In North Carolina, Diebold had been attempting to get a special court order allowing them to get around NC's law requiring that Voting Machine Companies hand over their source code for their secret software to be kept in escrow in the event of a problem later. North Carolina has had many recently, including the complete loss of some 4500+ votes in Cartaret County during the Nov. '04 Presidential Election which led to a Re-Vote in the county.

Thanks to efforts by the Electronic Frontier Foundation, the court has now ruled against Diebold's requested dispensation from state law. Now Diebold claims they are going to have to get out of the state entirely. Glad to hear it. If it's true. Other Voting Machine Companies have complied with the law, apparently, so what's Diebold's problem? Do they have something they wish to hide in that source code?

We may never know...AP reports:

You'll pardon me, but I'm a bit of a computer programmer myself, and I understand the difference between providing source code that one has written versus source code for an entire operating system (like Windows) and/or third-party tools which are used to perform various generic tasks called by the program itself.

If Diebold had nothing to hide or fear, they would simply turn over their full source code to the state to be put into escrow, with the explanation that they do not have the access to (or legal permission to provide, even if they did) the source code to copyrighted third-party software. The state of North Carolina wasn't asking for that as far as I can tell, and an open admission to that --- as allowed by the state law --- should more than have covered Diebold from any liabilities concerning that third-party software.

That said, I'm glad to hear of their apparent threats to pull out of North Carolina entirely. And with that, I hope every other state in the union will immediately apply the same requirement in their state and let Diebold get back to the business of making ATM machines with open software which provides a paper record of every transaction. Apparently, they're quite good at that.

UPDATE: Jamie at IntoxiNation has more along the same lines...

Guest Blogged by John Gideon of VotersUnite.org

It was an interesting day today. California media are still talking about the 'hack', or no 'hack', and now the SoS is talking about doing a 'hack' on all voting systems. This should be interesting and we will continue to watch as this all develops. Also getting media attention across the country is the court decision in North Carolina. This could have national implications for Diebold because other states require source code escrow. If Diebold is not willing to do it in NC, how are they doing it elsewhere?...

Guest blogged by David Edwards

This report from David Schuster of MSNBC's Hardball provides a review of the corruption investigations heating up in Washington D.C.  Schuster concludes:

Video in Windows Media format...
Video in QuickTime format...

On November 14th, on his Fox "News" program The O'Reilly Factor, smear merchant and alleged sex offender Bill O'Reilly promised to "post the names" of those who were critical of his radio comment encouraging Al Qaeda to blow up San Francisco. Crooks And Liars has the video here.

O'Reilly had said, on his radio program, after the city voted against allowing military recruiters in public high schools and colleges there in the November 8th election:

Today, O'Reilly has finally posted his promised Enemies List on his website which he catagorizes as a list of "Media Operations that traffic in defamation." At this time, his list includes just three media outlets which he identifies as "the worst offenders". Though O'Reilly gives no specific details on why the outlets made his list, all three had been critical of O'Reilly in the past and reported on misinformation he had given to his television viewers and listeners of his radio show.

Here is the complete text from his promised McCarthy-esque list.

Arianna Huffington on her Huffington Post website has been requesting names of those who'd like to be on O'Reilly's list. She has promised to "hand deliver them" to O'Reilly.

The BRAD BLOG regrets not making O'Reilly's list, but promises readers that we will endeavor to continue our accurate reporting on well-paid media character assassins like O'Reilly in hopes of some day rating the honor of being on such a list.

UPDATE: Crooks and Liars has a clip from O'Reilly's radio show today, which begs the question: Has O'Reilly simply gone bonkers?

A B C as easy as
1 2 3 as simple as
do-re-mi, A B C
1 2 3 baby you and me

Just finished a rather remarkable hour on our good friend Peter B. Collins' radio show on KRXA out of Monterey, CA.

Peter was able to bring Nghia Nguyen Demovic, a spokesperson from the CA Sec. of State's office, on air the last few minutes of the hour to try and clarify some of the last minute tomfoolery that seems to be going on concerning the impending decision about whether or not to re-certify Diebold Electronic Touch-Screen Voting Machines in the state of California.

Demovic dodged and danced, and generally evaded such probing questions as what the response from the community was at a public hearing held last week in Sacramento where input was sought concerning the decision about whether or not to allow Diebold back into the state after a major test over the summer revealed that some 20% of Diebold's AccuVote TSx voting machines failed to operate properly.

As previously reported on BRAD BLOG, the Republican SoS Bruce McPherson --- remarkably, and nearly inexplicably --- seems to be leaning towards allowing their faulty machines back into the state as the Help America Vote Act's January 1, 2006 deadline for such acquisitions rapidly approaches.

Though Demovic admitted on-air that she was at the meeting in question, and though it's been reported publicly that the Anti-Diebold folks far outnumbered the Pro-Diebold forces, she wouldn't even admit that much! Here's the The Stockton Record on the meeting last Monday, for example:

Nonetheless, Demovic refused to confirm that information for some reason.

So it was a public meeting, on the public record, that she attended in her capacity as a tax-payer salaried "Communications Director" for our own Secretary of State, yet she refused to give the audience of a California radio station accurate information about what is occurring in our own state capital concerning our own electoral system.

Is "What the fuck?" appropriate to ask here? Or might it be more appropriate to wonder why she hasn't yet been hired to take Scottie McClellan's place in the Bush Administration?

Listen to the segment yourself [MP3]. The clip linked here is just the short 8 minute phonecall with Peter and myself questioning Demovic.

Once again we'll remind you that SoS McPherson's office has asked for public comment about all of this and whether or not you feel they should recertify Diebold Electronic Touch-Screen Voting Machines in California. (Whether they give a damn about such comments is another question). To submit a comment, visit http://www.ss.ca.gov/elections/elections_vs.htm, call (916) 653-6814 or email votingsystemcomment@ss.ca.gov.

