In what appears to be the only known case of the Democratic Party itself (to our brain-addled knowledge anyway, since we've been on the road for the last several days for last minute super-secret meetings that have left us exhausted for the moment), the Alaska Dems and the DNC Alaska Communications Director have announced a lawsuit is being filed to demand the state release election records from 2004.

Yes, they are still trying to figure out what happened in 2004. And in America 2006, apparently such info can only be obtained (perhaps) by going to court!

The complete press release issued today is posted in full below, but here's a recap on this mind-numbing story up until now:

In December 2005, the Dems asked the state for the election data files from the '04 election. They were told that they couldn't have that information, because the state's contract with Alaska made that information a "company secret" of Diebold's!

After complaints to the state, and the state's consultation with Diebold, the state agreed to release the information, but only after informing the Dems they'd have to cover the cost of (and this is a direct quote from their letter), "manipulating the data" before releasing it!

Finally, before the data could be released --- "manipulated" or otherwise --- the state's top security official announced they would not release the information after all because it was a "security risk."

Oh, how I wish I was making this shit up. But I'm not.

So, now the Dems up there are showing a rare bit of spine and going to court to get at that highly secret and super dangerous information otherwise known as "how American citizens voted in an election two years ago."

Why are they so interested in this info in the first place? Here's a graf or two from the release (which you should read in full below for full impact!):

UPDATE 4/19/06: The entire complaint, filed as #3AN-06-7035 CI, is now available here [PDF]. Coverage from today's Alaska Daily News is here.

The entire press release from the Alaska Dems follows...

A bizarre story concerning Alaska's 2004 Election has taken yet another even more bizarre turn this week, The BRAD BLOG has learned.

A long-standing public records request for the release of Election 2004 database files created by Diebold's voting system had been long delayed after several odd twists and turns, including the revelation of a contract with the state claiming the information to be a "company secret."

But while it finally appeared as though the state had agreed to release the information (after reserving the right to "manipulate the data" in consultation with Diebold before releasing it), the state's top Security Official has now --- at the last minute --- stepped in to deny the request. The grounds for the denial: the release of the information poses a "security risk" to the state of Alaska.

The state Democratic party has been attempting since December of last year to review the Diebold GEMS tabulator data files from the 2004 election in order to audit some of the strange results discovered in the state, including a reported voter turnout of more than 200% in some areas.

"At this point," Democratic Party spokesperson Kay Brown told the Anchorage Daily News in January, "it's impossible to say whether the correct candidates were declared the winner in all Alaska races from 2004."

Some of the questionable results from the 2004 Election were outlined in a January 23rd letter [PDF] to the state's Division of Elections from the Alaska Democratic Party chairman, Jake Metcalfe. Amongst the anomolies detailed in Metcalfe's letter: "district-by-district vote totals add up to 292,267 votes for President Bush, but his official total was only 190,889."

The state Division of Elections, which had previously relented and agreed to release the data after refusing at first to do so, announced its latest about-face in a letter to Metcalfe on Wednesday citing the following concern from Alaska's Chief Security Officer Darrell Davis after he reviewed the public records request:

The complete letters from Alaska's Division of Elections Director Whitney Brewster and Chief Security Officer Darrell Davis are both available in full here [PDF].

The earlier twists in this strange tale occurred first in January and then in early February.

In late January, we reported that the state had refused to release the Election Data Files on the grounds that their contract with Diebold disallowed the release of the files. Their contract, apparently, recognizes the voter information to be a "company secret" and thus the proprietary property of the company which could not be released to the voters of Alaska.

A week or so later, in early Februrary we reported that the state and Diebold had capitulated. Sort of. After conferring with Diebold, the state relented and agreed to release the files. However, they reserved the right to --- sit down for this --- "manipulate the data" in consultation with Diebold before releasing them!

As the Elections Director Brewster stated in a February 3rd letter [PDF] to Metcalfe announcing they would release the data:

And now, the new wrinkle, the state's "security risks" lead them to announce that "after careful consideration," they "will not authorize the release of the GEMS database or audit files" after all.

"Delivery of the database itself, and some of the information contained within this database," says the letter from Davis, "presents numerous security risks to the State of Alaska Government."

We couldn't make this stuff up if we tried.

So just to recap: First the voters of Alaska were not allowed to see their own voting data from the 2004 Election because it was the proprietary "company secret" property of Diebold. Then they would be allowed to see it as long as the state and Diebold could "manipulate the data" before releasing it. And now finally it's determined that allowing the voters to see how they actually voted in the 2004 Election would be a "security risk" to the state of Alaska.

No word yet on whether the Alaska Democratic Party will take the matter to court to seek resolution.

The American War on Democracy continues...

(Hat-tip to VoteTrustUSA.org for the heads up and additional information!)

UPDATE 4/18/06: The insane roller coaster continues. State Democrats are forced to file a lawsuit to get at the records showing how voters voted in 2004. Details now here...

Good news (perhaps) regarding our previous story on Diebold's refusal to allow the voters of Alaska to look at their own voting data since the Electronic Voting Machine vendor claimed the file format of their GEMS tabulation software was a "company secret" in their contract with the state.

But now, according to a letter from Alaska's Election Officials, published at BlackBoxVoting.org from Alaska's election authorities, "Diebold has agreed to waive its proprietary rights to the GEMS database files."

That apparent capitulation by the Voting Machine Company may set a precedent with wider implications for other states and counties seeking access to such data and other forms of transparency in public elections. See the BBV link above for more thoughts on some of the possibilities.

That said, there is still reason to be cautious about this news for a number of reasons. Note the following --- almost incredible wording --- from the published letter [emphasis ours]...

In just one more story which illustrates the many undemocratic dangers of allowing private companies to "own" our public elections, Diebold, Inc., one of America's largest Voting Machine Companies is currently blocking citizens in Alaska from viewing election data from the 2004 general election!

"All Alaska races from 2004" are now being questioned, said a Democratic party official in a written letter to the state Elections Director.

Questions have begun to arise about results from that election, including the reported revelation that "district-by-district vote totals add up to 292,267 votes for President Bush, but his official total was only 190,889."

The BRAD BLOG has obtained a copy of the letter sent yesterday by Jake Metcalfe, chair of the Alaska Democratic Party to Whitney Brewster of the Alaska Division of Elections. The letter responds to Brewster's refusal to supply the party with the requested data files and outlines a number of additional concerns about the reported 2004 election results.

The complete letter is available for download here [PDF].

Anchorage Daily News covers the emerging controversy today. Some highlights here [emphasis ours]:

Never mind, of course, that Diebold's "company secret" has been available for download from the Internet for years, since the company --- who claims to specialize in security solutions --- left the information sitting unprotected on a public download site.

The full story is here...

(Hat tip to our friend Peter B. Collins of KRXA 540-am in Monterey, CA for the lead!)

UPDATE 2/7/06: Alaska capitulates...sort of. Details now here...

At this time, the Bush/Ashcroft Justice Dept. believes Federal Big Government trumps States Rights and the Choice of the Voters in these matters.