Guest blogged by Ellen Theisen, VotersUnite.Org

Over two years ago, the U.S. Justice Department filed a lawsuit against New York State to force the state to comply with the federal requirement to equip every polling place with voting systems that are accessible to people with disabilities, as mandated by the Help America Vote Act of 2002 (HAVA).

Meanwhile, the DoJ has taken no action at all to stop any state from using voting equipment that has been proven to violate HAVA’s requirement for accurate vote-counting.

While it's important for every citizen, disabled or not, to be able to vote privately, a private vote is meaningless if that vote is not counted accurately. Despite the equal weight HAVA gave to both important mandates, the federal requirement for accurate vote-counting is being wholly ignored by the states, and even the federal government.

Two recent incidents which have been making headlines --- in New Jersey and Ohio --- illustrate clear, undeniable violations of the federal accuracy requirement. They are impossible to deny or ignore. For the moment, however, federal officials are doing exactly that...

Just out from the NJ Star-Ledger...

In the meantime, we repeat our background detail on this amazing (and sometimes hilarious) story in full below, as we ran it this weekend when one of the Princeton professors threatened by Sequoia found the failures in NJ were even worse than previously thought.

Please note: The same failed Sequoia AVC Advantage touch-screens are scheduled for use in Pennsylvania in the important upcoming Democratic Primary!...

A failure in Diebold touch-screen voting systems in Butler County, OH resulted in votes not being included properly in Election Night results, even though the system had reported that all votes were uploaded and recorded correctly. Once the error was discovered, a subsequent upload of all of the county's 1599 touch-screen memory cards to the Diebold central election tabulator after the election, also resulted in the failure to record the results of one of the memory cards, despite the system having reported that all results were "uploaded properly."

The failure of Diebold's widely-used AccuVote TSx machines during the state's March 4th primary election resulted in the initial loss of at least 150 votes, and has prompted a letter of concern to the company (posted in full at the end of this article) from Butler County's Election Director, Betty L. McGary and Deputy Director, Lynn Edward Kinkaid.

In the letter to David Byrd, President of Diebold's recently-renamed election division, "Premier Election Solutions," the officials point out that two different memory cards failed to upload vote tallies to the central tabulator.

"It may appear that every vote has been counted when cards indicate they are being properly uploaded, when in fact votes cast on a memory card(s) are not tabulated in the results," the officials wrote after having discovered the matter. "It is unimaginable how serious this situation could have been should the problem be undetected, or ignored," they concluded.

The letter also details yet another previously-unknown problem with Diebold's central tabulator --- one that could well-effect this November's general election --- as revealed to the officials by a company employee during the initial trouble-shooting of the problem.

Despite recent urgings from the Ohio Secretary of State, Diebold AccuVote TSx voting machines are still used as the primary voting system in 44 of Ohio's 88 counties, and are also widely in states across the rest of the country. The Cincinnati Enquirer reports that officials "don’t yet know whether the same glitch may have affected results from previous elections in Butler County or elsewhere." ...

Special to The BRAD BLOG by Jim Cirile

Clint Curtis doesn’t know when to quit.

The Florida computer programmer turned infamous whistleblower was allegedly asked by Jeb Bush crony (and future FL-24-R Congressman) Tom Feeney to write vote-flipping software for him in 2000 (here's the quick summary version of BRAD BLOG's coverage of the scandal). At the time, Curtis, then a loyal Republican, delivered the vote-rigging prototype to Feeney under the assumption that his software would be used to prevent e-voting manipulation by Democrats. When Curtis learned that the true purpose was to game the election results in South Florida, he blew the whistle.

A stacked-deck investigation by the Florida Ethics Commission --- where 6 of the 8 members of the panel are either Bush or Feeney appointees, or closely tied to one or both --- dismissed Curtis’ allegations without allowing him to testify, and without examining email and other evidence in the case, in violation of FL law. But Curtis would not go quietly.

He became a crusader, speaking at election integrity events around the country and eventually delivering jaw-dropping testimony (video here) to a stunned Congressional committee (who did nothing in response). Curtis even passed a lie detector test administered by the retired chief polygrapher for the Florida Department of Law Enforcement. Meanwhile, Feeney has been branded among the “Top 25 Most Corrupt in Congress,” for three years straight, by CREW, the non-partisan DC ethics watchdog group, most notably for his involvement --- and golf junket to Scotland --- with disgraced lobbyist Jack Abramoff.

