Congresswoman Juanita Millender-McDonald, the new chair of the U.S. House Administration Committee, has sent a letter to the Florida Court of Appeals currently reviewing the absurd decision made late in the day on the last day the year by circuit court Judge William L. Gary to disallow release of the source code from the paperless ES&S touch-screen voting machines to the plaintiffs who have requested it in the state election contest in the U.S. House race in Florida's 13th district.

Gary found at the time that release of the material would "result in destroying or at least gutting the protections afforded those who own the trade secrets." In other words, the private corporate interests of the ES&S voting machine company was more important than allowing Florida voters to try and determine the valid winner of an election.

The election is one of five now being contested in the U.S. House under the Federal Contested Elections Act, and we'd suggest Millender-McDonald's letter may serve as a precursor warning to the courts that the committee may use their subpeona power to get at the source code if the Florida courts refuse to allow its release.

Electronic Frontier Foundation covers the news here with the short letter itself linked here [PDF].

Two groups have issued media releases concerning the provisional seating of Congressional candidates in the U.S. House.

Both releases laud Congressman Rush Holt (D-NJ) for championing the challenges in the U.S. House.

The first one, issued yesterday by a representative from the Democratic Clint Curtis campaign, points out that there are four Florida elections being contested in the House under the Federal Contested Elections Act, including Curtis's race in Florida's 24th district against the corrupt Republican Tom Feeney (whose violation of House travel rules seems to have been discovered by the Ethics Committee last summer, but was only announced yesterday along with a gentle rap on the wrist and a polite request that he cough up the money equivalent to what Feeney estimates was paid by Jack Abramoff for Feeney to go and play golf with him in Scotland).

In addition to the FL-24 Curtis/Feeney challenge and the FL-13 Christine Jennings(D)/Vern Buchanan(R) race, the release also states that challenges have been filed in the FL-5 John Russell(D)/Ginny Brown-Waite(R) contest (Update: Tampa Tribune catches up, posts details here.) and the FL-21 Frank Gonzales(D)/Lincoln Diaz-Balart(R) race.

Though they didn't mention those last two races, USA Today reported yesterday that the election in Louisiana's 4th district between Patti Cox (D) and Jim McCrery (R) is also being contested on the allegation that McCrery isn't actually a resident of the district, or even the state.

The second news release is from People for the America Way (PFAW) today and focuses on the Jennings/Buchanan touch-screen debacle in FL-13, where PFAW is one of the groups contesting the election in State court and calling for a revote.

In a comment sent to The BRAD BLOG last night from Holt's office in reply to the Curtis statement, the office says Holt's actions in the House "will focus on Christine Jennings and FL-13, but the ruling will apply broadly." As well, they say that while Holt will be "championing the cause of anyone who has a pending legal or official house electoral contest, the genesis of his involvement is certainly with" Jennings and that he's "more able to attest to the merits of her case."

The fight to ensure that the voice of the voters is heard --- and heard accurately and legally --- continues. Both releases are posted in full below...

Republican U.S. Congressman Tom Feeney of Florida's 24th District has been ordered today by the House Ethics Committee to pay $5,643 for the cost of a "recreational" golf trip to St. Andrews, Scotland, which he had taken with the now-disgraced lobbyist Jack Abramoff in 2003. The bill had been previously paid for by Abramoff, the committee has found.

The slap on the wrist issued today by the U.S. House Ethics Committee on the last day before the change-over to the new Congress was announced in a terse, one paragraph, bare-bones statement posted to the committee's website. AP reported the matter here. Outgoing defeated Congressman Curt Weldon (R-PA) was also found in violation of House rules and has agree to pay back more than $23,000 in inappropriate gifts.

The findings from the Ethics Committee, however, may be just the tip of the iceberg for Feeney as there continues to be a number of other allegations and claims of misconduct, both new and old, which still hang precariously over the Congressman's head.

The claimed cost of Feeney's Scotland trip, $5,643, was apparently supplied to the committee by the Congressman himself in March of 2005 after the many tentacles of the Abramoff corruption scandal were beginning to reveal themselves. Only after the trip had been reported by the media did Feeney take the matter to the Ethics Commission.

