Jesus. This is what/who voters in Philadelphia are being forced to deal with, as per our Pennsylvania coverage this week (here and here), concerning the fight by the NAACP and a local Election Reform coalition to get paper ballots for citizens, so that they can be sure to cast a vote, from a Democratically-controlled state hell bent on fighting that.

Since she says in the video we should take care to spell her name right, the woman responsible for running elections in Philadelphia is Marge Tartaglione (D) and, as the video suggests, she's a horror. And not only for her indefensible statements against the distribution of paper ballots to the effect of "long lines are not a problem...Long lines are no justification for any thing but waiting...people wait in long lines overnight for baseball tickets...people wait in line all night for a new Ipod." Though I'm not aware of any 80 year olds who do either of those things, or anybody who does that in the middle of a word day, and I'm fairly sure anybody who does do that, does so by their own choice, not because they are forced to do so in hopes of exercising their right to cast a vote.

The video --- by citizen journalists Danielle Ivory and Lagan Sebert (more details and context here) --- is well-worth the 4:43 minutes of your life it'll take to view it. Good luck, Philly! Looks like you're gonna need it! Again...

In the suburban county of Montgomery, just outside of Philadelphia, election officials have, inexcusably, been caught off guard by a new, court-mandated directive by PA's Secretary of the Commonwealth Pedro Cortes.

The directive requires that counties have enough emergency paper ballots (EPBs) on hand at polling places to ensure that voters can vote if half, or more, of a precinct's voting machines break down. County officials admit today that they were completely unprepared for the directive, and even for the likelihood of serious machine failure, despite known problems with the touch-screen voting systems they use, or the extraordinary voter turnout long-predicted for next Tuesday.

The new directive [PDF] was issued yesterday, as we reported last night in our late update to our article on the lawsuit. The successful suit was filed last week against the Democratic Secretary, by the NAACP and a local election protection coalition. It followed on Cortes' directive a month a go that EPBs needed to be given out to voters only in the event of failure of 100% of a precinct's machines.

Cortes' original directive, and even the one issued yesterday, has been seen at odds with a PA statutory provision that allowed counties to offer paper ballots in the event that just one machine has failed. PA uses Direct Recording Electronic (DRE, usually touch-screen) voting systems across most of the state, and is a key battleground for John McCain's attempt to win the White House this year...

[The new, court-ordered directive from Secretary Cortes has now been issued. It's linked below, in the last update at the bottom of this article. - BF]

[Please note several important UPDATES added to the bottom of this article. - BF]

This just in from Pennsylvania... a federal court has found in favor of the NAACP and the 866-MYVOTE1 Election Reform Network, which were forced to sue the state's Democratic Secretary of the Commonwealth, Pedro A. Cortes, after his recent directive that emergency paper ballots need to be given to the voters only in the event that all of a precinct's touch-screen voting machines fail.

Most of PA uses 100% unverifiable touch-screen voting systems, and many of them broke down across the state during last April's Primary Election, leaving untold numbers of voters unable to cast votes.

As we reported when the lawsuit was filed last week, state law allows county clerks to give out paper ballots if just one machine breaks down on Election Day; Cortes' stunning decree, issued last month, went unchallenged by both the DNC and the Barack Obama campaign...

Finally! A lawsuit [PDF] has finally been filed today in federal District Court in Pennsylvania, against the Democratic Secretary of the Commonwealth, Pedro A. Cortes and the Commissioner of the state's Election Commission, Chet Harhut, over Cortes' recent directive that paper ballots only need be given out to voters in the event that every voting machine in a precinct breaks down.

That stunning decree was in opposition to PA's state law which allows election officials the discretion to give emergency paper ballots to voters if even a single machine breaks down in a precinct.

That neither Obama nor the DNC have said a word about this in the month or so since Cortes issued his directive has been maddening, and should be an outrage to voters of all parties in the Keystone State, sure to be another battleground state this November. The lawsuit was finally filed today by the state's NAACP in concert with the 866-MYVOTE1 Election Reform Network.

While the complaint should call for paper ballots to be made available to any voter who wishes one, or, at a minimum, to be given out if just one machine breaks down in a precinct, or even if the wait time in line is longer than 30 minutes, unfortunately, the suit calls very conservatively for emergency paper ballots to be given out if 50% or more of the voting machines in a precinct break down. But at least it's something, we guess, particularly in lieu of Obama and/or the DNC taking any action at all here, given they have the most to lose by the ridiculous action from state Democrats.

