Guest Blogged by Andi T. Novick, Esq.

New York is the last state in the nation to have a non-computerized, transparent voting system. We still use immutable, theft-deterring mechanical lever machines to count our votes. (* - Please seen bottom of this article for a quick explanation of how lever machines work, for those who may not know.)

New Yorkers are fighting to keep their current voting system, notwithstanding that New York's legislature passed a law in 2005 that says we should give up our observable, reliable levers in exchange for unreliable, concealed software-based vote counting machines. Nearly 1,800 New Yorkers have signed a petition, and three counties (Dutchess, Ulster, and Columbia, all PDFs), have passed resolutions to save New York's lever voting system.

The Association of Towns (half of New York's entire population lives in towns) recently passed a resolution to save the levers [PDF], and Nassau, Greene, and other counties are presently considering similar action to retain New York's lever voting system.

Moreover, reliable sources have confirmed for me that neither the Governor nor the Attorney General nor the State Legislature that passed the "Election Reform and Modernization Act" (ERMA) want to replace the levers anymore either (what politician would want to be responsible for choosing to cut essential programs for hungry children or the elderly, just to be able to replace our superior and affordable voting system with budget-breaking computers that are notoriously corruptible and defective?). But the State Legislature has not repealed ERMA and the Attorney General, to date, has supported the State (not the citizens).

So what is driving New York State to stick with a law that so many in New York believe to be such a bad idea? As a New Yorker who has been talking to many election commissioners, legislators and citizens, I was surprised to learn how many people believe the "Help America Vote Act" (HAVA) actually banned lever machines.

I read HAVA. It clearly does not ban levers. I recently discovered what has helped fuel this misinformed opinion in part: it is the discredited position of the discredited U.S. Election Assistance Commission (EAC), as detailed in a newly-unearthed document prepared for the state of Pennsylvania, at their request, in regard to the legality of lever voting machines.

Although the agency is not a court of law, and not even an agency deserving of deference for its opinions --- its allegiance has clearly been shown to be not with either voters or democracy --- the "HAVA-banned-levers" rumor was given the imprimatur of the EAC through this little-noticed document...

Guest blogged by Steven Rosenfeld of AlterNet

The electronic voting problems in the 2008 election are broader than recently-publicized snafus such as machines not turning on, voter databases omitting names, or touch screens not properly recording votes, according to an analysis of 1,700 incident reports from the nation's largest voter hotline.

Moreover, the voting machine issues and the confusion they caused among poll workers appear to have compounded the delays faced by untold thousands of voters this fall, a preliminary analysis of 1-800-OUR-VOTE reports by Joseph Lorenzo Hall, a researcher at Princeton University and the University of California, has found...

Actor Tim Robbins, one of a few who've been very outspoken about election integrity concerns, was told he was no longer on the rolls yesterday in NYC, at the polling place where he'd voted for "more than a decade".

A "ruckus" reportedly ensued as Robbins fought to not have to vote on a provisional ballot, and eventually was forced to go see a judge in order to get to cast his vote.

Says Robbins, in the short video below, as he was in the process of getting the needed paperwork to fight to cast his vote in America: "This is what you have to do to vote... I had to go down to see a judge... My name was not on the roll, and I'm not the only one. According to workers, 30 people in 5 hours had been taking off the rolls. You can do the math on that. 6 per hour, per district across America..."

P.S. Note from Brad: Much to get caught up on today --- from the Al Franken mess in MN, questions about the Prop 8 results in CA, about Ted Stevens' Diebold re-election in AK, MO's close race for President and much more --- even as I've got a phalanx of promised media interviews, etc. to get through all day. Remember, most of the problems from Election Day don't begin to reveal themselves until the days following the election. So much catchup to come soon. My thanks for your patience, and for both Jim Cirile and Des' work in keeping this joint up to date-ish as I've been otherwise unable to do much BRAD BLOGGING over the last 24 or so...

UPDATE 12:20pm PT: The Nation's John Nichols notes the "Orwellian twist", given Robbins' appearance on Real Time with Bill Maher just over a week ago, urging people to fight for their right to vote not on a provisional ballot if they found themselves purged from the rolls on Election Day...

See below for a rather breathtaking "Round-up of Problems Facing Voters Nationwide", such as registration backlogs, illegal voting roll purges, deceptive practices and dirty tricks, etc., now plaguing American voters across the country with just 17 days left before our country's biggest election ever.