Feeney, who has been named for the second year running as one of the "Most Corrupt Members of Congress" by the non-partisan ethics watchdog group the Committee for Responsibility and Ethics in Washington (CREW), had previously claimed that the trip, and several others, were pre-approved by the House Ethics Committee. As well, he had also originally claimed on his disclosure forms for the Scotland trip that it had been paid for by the National Center for Public Policy. The center has denied paying for the trip and Feeney has supplied no evidence that we're aware of that the Ethics Committee had pre-approved his vacation with Abramoff or any of the others.

In a statement released this afternoon, the National Center for Public Policy Research reiterated their denial of having had anything to do with Feeney's travels, despite continue statements from Feeney's office suggesting that they did. "The National Center for Public Policy Research played no role in this trip," the statement reads, "and only learned of its existence from media inquiries two years after it was taken."

No action has yet been taken on the other questionable vacations, one to Korea which was sponsored by he Korea-U.S. Exchange Council (KORUSEC), a registered foreign agent, and another to West Palm Beach, Florida, which Feeney had listed as having been paid for by a lobbying firm, which would also be a violation of House rules.

According to the Orlando Sentinel today, Feeney’s Chief of Staff Jason Roe --- who has had his own conduct questioned --- said of Feeney: "He’s personally and professionally embarrassed and considering it an expensive lesson."

The "lesson" however, was not all that "expensive" by Congressional standards, and certainly not if the $1.3 million that Feeney raised, mostly from corporate PACs, to spend on his recent campaign might be any indication of the funds that the once-exceedingly powerful Florida Republican has quick and easy access to.

"It's like he robbed a bank and was just asked to give back the money," said Naomi Seligman Steiner of CREW in deriding the light treatment given to Feeney by the commission.

The other two congressmen who had gone on junkets to St. Andrews with Abramoff, Tom Delay (R-TX) and Bob Ney (R-OH), have since resigned in the wake of criminal charges and guilty pleas. The cost for former Republican Majority Leader Delay's trip to Scotland with Abramoff was estimated to have been between $70,000 and $100,000. Feeney is the only Congress member of the three still serving in the U.S. House.

He was recently declared the winner by the state of Florida in the U.S. House race for 24th congressional district where Feeney ran one of the dirtiest --- and most expensive --- U.S. House campaigns in the nation against Clint Curtis, a computer programmer turned whistleblower. In early December of 2004, The BRAD BLOG broke the news of Curtis's affidavit alleging that Feeney was involved in a conspiracy to create electronic vote-rigging software when both men worked for the same Oviedo, Florida, software firm, Yang Enterprises, Inc. (YEI), in 2000. At the time, Feeney was employed as YEI's general counsel and registered lobbyist, even while he served as the powerful speaker of Florida's House of Representatives.

Curtis also charged at the time that Feeney had helped cover up a number of other legal violations by the company, including the employment of illegal aliens at YEI who he claimed had had been spying for Communist China. Curtis also alleged YEI was over-billing on state contracts and had been inserting illegal wiretapping modules into software the firm had been contracted to write for NASA and the Florida Dept. of Transportation (FDOT). In the ensuing years, one of YEI's employees, Hai Lin "Henry" Nee, the man Curtis accused of writing the wiretapping modules, pled guilty after being arrested by Federal Authorities in a four year sting in which he admitted sending computer chips used in Hellfire anti-tank missile guidance systems to Communist China. As well, a report issued by the State of Florida's Inspector General's office found that YEI had, in fact, over-billed the state of Florida on contracts and that Nee had indeed been an illegal alien.

Feeney, a good friend of Dr. and Mrs. Yang, the owners of YEI --- who have given thousands of dollars in campaign support to the disgraced congressman over the years --- still keeps his main campaign headquarters in the YEI office building in Oviedo, Florida, to this day. Feeney had previously been caught lying about his association with the Yangs.

