"The most serious thing any software company can do is not fully test its products," William Singer told The BRAD BLOG this afternoon about the federal fraud case he filed nearly two years ago, which has finally been unsealed by a judge as of today.

"To release a product for important purposes that has not been tested at all is quite shocking, I would say. Especially since it indicates that nobody can predict what, when, or how it might fail," Singer explained about the e-voting systems made by Hart InterCivic, for which he worked as a technician several years ago. "It would make a mockery of any certification."

Despite having some direct involvement in the case from the beginning, The BRAD BLOG has been unable to report any details on it for going on two years --- we haven't even been able to offer the names of the plaintiff or defendant in the case --- since originally reporting that it had been filed in federal court, due to the fact that it was under seal, waiting for the U.S. Attorney General to decide whether the DoJ would join the suit or not.

Singer's suit is the fraud case which originally made waves when it was first filed two years ago, with the aid of Robert F. Kennedy, Jr., and Florida attorney Mike Papantonio, until it then went "underground" due to the legally mandated seal disallowing the plaintiff and his attorneys from offering any specific details to the public.

As AP reported today, the seal on that federal qui tam (fraud, false claims) complaint, brought on behalf of the United States by Singer against Hart, one of the big four American voting machines companies, has now been lifted, and the case may finally proceed as originally filed.

The BRAD BLOG has obtained the complete complaint and the judge's order lifting the seal...

• The full complaint may be downloaded here [PDF, 45 pages].
• The judge's order unsealing the case as of last night is here [PDF, 2 pages]

The second page of the complaint, which we are still plowing through, sets the initial grounding for the case...

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...

By Brad Friedman from Phoenix, AZ...

With more than 3,000 counties in the United States of America, only heavily Republican Warren County, Ohio --- one of the last to report election results in the Buckeye State that night --- took action on Election Night 2004 to lock out members of the public and the media from their tabulation room.

The president of the county's Board of Commissioners claimed at the time that during a "face-to-face meeting between the FBI and our director of emergency services we were informed that on a scale from one to 10...Warren County in particular was rated at 10, 10 being the top highest risk."

Nobody, however, in Warren County has ever named the supposed FBI official who gave the warning, and to this day, the director of the county's Department of Emergency Services, Frank R. Young, will not reveal the name of the official with whom he claims he spoke, even as the FBI maintains "there was no information given to Warren County of an imminent terrorist threat to that county or to Southern Ohio," and that "None of our agents...advised of any type of any terrorist threat or anything like that."

Additionally, no one has ever been held accountable for what happened.

During The BRAD BLOG's exclusive interview last December with Ohio's new Secretary of State, Jennifer Brunner, she was asked about the infamous Warren County Lockdown and encouraged to investigate the matter to ensure something similar would not be allowed to occur during the 2008 election. She noted that she was still "troubled" by the '04 incident and "[couldn't] find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised at the time.

The Cincinnati Enquirer picked up on that section of our interview at the time, and now, going on four years since the Lockdown occurred --- first reported by The BRAD BLOG on November 8, 2004 --- a mainstream corporate media outlet has finally taken the issue seriously enough to devote some resources to a legitimate investigation.

Jon Craig's investigative report in Sunday's Cincinnati Enquirer notes: "Among those locked out were an Enquirer reporter, a TV reporter, and a stringer from the Associated Press." He goes on to report that "(t)he AP had stringers at all 88 boards of elections, and only in Warren County were they not allowed in."

Despite a misleading summary early in Craig's article, asserting the paper has "learned...A casual conversation about terrorism between the county emergency services director and a friendly FBI agent in a parking lot may have been the final trigger for the lockdown," what's clear is that to this day, no one from the FBI has ever come forward to substantiate Young's claims. Even today, while Young is taking responsibility for recommending the lockdown, he's sticking to his story that it was his conversation with an FBI official --- whom he still refuses to name --- that led him to his decision.

Both the FBI and the Warren County Sheriff tell Craig that Young's claims, essentially, are complete bullshit...

Another Election Day, another Diebold election "failure" or two.

And a few other quick Election Integrity items of note as I try to get outta here today to head to Arizona where I'll be appearing next week at Q&A's for a couple of Uncounted screenings. (See the "Media Appearances" box on top-right for details, if you're in Phoenix or Tuscon, or thereabouts!)...

