Guest Blogged By Michael Richardson

Sometimes facts seem like fiction and sometimes fiction seems like fact. San Francisco voting machines have now provided both fodder for a new detective novel and a novel new lawsuit.

San Francisco City Attorney Dennis Herrera is the author of the lawsuit filed in San Francisco Superior Court against Election Systems & Software (ES&S) alleging fraud and breach of contract. Herrera charges that ES&S intentionally sold uncertified machines to the city and is seeking to recover $300,000 in damages.

The city lawsuit closely follows another lawsuit against ES&S earlier in the week by Secretary of State Debra Bowen. The state lawsuit seeks nearly $15 million in damages for the sale of uncertified machines in a number of counties.

Mark Coggins is the author of RUNOFF, the fourth novel in a series, about gritty private detective and professional smartass, August Riordan, who is hired to solve a rigged city election. In a special author's note, Coggins explains the characters are "complete figments of my imagination." Coggins also notes that the scenario in the book could not occur in San Francisco because of a law change in 2003.

"Residents of San Francisco will know--and perhaps now appreciate that the city does not use touch screen voting machines. They should also be aware that San Francisco is one of the few American cities to adopt ranked choice voting, which eliminates the need for runoffs. This was done after the 2003 mayoral election, but in my fictional version of the city runoffs are still possible, and, as it happens, very useful to the plot."

Riordan gets hired by the "Dragon Lady" of Chinatown to crack the case of the rigged voting machine. Before the detective is done investigating, the plot twists and turns leaving dead bodies all over the place. The first murder is nobody less than the city election director himself, killed in his basement elections division office at City Hall.

Seeking out technical assistance, the sleuth visits Professor Ballou at Stanford University, an echo of real life Stanford computer science professor, e-voting activist and expert, VerifiedVoting.org founder David Dill, who is thanked by the author in the book's acknowledgements.

Ballou gives Riordan the short course on voting machine security. "A touch-screen voting machine is just a computer --- a specialized kind of computer, but a computer nonetheless. Erroneous outcomes could happen for a variety of reasons, including software and hardware errors, procedural errors, security holes or hacks installed into the voting machines."

The modern day fictional noir detective, straight out the proud and gritty Sam Spade tradition, probes the fictional professor more about vote machine rigging, as the fiction ends and the facts begin. Riordan asks Ballou about ways to hack a voting machine.

"I'm afraid there are many, many different ways, but I'll try to focus on a few of the most likely. First, starting at the polling place, when the memory is removed from the computer, a corrupt pollworker could alter the results for the precinct before turning them in. It's much easier than ballot box stuffing because you only need to change one number and there is no need to steal or forge ballots."

But there is more, as the Professor's ominous instruction to Riordan is at least as terrifying in reality as it is under the guise of fiction...

Blogged by Brad from St. Louis, MO...

"San Francisco's experience with ES&S raises extremely troubling questions, not simply about the integrity of this company's technology, but about the integrity of this company itself," San Francisco's City Attorney Dennis Herrera said today in announcing his new lawsuit against Elections Systems & Software, Inc. (ES&S).

"There can be no more important duty in a representative democracy than to conduct elections, and it is a travesty to see that duty so flagrantly undermined by the fraudulent conduct of an election systems vendor," he added.

Well, no kidding! To quote from It's a Wonderful Life, "'Bout time one of you lunkheads said it!"

The suit filed today against ES&S, the "world's largest", comes on the heels of yesterday's announcement that California Secretary of State Debra Bowen was filing her own suit, to the tune of some $15 million, against the company for their illegal and undeclared use of uncertified touch-screen voting systems in several counties across the state, as well as their having lied about it to the state.

The Fog City Journal's coverage of the SF lawsuit begins this way...

We've been calling for some time for states and counties to hold the voting machine companies accountable for their horrendous, out and out fraudulent business practices. Looks like the floodgates may finally be starting to open.

So who's next? Make no mistake, there will be more. Perhaps many. Stay tuned...