Feeney's troubles, however, are likely far from over. As a member of the Republican Leadership in the 109th Congress --- he was a deputy whip --- Feeney has yet to detail what he knew about his Florida colleague Rep. Mark Foley's sexual transgressions with minors. After reports had surfaced that the Leadership had been made aware of the concerns about Foley many years ago, Curtis issued a press release during the campaign calling on Feeney to come clean on what he knew about Foley, when he knew it, and what he did about it. Feeney has stayed mum to this day, refusing to give details about his knowledge in the matter.

Feeney, who has claimed Curtis is both "crazy" and "a liar" has refused to take a polygraph test despite having been challenged publicly by Curtis, and others, to do so. For his part, Curtis successfully passed a lie detector test concerning his charges against Feeney and YEI back in early 2005.

Additionally, Curtis has since filed a challenge in Congress to the election of Feeney, claiming a number of irregularities found in the Diebold electronic voting systems used across several counties in Florida's 24th district. Yesterday, the National Election Data Archive issued an analysis [PDF] of precinct data for the election detailing a number of inexplicable discrepancies in the results as reported by the state of Florida. The non-partisan Election Integrity organization has announced that the discrepancies in the numbers are "consistent with a pattern that would be caused by voter disenfranchisement, vote fraud, or innocent miscount."

When the Congressional challenge was filed in the race between Christine Jennings (D) and Vern Buchanan (R) in the FL-13 race --- where the votes of some 18,000 Florida voters failed to register on ES&S touch-screen voting machines in Sarasota, with a reported margin of just 369 votes between the two candidates --- Feeney declared the Constitutional challenge to be "total political dictatorship." His statement was made to the media, however, before it was publicly known that Feeney's election would as well be challenged in the same Congress under the same Federal Contested Elections Act.

Curtis's challenge, and several others originating in the state of Florida, will reportedly be championed in the House by Congressman Rush Holt (D-NJ), who has long been an advocate for election reform in the U.S. House. We hope to have more details here at The BRAD BLOG on the Curtis challenge, and other related matters, shortly. Stay tuned...

In a ruling issued this afternoon just prior to the Holiday weekend, the presiding Florida Circuit Court Judge William L. Gary denied the plaintiffs motion to allow review of the source code for the paperless touch-screen machines used in the contested U.S. House race in Florida's 13th district between Democrat Christine Jennings and Republican Vern Buchanan.

Jennings, and a number of Florida voters and Election Integrity organizations, had filed suit asking for a revote and to allow them to review the software used on the voting machines made by Election Systems and Software, Inc. (ES&S), after some 18,000 votes seemed to have disappeared in the race to fill the U.S. House seat vacated by former FL Secretary of State Katherine Harris. The state has previously certified Buchanan as the winner by a 369 vote margin.

Gary's terse ruling [PDF], issued this afternoon denying the motion to compel the company to turn over their source code, states that ES&S has a right to keep their software hidden from review by both the Jennings camp and voters, supporting the company's "right" to keep their "trade secrets" protected.

An audit of the machines was previously conducted by a panel convened by the state. The various plaintiff groups had roundly criticized both the make-up of the panel and the procedures used during the testing, characterizing it as an "exercise in futility." The panel was led by a known hard-right Republican partisan and included the state's own official responsible for voting machine certification. No independent Election Integrity advocates were included on the panel.

That audit --- to nobody's surprise --- revealed no problems in the hardware or software as tested. But the plaintiffs have argued that only an independent investigation of the source code used on the Direct Recording Electronic (DRE) voting machines might reveal reasons for the inexplicably large undervote rate in the race, more than 12%, only found on Sarasota's paperless touch-screen systems. Absentee paper balloting in the county, and on voting machines in other counties which make up the FL-13 district, revealed no such anomalous undervote rate. Undervote rates on paper absentee ballots in the same race, in the same county, were just over 2.5%.

Neither the Buchanan camp, nor anyone else, has been able to give a credible explanation for the disparity.

Gary's ruling denying Plaintiffs' motion to examine the voting machine source code finds that:

The plaintiffs had been requesting a revote for the election in the Florida circuit court. Jennings has filed a contest in the U.S. Congress, under the Constitutional provision which allows the House to determine the seating of members. When the new Congress convenes in January they must decide whether to seat Buchanan as is, seat him provisionally, seat Jennings instead, or leave the seat vacant, essentially forcing a Special Election in FL-13, or take some other action.

