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Legal Resources Being Gathered by National Party to Challenge Close Elections Where Dems Currently Trail
Other Candidates, Citing Concerns About Voting Machine Failures, Also Refusing to Concede Until All Votes Can Be Verified...
By Brad Friedman on 11/14/2006 3:22pm PT  

Just off the phone from a DNC insider --- very much in a position to know --- who says the following races are being considered, as of this afternoon, to still be very much in play by the DNC (* = Incumbent, Results shown latest reported by state websites as available):

NC-8: Larry Kissel (D) 60,016 / Robin Hayes (R)* 60,481
CT-2: Joe Courtney (D) 121,321 / Rob Simmons (R)* 121,151
FL-13: Christine Jennings (D) 118,739 / Vern Buchanan (R) 119,116
NM-1: Patricia A. Madrid (D) 103,376 / Heather Wilson (R)* 104,863
OH-15: Mary Jo Kilroy (D) 98,100 / Deborah Pryce (R)* 101,636
OH-2: Victoria Wulson (D) 112,952 / Jean Schmidt (R)* 115,817

The source believes that all of the above races, each of them currently very, very close, are winnable and the feeling is that they "could easily win three of those six."

In each --- except for CT-2, where Courtney is leading --- the Democratic candidate is currently trailing in the reported results as absentee, provisional, and paper ballots are still be canvassed. As well, challenges and recounts are underway in some of those races (we hope to have more detail shortly here on a couple of those races).

(UPDATE: Several readers have written to ask if other races beyond those mentioned above --- such as the U.S. House race in Washington state's 8th Congressional district between Democrat Darcy Burner and Republican Dave Reichert --- are now off the table as far as the DNC is concerned. The races reported above are the only ones named explicitly to us by the DNC sources. However, two different sources there have confirmed that they are largely driven by the folks on the ground in the states, and would urge that noise be made locally --- and loudly enough that higher-ups might hear it at the DNC --- in order to gain more attention from the national party to other such races still of concern.)

The source also adds that the DNC is considering whether or not to ask for contributions from the public to a legal fund to assure they will have the funds needed to provide full legal resources to thoroughly challenge each of those races.

As well, The BRAD BLOG has also learned the DNC is still keeping their eyes on the Colorado Secretary of State race between Ken Gordon (D) and Mike Coffman (R), given the problems revealed in Colorado's disasterous certification procedures for voting machines prior to the election, and their massive meltdowns on Election Day in Denver and elsewhere which caused thousands of voters to be turned away from the polls due to machine malfunction.

AP is reporting today that Coffman's lead is beginning to look insurmountable, though given the fact that Gordon's numbers in Denver alone outpace Coffman's by some 70 to 30 percent, the fact that Denver voters, specifically, were disenfranchised at such an alarming rate due to equipment failure on Election Day, certainly "exemplifies," as the source put it, the need for Election Reform across the country and the importance of Secretary of State races.

The six U.S. House races named above, of course, are just the federal races that the DNC considers "still in play," but there are innumerable local races and initiatives being challenged around the country, as another DNC source told The BRAD BLOG this morning. As well, there are a number of Congressional races where the candidates have, honorably, refused to concede until every vote is counted and accounted for.

Clint Curtis, the vote-rigging whistleblower who ran against Tom Feeney, the man he claims asked him to create vote-rigging software in 2000 (as The BRAD BLOG originally broke back in 2004 and whose story we've been following closely ever since) has issued a press release this morning saying that he will not concede in the race until every vote is accounted for.

"The right to vote and to have that vote counted accurately is the very foundation of our democracy, and I owe it to the voters in my district and the state of Florida to continue to push for accurate, honest elections," Curtis said in the news release. He points out that as a candidate, he "now has the legal standing to pursue an investigation into the anomalies," which he claims were reported during his race.

"I can accept that the citizens across the state of Florida were out of step with the rest of the country," added Curtis, "as long as we know that this election truly reflects their intent." The Florida Secretary of State's website currently shows Feeney leading Curtis 58 to 42 percent.

In California's 50th Congressional district, Francine Busby (D) has still refused to concede in her race against Brian Bilbray (R) in which she reportedly trails 54 to 43 percent. We applaud Busby's refusal to concede given the outrageously bad administration of the election across the entire San Diego County as overseen by Registrar Mikel Haas, one of the country's worst.