Pennsylvania uses unverifiable Direct Recording Electronic (DRE, usually touch-screen) machines across most of the state, and saw machine failure after failure, as we documented in detail during their April primary this year. The failures resulted in untold numbers of disenfranchised voters, as noted in news reports, and logged by calls to the 866-MYVOTE1 hotline...

12 days until Election Day.

There is just too much news to fit into one DVN today so there will be one edition this morning (Pac time) and one at the normal time. We will be doing that through the election as the amount of news grows.

So far today a federal lawsuit has been filed in Pennsylvania seeking an earlier use of emergency paper ballots than is presently the dictate of the Secretary of State. The SoS has dictated that emergency ballots can only be used when all of the machines at a poll site are shut-down for some reason. The lawsuit hopes to loosen up that dictate to when 50% of the machines are shut-down for some reason.

While the West Virginia SoS has dictated that all of the states ES&S iVotronic touch-screen machines must be recalibrated we are still getting reports of vote switching.

In case you missed it, tremendous news for democracy lovers everywhere late yesterday, as the week ended up being a very good one for the voters, for a change...

• In Missouri, GOP vote-suppressor Thor Hearne lost one, and the voters won one for a change, as the attempt by Republican legislators in the state house to pass a Constitutional amendment requiring Photo ID restrictions and proof of citizenship sure to disenfranchise hundreds of thousands of legal, registered voters went down in flames on the last day of the legislative session.

• On the federal level, GOP voter-fraud zealot Hans von Spakovsky (cue evil music), finally withdrew his nomination to the FEC, which had been blocked by Sens. Obama and Feingold. The standoff had kept the FEC from have the required quorum of commissioners needed to do business in a crucial election year. With vS out of the way, perhaps a responsible, pro-voter set of commissioners can now take their place. But we'll see. Rick Hasen has the outlook. Either way, it's another very big victory.

• In Tennessee, both houses have approved a bill to require a paper ballot for every vote cast! The bill has to go back to conference to work out one last point, but given its extraordinary success in both houses (it passed unanimously this week in the state Senate!) it's likely to be enacted quickly. This is a huge win for the tireless Election Integrity citizen heroes on the ground in TN, and a loss for the pro-machine, pro-invisible/unverifiable ballot crowd there, including Davidson County's Republican Election Commissioner Lynn Greer, who once told me, after I attended a meeting there, that "paper is the biggest fraud ever perpetrated on this country." Apparently he was serious. The good news: the responsible folks in the state disagree with him. The bad news: the requirement for paper ballots won't take effect until 2010. But we'll take what we can get!

• Finally, in Arizona, as Steve Rosenfeld, as one of my guests yesterday while I was guest hosting The Peter B. Collins Show told us, the DoJ has finally settled a lawsuit against the state where Sec. of State Jan Brewer, who once called Election Integrity advocates "anarchists" and "conspiracy theorists" has been doing everything she could, for years, to keep legitimate voters from being able to properly cast their ballots and have them counted accurately. The state has now finally agreed to follow the law (National Voter Registration Act of 1993, known as the NVRA or the "Motor Voter Bill") by performing voter registration services at public assistance facilities such as welfare clinics.

We spoke about most of the breaking good news above last night on the PBC Show (audio archive here), and will try, for the next few hours at least, to enjoy some of the great news, for a change, on several fronts in the continuing Republican War on Voting.

The Sarasota Herald-Tribune's column today on the awful Sarasota, FL, Supervisor of Elections, Kathy Dent --- and the criminal complaint against her outrageous, unlawful Election Day, in-precinct campaigning against a 2006 ballot initiative to ban touch-screen voting machines in the county (the initiative passed, despite her best efforts, and carefully placed brochures on voter sign-in tables!) --- is so good that I don't want to quote from it.

I want you to read it.

As the Herald-Trib describes, as revealed in Dent's interview conducted by the Florida Dept. of Law Enforcement, concerning her inappropriate (and illegal) placement of pro-touch-screen brochures in polling places, Dent admits she was aware of a voter's complaint about it, but ignored it "because she had assumed it was from 'one of the activists' that had been criticizing her and her machines."