The Orlando Sentinel sends me a Christmas gift. While it's not exactly that I may have asked for, this being the charitable season I'll look the other way and be thankful for what I got. Particularly as the Sentinel (or the Slantinel as some in the Sunshine State aptly refer to it) has never been particularly democracy-friendly.

Here then, a few highlights from their weekend editorial entitled "Drop touch-screens - Our position: It's time to pull the plug on the failed experiment of electronic voting"...

We hinted at this last week when Florida's corrupt Rep. Tom Feeney (R-Abramoff) expressed his obnoxious indignation over the democratic (small "d") Congressional election challenge filed by Christine Jennings (D) against Vern Buchanan (R) in the FL-13 U.S. House race. This is the contest in which the perpetually election-challenged state of Florida certified Buchanan as the winner by 369 votes, even though some 18,000 votes seem to have disappeared altogether on Sarasota County's paperless ES&S touch-screen voting machines.

The challenge brought Feeney slithering out from under his rock to charge that Jennings' Constitutional request that Congress not seat Buchanan --- who appears to have "won" only due to failures in Sarasota's voting equipment (which even ES&S's own "expert witness" admitted on the witness stand during a hearing on the election contests filed by both Jennings and voters in Florida) --- amounted to "total political dictatorship."

At least that's what Feeney told the Orlando Sentinel at the time.

What he doesn't seem to have told them is that he too is the object of a similar Constitutional challenge in Congress by his own opponent, Clint Curtis, in the race for U.S. House in Florida's 24th district.

Curtis, who originally exposed Feeney's alleged attempt to create touch-screen vote-rigging software back in 2000 (a story broken by The BRAD BLOG in 2004 and followed in detail ever since), campaigned to unseat Feeney this year for the first time, but was declared the loser. Curtis disagrees.

Warren Stewart at VoteTrustUSA covered both the Curtis and Jennings challenges on the Thursday before XMas weekend, along with a posting of the complaints filed by both candidates (Curtis' complaint here, Jennings's complaint here, both in WORD format) as filed in Congress. We've yet to review either complaint or discuss them with either candidate personally, so we'll refer to Stewart's coverage and the actual complaints for the moment and let you people do some work for a change.

The Orlando Sentinel, however, picked up on the story of Curtis's challenge on Xmas Eve in a brief post in their "This Just In" section. Here's the full item...

Stay tuned, indeed...The saga continues...

Guest Blogged by Alan Breslauer

Christine Jennings and her lawyer, Kendall Coffey, appeared Wednesday on Lou Dobbs Tonight with guest host Kitty Pilgrim to discuss the latest news concerning Florida's 13th Congressional District. As BRAD BLOG has reported often (most recently here, here and here), Vern Buchanan was declared the winner in Florida's 13th after the disappearance of 18,000 votes left the Republican with a paltry 369 vote lead over his opponent Jennings. Subsequently, a handful of experts including one provided by e-voting manufacturer ES&S, concluded that the inclusion of the missing votes would have propelled Jennings to an easy victory based on an analysis of the Sarasota votes which did not spontaneously combust.

Unfortunately, the will of the people is a foreign concept among those controlling the Florida election apparatus which declared Buchanan the winner after recounting nothing a couple of times. With no paper trail (much less a paper BALLOT, and there is a big difference!), a "recount" merely refers to state election staffers testing whether a few selected machines are working properly and is entirely unrelated to the vote count. By certifying Buchanan the winner, the state forced Jennings to seek relief in the Florida courts.

This did not sit well with Sean Hannity who, with Buchanan on as a guest a few weeks ago, found the entire affair "unbelievable" and further evidence that Democrats are sore losers. Juxtaposing the Hannity clip as well as Tom Feeney's reaction to the election controversy, recounted by Brad here, to Jennings appearance on CNN (clip above right), makes for quite an interesting experiment. While hardly evidence that could be used in a court of law like the damning statistical evidence, the contrast is, nevertheless, telling.