Blogged by Brad from the road...

Of course, the dirty trickster Republicans, who are again attempting to put an undead initiative on the California ballot to re-apportion the state's Electoral Votes to split them up by Congressional District (instead of winner-take-all, as it has been for years, and is in almost every other state), would never resort to dirty tricks --- and fraud --- to get their initiative onto the ballot, would they?

Worse, they would never stoop as low as using the guise of support for children's cancer hospitals to achieve their goal, would they?

This posted yesterday by a UC Santa Barbara graduate student...

(Thanks to BRAD BLOG reader GM for the tip.)

A good report from a couple of days ago from the I-Team in Cleveland, Ohio. Unfortunately, they tend to run such reports just before Election Days, when it's too damned late to do a damn thing about it.

Nonetheless, some very good stuff here. Of particular note are the points from Diebold's recommendations which "appear to border on the absurd," that should voting machine memory cards be lost, "elections must be re-scheduled." Or if they fail, as our recent story concerning Diebold's admissions about memory card failures in Florida pointed towards, the company says "all voters will have to be called in to re-vote."

Heckuva voting system guys. Check out the report, above right.

NOTE: Discussion of suing Diebold comes up in this piece yet again. Along with the same concerns, as heard elsewhere, about "the Catch-22" of suing voting machine vendors. Namely, counties are afraid to sue the company they rely on to run their next election! The counties and the vendors are "joined at the hip," as the I-Team report points out. Call it a soft form of extortion, really.

If you haven't already, please sign VoterAction's petition calling on Congress to "conduct a full investigation into the dangers associated with the privatization of our public elections and to determine whether certain US voting systems companies have committed crimes under federal and state anti-fraud laws."

For an early look at concerns, largely of voter-suppression issues, around the country, Alternet has a very good state-by-state preview this morning.

All criminal charges against Andrew "Don't Tase Me, Bro" Meyer have now been dropped in exchange for an apology from the 21-year old student. We guess he didn't "incite a riot" after all, as originally charged by the police [PDF] who tasered him.

AP covers here. NYTimes covers here.

Meyer, however, remains defiant, and stands by the line of questioning that got him tased (inappropriately, in our opinion) for asking three questions of Sen. John Kerry during a recent, now-infamous, event at the University of Florida (video here).

On his website today, now that he's out of hot water, Meyer posts a number of opinions including...

• Tasers are bad: "Tasers are not 'non-lethal.' Since June 2001, more than 150 people in the United States have died after being struck by tasers. I do not believe a taser should have been used on me..."
• Democracy is good: "We talk about fighting for democracy in Iraq. What about fighting for democracy at home? There is nothing more central to democracy than the right to vote, and while Americans are fighting and dying for democracy in Iraq, democracy in America is dying without a fight. America, our voting rights are being stolen from us..."
• Our elections aren't fair: "Not only might your vote not count, but the "frontrunners" have already been decided for you. Why is anyone a "frontrunner" yet? No one has voted. ... The media, which is controlled by a few men, is deciding the agenda for the entire country..."
• Forget about "Liberal" vs. "Conservative": "The United States have been divided. The country has been split into 'left vs. right,' 'Red state vs. Blue state,' 'CNN vs. FOX News.' This is all false division..."
• Candidates on both sides are ignored: "The media has time all day to talk about Britney Spears or Lindsay Lohan, but millions of Americans have never heard the names Mike Gravel or Ron Paul..."
• Stolen Elections: "The will of the American people was subverted in both the 2000 and 2004 elections..."
• Wake up, America: "[D]emocracy depends on a free and fair election. If we the people do not decide the elections, than we the people are not living in a democracy. The problems of 2000 and 2004 have not been fixed. In fact, they have been expanded..."

Love him or hate him, we can't say we disagree with any of Meyer's general points. And we won't be issuing an apology about that.

Also not issuing apologies: Kerry and the majority of the students at the event who sat by and took no action as Meyer screamed in pain while being inappropriately tased by six police officers.

The Florida Police, however, acted appropriately according to a Florida Police review of the Florida Police actions. So we guess everything is just hunky-dory.

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

Still more folks are beginning to notice our disturbing Monday exclusive, including both the Washington Post and the U.S. House Judiciary Committee, which will be taking up the matter, we are told (and a report at TPM Muckraker confirms), in upcoming sub-committee hearings.

While many blogs had covered our report, the MSM had yet to ring in until today's report from Al Kamen at Washington Post who picks up on our coverage of the recent controversial video-taped comments by John Tanner, the Chief of the Voting Rights section of the DoJ's Civil Rights division.

Tanner said last Friday in Los Angeles at the National Latino Congresso --- and our own Alan Breslauer was there with video camera and tough questions --- that while it's a "shame" that the elderly may be disenfranchised by restrictive Photo ID laws at the polling place, minorities needn't worry, as they are less disenfranchised, if only because "minorities don't become elderly. The way that white people do. They die first."

The argument Tanner was making implied that, somehow, it's white voters who are more disenfranchised by such restrictions, rather than black voters. And, despite actual evidence to the contrary, somehow, that's all okay with him in any case, even as the GOP pushes for more such laws all across the country, with a presidential election year upon us, little if any evidence of actual voter fraud that would be deterred by such laws, and some 10 to 30 million legally registered American voters (most, coincidentally, Democratic-leaning) who might well be disenfranchised in the bargain.

That from, yes, the Bush DoJ's Civil Rights Division Voting Section chief.

Unlike so many other MSM outlets who have picked up on our stories before, WaPo's Kamen properly attributes The BRAD BLOG, twice, concluding his column today with: "Please, take a moment --- you owe it to yourself as a citizen --- to watch Tanner's illuminating analysis on this issue at https://bradblog.com/?p=5145."

Thank you, Al.

But Paul Kiel has still more goodies on all of this, including confirmation that the DoJ has now agreed to allow Tanner to testify at an upcoming House Judiciary Committee hearing, despite having rebuffed such an invitation previously. Moreover, The BRAD BLOG can confirm that, in fact, the committee has requested a copy of the video of Tanner's comments for possible use during the hearing to be held by the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

More than that still, Kiel reports in a MUST READ today, on what may finally be a bit of long overdue encouraging news for Election Integrity advocates in Ohio, in relation to their continuing efforts to see some sort of justice done and/or accountability brought for the 2004 Election debacle in their state...

Paul Kiel at TPM Muckracker has picked up on, and advanced, our Exclusive report yesterday concerning the remarkable comments made last Friday by John Tanner, the Chief of the Civil Rights Division, Voting Unit, at the DoJ, concerning Photo ID restrictions at the polls.

In a follow-up report today, Kiel gets reactions from former DoJ officials, including the man who previously held the same job as Tanner at the DoJ, charging that the remarks and logic behind them were "frankly ludicrous" and "false" and based on "cherry-picking the data that he wants to use."

A DoJ source of our own wrote to us after yesterday's report and characterized the comments as Tanner's "Imus moment."

Tanner had told a group in Los Angeles last Friday --- and our own Alan Breslauer was there to catch it on video tape --- that non-minorities were more likely to be disenfranchised by such restrictive polling laws laws than African-Americans.

"It's probably true that among those who don't [have Photo ID], it's primarily elderly persons. And that's a shame," Tanner told the audience. He then added: "Of course...our society is such that minorities don't become elderly. The way that white people do. They die first." The implication being that, therefore, minorities are somehow less likely to be disenfranchised by draconian Photo ID laws at the polling place.

Tanner had approved a disenfranchising Georgia Photo ID scheme on behalf of the DoJ in 2005, despite the fact that 4 out of the 5 career civil rights unit staffers who had reviewed the law recommended against pre-approval under the Voting Rights Act. The law, once approved by Tanner, was later found unconstitutional by two federal courts, and described by one of the judges to be little more than a "Jim Crow-era poll tax."

ePluribus Media has much more on Tanner's resume and discriminatory reign as voting section chief in the Civil Rights Division.