The FDLE report on the matter, including their interview with the apparently-pathological Ms. Dent, as referenced in the column as "good reading", may be downloaded here [PDF, 16mb].

Dent, of course, is the woman who also presided over the FL-13 U.S. Congressional election that same year, when 18,000 votes disappeared in her county only, and only on her precious, now-banned, ES&S Ivotronic touch-screen machines, as the Republican Vern Buchanan reportedly edged out Democrat Christine Jennings by just 369 votes.

If the linked column doesn't give you enough of an idea of what a horrible, anti-democracy villain Dent really is, perhaps the following lovely, 30-second phone message --- left on the voice mail of Tallahassee' Election Supervisor (and democracy hero), Ion Sancho, moments after he appeared on a Fort Myers radio show, heard in Sarasota, in which he was asked about, and praised, the Sarasota citizen ballot initiative to do away with the touch-screens --- will give you some idea:

Sancho adds that Dent was also scheduled to appear on the same program, but begged off, likely after she'd heard that he would also be a guest. Though when he got off the air and checked his cell phone messages, he found she'd called immediately after the program. So she was apparently available to listen to it, at least, even if she didn't have the courage to come on and defend her views.

We hope to have more soon on Dent and this case --- for which she's (incredibly) been exonorated by the FDLE --- in the not-too-distant future.

CORRECTION/UPDATE: We originally characterized the phone call from Dent to Sancho, posted above, as being in regard to the FL-13 election fiasco. In fact, Dent's call to Sancho was made prior to the '06 Election, in reference to his radio interview comments on the Election Reform initiative, as now explained above. We touched base with Sancho just now, and he had some additional thoughts about Dent and her inappropriate campaign to defeat the initiative in question. Said Sancho: "This woman knowingly campaigned against an initiative on the ballot. If she wanted to do that, at a minimum, she should have formed a political action committee to do so. Supervisors of Elections don't give up their right to free speech, but they have to follow the law, particularly if they wish to influence anything on the ballot."

Blogged by Brad from the road...

The report is music to our ears, and far too long in coming. From today's Tampa Tribune...

Hillsborough County's Supervisor of Elections, Buddy Johnson, offers the best use of the machines --- he says in the article that "he wanted to donate one to the county's history museum" --- but beware, while some are to be scrapped, some of these bad machines may show up at an election near you...

We shall drift off to bed tonight, imagining the sweet, sweet sound of touch-screen voting machines being "mashed into bits." We never thought we'd say it, but: Thank you, Florida.

Rep. Rush Holt (D-NJ) continues misleading America about his two different election reforms bills. On Saturday night's CBS Evening News (video here), he says, in regard to the upcoming Super Tuesday Election: "There will be states around the country where the election results will be in question, and there will be no way to resolve the question."

What he fails to mention is that, should either of his own two federal Election Reform bills be passed into law as currently written, there will still be states around the country where the election results will be in question, and there will still be no way to resolve the question, because he still refuses to include a ban on touch-screen voting machines in either of his two bills.

Incredibly, even his newly introduced "Emergency" bill (which we wrote about back here) would give money for paper ballots only to jurisdictions that don't already use unverifiable touch-screen (DRE) voting systems with so-called "paper trails"...

Following on our report last Saturday of massive voting machine failures that kept voters from voting for hours in Horry County, SC, Kitty Pilgrim, on CNN's Lou Dobbs Tonight (video at left), reported yesterday on plans for SC to use the same machines again in this Saturday's Democratic primary.

At the same time, the Governor and Legislature in Colorado are finally beginning to get it, and simply override the incompetent SoS there, who can't seem to say "E-Voting machines that don't work should NOT be used in elections." So the Legislature appears ready to do it for him.

We're also happy to see the good John Bonifaz, of VoterAction.org, making an appearance to call for accountability (let's get our money back!) from the voting machine companies that have knowingly defrauded America.

And a NOTE TO KITTY PILGRIM: Your reporting keeps discussing "paperless voting machines" in reference to Direct Recording Electronic (DRE, usually touch-screen) machines that have no "paper trail." Adding "paper trails" to such machines is meaningless. They cannot be verified as reflecting the voter intent anymore than on a DRE without "paper trails."

If you stop and look carefully at your own reporting on SC last week, you'll note that the machines would not work at all until noon, as folks were scrambling to vote on scraps of paper, paper towels, etc. Had those DREs had "paper trails," they still would not have worked, and voters still would not have been able to vote on them.