Tom Feeney (R-Abramoff) is back! And he's not taking any shit from any of those democracy loving pussies!

Now that he's temporarily been sent back to the U.S. House of Representatives --- after having spent more than $1 million in corporate PAC money to achieve an unimpressive victory over Clint Curtis, the computer programmer who spent about $40k on his campaign and has accused Feeney of conspiring to create vote-rigging software in Florida --- Feeney is ready to rumble!

"That is total political dictatorship," Feeney tells the Orlando Sentinel today in regard to the Congressional election challenge filed yesterday by Democrat Christine Jennings in the U.S. House after 18,000 votes disappeared in her recent election in Florida's 13th District, leading to a reported "loss" by 369 votes to Republican Vern Buchanan.

And, if anybody knows anything about "total political dictatorship" it would be Tom Feeney. The man who, as Speaker of the Florida House in 2000, promised to deliver the state's Electoral Votes to George W. Bush no matter what those democracy haters on the U.S. Supreme Court had to say about it!; the man who worked as general counsel and registered lobbyist (even while speaker of the Florida House) for a company that had harbored at least one illegal alien who pled guilty to charges related to sending Hellfire anti-tank missile chips to Communist China; the man who keeps his campaign headquarters in the firm's headquarters building even today!; the man who didn't raise a peep when the Republican controlled U.S. House sent a letter ordering a California judge to dismiss a lawful election contest in San Diego's special U.S. House election last Summer after the House had rushed to swear in apparent-winner Brian Bilbray just 7 days after the election, with thousands of votes still uncounted and a full two weeks before the state would even certify the close and disputed election which was run illegally on compromised, decertified electronic voting machines.

Now --- even after the only expert witness put forward in Florida by ES&S, the voting machine company that makes the touch-screen systems used in FL-13, admitted yesterday on the stand that Jennings would have won the election were it not for problems with the voting equipment --- Feeney is the man sticking his bright red, irony-impaired face out to declare that Democrats would be participating in "total political dictatorship" by exercising their constitutional right to "determine the manner and seating of their members."

"Total political dictatorship" - Nobody knows it better than Tom Feeney.

Oh, and could he also be so angry about this because it turns out that Clint Curtis himself has now filed a Congressional challenge in his race against Feeney? More on that, hopefully, later....

Good news. It's getting a little harder, at least for the moment, for our government to kill our own citizens. From the AP coverage...

No. It's not cruel and unusual. It's very kind and thoughtful. Idiot.

The government in the state of Florida can't seem to get anything right. According to one of the anti-Death Penalty advocates quoted in the story, "Florida has certainly deservedly earned a reputation for being a state that conducts botched executions."

Go ahead and replace "executions" with "elections" (as you probably already have) and the sentence is equally true. Although, as far as we know, nobody's head has caught fire while voting in Florida, as apparently occurred twice during electric-chair executions in the state during the 90's. Lovely.

Meanwhile, good news on the Government Not Murdering Its Own Citizens front in both California, and even Missouri...

An instructional web page, explaining the ES&S touch-screen electronic voting machines in use during Florida's disputed FL-13 U.S. House Election gives faulty information to voters about the way the county's paperless voting systems works, The BRAD BLOG has learned.

The information offered on the county's election website, concerning the crucial process during which voters might choose to adjust any "undervotes" found on their electronic "ballots" at the end of the voting process, is misleading and incorrect. According to several sources, the systems in use during the contested November 7th U.S. House race between Vern Buchanan (R) and Christine Jennings (D) did not operate as advertised by the Sarasota County website.

The county web page in question is described as "a technical look at how the ES&S iVotronic touch screen system works." Yet, Sarasota's ES&S iVotronic systems, apparently, didn't work as described on the site.

The "VOTE button" on the iVotronic, as explained by the text on the website, will cast the vote only after the summary page is given to the voters, allowing them to explicitly approve or disapprove of any undervotes found on their "ballots."

"The iVotronic will review the ballot for any races for which the voter did not cast a vote (undervote), and asks if this is the intent of the voter," according to the webpage. The voter is then said to receive a YES or NO option to confirm their intention of undervoting in the particular race(s).

