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.) ...

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.