All of that, while Fox "News" (whose asked me to come on live tomorrow, Sunday, at 2:40pm PT, btw, along with my old friend John Fund "for balance") continues to misreport, alarm and deceive their viewers in regard to the GOP's phony ACORN "voter fraud" fraud. Unfortunately, it's not just Fox who is irresponsibly and dangerously misreporting that scam --- though they seem to have made a small cottage industry out of it of late --- CNN and MSNBC have been filed loads of equally inaccurate and misleading reports on it as well.

But take a look at the "Round-up" below, sent this afternoon via email by the 866ourvote.org Election Protection coalition of non-partisan election watchdogs. And keep in mind that their summary below doesn't even mention the myriad electronic voting issues we've been reporting here of late --- touch-screen votes flipping, paper ballot electronic tabulators that can't count correctly or that add thousands of "phantom votes" or that drop thousands of real ones etc. --- cropping up, yet again, across the country...

We've been reporting on the GOP's October "Surprise" over the last few days (challenges to Democratic voter registrations in a number of states, and, perhaps more notably, their bogus PR campaign to charge that ACORN, a community organization that heroically registers millions of low-income voters who nobody else bothers to, is committing "voter fraud." See here, here and here, for example.)

But the November Surprise, as we've been trying to warn for many months (if not years), will undoubtedly be the thousands who show up to the polls to vote on November 4th, only to find out that they have somehow "fallen off" the voter rolls.

We've urged folks to check their registrations, even if they recently voted in a primary election, to make sure they haven't been purged (info on how to do that quickly in all 50 states, right here).

Late last month, CBS News reported on voter purges occurring in at least 19 states across the country, many of them swing states, naturally.

Today, the New York Times has published a scathing report, based on a detailed investigation revealing that "Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registering in ways that appear to violate federal law."

We've got to run out to host an hour of "Election Year Special Coverage" right now on KPFK/Pacifica, (guests to include filmmakers Patty Sharaf of Murder, Spies & Voting Lies: The Clint Curtis Story and John Ennis of Free For All!: One Dude's Quest for Democracy), so here are some very notable, must-read excerpts from the Times full report for the moment. So, we may have more thoughts on all of this later today, but for now, please read on!...

Guest Blogged by Bo Lipari of New Yorkers For Verified Voting...

You would have thought that since there have been so many documented problems in other states over the years that voting machine vendors would have gone out of their way to make sure new systems being deployed in the Empire State were thoroughly tested, met all state requirements, and worked flawlessly.

At a minimum, you would expect that any business fulfilling an enormous, multi-million-dollar contract to a new client would make sure the systems were, well, at least operational. But, incredibly, you would be wrong. The machines which ES&S and Sequoia are providing to New York State are failing initial testing at a rate which would astound anyone – unless you’ve been following the voting machine industry for the last 10 years.

I discussed these problems on my July 2, 2008 Voice of the Voters [MP3] radio show with my guest, Bill Biamonte, Election Commissioner of Nassau County, the second largest Board of Elections in the state which serves over 870,000 voters. In a June 26 letter to Judge Gary Sharpe, who ordered New York State to complete its Help America Vote Act implementation by 2009, Nassau County reports the unbelievably high failure rates they’re finding in the systems they’ve received:

Guest Blogged by Rady Ananda...

"The voting industry sells crap, and that is the problem."
-Douglas A. Kellner, Co-Chair New York State Board of Elections

I received a cache of documents surrounding NY's electoral system. Some of this material indicates justified resistance to computerized systems that fail to perform as intended, despite being certified. Some exposes deliberate info-suppression, preventing election officials from acting in the best interest of the public. One NY attorney extensively researched NY's election law history, showing the wisdom and security of prior law. A University of Virginia professor researched lever voting machines and provides a dire warning about new technology with its paper-based audit trail. This lengthy piece synthesizes the material for those interested in New York's battle to retain election integrity or to implement wholly condemned systems that have failed across the nation.

Congrats to Bo Lipari and the NY Verified Voting crew, on a milestone in their long, and continuing fight for election integrity in the state of New York. Writes Lipari this morning:

Now, of course, the fight will continue to make sure the state actually bothers to count those paper ballots when they get them, as it will be error-prone, hackable, optical-scan devices that are purchased across the state.

The good folks of NY will also want to keep a close eye on the attempted hostile takeover of Sequoia Voting Systems by competitor Hart InterCivic (as reported to date only by The BRAD BLOG, unfortunately) and in light of the $100 million worth of pending contracts NY now has with Sequoia for all new voting machines.

