A week or two ago, AlterNet ran my recent detailed Q&A with Ohio Sec. of State Jennifer Brunner, on a wide variety of issues related to the upcoming election.

There were a few more technical/geek-ish items that I didn't include in the version that ran over there, thinking they were more appropriate for the real tech and election integrity geeks (like me) out there. Those issues are now published in a much shorter Q&A running today at ComputerWorld.

In these previously unpublished exchanges, posted to CW this morning, Brunner offers some insider detail about her recent lawsuit against Diebold/Premier, concerning the revelation that their tabulators simply drop thousands of votes without notice; the depth of her surprise at the results of her landmark "EVEREST" security tests of Ohio's e-voting machines; and what may lie beyond e-voting, such as the possibility of hand-counting in Ohio.

Please read the new interview at ComputerWorld (and don't forget to check out some of the interesting comments that have been posted to it already today.)

The dirty tricks are starting even earlier than usual this year. According to the Philadelphia Daily News, "An anonymous flier circulating in African-American neighborhoods in North and West Philadelphia states that voters who are facing outstanding arrest warrants or who have unpaid traffic tickets may be arrested at the polls on Election Day."

The Daily News goes on to note that "Deputy Mayor for Public Safety Everett Gillison, who learned of the flier last week, said that the message is completely false."

Here's the misleading, dirty tricks flier...

The information seen above is an old, and venerable trick meant to scare Democrats, usually African-Americans, away from the the voting booth. We'll likely see much more of it --- and the variation of it, fliers that "inform" voters that Democrats are supposed to vote on Wednesday --- between now and November 4th.

A few similar dirty tricks fliers that were circulated in 2004, in Wisconsin and Ohio, are reposted below as a reminder...

From NYU's Brennan Center for Justice today...

A sample of the split ballot follows below, and looks like it could result in a lot of spoiled ballots from overvotes, and folks writing in their choice for President in addition to filling in the bubble on the first column. More details from Larry Norden at the Brennan Center here...

[Ed Note: Cliff Arnebeck, the Ohio attorney representing the plaintiffs in the case discussed below, will be joining me Wednesday evening to talk about the case, when I sit in to Guest Host The Mike Malloy Show, which I'll be doing Wed-Fri this week, from 9p-Midnight ET (6p-9p PT) - BF]

A recent flurry of activity in the long-standing King Lincoln v. OH Sec. of State lawsuit concerning voting rights violations in the state during the 2004 election has resulted in the judge lifting the stay to allow depositions to be taken of key GOP tech-guru Mike Connell, and potentially others, such as Karl Rove.

A subpoena has now been served to Connell, who was recently described by the attorneys working on the case, as a 'high-IQ Forrest Gump...at the scene of every GOP crime.'

Federal District Court Judge Algenon Marbley's brief order [PDF], agreeing to lift the stay, was quietly issued on September 19th. It reads:

The BRAD BLOG had learned about the latest court action, which could soon entangle Rove as well, some time ago, but we were asked by parties involved in the case to embargo the information until such time as they were able to serve Connell with his subpoena...

-- Brad Friedman

As you'll note by the increase in items in John Gideon's Daily Voting News, coverage of election concerns is again reaching a fevered pitch. When it comes to election machines, most of those reports come far too late to effect any real change (other than perhaps to help encourage election officials to ensure there will be plenty of paper ballots on hand, to make sure they tell voters and poll workers about them, and then to finally count those damned ballots!)

It's clear, however, that while most election officials likely do their job honestly, there are a great number of them around the country who have little interest in voters --- certain voters --- being allowed to excercise their franchise at all.

While there is little time to do much about the machines, as they prepare to melt down, there is still time do something on the front-end voter suppression issues. Yet sadly, despite a few spotty efforts around the country, it seems those parties that do have an interest in voters actually voting (such as Obama and the DNC) have little clue about what they are facing. At least from what I've been able to learn about coordinated plans --- or lack thereof --- to combat the Republican assault on voting.

And, all the while, as Democrats dither, the well-coordinated Republican War on Democracy continues apace around the country, with new and disturbing reports coming out almost by the hour, revealing the national extent of the GOP's anti-democracy campaign.

The effort, by a number of election officials in so-called "swing states" around the country, meant to keep Democratic-leaning voters, such as students and minorities, from casting votes this year, is remarkable and growing. It is, of course, also appalling...

Jeff Johnson at "Urban In-Fill" points us to a photo he says was snapped recently in Columbus, Ohio...

Click on the photo for a larger version, but if you can't tell, that's a truck with a Diebold logo on the side, and a John McCain sticker on the back...

-- Brad Friedman, The BRAD BLOG

I sat down with Ohio's Secretary of State, Jennifer Brunner, for an exclusive, detailed, one-on-one interview while in Denver at the Democratic National Convention a few weeks ago. We chatted for nearly an hour and a half in what was the first opportunity we'd had to speak, in detail, since my interview with her last December, following the release of Ohio's landmark "EVEREST" testing of e-voting systems finding "critical security failures" on virtually all fronts.