And remember, as California goes...so goes the rest of the country!

UPDATE: Demovic also stated during the interview that a full list of those who were invited to participate in the conference was on the SoS website and in response to my question of whether Voting Rights and Election Reform groups were invited she said that yes, they were invited, and yes, they were all listed on the SoS website. Well, here's the website for the event, and unless I'm missing it, I don't see either the list of invited groups (other than speakers, who all seem to be largely from the Electronic Voting companies or Secretaries of State), nor do I see any Voting Rights or Election Reform organizations on the agenda.

UPDATE: The complete text transcript of the coversation now follows...

Guest Blogged by John Gideon of VotersUnite.org

Today a judge found that Diebold has no right to not follow North Carolina state elections laws. If they are going to sell their systems in the state they must comply with the software escrow requirements. Diebold says they can't meet those requirements because they use some third-party software and they cannot allow others to see that software; it's not theirs legally. Diebold may now decide to pull out of the state. Does your state require source code escrow and is that requirement being fully enforced?...

From Reuters...

Guest blogged by David Edwards

Last week, über-lobbyist Jack Abramoff's former partner Michael Scanlon pleaded guilty. As part of the plea deal, Scanlon admitted that he conspired to bribe public officials and defrauded several Indian casinos of millions of dollars. Scanlon has agreed to cooperate with the prosecution and pay restitution in the amount of $19 million.

Yesterday, on the Sunday talk shows, they were abuzz about the spectre of a scandal which threatens to overwhelm Washington. We've got a video compilation below.

U.S. News & World Report has learned that Scanlon is now the star witness "in a probe that threatens to ensnare officials throughout the nation's capital." A source reports that the scandal could take out a least a dozen in Congress.

John McCain is leading the senate investigation into Abramoff which has been also linked to the anti-government crusader Grover Norquist. According to an article in the Boston Globe, Norquist is now attacking McCain.

We've put together clips of discussions on the GOP's Abramoff scandal from this Sunday's editions of ABC's This Week and Fox News Sunday. All the pundits seem to agree that this investigation could become a big problem for Republicans.

Video in Windows Media format...
Video in QuickTime format...
Audio in MP3 format...

(If anyone feels like typing up a partial transcript, let me know, and I'll post it here.)

Guest blogged by David Edwards

We aren't suggesting that this is a sign from God {note from Brad: I am!} but there may be, at the very least, some irony involved.

A part of the Supreme Court's marble facade located underneath the words "equal justice" have broken off and fallen to the steps below. We are pleased to report that no one was hurt by the falling debris. {another note from Brad: no one was hurt literally, but thousands have been hurt, maimed and killed by the metaphorical collapse of "equal justice" from the Supreme Court. But most of you all knew that.}

Video in Windows Media format
Video in QuickTime format

UPDATE: Chunk that collapsed was just above a statue representing "Order". Photo here...

Guest Blogged by John Gideon, of VotersUnite and VoteTrustUSA

As an introduction, the "DVN Top 5" is a feature that I have been providing in the weekly voting newsletter of VoteTrustUSA. The November 21 edition can be found here. The selection of what will be the "Top 5" for each week and where it goes on the list is all mine. The fact that you may disagree with my choices is great because it shows that you have been reading the DVN articles that I've posted throughout the week here on BRAD BLOG!...

Guest Blogged by John Gideon of VotersUnite.org

Just 4 weeks ago the Athens Banner-Herald in Georgia editorialized in favor of the repressive new Georgia Voter ID law. This law had, just 3 days prior to the editorial, been found by a federal judge to be an example of a "Jim Crow-era Poll Tax" and thus the law was suspended. Critics have charged that the requirement for Photo ID at the polls will disenfranchise millions of mostly Democratic-leaning minorities, elderly, poor and urban-dwellers who don't own driver's licenses.

But things have changed since the Banner-Herald's original Op/Ed. One of the Georgia bill's sponsors, Rep. Sue Burmeister (R-Augusta), got caught with her sheet down when she made statements to the U.S. Department of Justice who had been tasked with determining the legality of the new law under the Federal Voting Rights Act. Her statements were released along with a story revealing that 4 of the 5 career staff members in the DoJ who were advising on the matter had recommended against giving approval to Georgia's new law. That advice was then overruled by the Bush-appointed Attorney General and the law was given DoJ approval just prior to be ruled as unconstitutional by two Federal courts.

In her statements, Burmeister is said to have told DoJ officials looking into the law that blacks in her district only vote when they are paid to do so. Those remarks are contained in the 51-page report from the DoJ's analysis recommending against approval of Georgia's law. Burmeister reportedly told officials that "when blacks in her precinct are not paid to vote, they do not go to the polls."

Perhaps it is not so strange then that on November 22, after the release of the statements from Burmeister, the Athens Banner-Herald has admitted that perhaps there are changes that need to be made to Georgia's voter ID law. Perhaps it is not right, the paper now admits, to force all voters to have a state-issued voter ID card that costs the voter between $20 and $35. Perhaps it is not right to force a voter who cannot afford to pay for the card to sign a "Pauper's Affidavit" as the original law required.

So today, in a remarkable reversal, the Athens Banner-Herald's Executive Editor, Jason Winders, editorialized in a scathing article against Burmeister...

Guest Blogged by John Gideon of VotersUnite.org

In New York it seems like a majority of voices, including the MSM, have come out in favor of optical-scan voting machines. Unfortunately the vendors working the state have all made the decision that they will not sell optical-scan machines no matter who, including the county officials, wants to buy them. In New Jersey we have another case of stupidity as elections officials conduct a recount on DRE voting machines....

Guest blogged by David Edwards

by Steve Bell
The Guardian