That $100 million hangs in the balance, as the contract with Sequoia may soon result in NY finding themselves in business with an entirely different company than they bargained for, one with a federal fraud suit hanging over the head, and one that could give a completely new meaning to the phrase: "I Hart NY"!

-- Brad Friedman

As if Sequoia Voting Systems doesn't have enough trouble already, the company now needs some $2 million dollars in cash...quickly. Without it, it is likely to be subsumed by one of its nearest competitors, Hart InterCivic of Austin, TX, as soon as next Tuesday, The BRAD BLOG has learned.

In what could well be a major shift on the American election industry landscape --- and certainly on elections themselves in dozens of states across the country --- voting machine company Hart InterCivic informed the current owners of the beleaguered Sequoia of their intention to acquire ownership of the company in a move which could take effect as early as next week.

The attempted hostile takeover --- which, we've learned, has been quietly in the works behind the scenes since mid-February --- has set off a building panic among the senior management and owners at Sequoia, whose money woes had already led them to schedule a shut-down of their Oakland headquarters. That shop is to close within a matter of months, as the operations for the company are to be consolidated at its Denver offices.

The takeover by Hart is made possible in the wake of a deal made by Sequoia's current owners, SVS Holdings, Inc., with its former owners, the off-shore consortium Smartmatic. Smartmatic was forced to give up control of the company after the media and Congress noticed in 2006 that the company had ties to Venezuela's Hugo Chavez. The officers and owners of SVS are comprised largely of previous Sequoia officials who took over the company after Smartmatic's failed attempt to find an outside buyer in 2006. The deal resulted in an agreement between SVS and Smartmatic for the latter to hold a $2 million note from the purchase. Smartmatic now appears ready to sell that note to Hart as part of a $16 million dollar deal which SVS has a contractual right to match within a 60-day period, ending on April 15th.

Sequoia is believed by election experts to be this country's third largest voting machine company, followed by Hart. The combined operation, should the takeover be completed, could well create a new powerhouse in the industry, displacing #2 Diebold/Premier, and coming up just behind the country's currently largest election vendor, ES&S.

Court documents obtained by The BRAD BLOG reveal that Hart notified SVS of its intention to purchase the $2 million note held by Smartmatic on February 15th, giving the group of owners and share holders of SVS --- including CEO and President Jack Blaine, and VPs Michelle Shafer and Edwin Smith (whose names BRAD BLOG readers may recognize) --- just 60 days to match the offer Hart had given to Smartmatic. As the deadline nears, Due Dilligence processes have begun, and are near the final phases of completion at Sequoia...whether company management likes it or not.

Hart's move has sent Sequoia/SVS executives into a legal and financial tizzy and --- perhaps taking a page from Hillary Clinton's campaign book --- the company seems to be throwing the legal kitchen sink at both Hart and Smartmatic in an attempt to nullify Hart's offer. Court documents reveal arguments that Hart's is not a "bona fide" offer that SVS is legally required to match. So far, however, those legal maneuvers, reflected by a dizzying array of motions and cross-motions, suits and counter-suits --- completely unreported by anyone in the media until now --- have all been summarily and soundly rejected by the Delaware magistrate adjudicating the matter.

Every legal effort by Sequoia and SVS to dispatch with the hostile takeover attempt has failed miserably so far, leading Vice Chancellor Stephen P. Lamb of the Court of Chancery in Delaware to even describe one such legal theory of SVS' as...(big irony alert!)...a "conspiracy theory"!

But while Sequoia faces a plethora of legal liabilities concerning their oft-failed voting systems, Hart InterCivic faces its own share of challenges with a pending --- and damning --- federal fraud/qui tam suit against the company, as unsealed late last month. Moreover, Hart's acquisition plan could face scrutiny from members of Congress and Treasury Department officials, as well as states across the country who thought they had turned over control of their elections to Sequoia, only to soon learn there will be a new owner, not of their choosing, of the secret software and devices which determine the results of their public elections.

While litigation over claims of fraud and failure in both company's voting systems await, so does at least one major prize to the victor of this grudge match: New York state's soon-to-be-completed $100 million deal with Sequoia...or maybe now with Hart...or...whoever...

Guest blogged by Jon Ponder, Pensito Review.