(The webpage is here. Click the #5 option to see how the "VOTE button" on the system is supposed to work. A screenshot of the page follows at the end of this article.)

Lowell Finley, however, an attorney for VoterAction.org --- one of several non-partisan organizations leading a voter lawsuit demanding a revote in the election --- tells The BRAD BLOG that "the statement on the Sarasota website is false" and that voters were not given such an option on November 7th.

We also inquired about the matter on Friday afternoon with the office of "the Honorable" Kathy Dent, Sarasota County's Supervisor of Elections...

From Tribune Media Services' Robert Koehler, in his latest column, "Electronic Treason"...

We feel ya, Bob. And thanks for being there where few dared to go back in those dark days of mid-2005.

Read the rest at Koehler's own site or at Huff Po.

ED NOTE: See our own thoughts on the "Constitutional Option" of a Congressional challenge in the Jennings/Buchanan FL-13 race, and how this version differs from the same law (mis)applied in last Summer's Busby/Bilbray Special U.S. House election in CA-50 as posted yesterday.

From today's St. Petersburg Times...

In a side note, Rep. Tom Feeney (R-Abramoff), a man who knows a thing or two about both bad elections and bullying people to get his way, is quoted in the story as well:

Feeney, aside from allegedly asking computer programmer turned whistleblower Clint Curtis to create vote-rigging software back in 2000 (which is notorious enough), notoriously also announced, back in 2000 as Speaker of the Florida House, that he would take it upon himself to ensure that Florida's Electors went to George W. Bush no matter what the United States Supreme Court would ultimately decide during the 2000 imbroglio.

Feeney is a bully of the highest reknown. With a fresh election "victory" under his belt (albeit one which his challenger, the whistleblower-turned-candidate Curtis, has questioned) watch for him to crank up his bully-boy-ness as things move forward in this and other related affairs in the new Congress. Watch for The BRAD BLOG to keep calling him on it.

It's a lovely change of pace when some of the other "big boy bloggers" beat me to the punch on Election Integrity-related stories. Perhaps I can start sleeping in for a while. I could use it.
That said, TPMMuckraker gives us a fine update on the FL-13 sitch, and Sean Hannity's virtuoso performance in what is likely his most disingenuous performance to date last night on Hannity & Colmes, where Republican Vern Buchanan spouted off with neither a Democratic nor a non-partisan Election Integrity advocate to counter his nonsense.

In addition to TPMM's points, it should also be pointed out that Hannity stated incorrectly --- twice --- that Sarasota is the strongest Republican stronghold in the contest. That, despite, his later admission that the Democratic Christine Jennings won the area by 7%.

As well, Hannity (again unchecked) is allowed to rant about how Republicans don't challenge elections when they lose, they accept defeat gracefully. Guess Sean doesn't read The BRAD BLOG and thus doesn't know about the Conservative TX Supreme Court Justice Steven Smith, or the mess in Maricopa County, AZ, still percolating from back in 2004, or the fact that Rick Santorum and the PA Republican party demanded that touch-screen systems where votes reportedly flipped be impounded in 27 counties on Election Day, just to name a few instances.

But we'd expect nothing less from water boy Hannity.

Most of note in the video, perhaps, is Buchanan's un-checked (and by now, expected) outrageous claim that Jennings is "destroying democracy" by calling for a revote. A funny turn of phrase from a guy who is doing everything he can to ensure that the rather clear voices of the voters are ignored in favor of a 369 vote "victory" gained only due to faulty, paperless touch-screen voting machines.

Even Buchanan is unable, in the clip, to explain why 18,000 votes in Jennings's strongest county simply disappeared. Of course, he'd have to admit he lost if forced to come up with an answer to that mystery. So he avoids the question twice by explaining only that "there's a lot of speculation out there you can read."

Got nothing, Vern? But don't give a damn anyway? We thought so. Now that's what we call "destroying democracy"!