We covered a lot of interesting, and even newsworthy topics in our recent discussion, just published at AlterNet, as the Buckeye State barrels towards either redemption or disaster in the 2008 election. In my Q&A with the Secretary of State we discuss, among other things:

• Challenges and surprises she's faced since becoming SoS in 2007, even by constituencies one might think would otherwise be supportive of her;
• Concerns about her tie-breaking decision to move Cuyahoga County (Cleveland) to an all paper ballot system, just 73 days before the state's primary election last March;
• Directives she's issued (and will be issueing) for this year's general election, such as requiring counties to inform all voters that they may vote on paper ballots; that there must be two lines created at polling places --- one for those who wish to vote on paper, and another for those who prefer to vote on touch-screen; the end of voting machine "sleepovers" at poll workers' houses prior to elections, and other new security requirements;
• Whether or not there has ever been any accountability for so much that went wrong in 2004 in places like Warren County, where press and public were famously locked out of the counting room on Election Night, or in Knox County, where the last vote was not cast at Kenyon College until 4am on the morning following Election Day;
• Concerns about student access to polling places this year, and steps being taken to try to help assure it;
• Whether citizens may use video cameras in the polling place to document what may go on there this year;
• And beyond all of that: Will Ohio be ready for whatever may come this November, and will it be the Buckeye State again in 2008, or the "blackeye" state that it became in 2004?

As you'll see, Brunner seems to feel confident that Ohio "will be ready" this year, even as the challenges sure to come will be monumental. Of course, I hope she's right. Undoubtedly, as I hope you'll agree after reading the piece, the voters of the state --- of all parties --- are surely in far better hands than they were with the criminal J. Kenneth Blackwell (former SoS, co-chair of Bush/Cheney '04) at the helm four years ago. Still, there are many reasons for worry, and I do my best, in the interview, to ask tough questions and push for answers where I can.

As noted in my intro to the Q&A over there, we also discussed a number of more complicated issues, better suited for technical/computer/election junkies (such as myself, and perhaps readers of The BRAD BLOG.) I'll be running the shorter, geekier portions of our interview, in which we discussed lawsuits with Diebold, the future of e-voting and the possibility of hand-counting in Ohio, elsewhere shortly. [Update 10/8/08: That portion of the interview now published at ComputerWorld here...]

Until then, please go see the main interview at AlterNet, and I'll look forward to your thoughts on it!

After months of pressure from state election officials, voting rights groups, veteran’s organizations, members of the US Senate, and citizens, the Dept. of Veterans Affairs has decided that it will be alright for veterans who live in VA facilities or are patients in VA facilities to be visited by non-partisan folks who want to help them register to vote. Unfortunately this decision comes just a month from the voter registration deadlines in most states. Now those groups who have fought hard to get permission to register veterans need to go do the job.

Ohio is becoming a battle ground for voter registrations. Secretary of State Jennifer Brunner is going to battle against the state legislature over a law that was passed in 2006 that allows counties to remove voters from the rolls if election notices sent by the counties to the voters are returned for any reason. This is a violation of state law and federal law and the US Constitution according to her lawyers. Any voter removed from the rolls must be given due process. ...

• National: V.A. to Allow Voter Signup for Veterans at Facilities
  http://www.nytimes.com/2...=slogin&oref=slogin
• National: Senators Feinstein and Kerry Welcome Changes in Voter Registration Policy at the Department of Veterans Affairs
  http://feinstein.senate....egion_id=&Issue_id=
• National: Helping Veterans Register to Vote
  http://blog.newsweek.com...ns-register-to-vote.aspx

Guest Blogged by Ellen Theisen of VotersUnite.org

Many jurisdictions are realizing their voting systems are horribly flawed and they want to get them fixed before November. But the new systems currently under test by the federal Election Assistance Commission (EAC) have so many defects that the manufacturers have to keep repairing them before testing can continue. Consequently the EAC has not certified anything yet.

Kudos to the EAC for this!

But Gracia Hillman, one of the EAC Commissioners, recommends a way around this “roadblock” for the jurisdictions using systems that are no good. She suggests a contingency plan that would allow the jurisdictions to use new and different systems that are no good, but at least they would comply with their state laws. Her ideas:

Unbelievable.

The systems are so bad they can’t meet the federal standards, so to get around this “roadblock,” Commissioner Hillman proposes to bypass the testing process.

She wants the EAC to bless new, defective systems for the vendors to sell to replace the old, defective systems that are currently in use.

But that’s what NASED (National Association of State Election Directors) did when it oversaw the voting system testing process, and the decade-long, widespread use of Premier/Diebold’s vote-losing software is one of the results.

After ten years of use in election after election, all across the country, Premier/Diebold’s vote-dropping software flaw has finally come to light — thanks to Butler County, Ohio’s Elections Director Betty L. McGary and Ohio Secretary of State Jennifer Brunner...