References to "paperless voting machines" imply that machines with "paper trails" are somehow a solution. They are not. Only paper ballots are a solution. This is something that even Rep. Rush Holt's latest "Emergency Bill" doesn't seem to understand, incredibly enough. That bill (referenced in the CNN report above) would give money to jurisdictions to move to paper ballots, but only if they use "paperless" DREs. If they have DREs with "paper trails," however, they would not be eligible for that money under Holt's bill as written, incredibly enough.

Let's be careful what we wish for and/or report on, guys!

Guest Blogged by Alan Breslauer

IMPORTANT NOTE FROM BRAD: In the above clip, Rep. Rush Holt (D-NJ) speaks about the necessity of a paper ballot for every vote cast, that can be "audited" after an election to ensure voter intent was recorded accurately. It should be noted, however, that while he plans to introduce a small "emergency bill" next week, which would give money to jurisdictions who wish to provide paper ballots to voters in the November 2008 election only, his larger Election Reform bill (HR811) that he has previously been pushing (and refers to near the end of the segment) does not, despite what the Congressman says, require paper ballots be used.

HR811 would continue to allow for DRE (usually called touch-screen) voting systems to be used, as long as they have a so-called "paper trail" printer. DRE "paper trails", however, do not provide a reliable, auditable record of voter intent. Only voter-marked paper ballots --- such as the ones used in New Hampshire --- provide such assurances of an auditable election result. See this Special Coverage page for more info on HR811.

DREs with or without so-called "paper trails" cannot be used safely in any American election. Period.

Ohio Secretary of State Jennifer Brunner issued a short, unambiguous and to-the-point directive [PDF] last night, to all 56 counties in Ohio still employing unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting machines, that they must make a paper ballot available at the polling place to any voter who wishes to vote on one.

Brava!

Her directive even goes so far as to require those paper ballots actually be counted "on election night as part of the unofficial canvass."

Brava again! The requirement to actually count those paper ballots before unofficial results are release to the public and media is a key component that has been missing from the various federal legislative efforts, including Rep. Rush Holt's (D-NJ) latest bill as currently drafted, as well as his previous one (HR811), that would begin to put paper back into the polling place.

Every state in the country should follow suit! As well, we recommend that, at the very least, Brunner issue a further directive that signs shall be conspicuously and clearly posted in each polling place to inform voters of their right to vote on paper, if they wish. Better still, a directive that requires every voter to be asked by voting officials, before they vote, if they wish to vote on paper. We have previously recommended such a "paper or plastic?" requirement for any jurisdiction in America that still allows for the use of horrible DRE systems (including those with or without a useless, so-called "paper trail").

Until then, Democracy advocates in the Buckeye state will need to launch an important, and potentially expensive (but crucial), education campaign to inform voters of their right to vote on paper!

With the very good general news from Brunner, let's hope she soon realizes the underlying reasons for serious concerns about, and the great dangers of, not counting and posting precinct voting results at the precinct, before they are sent back to county headquarters for central tabulation.

Brunner's recent independent testing of Ohio's e-voting systems (known as EVEREST) led her to recommend the abolishment of all DRE systems in the state, although she did not issue a binding directive to that end. At the same time, her recommendation to ban precinct-based counting, in favor of central-based counting, has drawn a great deal of criticism from Election Integrity advocates. Rightly so, in our opinion, even if she came to her recommendation through well-meaning advice from some of the folks who advised on the study, including computer security experts, and election officials of the sort who would be inappropriately entrusted with complete control over that dangerously centralized counting process.

(You can read our direct challenges to Brunner on that point, and her explanations for the decision, in our recent exclusive interview with her, just after the release of EVEREST.)

One quick note to Mark Niquette and Columbus Dispatch concerning their coverage of this issue in this morning's paper...

Rep. Rush Holt (D-NJ) is trying again. After learning a lesson or two, from his failed attempt to push an unpopular Election Reform bill (HR811) through Congress, he's scaling back in hopes of getting something passed that may help bring accountability to the 2008 election cycle.

The latest version of the bill, coming in at a relatively slim 20 pages, is available here [PDF].

We certainly applaud the effort in general, and note that it mirrors some of the simple, doable-by-'08 initiatives we've been speaking with a few folks in Congress about behind the scenes.

