The private voting machine company which manufactured the touch-screen hardware and software used during Sarasota, Florida's contested District 13 Congressional election between Christine Jennings (D) and Vern Buchanan (R) sent a letter in December of 2006 to David Drury, the chief of the state's Bureau of Voting Systems Certification, dictating the terms of the state-run audit convened to investigate the causes for massive undervote rate which seems to have tipped the election.

The extraordinary 3-page letter (posted in full at the end of this article) from Electronic Systems & Software, Inc. (ES&S) Vice President, Steven Pearson, is described as an "agreement" and instructs Drury on what may and may not be disclosed in the state's final audit report regarding the investigation.

The audit, for which ES&S was dictating terms to the state of Florida, was of their own voting systems used in the disputed race where 18,000 undervotes were discovered in the FL-13 election. The race was ultimately certified by the state with a 369 vote margin in favor of the Republican Buchanan, and is currently being contested in state court, and in Congress under the Federal Contested Elections Act.

"David, below are ES&S source code review guidelines for the conduction of any review of source code to be performed by the Department of State and any agent acting on your behalf as a result of the under vote investigation from the Sarasota County mid-term election. It is our desire the methodology and focus of the review be performed in a manner that incorporates the items described below," the agreement begins, before including a long, bullet-pointed and very narrow litany of specific dictates concerning what may and may not be done and/or discussed by the state-convened panel of investigators in their final report...

Melinda Henneberger at Huffington Post runs a news item today concerning an August 2006 letter from the voting machine company ES&S to Florida Elections officials warning about a defect in the iVotronic touch-screen voting machine which succeeded in losing the votes of some 18,000 voters in the razor-thin election between Christine Jennings (D) and Vern Buchanan (R) in Florida's 13th U.S. House Congressional district. Buchanan was provisionally seated, pending a Congressional challenge and state lawsuit filed by Jennings, after he was declared the "winner" by 369 votes.

The Sarasota, FL, Election Supervisor, Kathy Dent, decided against both having their machines patched to take care of the defect and posting a warning notice for voters as advised by ES&S. "No one in the State of Florida updated," their machines after receiving the letter, Dent told Henneberger. "That's because it was too close to the election. It was a state decision that it was too late to make changes."

Notably, as you'll see in the full letter as posted below, it was CC'd to David Drury, the Chief of Florida's Bureau of Voting Systems Certification. Drury, responsible for overseeing state certification of voting systems, in an extraordinary conflict of interest as we've noted several times previously, was part of the state team commissioned to audit the iVotronic systems used in the election. The commission was empaneled after the state was forced to relent and launch such an investigation in light of the controversy after their initial denials that there was any problem at all with the extraordinarily high undervote rate in the Sarasota-only section of the race.

The ES&S letter, as Henneberger noted, was only seen recently by Jennings's attorneys since "it was not provided to them by election officials as it should have been under discovery motions in the case," according to one of her attorneys.

Instead, the legal team came across the document only recently as posted "on a North Carolina-based website on election reform," according to Henneberger.

That website, as it turns out, is the NC Coalition for Verified Voting as founded by Election Integrity advocate Joyce McCloy. McCloy had attempted, both before and after the election, to get the attention of elections officials and the Jennings legal team. The letter, not linked by Henneberger, is posted here [PDF]. We've also posted the letter in full, as well, at the bottom of this article.

McCloy wrote The BRAD BLOG today expressing her frustration at trying to get anyone in Florida to take notice of the letter warning of "slow response times" to voters' attempts to select candidates on the ballot.

"I sent that memo (and my concerns) to anyone I could think of," McCloy explained in her email, "and this year to every election reform list serve that I could, posted it on political message boards. I asked and asked - has this bug been fixed?"

Apparently the answer is no; the bug was neither fixed, nor did Dent bother to warn voters in Sarasota about the problem as had been advised in the letter by ES&S.

As Henneberger reports today...

*** Special to The BRAD BLOG
*** By Guest Blogger Jim Cirile

Clint Curtis just won’t roll over. And that, fellow Americans, is a very good thing.