In 2006, Curtis launched his first congressional bid --- now as a Democrat --- taking on Feeney himself for his FL-24 seat. A pre-election Zogby poll showed Curtis in a statistical dead heat with Feeney --- despite Feeney’s big-money smear campaign against Curtis (‘CrazyClintCurtis.com’ featured doctored photos of Curtis wearing a tin foil hat). But on election night, Feeney was announced the winner 57%/43%. Problem is, those election results didn’t make much sense based on the Zogby poll or Curtis’ own internal polling. So Curtis did something remarkable. He filed a Congressional election challenge.

His team went door to door collecting signed affidavits from FL-24 voters testifying as to how they voted. They found the results to be wildly off, by double digits in some places. Despite this evidence, the Democratically controlled House committee summarily dismissed his election challenge, along with several others, without bothering to even review Curtis' evidence.

And yet, Curtis is once again going after the FL-24 Congressional seat. Only this time, he’s not just running against Feeney. First he must defeat an attempt to challenge him by the Democratic party's hand-picked candidate.

We caught up with Curtis on the campaign trail where he made it clear, in our exclusive interview, that he had no intention of lying down or rolling over for naysayers, Democratic insiders, the woman chosen by the DCCC to challenge him, and certainly not the corrupt Tom Feeney...

Guest Blogged by Alan Breslauer

Art Levine at The American Prospect has a new must read piece titled, “The Republican War on Voting: Using the Department of Justice, friendly governors, and its usual propaganda outlets, the GOP has propagated the myth of voter fraud to purge the rolls of non-Republicans.” Here's a small taste of it...

Levine also draws quite a bit (and links to some) of The BRAD BLOG's years-long exposé coverage of high-ranking Republican vote-suppression cappo Mark F. "Thor" Hearne and his GOP front-group "American Center for Voting Rights" elsewhere in his detailed report.

In related news, John Tanner, the man in charge of the Justice Department's efforts to disenfranchise millions of voters until he was forced to resign after The BRAD BLOG captured and exposed him making crazy offensive comments on video (see below), has a new job, apparently. Tanner is reportedly now a fellow with the Alabama Law Institute - which provides the Legislature with legal expertise in drafting and revising laws.

Princeton computer science professor and now-well known academic hacker of e-voting systems, Ed Felten, reports on his blog...

His article offers the details of the latest findings, but for the disturbing --- and too-often hilarious --- background on this incredible continuing scandal...

Meanwhile, over at tech 'zine InfoWorld, Robert X. Cringely takes notice of BRAD BLOG's exposé from earlier this week, on the man Sequoia Voting Systems is paying to "independently" review their failed AVC Advantage touch-screen machines (the ones that failed in NJ recently, but which are still set for use in the upcoming, crucial PA primary). He was as amused/horrified at whom they'd hired, instead of the actually qualified computer science professors at Princeton University whom Sequoia had threatened with legal action, should they dare a real examination of the company's faulty machines.

Cringely sums up our report succinctly this way...

One small thought in response to the good Cringely here. Sequoia are not the "gate-keepers," they just think they are, and therein lie the problems. He, we, and you are the gate-keepers. And until now, we've failed horribly to keep the crooks and liars --- like the folks at Sequoia and Diebold and ES&S and Hart InterCivic (take a look at that report please Robert, and the stunning complaint downloadable with it!) --- outside of those gates.

By the way, with the crush of other news elsewhere, and even at The BRAD BLOG this week, our rather jaw-dropping report on Gibbons (even if we say so ourselves) was largely overlooked out there by the CMSM and even the blogosphere. These stories --- the embarrassing Gibbons/Kwaidan report, the remarkable federal fraud case against Hart, and all the others here --- don't spread themselves around. Please do not misunderestimate the importance of your DIGGING, REDDIT-ing, and otherwise emailing and linking up to these stories far and wide. Notifying your local media about them (include the URL when you email them), can make all the difference.

We're doing our part, and appreciate whatever hand you can lend in return. It matters.

As we often say, this democracy ain't gonna save itself. And the gates ain't gonna keep themselves, either.

[Updated post-show]

The good folks at L.A.'s Pacifica Radio affiliate, KPFK 90.7 FM, have asked me to drop in today from 2p-3p PT to host a "Special Hour of Election Year Coverage."