New York's Democratic Gov. Elitot Spitzer has told his top aides that he is involved in a prostitution ring that has been exposed in Washington:

The governor's travel records appear to confirm that he was in the capital when one of the federal prosecutor's male suspects met with a prostitute from the ring.

Should Spitzer step down, he would be replaced by Lt. Gov. David A. Patterson, a Democrat from Manhattan. Patterson is the first African American elected lieutenant governor of New York, and would be the state's first black governor. He is also legally blind.

New York Mayor Michael Bloomberg has used the "F" word to describe what may have taken place when zero votes were registered for Barack Obama during unofficial results at nearly 80 precincts in New York City on Super Tuesday, including several in heavily African-American areas such as Harlem.

"If you want to call it significant undercounting, I guess that's a euphemism for fraud," the tin-foil hat-wearing conspiracy theorist Mayor --- who would not be welcome to post at the Daily Kos --- is quoted telling the New York Post today.

Politico's Ben Smith follows up today to report that a Bloomberg spokesman "reiterated the charge in an e-mail," but curiously notes that Bloomberg, who "controls the police department" in New York City would not be launching an investigation.

"Loeser said he didn't think there was actually a legal issue at stake in the preliminary, unofficial vote counts," reports Smith.

So if we have all of that straight, the NYC Mayor's office confirmed they believe there was "fraud" at work in the city's Primary Election, but don't believe there are any "legal issues at stake." Interesting position.

For our part, The BRAD BLOG covered the curious issue of NYC's zero vote totals as it emerged last week from a report by the New York Times (which included some misleading information, by the way, as we noted). We don't know if the matter rises to the level of fraud or not. But if we were to use that word, we'd also be calling for a full investigation by every appropriate legal authority.

How the anti-Election Integrity folks who control the front page at the Daily Kos will have to twist and contort themselves to cover this news is beyond us. So we'll simply continue seeking out information from knowledgeable and uncompromised news sources instead.

Via Mark Crispin Miller, from New Yorkers for Verified Voting's tireless Election Integrity champion, citizen Bo Lipari...

Kudos to NY's EI folks! Please keep up the great work! Read Bo at NYVV for more details...

The conspiracy theorists at the New York Times today tell us something is amiss, but proceed to ultimately tell us nothing about why it happened, suggesting that all is just fine...and that it'd be even better if the city "upgraded" to new electronic voting machines...

So how did the numbers change from 141-0 to 261-136 and from 118-0 to 118-116? No confirmed explanation is given, but some lazy guesswork about how votes are counted on NYC's old lever voting machines is proffered by local Election Officials, and dutifully passed on by the Times who --- before proceeding with a misleading "ad" for new electronic systems --- soothes our concerns by informing us that an unspecified number ("a handful") of districts also reported zero votes for Clinton in the original, unofficial tallies...

Guest blogged by Jon Ponder, Pensito Review.

Yesterday, we learned that when he was mayor of New York, Rudolph Giuliani allegedly played a shell game to hide from taxpayers --- and his scornful wife --- the cost of dragging his security details along when he traveled out to Long Island to visit his then-girlfriend, Judith Nathan. Now comes news that he assigned a car and driver from the NYPD to Nathan during their affair:

Last December, Alan G. Hevesi, the New York State Comptroller, pleaded guilty to defrauding the government and resigned his position after it was revealed that he had detailed a state employee to attend his wife, who was an invalid:

In addition to pleading guilty to a felony, Hevesi paid a fine of $5,000 and reimbursed the state for $206,000.

No word as of yet whether New York's Democratic governor, Eliot Spitzer, will look into allegations that Giuliani used public employees to carry out personal services for him and his girlfriend.

Guest blogged by Jon Ponder, Pensito Review.

Fundraising is down dramatically nationwide for the Republican Party, but things are especially bad here in California, where the state GOP is in such dire straits that its ability to compete in both state and federal races could be affected.

But while the state party is cutting programs and considering layoffs, hundreds of thousands of dollars are flowing in from out-of-state fatcat supporters of Rudy Giuliani --- funds the state GOP can't touch because they are earmarked specifically to promote a ballot initiative that would, if passed, give Rudy (i.e., the Republican presidential candidate) 20 or so of the state's 55 Electoral College Votes, even if he loses the state to the Democratic candidate.

The California Republican Party has been in a death spiral since the 1990s when, under former Gov. Pete Wilson, the decision was made to make illegal immigration its signature issue. It's way too soon to send for the embalmers but the current crisis couldn't be worse: