Yesterday on KPFK/Pacifica Radio's BradCast I was joined by Tom Courbat, longtime Election Integrity advocate and 25-year former CA county fiscal manager, and Dr. John Maa, who initiated and paid for the first "recount" of a statewide initiative in California (Prop 29).

Courbat helped lead the coalition who recently attempted a "recount" of Prop 37, which would have required Genetically Engineered Foods to be labeled as such. Maa unofficially advised the group, until the entire process was blocked by the outrageous, and seemingly illegal, pricing set for hand-counting paper ballots in Fresno County by their Registrar of Voters Brandi Orth, as we detailed in our exclusive Special Report on Monday.

One election official, Orth, effectively stopped the attempted confirmation of the computer-tabulated results of the election dead in its tracks, and once again put the lie to the notion that secretly-tallied paper ballots are just fine because "we can always count them after an election if there are any questions about the results."

Unfortunately, both Orth and CA Secretary of State Debra Bowen declined to join us on the show today to discuss the disturbing facts we uncovered in our special report, which UC Irvine election law professor and nationally-recognized elections expert Rick Hasen linked to Tuesday night, along with his assessment that the seemingly "arbitrary" pricing of attempts to oversee our own elections "calls for a legislative response."

Plus, in the second part of the show, a few quick news items and, as usual, a visit from Desi Doyen with the latest Green News Report.

Download MP3 or listen online below [appx 58 mins]...

THIS) UC Irvine election law professor and nationally recognized expert Rick Hasen links today to our exclusive special report from Monday which called out the Fresno County, CA Registrar of Voters for illegally overcharging for the citizen-attempted oversight "recount" of last November's Prop 37 initiative (which would have required Genetically Modified Foods to be labeled as such.) As we reported in that investigative report, her actions effectively stopped the attempted "recount" dead in its tracks, highlighted the possibilities for abuse by a single election official and the county-by-county disparities in "recount" pricing.

Our report also puts the lie to the notion that paper ballots, secretly-tabulated by computers, are just fine because if there are any concerns about the results of elections, we can always just count them by hand later. As our report detailed: no, we can't.

When linking to our report today, Hasen added: "This calls for a legislative response." Of course, we concur and thank the professor for noticing.

THAT) We'll be discussing that report today on my KPFK/Pacifica Radio BradCast at 3pm PT, when I'll be joined by Tom Courbat, who helped lead the attempted Prop 37 "recount", and Dr. John Maa who helped advise the effort after he, himself, requested and paid for the first statewide initiative "recount" ever after last June's failed Prop 29 initiative (which would have added a $1-per-pack cigarette tax to fund cancer research). Unfortunately, Fresno's Registrar Brandi Orth declined my invitation to join us on the show today to explain her position, while CA Sec. of State Debra Bowen's office has so far failed to respond at all to several invitations to do so. I'll hope that changes between now and showtime. You can listen LIVE from 3p to 4p PT right here.

THE OTHER THING) I'd been so busy over the past week or three working on that report that I haven't really had much opportunity to enjoy the fact that The BRAD BLOG is now, officially, in our tenth year of trouble-making and muckraking. I was, however, able to take some time to discuss it, and reminisce a bit, with our friend Angie Coiro of In Deep Radio up in San Francisco. You can listen to that interview right here. Long-time BRAD BLOGGERS may particularly enjoy it.

Relatedly, though I made a fairly impassioned pitch for support of The BRAD BLOG in my 9th Anniversary posting, and offered a very cool premium for those who may wish to purchase it, I've had astoundingly few folks willing to contribute or purchase the premium. Given the thousands who read this site every day, it's disappointing to be able to count those who have answered my plea on two hands.

If you've gotten anything of value from this site over the years, please consider supporting us with a donation, so we can try to make it through year number 10. We are truly reader supporter (that means you), and do not rely on foundational or corporate support. You are the only thing that gives us a chance to keep going. Please consider donating a little something, if you can.

