founder of VelvetRevolution.us ... and couldn't be prouder.)

ED NOTE: Diebold's Charles "Buck" Jones has sent us an email about the following story, with a scan of a correction published by the Union Tribune concerning the following story. The "Accu-Vote" machines referred to in their story, as originally reported below, are actually "Optech IIIp" optical-scan machines made by ES&S, not by Diebold. The complete correction, reportedly published by the Union Tribune, is posted at the bottom of this blog item. We appreciate the information from Mr. Jones, and only wish that Diebold was as responsive to answering questions and clarifying the mountain of problems and failures in their own machines as they are with ES&S's. We are also delighted to see that Diebold follows BRAD BLOG's reporting so closely. Even on a Saturday.

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Diebold's hackable Accu-Vote (Hack-U-Vote?) machines fail again.

ES&S's "OpTech" (Op-Wreck?) machines fail again.

From New Hampshire's Union Leader on Thursday...

It's notable, by the way, that the Union Leader's story refers to the "Accu-Vote" machines being confiscated, but never mentions the maker of the machines --- in this case, Diebold. (Actually, ES&S, and the machines were "Optech" machines instead. See the clarification below.)

It's unclear from the story whether these were optical-scan or touch-screen machines, but apparently there is some paper that can be counted to get an accurate count of the election, instead of an "Accu-Vote" count of the election. According to the article, "Joyce said she is in favor of recounting ballots, both by hand and by machine." --- so it would seem there is something to actually go back and count.

And yes, the problem is referred to as a "glitch" at one point in the story. As it always is. This time in reference to a heretofore unknown issue (at least to us) concerning "dip switches" on these machines...

The "Glitch" that Would Destroy American Democracy. Cuz we let it.

UPDATE: According to a Diebold employee who notified The BRAD BLOG (see the Ed Note added to the top of this article) the Union Tribune posted the following correction to the story referenced above:

We have not been able to find the correction published on the Union Tribune website, but this New Hampshire state page seems to confirm that Grafton County uses the ES&S "Optech" machines instead of the Diebold "Accu-Vote" machines as most other counties in New Hampshire do.

We've also learned, since running this piece orginally, that New Hampshire does not allow for the use of touch-screen (DRE) machines. So the voting systems in question here, are all optical-scan machines, akin to the Diebold optical-scan machine used in Ion Sancho's recent "hack test" in Leon County, FL which demonstrated that such machines could be hacked to cause election results to be completely flipped without a trace being left behind.

The Associated Press is now joining the Tallahassee Democrat in a complaint sent to the Florida Attorney General objecting to an open meeting in the state's capital last Monday which Florida Sec. of State Sue Cobb suddenly took it upon herself to close. She then called the capital police and ordered them to remove reporters from the area.

Earlier this week, The BRAD BLOG reported on the aborted "open meeting" as called by Cobb with Leon County Election Supervisor Ion Sancho and two other county commissioners. The meeting was called in order to discuss the situation in Leon County, where Sancho recently revealed that Diebold optical-scan voting machines could be hacked without a trace left behind.

Sancho told The BRAD BLOG last night he felt "there was no reason" to close the meeting.

"There was nothing we talked about in there that needed to be kept secret. They just don't like open meetings. They like doing their business in secret," Sancho said.

Cobb, on behalf of the state, has been putting pressure on Sancho to purchase new voting equipment, threatening him with removal from his elected position, and suggesting that U.S. Marshall's might come in to run the county's election. That, despite the fact that all three companies certified to do business in the state have now refused to work with Sancho.

Voting Machine Companies, it seems, don't like doing business in the open either.

The meeting last Monday --- held on the first day of "Sunshine Week" celebrating "open government" in Florida --- was suddenly closed by Cobb who then called the police to remove reporters.

"On the first day of 'Sunshine Week' it was a pretty stupid thing to do," Sancho said.

According to the Tallahassee Democrat, both they and the AP have now sent letters of complaint to Florida Attorney General Charlie Crist and State Attorney Willie Megs "expressing outrage" at being barred from the meeting in apparent violation of state law.

As reported by the Democrat...

Tuscon Arizona's local NBC TV news affiliate ran a story Wednesday night on the raging controversy across the state concerning Sec. of State Jan Brewer's recent agreement to allow hackable Diebold touch-screen voting machines into the state.

Their report (linked below) included a snippet of the video that The BRAD BLOG ran as an Exclusive at the end of February featuring Pima County, AZ Election Director, Brad Nelson freaking out and verbally assaulting Election Integrity Advocate, John Brakey --- on video --- during a public local precinct council meeting.

Nelson, the station reports, has apparently apologized for his tirade. Brakey is also interviewed in the new report on Pima County being "pushed into a national controversy."

Their coverage of "both sides" of the story led last Wednesday's 6 O'Clock newscast in Tuscon.

MORAL: Always bring a video camera (or audio recording device) when meeting public Elections Officials. They often don't fare well under the harsh light of actual public scrutiny, and footage of such encounters may help your local TV affiliate suddenly become interested in reporting on the story.

Report on AZ's Diebold Touch-Screen Voting Machine Controversy:

-- Video in Streaming Flash format...
-- Windows Media Player Version...

-- Our original Video Exclusive story, featuring Nelson's full tirade is here.