Guest blogged by Steve Heller of Velvet Revolution

Jennifer Brunner, Ohio's Secretary of State, has issued Directive 2008-68 [PDF] entitled Voting Machine Delivery Requirements. The directive contains storage specifications regarding temperature, humidity, dust, fire protection, and proximity of liquids. It also makes it clear that there are to be no more election component "sleepovers" in which poll workers take home voting equipment days or even weeks before an election for so-called safekeeping. In actuality, the "sleepovers" are an invitation to tampering and hacking.

The BRAD BLOG was the first to report on these sleepovers, truly a menace to election security, back in 2006, and coined the phrase "sleepover," which seems to have made its way into the national lexicon. AP themselves used the phrase in their coverage this week of Brunner's new directive.

As Lou Dobbs Tonight noted in 2006 following The BRAD BLOG's original exposé of the practice, the sleepover procedure is still used in many states and counties. But now, at least, Ohio's Brunner has taken a step in the right direction by ordering an end to the practice. It remains to be seen whether all of Ohio's local election officials will comply.

However, while we applaud this latest initiative by Brunner, it looks as if it may not go far enough in at least one very important aspect...

The Associated Press is reporting that Ohio Congresswoman Rep. Tubbs Jones died today at 6:12 p.m., in Cleveland.

She stood up for America in 2004, by courageously challenging the seating of Ohio's electors in the U.S. House of Representatives. She will be greatly missed.

UPDATE: Friend of The BRAD BLOG Matthew Segal of the Student Association of Voter Empowerment (SAVE) was among those students at Kenyon College in Knox County, OH, where the last vote was not cast in 2004 until well after 2am. He sent us a video of an Election Integrity event that both he and Tubbs Jones spoke at just weeks ago in Ohio, and noted, "Her discussion of the Ohio election (and electoral vote certification) was riveting." The clip is longer than the YouTube-allowed 10 mins, but we'll try to get it posted somewhere.

With the video, he emailed the following personal thoughts this afternoon while we were on the road, and as the Congresswoman was still clinging to life...

[UPDATE: Matthew now has more at HuffPo...]

She was a hero. Congress (and America) could use another 534 like her.

Guest blogged by Jon Ponder, Pensito Review.

Early reports that Rep. Stephanie Tubbs Jones had died were incorrect, however her condition appears to be very serious.

Cleveland Plain Dealer at about 1:30 p.m. EDT:

Update 4:31 p.m. PDT: The Associated Press and C-SPAN are reporting that Rep. Tubbs Jones died at 6:12 p.m. EDT today, in Cleveland. Our thoughts are with her family.

Today’s general news has articles about an expanded post-election audit in Connecticut. SOS Bysiewicz has ordered an audit of the results of the August 12 primary. This audit will be of 33% of the precincts. This audit plan had input from UConn. We congratulate the state for taking this step.

Meanwhile in Ohio Secretary of State Brunner has taken a huge step toward securing the voting machines in her state. She has outlawed all "sleepovers" of voting systems at poll workers homes prior to election day. We congratulate the Secretary for taking this step....

Blogged by Brad from the road...

A lot of voting zeitgeist in the media of late. What took ya so long, folks? Wanted to wait until it was largely too damned late to do anything about it? Same story. New year.

In any case, on the road to Denver right now, so time enough only to round up some of the most notable must-reads on everything from: The GOP "voter fraud" scam growing in intensity between here and November (a theme I'll also be discussing in my column for the UK's Guardian this week); Election officials finally acknowledging their machines don't work, but remaining unwilling to correctly place the blame or otherwise do much about it; Faint glimmers of actual improvement at the previously dreadful U.S. Elections Assistance Commission (EAC); A bit of news from the "Rove Cybergate" election fraud case in OH, and; The one phrase you'll want to get very well familiar with between here and November 2 (hint: my name is in it, but it has nothing to do with me.)

Read on...

Guest Blogged by John Gideon, VotersUnite.Org

The New York Times has again given a platform to the voting machine vendors to voice their displeasure with a system that is forcing them to actually provide voting systems that are fully tested and certified. The vendors, and some election officials, seem to want to continue the old system of poorly tested and rubber-stamped voting systems counting our votes.

In his article, Ian Urbina, quotes Jennifer Brunner, who says:

If Brunner expects high quality and consistent standards, all she needs to do is look to the vendors and question them on why they put out a product that fails in testing. Her state's recent countersuit of Premier/Diebold was a start, but why did she wait until she was sued by the vendor before taking that step? As we asked recently, why did she ignore the pleadings of Election Integrity Attorneys and computer scientists who counseled her to file a suit against Premier/Diebold for breach of contract for so long?

Brunner also needs to question the National Association of State Election Directors (NASED) qualification system (most often referred to as "federal certification" by most officials and vendors) and those involved in the process as to why they allowed non-compliant voting systems to be given their stamp of approval on behalf of the federal government in the first place. If the so-called federal Independent Test Authorities and NASED had done their jobs prior to 2007, the machines used in Ohio and the rest of the nation would not now be constantly failing, and the voters would have far more confidence in the electoral system.

Doug Chapin of the Pew Center project electionline.org must have just come from last week's Election Center conference, where election officials and vendor representatives gather and talk about issues of importance to the lucrative American Voting Industry. He is quoted in the Times with this remarkable comment...