What happened last November in California's Prop 37? Is it really possible that progressive California doesn't want Genetically Engineered Foods to be labeled as such? According to the reported results of that election, that would seem to be the case. But did Californians really vote against such labeling?

Unfortunately, thanks to a lack of overseeable public hand-counts on Election Night, and a gaping weakness in the state's otherwise liberal "recount" law, we're unlikely to ever know for certain.

A weeks-long investigation by The BRAD BLOG into the months-long attempted effort to confirm the results of the Prop 37 ballot initiative last November, serves to highlight not just the weakness in California "recount" law, but also the notion that paper ballots, secretly tallied by optical-scan computers, are just fine, since, as the knee-jerk saying goes, "we can always count the paper ballots by hand afterwards if there are any questions about the results."

The fact is: no we can't. As our investigation reveals, election officials have the ability to stop an attempted "recount" dead in its tracks, by simply charging contestants anything they like for the effort. They are able to price such oversight beyond the means of most citizens, and are even doing so in apparent violation of state election code and regulations, as we found in Fresno County, CA last month during an attempted citizen oversight campaign of Prop 37 results.

But that election was not the only one where an attempt to examine paper ballots to assure accuracy of the secret computer tallies has been stymied by officials in the Golden State. The matter is rife for abuse and continues to frustrate Election Integrity advocates, even as both the CA legislature and the CA Secretary of State have done little to correct the situation...

Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

The OC Weekly's Matt Coker picked up on my Monday report describing my experience over the weekend at the Orange County Registrar's booth at the Orange County Fair wherein my attempt to try out their 100% unverifiable Hart Intercivic electronic voting system, um, didn't work out too well.

Coker's amusing take on the apparent system failure that occurred while I was testing it out with assistance from employees of the OC Registrar's office is described as "akin to making an illegal U-turn in front of a motorcycle cop. ... or letting it slip to 'Woodstein' that Tricky Dick audio taped everything in the Oval Office."

His coverage is much briefer than mine. So if you've yet to read my account of what happened and want a more-to-the-point version, please see Coker's piece.

For the record, for those who've asked, no, I've yet to hear back from either OC Registrar of Voters Neal Kelley or from anyone at CA Sec. of State Debra Bowen's office about what happened on Sunday. I've contacted all them via email, with a link to my original article, seeking comment. If I hear back from any of them substantively, of course, I'll let you know.

[See UPDATES at bottom for Bowen statement, final reported results...]

Yesterday, California's Republican-supported Prop 14 --- which voters approved last June, changing the state's separate party primary system to a single primary for all candidates, with the top two vote-getters going on to a run-off election if none receives more than 50% of the vote --- had its first official try-out in the Special Election to replace the resigning Blue Dog Democrat and unrepentant war supporter Rep. Jane Harman in the state's 36th Congressional District.

While similarly "Blue Dog" Democratic candidate and L.A. City Councilwoman Janice Hahn was in the lead last night as results were reported throughout the evening, it was the battle for second place, and therefore the right to participate in the run-off, that presented a real late-night nail-biter twist as unofficial precinct results were completed in the wee hours.

With Democratic CA Sec. of State Debra Bowen running second and seemingly headed for the run-off with Hahn for most of the night, according to L.A. County's running totals, the final unverified results inched self-financed Republican Craig Huey into the second place spot by just 206 votes at evening's end, after all 261 precincts in the very Democratic-leaning CA-36 were tallied.

With nearly 10,000 mail-in, provisional and other votes still to be tallied on the county's optical-scan system, however --- a system which was decertified and then conditionally re-certified, in part, by Bowen herself in 2008 --- the result of the cliff-hanger is likely to ensure "busy days ahead" at the L.A. County Registrar Recorder/County Clerk's office as Dean Logan, L.A. County's Registrar Recorder/County Clerk, noted last night on his personal Twitter account...

-- Brad Friedman, The BRAD BLOG

Two years ago, in June of '08, the ES&S "InkaVote Plus" e-vote system in Los Angeles County misprinted 4 out of 12 of my own votes.