A Zogby poll taken on Election Day (and shortly thereafter) shows an unexplained 6 point disparity with the final results as we reported last week.

As reported earlier today, Haas's resignation was called for on Election Night by San Diego County Democratic Party Chair Jess Durfee after voters were disenfranchised across the county when Diebold touch-screen systems failed to work and not enough paper ballots were made available for voters. Many of those voters ended up voting on Spanish language paper ballots after English ballots had run out by 9am on Election Day; others simply gave up and went home or to work without being able to cast a vote at all.

We echo Durfee's call for Haas to step down immediately. San Diegans deserve honest and accurate elections in which the voters may have confidence in the reported results. Haas has, disgracefully, provided none of the above during his irresponsible tenure.

We originally reported that the Democratic candidate was trailing in the reported results in each of the six DNC-named races. In fact, Democratic candidate Joe Courtney in the CT-2 race is currently ahead in the results as reported so far. We've corrected the original misstatement in the article above. Further, AP is now reporting Courtney as the winner after a final canvassing of the ballots.

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Calls From State Republican Party Tell Voters Of Non-Existent Changes To Polling Place Locations...
By John Gideon on 11/5/2006 5:27pm PT  

Blogged by John Gideon

UPDATE: See the update at the end of this article describing the injunction now received from a New Mexico judge enjoining the Republican party in the state from making phone calls to non-Republican voters in the wake of what appears to be wide-spread dirty tricks in the state, aimed at Hispanic voters by the GOP.

The following email has been sent to various listservs by the party who received these phone calls. It is only one complaint from one party but it is probably indicative of phone calls made to hundreds of voters in the state of New Mexico. Everyone needs to be wary of any phone calls alerting them to last minute changes of polling places. Call your county to find out if there are any changes and then call 1-866-OUR-VOTE and report the incident:

Yesterday (11/04), about 1pm MST, I rec'd a phone message from the
Republican Party of NM telling me that my polling location was John Adams
Middle School. My polling place is usually Longfellow Elementary about 1
block away. John Adams is about 7 1/2 miles away. In my horror and disgust
I quickly deleted the message.

Thinking that maybe my polling place changed, I then called the **Republican
Party** here and simply asked if they could tell me my polling place. They
asked my address only, I told them, and they said, "You vote at Longfellow."
This is correct and I hung up.

About 5pm MST, the Republican Party of NM called AGAIN and left a message
telling me that my election day polling place was West Mesa High School,
even further away than John Adams. They gave the full address and zip code.
My Caller ID shows "REPUBLICAN PART." I DID NOT DELETE THIS MESSAGE.

Then around 7pm MST, the same thing happened. The Republican Party of NM
called and left a message telling me that my election day polling place was
back to John Adams Middle School. My Caller ID shows "NEW MEXICO VICT." I
did a Google search on the phone number and this entry came up:

New Mexico Republican Party :: CalendarSummary:,
Contact your local county party or call the Victory Office
at (505) XXX-XXXX to find out what you can do to
help our 2006 Republican candidates. ...

I DID NOT DELETE THIS MESSAGE.

If you want the actual phone numbers, I can give them to you.

I've heard that this has been happening in other parts of the country, and I
want to help get the word out that it's happening in NM. I called TV news
stations, contacted the newspapers, and progressive talk show hosts. I'm
warning people to be on the lookout. Please help me spread the word.

Follow-up: The aggrieved party contacted DNC attorneys who got an injunction against the state Republican party to stop them from giving polling location information to non-Republican voters. There is thought that voters with Hispanic surnames were targeted.

The judge who issued the injunction via cell-phone while she was at a basketball game, has scheduled a hearing for tomorrow. The Dems need to have more voters who will step forward and join in the lawsuit.

NOTE: We will follow-up with contact information for the attorneys just as soon as we can get it.

UPDATE BY John Gideon 5:25PM: Any aggrieved New Mexico voter is encouraged to contact attorney John Boyd at 505-842-9960.