In other FL-13 coverage around the 'sphere, both the Sarasota Herald-Tribune and a group of political scientists [PDF] are averring that it was bad ballot design which caused the problem (The BRAD BLOG earlier posted a photo of the way in which the race was displayed on the touch-screen systems, such that it would have been very easy for voters not to see the race at all on Sarasota's ES&S touch-screen machines.)

The "bad ballot design" explanation, however --- that voters didn't notice the race --- fails to account for all of the affidavits from voters claiming they tried and tried to vote in the race, but couldn't get their vote to register properly for Jennings, as one of the attorneys representing the voter lawsuit calling for a revote recently told us.

Finally, DailyKos (of all places) has some decent front page coverage of the rather conservative (we've found) Election Law professor Rick Hasen's explanation [PDF] of the Constitutional card that can be played by the U.S. House to settle the matter. At this point, it's looking more and more like that will be the way this thing is ultimately settled...

People for the American Way (PFAW) just released the following update on the latest goings on in the FL-13 battle where their lawsuit (filed along with several Election Integrity organizations) has now been joined by the court with Democratic candidate Christine Jennings's own suit. Both are calling for a revote.

The press release (posted in full below) says that the state-run audit testing of a few of the machines in use on Election Day is an "excercise in futility" due to the small sampling size of the tests and the fact that the commission chosen to carry it out has reasons to ensure that nothing is actually found to be "wrong" with the paperless ES&S voting machines on which some 18,000 votes disappeared in the U.S. House race down there.

By the way, I recently spoke with Lowell Finley, the lead attorney from VoterAction.org, one of the groups filing the lawsuit on behalf of voters down there. He confirmed that the machines being used for today's testing --- two chosen by Buchanan, two by Jennings (from precincts with the highest undervote rate) --- will essentially be compromised by today's state-run audit testing. Though Finley and the others tried to make that point to the judge assigned to the matter, that testing these machines in this way would corrupt the original data, the court decided to allow the state to use them in this way nonetheless.

PFAW's news release, issued moments ago, also gives details and a link for more info concerning this Sunday's planned "Revote Rally" in Sarasota, as well as a link to video testimony from more than 50 voters who had trouble voting in the Jennings/Buchanan race on November 7th.

The PFAW press release follows in full below...

Yesterday Sarasota County, FL, began their state-run test audits of the paperless ES&S touch-screen systems used in Florida's 13th District House race where 18,000 votes disappeared, resulting in a 369 vote margin between Christine Jennings (D) and Vern Buchanan (R) to fill the seat vacated by former Secretary of State of Katherine Harris.

The first day of testing revealed miscounting errors on all four of the machines used during the test, according to the Sarasota Herald-Tribune and at least two citizen observers who blogged their account of the day's testing.

State officials who convened the panel blamed the miscounting on...wait for it...human error!

Of course they did. The panel itself has already been plagued with controversy after Election Integrity organizations criticized the selection of several members assigned to the commission, including the very partisan Alec Yasinsac, who appeared on the steps of Florida Supreme Court in 2000 wearing a "Bush Won" button, and David Drury, the state official who certified these particular systems in the first place for the state of Florida, declaring them safe and accurate for use in an election.

The first day of testing employed machines that were not actually used in the November 7th election (Friday's testing will include machines actually used that day) and were not performed under normal voting conditions (e.g., the machines were hung from the wall, instead of placed on stands to approximate the height they would be for most voters --- important, since these machines tend to register votes differently for tall voters than they do for other voters.)

Nonetheless, errors in the counting were registered by all of the machines used in testing. The results differed from the votes in "scripted" ballots that state testers had punched into them. Ironically, the errors ended up giving Jennings a higher vote total than she should have had according to the prepared voting scripts.

The Herald-Trib --- who, by the way, has reinstated its FL-13 Special Coverage page since we pointed out its removal a few days ago --- is reporting today that, "All four voting machines that officials used to simulate the Nov. 7 election had miscounts, and three of them had miscounts in the District 13 race."

A diarist over at DailyKos who has been on-site, covering the day-by-day details of the goings-on --- and who has a user name we well approve of --- "BeTheMedia" describes yesterday's results this way:

And, of course, it is interesting to see how the State explained the shift, though their explanation is no longer much of a suprise...