Curtis came to prominence a few years back when The BRAD BLOG broke the story of his blowing the whistle on Republican congressman Tom Feeney (FL-24) who, as Curtis alleged in a sworn affidavit, asked him to write an election-rigging software prototype when both men worked at the same Oviedo, FL, software firm in 2000. Curtis was a programmer, Feeney was then Speaker of the Florida House as well as the general counsel and registered lobbyist for the company, Yang Enterprises, Inc. (YEI)

A lifelong Republican, Curtis did as asked, believing the program was meant to be used to prevent election tampering by Democrats. When he learned the true purpose was to manipulate the vote in South Florida, Curtis went to the authorities and finally to the public. The BRAD BLOG has been following his story closely ever since.

Last year Curtis, who switched to the Democratic party in the wake of his experience and others like it with Feeney and YEI, challenged the powerful Feeney on his own turf --- he ran against him for the U.S. House seat in Florida’s 24th district, where Feeney had ascended in 2002.. Feeney's campaign against Curtis was as slimy as expected, with the powerful Republican friend of DeLay, Abramoff, and the whole bunch spending big bucks on a smear campaign in hopes of painting Curtis as a wacko conspiracy theorist, despite years of evidence shoring up Curtis’s original claims – including his successful passing of a polygraph test – and one report after another revealing massive holes in the claims of innocence by both Feeney and YEI.

Despite pre-election polls, including one from Zogby International, Inc., just prior to the election, showing the two men to be in a statistical dead heat, Feeney defeated Curtis 58% to 42% according to Florida’s officially certified election results.

But Curtis smelled a rat. Backed up by polling and his remarkable online vote verification tool, VoteNow 2006, he refused to concede. His race is now one of five challenges (four of them from the state of Florida, including the well-known FL-13 Jennings/Buchanan contest) currently pending in the U.S. Congress as having been filed under the Federal Contested Elections Act.

We spoke with Curtis late last week about what’s going on with those challenges, about his ongoing efforts to lobby Congress to finally bring reform to our broken election system, his experience with the Democrats "50 State Strategy," and whether he plans to run against Feeney again in 2008.

Suffice to say, like those three gals from Texas, Clint Curtis isn't "ready to make nice" either…

Guest Blogged by Alan Breslauer

Wolf Blitzer asks Florida's new Republican Governor Charlie Crist if there could be a replay in 2008 of the "2000 election fiasco?" Crist believes that his budget recommendation, which calls for $32 million to be spent implementing a "paper trail" system (in actuality, he's called for the replacement of touch-screen systems with paper ballot-based optical-scan systems) will cure Florida's election problems. He also offers up this gem:

However, when Wolf questions Crist about the 18,000 missing votes in "Orlando" from the 2006 election (he meant Sarasota in the still-contested FL-13 U.S. House race), Crist answers that his concern is "going forward." Thus, it seems Florida has felt very strongly about democracy for about three months now (who was running the place before Crist?). Not to be outdone, Wolf "presses" by holding his feet to the fire... asking a softball question...unrelated to Orlando Sarasota, about whether Florida will be "ready" by 2008.

Meanwhile, one would think that Americans would be a little more concerned about getting Florida elections right after experiencing the last six years of Bush. Yet, despite statistical evidence that all but guaranteed her victory in FL-13, Christine Jennings remains on the outside looking in. At least with Al Gore the mountains of evidence that he won Florida did not surface until after the Supreme Court gifted the election to Bush. With Jennings we do not have the luxury of such an excuse and it is inexcusable.

ADDENDUM BY BRAD: Wolf Blitzer is a complete and utter, unmitigated moron of indescribable proportions. Rivaled only in his utter and embarrassing cluelessness by Chris Wallace...And meanwhile, I have to beg for milk money. Amazing.

The Christine Jennings (D) campaign has just sent us a statement concerning today's release of the state-commissioned audit of the flawed election during her race against Vern Buchanan (R) last November in Florida's 13th Congressional District.

See our earlier full coverage of the state reports here...

"The audit of Sarasota County’s voting system was flawed, incomplete, and provides even more compelling reasons for the Christine Jennings campaign to seek a thorough investigation by outside experts," the statement begins.

The complete Jennings statement follows below...

Late this afternoon, the state of Florida released a state-commissioned audit report detailing their investigation into the contested U.S. House Election in Florida's 13th Congressional district between Christine Jennings (D) and Vern Buchanan (R).