As you may have guessed, we'll be looking less at the "horse race" and much more at the "track conditions" today. We'll also be giving away a few DVD's of Uncounted to callers, chatting with a few special guests if we have time, and taking your calls and questions --- hopefully lots of 'em --- at: 818-985-5735.

I don't know that I'll have Internet access in the studio, but you can use this item as an Open Thread to talk about me behind my back during the show if you wish.

Tune in live from 2p-3p PT (5p-6p ET) on air in Los Angeles at 90.7 FM, in Santa Barbara at 98.7 FM, or listen live online right here.

Post-Show Update: It was a jam-packed, fast-paced hour! Featuring the latest on the dopes at Sequoia Voting Systems, a quick interview with Matthew Segal of Student Assoc. of Voter Empowerment (SAVE), call-ins from the "Diebold Document Whistleblower" Steve Heller, Tom Courbat of Riverside County, CA, and SAVE R VOTE, L.A. County's Judy Alter of Protect California Ballots, and tons of calls from listeners. Great fun. Thanks to the folks at KPFK. Hope they'll have me back in the future.

Show archive: You can download the MP3 (appx. 55 mins), or listen online here...

Last week, in the wake of their AVC Advantage touch-screen voting systems having been found to have failed in at least six counties following New Jersey's Super Tuesday Primary, and on the heels of much-deserved ridicule for having threatened Princeton computer scientists with legal action should they go forward with an independent technical review of their voting systems, as requested by NJ election officials, Sequoia Voting systems issued a laughable press release headlined "Sequoia Voting Systems supports third party reviews and testing of its election equipment," which John Gideon appropriately eviscerated for all of the (putting it nicely) "misleading half-truths" therein from the dishonest, desperate folks at Sequoia.

The company, which claims their oft-hacked votings systems (accidental hack here, on purpose hack here) are secure and "tamperproof", subsequently saw their own website ignominiously hacked thereafter late last week.

But, as if the constant predilections of Sequoia VPs Michelle Shafer and Edwin Smith to slap "kick me" signs on their own backs wasn't enough, they then went on to release another statement last Thursday announcing they were commissioning their own "external review" of their own voting systems "that includes review by an independent company," which nobody has ever heard of.

So who is this "Kwaidan Consulting of Houston, Texas," whom the geniuses at Sequoia have selected to carry out their independent, third-party review? You're not gonna be believe this one...

Ohio's Secretary of State Jennifer Brunner is planning "a first-of-its-kind audit of votes from the March 4 presidential primaries, saying the outcome should help ensure the integrity of future elections," according to a report this morning from the Columbus Dispatch.

"Brunner is calling on 11 counties to volunteer for the audit, in which at least 7 percent of the votes cast in each county would be rechecked by hand," the paper reports.

That's good. But there are a couple of points that we hope she is well aware of, since such post-election audits can offer a deceptive result in a number of cases...especially on touch-screen machines...and especially in Ohio...

Blogged quickly by Brad from Palo Alto, CA...

We can't think of a clever enough turn of phrase this morning to adequately cover the full irony here... Via Computerworld...

Not enough irony yet? Add this...

Yes, that would be the same Ed Felten, computer science professor of Princeton, who last week was sent a threatening email from a Sequoia executive, warning of legal trouble should he dare examine the Sequoia AVC Advantage touch-screen voting machines which failed in New Jersey's Primary Election in February.

In the wake of this latest PR nightmare for the company, as John Gideon pointed out last night, they've decided to mount a Campaign of Lies instead of simply allowing their "tamperproof" e-voting systems to be examined by a third party. Brilliant strategy, guys. As usual.

The same failed Sequoia touch-screen systems, which have never been tested by any independent third-party, are currently set for use in Pennsylvania's Primary next month. We continue to encourage readers to click here to encourage NJ's AG to immediately commission a complete technical review of NJ's voting machines to determine what went wrong.

Blogged by Brad from the road...

Remember in the summer of '06 when citizen Election Integrity advocates from the Illinois Ballot Integrity Project (IBIP) discovered that Chicago's voter registration system was hackable, and allowed for access to voters' private information, such as Social Security number etc?

Looks like a similar thing has now been discovered in Pennsylvania, where their online voter registration system has now been taken offline after it was found that anyone was able to access other voters' registration information.

We can't even do online registration securely, and yet Democrats have been talking about actually voting by Internet?! There is, apparently, no bad voting idea (touch-screen voting machines, "paper-trails," vote-by-mail, now Internet voting) that Democrats aren't all too willing to leap at before bothering to look.