Restrictive Photo ID laws, being strongly and strategically pushed by elements of the GOP around the nation, are controversial since anywhere from 10 to 30 million Americans, largely Democratic-leaning voters who are elderly, minorities, and/or urban dwellers, are believed to have no driver's licenses. Most states already have requirements for some form of ID when voting, though not necessarily state-issued Photo ID.

Further, the federal Help America Vote of Act of 2002 already requires proof of identity when a voter registers to vote. In the meantime, by even the DoJ's own numbers, voter fraud at the polls is exceedingly rare in America. That, despite GOP kool-aid drinkers like Rep. Duncan Hunter and his recent unfounded claims to the contrary.

According to Kiel at TPM Muck today, both Tanner's predecessor Joe Rich and the man who analyzed the numbers for Tanner at the DoJ in the Georgia case, Toby Moore, strongly dispute Tanner's comments, characterizing them as "not only wrong, but way off, and typical of the type of decision making" in the current DoJ's Voting Rights section...

Guest Blogged by Alan Breslauer with additional reporting by Brad Friedman

Unbelievably, the Chief of the Voting Section of the Civil Rights Division, U.S. Department of Justice, John Tanner, contends that while it's "a shame" that elderly voters may be disenfranchised by new Photo ID restrictions at the polls because many don't have driver's licenses, minorities don't have to worry quite as much. Why? Because "minorities don't become elderly the way white people do. They die first."

Yes, that's what Tanner said last Friday at the National Latino Congreso in Los Angeles and The BRAD BLOG was in tow with video camera to prove it...

Guest Blogged by Alan Breslauer

University of Pennsylvania professor Steve Freeman, author of the important book, Was The 2004 Presidential Election Stolen?: Exit Polls, Election Fraud, and the Official Count, sat down with The BRAD BLOG at the 2nd Annual National Latino Congreso in Los Angeles on Friday.

Below are clips from our video interview with Freeman, broken down into five easy viewing segments, including his contention that his initial investigations into electronic voting led him to believe "There has to be some safeguard, it can't be this easy to corrupt. But it is. Even worse. If you haven't looked into this it is worse than you can possibly imagine."

The video clips, and text snippets of his answers to our questions, all follow below...

Who won the 2004 presidential election? - Freeman's short answer: John Kerry. He explains that while the official vote count gave George W. Bush a narrow margin of victory in Ohio of 120,000 votes and a slim electoral win, exit poll data indicates that Kerry actually won Ohio by 500,000 votes and won the national vote by a 6 million vote margin.

More video Q&A's follow below...

At last Thursday's Republican Debate --- the one which the four Republican front-runners refused to attend --- sponsored by PBS and hosted by (egad!) African-American broadcaster Tavis Smiley, the question of Photo ID restrictions on voters was raised by the Atlanta Journal-Constitution's Cynthia Tucker.

California Rep. Duncan Hunter's answer was interesting. And it's no small matter given that trying to disenfranchise Democratic-leaning voters seems to be Strategy #1 (once again, but moreso than ever) for the desperate GOP in 2008.

That's just one of the reasons why Barack Obama's block of the Dem "deal" to slide through the nomination of Bush's evil GOP anti-voter zealot, Hans von Spakovsky, to the FEC today is so important.

Tucker's question from last Thursday: "Many voting rights advocates are worried about rigid voter ID laws which require photo ID like a driver's license. Are you concerned that some eligible voters will be denied the right to vote simply because they don't have a driver's license?"

Hunter's imaginative answer: "We have right now a real danger of people that are illegally in the country being rounded up, herded into the polls, we've seen that in California, voting illegally. That disenfranchises everybody in that community."

Really? We've "seen that in California," have we? Undocumented (illegal) aliens being "rounded up [and] herded into the polls" and "voting illegally"?