UPDATE BY John Gideon 8:45AM: We have just been contacted about the Temporary Restraining Order (TRO) that we reported was issued last evening. In fact that TRO was withdrawn by the judge after the Republican Party of New Mexico called and claimed that the phone calls were just "innocent mistakes". There is no injunction or any other decision at this time. It is being reported that a judge will hold a hearing at 10:30 local time this morning. It is also being reported that the "innocent mistake" was also made with at least six people who have stepped forward.

In an article on this issue from the Santa Fe New Mexican and the Associated Press the following is reported:

"Marta Kramer, executive director of the state GOP, said party volunteers have been on the phone making thousands phone calls and she knew of only one instance in which a voter was initially given incorrect information.

""It was one woman," she explained late Sunday. "There were three other people in the voter file with the same name. The volunteer said 'Hi' and identified herself and left a phone number. She (the voter) called back and said this is who I am and gave her address and we gave her the correct information."

"Kramer called the allegations "preposterous" and said: "That's outrageous to try to file a junk motion to get us to stop (calling voters).""

What Ms. Kramer fails to explain is who made the two phone calls from the GOP offices that followed the incident she reports. An "innocent mistake" once, but three times it is no longer "innocent" or a "mistake".

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Governor's Open Letter: 'One person, one vote is in jeopardy if we do not act boldly and immediately'
But How Long Will the Bill Take To Come Into Effect?
By John Gideon on 3/1/2006 6:40pm PT  

Guest Blogged by John Gideon

"American citizens once took for granted that every vote mattered, but no longer. It is time that we, the elected state officials, work to restore American's confidence in our electoral systems and undertake reform that moves to eliminate skepticism and uncertainty." --- NM Governor Bill Richardson's 3/1/06 Letter "To the State Officials of the 50 United States of America" (Posted in full below)

Today Governor Bill Richardson of New Mexico made a powerful statement to officials in all states (see full letter below) as he announced that tomorrow he would be signing legislation that would require the state of New Mexico to go to a paper ballot based voting system. No longer will the state use Sequoia DRE (touch-screen) voting machines...the machines that reported large numbers of undervotes in previous elections...The same machines that disenfranchised minority voters...The technology Richardson describes as "simply fail[ing] to pass the test of reliability" in his open letter published today.

The Governor has also announced that the bill's signing ceremony will be webcast. The announcement says:

We hope you will join the Governor, concerned citizens and legislators as the Governor's signature moves New Mexico forward by ensuring that our democracy continues to flourish. The live webcast will begin Thursday at 11:00am MST (1:00pm Eastern) and can be viewed at:

www.billrichardson2006.com/reform/paperballots

Please watch the webcast, take a moment to look at the Governor's proposals, and sign the petition to get your state, and the rest of America, to make every vote count

This all sounds wonderful, except???opponents of the legislation managed to get the legislation amended so that voting systems "owned or used" as of 1 May 2006 that do not use paper ballots can continue to be used until, among other things, debt on purchases of those machines are paid by the state. Then, the bill that appropriated funds to pay off the debt died in committee. Now the state needs to find the money to pay off the debt.

UPDATE 3/3/06: Signing ceremony video and petition calling on all states to join NM now here.

The complete letter from Gov. Richardson of New Mexico follows...

--- Click here for REST OF STORY!... ---

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SoS Decides It Will Be Better To Wait For The Court To Make A Decision
By John Gideon on 1/6/2006 2:51pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

According to a January 3 article on VoteTrustUSA, Secretary of State Rebecca Vigil-Giron delayed the purchase of 800 Sequoia Edge touch screen voting machines that some New Mexico counties had chosen to meet federal accessibility requirements.

On January 5 Voter Action amplified and corrected the statements of the Secretary. In their press release, Voter Action said:

"The Secretary of State has said the reason to buy the Sequoia AVC Edge touchscreen voting machines is to make voting easier for disabled voters, as required by the federal Help America Vote Act (HAVA). In fact, the Edge machines fail to accommodate the disabled or meet HAVA requirements, as shown in a powerful and detailed expert affidavit filed by the plaintiffs. In addition, the machines lack printers to produce voter verifiable and auditable paper ballots, as required by the New Mexico Election Code, and do not accurately record and count votes, as required by the New Mexico Constitution. To the contrary, the Sequoia Edge voting system has a record of losing thousands of votes, switching votes, and failing to record votes cast in Spanish."