In two lengthy and carefully worded reports, released along with a statement from the new Secretary of State, Kurt Browning (R), the state audit report [PDF] concludes that "The audit team found no evidence to suggest or conclude that the official certified election results did not reflect the actual votes cast."

A statement issued in response by People for the American Way (PFAW), who, along with VoterAction.org, are representing the voter plaintiffs contesting the election in the state, have described the report as "a whitewash." Their statement, posted in full at the end of this article, points to the partisan makeup and conflicts of interest in the commission empaneled by the state to examine the firmware of the paperless ES&S iVotronic touch-screen voting machines used in the race.

The report "is the result of a flawed process overseen by people with a stake in the outcome," said PFAW President Ralph Neas in the statement, which also details a number of other flaws in the state's "independent" commission.

Additionally, The BRAD BLOG has found that details in one of the reports actually contradict both Browning's statement and the conclusion of the state's official audit. The reports, as well, reveal a stultifyingly complex process being employed to manage the most basic point of any election: The simple task of adding one plus one plus one...

Kurt Browning, the new Florida Sec. of State, says in the one-minute video clip at right that he's "physically and mentally exhausted from having to defend touch-screen voting systems."

That is, of course, a tremendous victory. Particularly in Florida. Particularly from a previously "ardent supporter of touch-screen voting systems" as he admits in the video.

"If voters don't have confidence in their voting systems, what do they have confidence in?" Browning smartly asks. To which we say, "Kudos!"

His statements dovetail smartly with new FL Republican Governor Charlie Crist's recently announced initiative to replace all DRE/touch-screen sysaskems in Florida with optical-scan, paper-based systems (though not for early voting or disabled voters, but we'll take what we can for now).

Nonetheless, Browning's "exhaustion" is a victory for you and democracy! Congratulations all! Keep up the good work! There are many out there who still need to be exhausted!

Now if we could just get the Democrats and some of their knee-jerk supporters out there to see the same light, perhaps we'd be closer to do the day when we can finally declare: "Touch-Screen Voting - Game Over!"

(Hat-tip Jeannie Dean, both for the video and her tireless work down there in Sarasota!)

Blogged by Brad Friedman from Phoenix, AZ...

While Florida's new Republican Governor Charlie Crist deserves credit, perhaps even a rarely-bestowed BRAD BLOG "Intellectually Honest Conservative" Award --- for his recent announcement alongside Rep. Robert Wexler (D-FL) that he would propose some $32 million to replace the Sunshine State's failed touch-screen voting machines with paper-based optical scan systems, it seems that the old state guard is still lying and covering up for their failed e-voting systems which undermined democracy last November.

An article on the Crist/Wexler initiative from last Friday's New York Times offered this refreshing quote from the Florida Republican on concerns about the cost of tossing the state's recently purchased touch-screen systems: "The price of freedom is not cheap. The importance of a democratic system of voting that we can trust, that we can have confidence in, is incredibly important."

To that, we say, right on. But apparently the folks in Crist's Department of State (DOS) have yet to get the memo that it's time to stop covering up the massive electoral system failures in Florida.

In a blog item today by Princeton University's computer science Professor Ed Felten, he reveals that the state's "independent audit" of the contested 13th Congressional District election between Democrat Christine Jennings and Republican Vern Buchanan --- in which some 18,000 votes disappeared on Sarasota County's paperless touch-screen machines in a race decided by just 369 votes --- is built on more lies than previously realized.

The Princeton University professor who led the team that revealed Diebold touch-screen systems could be hacked in less than 60 seconds and implanted with a vote-stealing virus which could undetectedly flip an entire election has exposed yet another lie from the state-convened team of scientists supposedly investigating the FL-13 incident.

The audit team, convened by state officials at the FL Department of State, has been appropriately criticized for its partisan make-up, lack of transparency, and apparent conflicts of interest in demonstrating that they were not to blame for having certified the very voting systems they have charged themselves with "investigating."

Felten, however, has revealed the case is even worse than that. Apparently they have lied about who is actually on the team, listing Felten in official documents as one of the team members despite his early refusal to take part in the state-run investigation...

Blogged by Brad --- with elan --- from the road...