Living out here in the Golden State, we hadn't heard of that one. And we do follow these issues fairly closely. So we checked with Hunter's campaign to find out if they could offer any examples of such illegal votes from herded aliens in our state...

[ED NOTE: Rogers has now posted his story, and our suspicions about who the name of the previously unnamed Congressman was correct! See update at bottom of article for more details! Also: The bad code that caused this article to freeze up in Microsoft IE has now been corrected.]

Investigative journalist Mike Rogers of PageOneQ and BlogActive promised us a scoop during this evening's "Progressive News." We're Guest Hosting the show for the vacationing John Scott today and tomorrow on San Francisco's Air America affiliate, Green 960am.

The man who outed the not-yet-resigned Sen. Larry Craig delivered his tantalizing scoop during our final minutes on today's show. (Full show details, archive here.)

"A United States Congressman who, while he was living in one place and claiming a tax break for that fact was registered and was voting in an entirely different state," he told us.

"The person owned the house with another man," Rogers teased, adding "the man that he owned it with, when you found out what he did, it almost makes this Congressman look like an angel."

We're getting really tired of picking on Democrats. But with clueless Senators like Nebraska's Ben Nelson, it seems like we continue to have little choice.

Picking up from where we left off yesterday regarding this morning's vote in the Senate Rules Committee on whether or not to send a recommendation for approval on the FEC nomination of the DOJ's GOP "Voter Fraud" flim-flam operative, Hans von Spakovsky, to the full Senate. Again we again defer to Paul Kiel's TPMMuckraker report that the Democrats, thanks to a defection from Nelson, were unable to reject the nomination outright and will have to pick up the fight on the Senate floor, where the GOP (unlike the Dems) will march in lockstep to get what they want. Even from the minority...

More on the evil von Spakovsky here.

More details on today's negotiations here, including Feinstein's statement: "I don’t feel that this is an unbiased individual." Minority Leader Mitch McConnnel's (R-KY) hardball in return: "None of these nominees will move across the Senate unless they move together."

In related your-right-to-legally-cast-a-vote-is-under-attack news, as Arlen Parsa covered for us in a bit more detail earlier, the Supreme Court has agreed to hear a Democratic challenge to Indiana's voter disenfranchising Photo ID law.

The very smart Election Law Blog's Rick Hasen sees this as good news for opponents of such laws, but we've got our money on a 5 to 4 ruling in favor of the GOP law, created (by Thor Hearne and Friends) in the hopes of keeping Democratic voters from being able to cast their votes on Election Day. We hope we're wrong, but Bush's Supreme Court hasn't given us much to be hopeful about.

You'll note the supporters of the restrictive, Jim Crow-type legislation have been unable to offer a single case of a voter in the state voting as someone else at the polling place.

Perhaps Sen. Ben Nelson would like to issue a resolution in support of such laws? Idiot.

California Secretary of State Debra Bowen's Election Fraud Unit has just announced that felony charges have been filed against a Sacramento woman who appears to have forged the names of five voters while gathering signatures for a 2006 ballot initiative.

The initiative was sponsored by Pacific Gas & Electric (PG&E), which hired the woman to gather signatures for a petition to get the initiative onto the ballot. She earned 75 cents per signature, netting her a total of $3.75 from the allegedly fraudulent signatures, according to the press release just sent to The BRAD BLOG by the SoS's office. (Complete press release posted at end of article.)

The signatures were excluded before the initiative qualified for the ballot, which eventually passed during the June 2006 election.

So why all the effort and resources expended to bring felony charges for such a paltry sum, for an election that's already over, particularly when the signatures weren't even used?

The reason, as we see it, is two-fold. And there are lessons to be learned from both explanations. And not just in California where powerful GOP operatives are hoping to gain enough signatures to put an Electoral College busting measure on the June 2008 ballot in desperate and cynical hopes of splitting the Golden State's electoral vote on a proportional basis in order to game the 2008 Presidential Election.

The new Secretary of State of Ohio would do well to take away the important lesson, once again from her sister in Sacramento...

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...