• In Illinois today, they are holding an election to replace Denny Hastert. On the Diebold touch-screen machines used by the hopelessly partisan Republican DuPage County Election Commission, the word "REPUBLICAN" is popping on to the screen, such that some precincts have reportedly taken to placing tape over the screen where that occurs. The DuPage board is extraordinarily slimy, hopelessly corrupt, overtly willing to break the law, have hired Republican operatives to do "PR" for them (both overtly and covertly), and have recently launched an all out effort, with the help of their corrupt friends in the local media, to to swiftboat the non-partisan citizen Election Integrity advocate citizen volunteers of the Illinois Ballot Integrity Project (IBIP).

• Nothing illegal about Republicanists dutifully following Rush's orders to cross over to the Dem side in order to vote for Hillary in the recent Ohio Primary. Or is there?

• Diebold op-scan machines cause more trouble than they're worth. Again. This time in Vermont. And perhaps to the advantage of a Democrat over a Republican for a change. Someone needs to be fired for that.

• 0 Republican votes recorded in 21 Texas counties during last week's Primaries? Yes. But here's why.

Backatcha from the road (see below if you feel like helping us with some gas money! We could much use it!)...

UPDATE FROM THE ROAD, FROM SOME MOTEL 6 SOMEWHERE... The Democratic candidate, Bill Foster has been announced as the winner of Hastert's once formidable seat (yes, pun intended.) Good. Now it's time to impound those machines and memory cards from DuPage County immediately. Both the machines that flashed "REPUBLICAN" and those that didn't need to be impounded by the AG, so they can be tested to find out what happened and why it happened.

And because the Dem candidate won, Election Integrity advocates can't be labeled as "sore losers" for taking this action immediately. Hopefully the good folks at IBIP will take swift action. Lord knows the DuPage County Election Commission won't.

ANOTHER UPDATE: Related. It looks like Foster's Democratic Primary Election opponent, John Laesch is asking for a recount of the February primary. Haven't gotten to speak to him or his camp, so not familiar with what the issues of concern are yet, but thought I'd drop a quick link here to put it on your radar. The BRAD BLOG, of course, supports any and all recount requests deemed necessary by any candidates or their supporters who feel they need to find confidence in any given election results, particularly as we currently --- and absurdly --- use so many non-transparent, wholly faith-based voting systems which have robbed the country of the ability to have the oversight needed to ensure confidence in our democratic system.

The ever-necessary caveat: Most problems and failures with election systems don't fully begin to reveal themselves until the night of, and, more often, the days and weeks following the elections.

That said, this from RAW STORY's compilation article of various reports of trouble so far today, coming out of Ohio...

On the other hand, for some good news --- at least for now --- Cuyahoga County (Cleveland)'s new Election Director Jane Platten reports that things were going well there so far today, in the county which has been the center of much controversy for a number of reasons, not the least of which was its recent switch from Diebold touch-screen machines to paper ballots to be scanned at the county by ES&S machines. As of noon today, Platten said things were going "exceptionally good" and that all precincts had been able to open on time. For a change.

In Dayton's Montgomery County, where the report of Diebold touch-screen machine failures above comes from, things are not going quite as well...

Hannity & Colmes' guest lineup tonight, there to give us the inside skinny on tomorrow's "do or die" Democratic Primaries in Ohio and Texas on "America's Election HQ"...

Yup. Rove, Coulter, Morris, and Luntz. Guess they're needed to add balance to the Democratic powerhouse that is Alan Colmes?

BRAD BLOG FLASHBACK: Long time readers may remember the guest lineup announced for H&C's 2004 Presidential Election Eve show, as we reported at the time...

We ran an email campaign back then, haranguing them to add at least something resembling balance, which they eventually did by dumping Weld and adding Terry McAuliffe. Even though the clever little liars at Fox "News" still managed to figure out how to tilt it Right anyway.

Bad news and/or good news, depending on how you wish to look at it...

First this...

Followed by this reassuring(?) update to the same article, posted 57 minutes later...

Why must it always come down to Ohio?