This is huge. Though it was buried in today's Daily Voting News, as it broke late, it is most decidedly siren-worthy! Big time!

Florida's new Republican Governor Charlie Crist, working with Democratic U.S. House Member Robert Wexler, will reportedly be recommending millions of dollars to replace every one of Florida's horrendous touch-screen voting machines with optical-scan systems featuring: A PAPER BALLOT FOR EVERY VOTE CAST!

Palm Beach Post confirms. So does AP.

Don't be confused by the references to "paper trails" in the linked articles. Optical scan systems use a paper BALLOT, not a "paper trail".

Free at last? Free at last? Thank God Almighty the Sunshine State may be free at last!?

We shall see. But this could be the best news to come down the pike for democracy fans since Woman's Suffrage. We'll be watching. And then, of course, we've got to make certain there are appropriate audits and other measures to ensure the op-scan systems aren't hacked as they were in Leon County, Florida, last December.

But a path is built one stone at a time. And this could be a very big stone. So for tonight, we'll go to sleep, for a change, with a smile on our face...God Bless America.

Blogged by Brad Friedman from on the road...

To be clear, despite the headline, we don't mean to call Princeton's computer science professor Ed Felten "stupid" by any means. We do, however, mean to make clear --- in no uncertain terms --- that the oft-floated idea that adding so-called "paper trails" to failed, paperless ES&S touch-screen voting machines, such as those used in last November's U.S. House race in Sarasota between Christine Jennings (D) and Vern Buchanan (R), would not have avoided the situation we're now in. In fact, such "Voter Verified Paper Audit Trails" (VVPAT) added to Direct Recording Electronic (DRE/touch-screen) systems would likely make our current crisis of democracy worse instead of better.

As we've said before, DREs with or without a VVPAT are a threat to democracy. VVPATs are little more than a band-aid at best, and more likely serve only as a panacea to offer a false sense of security.

Adding a "paper trail" to a DRE/touch-screen system is like requiring a seat belt in a Ford Pinto; what good will the seat belts do when the Pinto explodes?

Today then, Princeton's Felten (he of the infamous Diebold Touch-Screen Virus Hack) has posted an article on his blog looking at what may have happened in the contested U.S. House race in Florida's 13th Congressional District between Jennings and Buchanan, in which some 18,000 votes seem to have disappeared completely on the paperless ES&S touch-screen voting machines. Just 369 votes separate the two candidates in the flawed state-certified final results.

In his essay, the first of a promised series to come this week, Felten correctly points out that the situation can only be attributed to problems with the ES&S voting machines themselves, since the undervote rate for the very same race in the very same county was a reasonable 2.5% on the paper absentee ballots, but jumped nearly 15% as recorded on the ES&S touch-screen machines.

Even ES&S's only expert witness so far to take the stand --- Dartmouth College's political (not computer) scientist, Michael Herron --- in the election contest down in Florida admitted that were it not for problems voters encountered in using those voting machines, Jennings likely would have been named the winner. That point was reported by Sarasota Herald Tribune who reported on the testimony this way: "Had those ballots been cast without problems, Jennings would have won by as many as 3,000 votes, according to the ES&S expert's statistical 'best guess.'" Reporting from both Wired News and our own discussions just after the testimony with Lowell Finley, the attorney for VoterAction.org, one of several non-partisan groups who argued the case on behalf of the Florida voter plaintiffs who joined Christine Jennings in filing an election contest, confirmed that point as well.

So the question --- for those legitimately trying to figure out what went wrong, as opposed to Buchanan and his supporters who simply want to claim the House seat as their own, even if it's an aberration of democracy --- is whether the problem was due to bad ballot design, machine malfunction, or, most likely, some combination of both. With just 369 votes between the two candidates in the state-certified final result (which is being challenged in both Florida courts and the U.S. House), virtually every analysis has determined that even a minor machine malfunction would likely have thrown the race to the Republican in the Democrat's strongest areas in Sarasota. That's where the largest undervote rates occured.

Felten's thesis, however, as he begins to discuss today in his first article on the topic, would seem to suggest --- incorrectly, in our view --- that a "paper trail" on those paperless touch-screens would have avoided this problem. We'll answer by suggesting it would only have made it worse.