In brief, the bill we've been discussing, with several Congressional offices, after common ground discussions with a number of EI advocates, a representative from the National Association of Counties (NaCO) and even a Republican who had initially worked on the Help America Vote Act (HAVA), but disliked the resulting bill, would call for the following:

• Money to states and/or counties who wish to move to paper ballot systems.
• A requirement that all voters be asked before voting if they wish to vote on paper (and that those paper ballots actually be counted before unofficial tallies are released to the media).
• Grant money to further study disability voting technology and hand-counting systems.
• Restrictions to no more than one DRE per polling place to marginally meet HAVA's mandate for voters with disabilities.

Holt's new bill would do a few, if not all of those things.

In his run at it this time, his bill would simply offer federal funding for jurisdictions who wish to move to paper ballots (that's good), and also offer money to help pay for post-election audits of those ballots...if they choose to do so. It also sets aside money for study of disability voting technology, as we'd also recommended.

Perhaps he has become a bit too timid after his previous unfortunate experience. Though the bill has not yet been introduced officially --- so language is not yet finalized, thus we'll hold full fire until we see the final product --- the audits recommended in his bill would be optional. As well, there are currently no requirements in his bill to mandate that Election Officials actually count those paper ballots, paid for with federal dollars, before releasing unofficial vote tallies to the media. That last is no small point (just ask Al Gore or Christine Jennings).

And most puzzling of all, in the bill which would only apply to the 2008 general election, there is also no requirement at all to make those federally-funded paper ballots available to all voters who'd like to vote on them.

It seems to us that if a state or county chooses to take federal money to pay for their paper ballots, attaching a few common sense strings, like the ones mentioned above, would be perfectly appropriate. Perhaps such changes can be made during the committee process or on the Senate side.

But hey, no bill's perfect, and this one certainly appears to be a welcome step, at least, in the right direction. It would help to begin turning the Titanic around by making the move to paper ballots much easier. And, most notably, it would not federally institutionalize secret software and Direct Recording Electronic (DRE, touch-screen) voting machines as Holt's previous HR811 would have. That bill, and the many concerns about it, was exhaustively covered by The BRAD BLOG over the past year. (See our special coverage here.)

Steve Rosenfeld at Alternet has details on Holt's new initiative, along with a few scintillating --- and mostly accurate --- quoted comments in reply from yours truly and a few others.

The results of new, unprecedented testing of e-voting machines in the state of Ohio are in, and the findings mirror the landmark results of a similar test carried out earlier this year in California.

"Ohio's electronic voting systems have 'critical security failures' which could impact the integrity of elections in the Buckeye State," says Ohio Secretary of State Jennifer Brunner in a statement which accompanied the release of the report today on the SoS' website. Brunner, a Democrat, was joined in her press conference (video now here), called today to discuss the results of the testing, by Ohio's Republican House Speaker, Jon Husted.

Brunner is calling for a ban on all Direct Recording Electronic (DRE, usually touch-screen) voting systems in the state, along with a ban on precinct-based optical-scan paper based systems, charging that the central counting of ballots at the county would eliminate "points of entry creating unnecessary voting system risk."

The State's bi-partisan "Evaluation & Validation of Election-Related Equipment, Standards & Testing" (EVEREST) report finds, as did California's study, as did virtually every other independent test of such systems, that violating the security and manipulating the "federal approved" electronic voting systems, is a breeze.

"To put it in every-day terms," Brunner said, "the tools needed to compromise an accurate vote count could be as simple as tampering with the paper audit trail connector or using a magnet and a personal digital assistant."

"The results underscore the need for a fundamental change in the structure of Ohio’s election system to ensure ballot and voting system security while still making voting convenient and accessible to all Ohio voters," said Brunner, who has come under fire from Election Integrity advocates for failing to act quickly enough concerning the voting systems to be used in next year's crucial election, as well as for failing to seek accountability for the exceedingly well-documented and now-infamous charges of election fraud and voter suppression in the 2004 Presidential election under her predecessor J. Kenneth Blackwell.

While the effort is long overdue in Ohio, actions being taken by Brunner, in light of the test results, are less stringent than those taken by California Secretary of State Debra Bowen after tests in her state. Brunner's recommendations, some of them quite puzzling, are likely to come under some fire in the bargain, from Election Integrity advocates in Ohio and elsewhere...

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.