Breaking late tonight on the Cleveland Plain-Dealer's blog comes news that the Summit County, Ohio, Republican Party Chair, Alex Arshinkoff, is being removed from his position on the county Elections Board by Democratic Secretary of State Jennifer Brunner.

According to the report, Boss Arshinkoff has been running the party machine out of the county election office, which even Republican State Senator Kevin Coughlin --- who is currently the first to vie for Arshinkoff's job as party chairman during his 30-year reign --- says has led to his having "abused his power...abused his position [and his having] abused employees at the board to strengthen his grip on the local party apparatus."

Arshinkoff becomes the latest in a series of Board of Elections officials who served under former Sec. of State J. Kenneth Blackwell to face either criminal sentences or disciplinary action since Brunner has taken office.

Writes Michael O'Malley and Laura Johnston at the P-D tonight...

The good guys win one for a change, in the never-ending battle against those who don't want you to vote.

This time, it was the Blackwellian Republican legislature of Ohio which got slapped down by a federal judge who found their 2006 restrictions on voter registration drives to be unconstitutional.

John Michael Spinelli has the details...

Last week, Reps. John Conyers (D-MI) and Jerrold Nadler (D-NY), both of the U.S. House Judiciary Committee, sent a letter to the former Ohio Secretary of State and Co-Chair of the state's Bush/Cheney '04 campaign committee, J. Kenneth Blackwell, inviting him to appear next week at a subcommittee oversight hearing on voter suppression issues.

To the surprise of almost nobody, Blackwell has refused the invitation to testify, claiming his "schedule [would] not permit" him to attend the hearings.

The snub, according to both the following report from Jon Craig at the Cincinnati Enquirer and additional indications given to The BRAD BLOG by a Judiciary staffer other than the one quoted by Craig, may lead to an escalation of the longtime standoff between Conyers and Blackwell. A congressional subpoena requiring an appearance by the controversial former SoS, who presided over one of the worst-run Presidential Elections in American history, may well be in the offing.

As Craig reports today at the Enquirer's political blog...

Though our own Judiciary source spoke to the same point, if not quite as directly, the comments above from Godfrey offer an additional indication that we may be headed to a showdown.

Such a subpoena would require a majority vote of the committee, which likely wouldn't come in time for the hearings currently scheduled for next Friday, according to Craig's report.

Is Ohio Secretary of State Jennifer Brunner finally getting serious about accountability? This could be a good sign...

Related previous BRAD BLOG coverage of Damschroder:

Speaking of Ohio, and Franklin County, and their corrupt election officials (such as Matt Damshroder, all noted in today's earlier piece), and the ridiculous continuing notion that we should, for some reason, trust in election officials...and the dubious symbiotic relationship they have with private election vendors...This just in from the Ohio Ethics Commission...

The complete press release follows below in full...

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...

Worth remembering as 2008 is about to begin...

(Hat-tip Neil Young and our buddy Brett Kimberlin of Justice Through Music and Op-Critical)

The Cincinnati Enquirer, the paper that originally reported on the still-unresolved case of Warren County, Ohio's tabulation room lockdown on Election Night in 2004, has taken note of the comments made by OH Sec. of State, Jennifer Brunner in The BRAD BLOG's exclusive interview with her last week.

They highlight our exchange with the Secretary, concerning the lack of investigation, by her office, or any other, into the specious "Homeland Security warning" that county officials claimed had forced them to impose an unprecedented lock out, of both the media and public, denying them the ability to observe the tabulation in the counting room on Election Night. Warren County was one of the last counties in the Buckeye State to report their results in 2004 and went overwhelmingly for George W. Bush.

Brunner told us during our interview last week that she found the issue "troubling," and said that she still "can't find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised us.

We argued that the best course of action is to bring accountability in order to send the message that such behavior will not be tolerated again.

At this time, the issue remains uninvestigated, the FBI and Dept. of Homeland Security deny issuing any such warnings to Warren or any other county in Ohio, and many of the county officials responsible for the unprecedented lockdown in 2004, in violation of state law, as well as the same county prosecutor, all remain in charge as another Presidential Election is set to begin in 2008.

Two of the Enquirer's original reports on the disturbing matter are posted here and here.

A very quick review of the reportage at the time, naming the names of those who were complicit, and the federal agencies that denied any such threat, follows...