NOTE: There is presently NO Sequoia voting system that meets the presently in force voting systems standards. The best that Sequoia can do is to meet standards that are 15 years old. Today this reporter called the Election Assistance Commission and I was told that Sequoia has nothing close to federal qualification at this time. This means that counties who have purchased their voting machines on the promise of being compliant by January 1, 2006 cannot meet the Help America Vote Act of 2002 accessibility mandates.

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19 NM counties agree that Sequoia DREs should not be used by their voters
By John Gideon on 12/21/2005 3:04pm PT  

Guest Blogged by John Gideon of VoteTrustUSA.org

Last month The BRAD BLOG reported on an important lawsuit underway in New Mexico. We can now report that a Temporary Restraining Order (TRO) has been filed and that plaintiffs have been added to the suit.

Today, attorneys for Patricia Rosas Lopategui, et al. and against Secretary of State Rebecca Vigil-Giron, et al. filed a temporary restraining order asking District Judge Eugenio Mathis for an emergency order blocking the Secretary of State from spending millions of dollars on Sequoia AVC Edge touch screen voting machines for use in Bernalillo, Dona Ana, Santa Fe and 11 other counties. According to their press release VoterAction, the group who is providing support to the attorneys and the plaintiffs in this case, says:

The plaintiffs allege that the machines are not accessible by disabled voters and violate a state law requirement for voter verifiable paper trail printers, necessary for meaningful audits and recounts. Plaintiffs also submitted substantial evidence that the Sequoia touchscreen voting systems are inaccurate and unreliable, having lost thousands of votes and switched countless others in recent elections.

As a part of their case, plaintiffs submitted the affidavit of Noel Runyan, an expert on the design of disabled access devices. Mr. Runyan, who is blind, gave this harsh assessment:

In my opinion, the Sequoia AVC Edge DRE does not satisfy the disability access requirements of HAVA, as incorporated into New Mexico law. This opinion is based on (1) the Edge's complete lack of any accommodation for persons with severe physical dexterity impairments who are unable to use touchscreens or keypads; (2) the gross inadequacy of the Edge's audio assist feature for persons who are blind or low vision; and (3) the Edge's failure to accommodate elderly voters who have developed severe visual impairments with age but are unfamiliar with and unable to cope with audio-only access technology because they have had normal vision most of their lives. In short, it is my opinion that a large portion of disabled citizens who attempt to cast their votes on Sequoia AVC Edge voting machines will be unable to do so.

The work done by these attorneys has already begun to reap benefits outside of the state of New Mexico as attorneys in other states have begun asking for advice and assistance. VoterAction has a copy of the filing and all attached exhibits posted on their website.

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Kept From Inspecting Voting Machines as Promised
Process So Far Has Revealed Votes Changed from One Candidate to Another, Disappearing All Together...
By Brad Friedman on 11/12/2005 5:19pm PT  

We've failed to report too terribly much on it to date, but there is a very important lawsuit quietly proceeding in New Mexico which is challenging the results of the 2004 Presidential Election there. The final result of that election was very close, and Election Reform advocates --- and indeed a great deal of evidence --- suggest that something was amiss there. Michael Collins wrote a good article about the suit a couple of weeks ago for New Zealand's SCOOP.

Yesterday, VoterAction.org sent out an email about some roadblocks that the plaintiffs are suddenly facing in the discovery phase of the trial. They were supposed to have been allowed to have experts inspect --- for the first time --- the Electronic Voting Machines that were used in the '04 Election, along with the actual results that they gave.

All of a sudden, Voter Action says, the county clerks have flat-out refused to permit the inspections by the plaintiffs' experts. That, after some interesting evidence has already been found by the experts during discovery, like tests where they were able to see votes for one candidate being registered for their opponent (as has been so widely reported as happening in so many elections of late!) and ballots being confirmed with NO choice for President at all, which wasn't supposed to have been possible on at least one of the machine types being looked at.

Voter Action didn't post the article from their email on their website, so we'll post it here in its entirety. Check it out...

--- Click here for REST OF STORY!... ---

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