Of course, where Democrats fail with often the best of intentions, Republicans often aim to "fail" in the first place with such systems. We're still not sure exactly which of those is worse. Either way, there seems to be plenty of failure to go around these days. Luckily, there's nothing important coming up for voters in Pennsylvania anytime soon.

Guest blogged by Jon Ponder, Pensito Review.

These new numbers from Gallup are from March 14 to 18, and so may reflect negative reactions among Democrats to the controversial sermons of Barack Obama's former pastor, Rev. Jeremiah Wright, but not positive reactions to Obama's speech on race and racism on March 18:

McCain still comes out ahead of both Democrats in the national head-to-head:

Guest Blogged by Dennis Domrzalski of f-brilliant...

The Albuquerque Journal today proved once again why it can't be trusted to inform the public.

Today the paper finally published a story about the allegations of vote buying at the mid-February Bernalillo County Republican Party's pre-nominating conventions. And what a lame, disgraceful story it was. Read this stupid lede:

Naaah! Really? A registration fee might be the root of a behind-the-scenes political flap?

How about allegations of criminal vote buying are ripping the party apart? That would be more accurate. How about this story has been raging in the national blogosphere for weeks and has contributed to a massive swell of anti-Rep. Heather Wilson venom? How about former KKOB Radio afternoon drive time news anchor Laura MacCallum broke the stories in late February and resigned in early March when her idiot news editor killed them because bloggers hadn't picked them up? How about the f-brilliant blog which broke the MacCallum resignation story and put the vote-buying allegations on the Internet on March 3, more than two weeks ago?

Or The BRAD BLOG, which joined f-brilliant and advanced the story on March 5 with its own exclusive interviews with a number of the players, including KKOB's news director Pat Allen, who backpedaled on his explanations for spiking MacCallum's stories once the reasons he'd emailed to MacCallum became public?

You'll never read about those things in the Journal because they're the truth and that paper is incapable of telling it...

-- Brad Friedman

Sequoia Voting Systems' legal threats against Princeton computer science professors and New Jersey election officials, as we reported in exclusive detail last night, have apparently had their intended effect.

The strong-arm email sent to professors Ed Felten and Andrew Appel was apparently accompanied by a two-page letter to Union County, New Jersey, Clerk Joanne Rajoppi, who originally discovered a tally failure in Sequoia's AVC Advantage touch-screen voting machines after the February 5th Super Tuesday election. The same error was subsequently discovered in at least five other counties.

Mercer County Clerk Paula Sollami-Covello tells the New Jersey Times that Sequoia's decision to block an independent analysis of its touch-screen voting machines makes no sense if the firm is confident that they work properly.

"I think it's unfortunate that they're not letting an independent investigation take place," Sollami-Covello tells the paper this morning. "They should have no problem with having a third party investigate the product if they are confident in their product."

Another Mercer County, NJ, official sent a letter to the state Attorney General criticizing Sequoia's bizarre explanation for failures discovered in the systems following state's recent Primary Election, characterizing what he describes as the company's "strange, confusing solution." He said the company's explanation for the problem, which succeeded in blaming voters and poll workers as usual, was based on a "bizarre scenario, with no cited evidence or testimony" to back it up.

While NJ's state clerks association had voted unanimously to recommend that the Attorney General commission an independent study of the machines --- the same ones which will be used across the state of Pennsylvania in next month's key Democratic Primary Election --- Union County's plan to move forward with their own study has been nixed due to the legal threats sent from Sequoia's VP of "Compliance/Quality/Certification" Edwin Smith, according to a number of New Jersey papers today.

Amazingly (or perhaps, not so much at this point), Union County's attorneys folded to the pressure from the company, which claimed that Election Officials in NJ --- who spent millions on the voting systems --- are not legally allowed to examine them independently because "the voting machine software is a Sequoia 'trade secret' and cannot be handed over to any third-party."

Fear of a lawsuit from Sequoia, which will also control the state's elections in an upcoming June primary, as well as the November general election, has led to county attorneys backing down from their plans for the time being, unless the state AG jumps in to take action.

In the threatening email from Smith to the Princeton professors sent last Friday, as posted here in full last night, the company executive threatened legal action if a "non-compliant analysis" of their voting systems was carried out. "We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith warned.

The Star-Ledger reports the latest, almost mind-numbingly incredible, developments in your democracy, now fully and completely in the hands of privatized corporate America, this morning...