In the meantime, an as-yet under-reported affidavit obtained by The BRAD BLOG from a poll worker, which accompanied a complaint filed by a Republican (yep, you read that right) in Sarasota who believes machine malfunction was clearly the culprit, seems to demonstrate clearly that a problem with the ES&S iVotronic system, not a problem finding the race on the ballot, was to blame for the massive undervote rate.

Couple that with two excellent reports from Daniel Hopsicker as filed last week (one here, the second here) analyzing, in crystal-clear detail, a number of contemporaneous news reports from Sarasota before, during, and after the election, it becomes very clear that machine failure was the problem in the FL-13 election and not "bad ballot design" --- the favored theory of folks hoping to keep the "provisionally seated" Buchanan in power.

Hopsicker's excellent review of those news reports, both as the problem was first emerging and just after the election, when voters' and poll workers' recollections were still fresh, reveals that voter and poll worker complaints at that time overwhelmingly focused on problems voters had casting their votes in particular races and not on problems finding particular races on the ballots!

We'll take a look at the complaint filed by the Republican mentioned above, along with the poll-worker affidavit, in a future report this week. But for now, we'll look at Felten's "Paper Trails Would Have Avoided the Problem" theory.

As Felten averred today...

AP reports the following comments made Tuesday by the unimpeached Supreme Court Justice Antonin Scalia concerning his decision to overthrow American democracy in the 2000 Presidential Election:

We wonder what other decisions by the SCOTUS that Americans should "get over." We wonder if the voters of Florida who were denied their expressed intent to elect Al Gore should also "get over it." Doubtless, the more than 3000 U.S. troops killed by George W. Bush's unnecessary war have no choice but to "get over it."

Deceptively attempting to justify his wholly incorrect and unconstitutional decision by playing the unequally applied "Equal Protection Clause" card once again, Scalia reportedly added, "Counting somebody else's dimpled chad and not counting my dimpled chad is not giving equal protection of the law."

Interestingly enough, Scalia and the SCOTUS have stood by and allowed all forms of un-Equal Protection in Elections ever since --- from the myriad different voting systems and "standards" now used, to the myriad ways in which votes by voters in the very same county are counted differently and at different times. In other words, the repugnant democracy-hating Scalia is full of shit.

As pointed out --- though somewhat cryptically --- in the AP piece by Mark Sherman, subsequent study of the actual ballots in the state of Florida in 2000 showed that, in fact, had all of the them actually been counted (we know, it's a quaint idea) Gore would have won [PDF] the state, and thus the Presidency.

Speaking of which, Rolling Stone's Tim Dickinson says: Run, Al, Run. We concur, and offer John Lennon's "(Just Like) Starting Over" as our suggestion for the campaign's victory song.

(Hat-tip Michael Roston at RAW STORY.)

Melinda Henneberger interviews Christine Jennings, who would have won her race for the U.S. House in Florida's 13th district were it not for the ES&S touch-screen voting machines in Sarasota County, which robbed her (so far) of her rightful seat.

We guess candidates have to actually get screwed by these machines themselves before they are capable of fully appreciating the dangers about which we write here virtually every day. At the end of Henneberger's piece, she quotes Jennings in reference to some of the oft-ignored Election Integrity Advocates (like yours truly) who have long been trying to raise the reddest of flags. In this case, Jennings refers to the good folks of the Sarasota Alliance for Fair Elections (SAFE) with an "I'd wish I'd listened to them" sub-text impossible to ignore...

So what will it take for the rest of the Democratic Party to start getting it?

We gave her a few months off while we covered more pressing items to our nation, but it looks like the troubles are still far from over for right-wing demagogue/hate-monger turned felonious vote fraudster Ann Coulter.

Palm-Beach Post's Jose Lambiet, who originally broke the story a year or so ago, has another scoop today on the matter and The BRAD BLOG has now obtained the documents on which his scoop is based.

Lambiet's item today covers PB County Supervisor of Elections Arthur Anderson's difficulty in finding a local law enforcement agency with the stones --- or at least, the jurisdiction --- to take on the hypocritical pundit even though a police report completed in late November, requested by Anderson, indicates that Coulter could be facing two third degree felony charges, along with one first degree misdemeanor, if charged.

Newly added to the previously known allegations of Voter Fraud --- when Coulter used her realtor's address instead of her own on her Voter Registration Application --- is the allegation by the Palm Beach Police Department that Coulter seems to also have given that same, incorrect address when applying for a driver's license after moving to the tony Sunshine State 'hood, where her fellow GOP propagandist Rush Limbaugh has recently had his own troubles following the rule of law.

The allegation concerning Driver's License Fraud would be yet another third degree felony, according to the Palm Beach Police Department report!

The BRAD BLOG has obtained the complete PBPD report (linked below), summarized by Lambiet as revealing that Coulter "could end up charged with: one felony count for signing a voter form claiming she lived at her Realtor's Indian Road home instead of her Seabreeze Avenue homestead; one felony count for 'unauthorized possession of a driver's license,' also for providing the same wrong address when obtaining her license; and a misdemeanor for knowingly voting in the wrong precinct."

Lambiet reports that Anderson has been making the rounds seeking a law enforcement outlet with the proper jurisdiction since, he says, the PB County Supervisor of Elections office is "not an investigative agency" and given that there has been "significant interest from the community" in seeing the matter addressed. But, so far, Florida authorities have yet to touch the case. According to Lambiet...

The three-page Palm Beach Police Department November report, and the accompanying one-page December letter to Anderson from Chief of Police Michael S. Reiter, detailing Coulter's apparent felonies and misdemeanor, is available right here...

PREVIOUS COULTER VOTER FRAUD DOCS:

• Pollworker's Incident Report & Letter from Anderson to Coulter requesting explanation...
• Palm Beach County Property records proving Coulter lied on her Voter Registration Application...
• Coulter's Felonious Voter Registration Form...

Describing it as a "threat...intended to interfere with the independence of the judiciary" in Florida's 13th Congressional District election contest, one of the defendants in the case, Elections Systems & Software, Inc. (ES&S), has filed a motion to strike a letter sent last week to Florida's appellate court from the Chair of the U.S. House Administration Committee, The BRAD BLOG has learned.

Attorneys for the plaintiffs describe the motion as "remarkable" and "a blatant thumb in the eye of Congress."

In her January 5th letter [PDF], the new Democratic chair of the committee, Juanita Millender-McDonald, responded to a lower court's decision at the end of the year refusing the release of the computer source code used on the paperless ES&S touch-screen systems during last November's contested election. Circuit Court Judge William L. Gary held in his decision at that time that the proprietary "trade secrets" of ES&S took precedence over Florida voters' right to know what actually occurred in their own U.S. House election.

The plaintiffs in the case --- Democrat Christine Jennings and several non-partisan election watchdog groups --- had requested review of the source code to aid in an independent expert investigation to help determine what went wrong when Sarasota's touch-screen systems, made by ES&S, failed to report some 18,000 votes in Jennings's race for the U.S. House against the Republican Vern Buchanan.

Buchanan was certified as the "winner" by the state of Florida despite his 369 vote margin and questions about the contest based on the extraordinarily high undervote rate on Sarasota County's voting systems. The still-unexplained undervote rate in the county was approximately five times higher than in the same race in neighboring counties, and similarly much higher than the undervote rate in the same race on the paper absentee ballots in the very same county.

In today's motion [PDF], obtained this afternoon by The BRAD BLOG, ES&S demands the court strike Millender-McDonald's letter from the record. They claim that it's an "unauthorized, non-party response" and that her letter was a "thinly veiled attempt...to intimidate this Court and unduly influence its deliberations in order to give Petitioner [Jennings], a member of Millender-McDonald's political party, an unwarranted advantage in this election contest."

That, despite the fact that Jennings has challenged the election in the U.S. House under the Federal Contested Elections Act and that a letter [PDF], similarly from the U.S. House Administration Committee --- then under Republican rule --- sent to a California court was instrumental and cited by the Judge in the dismissal of a contested U.S. House Special Election last summer between Brian Bilbray (R) and Francine Busby (D) in California's 50th district.

David Becker, a Senior Attorney at PFAW Foundation, one of the groups supporting the voter plaintiffs in the case, tells The BRAD BLOG that the claims made by ES&S in their motion "take a lot of chutzpah." ...

It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...