Today, as I tried to vote on the same system, the failure was even worse. Incredibly. And not just because I cover issues of Election Integrity for a "living."

I spent more than two and a half hours not casting a vote on the system before eventually I, the poll workers, and, apparently, the folks at the L.A. County Registrar's central help desk call center, simply gave up. A complete and total failure of the e-voting system for disabled voters in the nation's largest voting jurisdiction. Again. On a system the county spent millions to buy in order to comply with the federal Help America Vote Act (HAVA) boondoggle by allowing disabled voters to cast their votes independently. Complete and total failure.

I did my best to document the disaster as it happened, in real time, on my Twitter feed. But the cell signal was very bad at the polling place, so not everything got out. But here's what happened in detail, and with a few graphics tossed in...

Guest blogged by DES

In case it seemed as if California Republican primary politics weren't quite weird enough, "Queen of the Birthers" Orly Taitz has lurched into the breach. From The Orange County Register:

RAW STORY reports that if elected, Taitz plans to "use her office to pursue an investigation of Obama's citizenship." Insert your own punchline here.

If the Israeli-born Taitz receives the nomination in the state's June primary, she would face presumptive Democratic opponent Sec. of State Debra Bowen in November. Bowen is running for her second term as California's chief election official.

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

According to a press release from CA Sec. of State Debra Bowen [PDF] today, CA Governor Arnold Schwarzenegger has signed one bill for improvement to state election law, while using his veto pen to terminate three other "common-sense elections bills ... aimed at enhancing government transparency."

The one he approved will allow emergency workers in the field, such as fire fighters battling a wild fire, to vote from wherever they may be at the time. That's good. But Bowen "laments" --- as does The BRAD BLOG --- the other ones which she supported, and which he, incredibly enough, vetoed. He said hasta la vista to three bills which would have been very helpful in adding much-needed "common-sense" checks and balances to the nearly unabated rise of the machines in our electoral system...

Guest Blogged by Emily Levy of VelvetRevolution.us

Notorious electronic voting company Diebold, which has been hiding its election division under the name Premier Election Solutions, has bilked California taxpayers out of more than $100 million dollars for its failed, faulty, illegally certified electronic voting systems.

Velvet Revolution has now launched a new campaign: Diebold: Return Our Money! at DieboldReturnOurMoney.com and we hope you'll sign on in support.

California officials recently discovered that ALL of Diebold/Premier's voting systems violate federal, and thus state, certifications guidelines! These systems do some or all of the following in violation of those certification standards and laws:

• delete ballots without notice
• allow the "permanent" audit log records to be deleted
• fail to properly record deletion of ballots
• insert incorrect time stamps on audit log items.

Yet Diebold has falsely claimed, for years, they their systems meet all federal voting system standards. Accordingly, VR demands that:

1) DIEBOLD: RETURN OUR MONEY!: Diebold/Premier has accepted well over $100 million in county, state and federal taxpayer funds in California for services which the company knew it could not perform. With California's devastating budget shortfall of $ 45.5 billion dollars, we demand the return of these funds from Diebold. The purchase price for hardware, software licenses, and maintenance fees should be returned to the State within 90 days. If Diebold's announced sale to Election Systems and Software, Inc. (ES&S) becomes final, California must be fully reimbursed nonetheless, whether from Diebold or ES&S.

2) SOS DEBRA BOWEN: DECERTIFY DIEBOLD!: Diebold/Premier products, currently used in 20 California counties (and some 34 states across the country, by the way), violate federal voting system standards and must be immediately and permanently decertified for use in the state by Secretary of State Debra Bowen.

3) AG JERRY BROWN: PROSECUTE DIEBOLD!: California's Attorney General Jerry Brown must immediately launch a comprehensive criminal investigation into Diebold/Premier's knowing use and sale of faulty election systems that have undermined our elections. Further, unless Diebold/Premier, within 90 days, refunds to California all monies paid for its fraudulent software and equipment, we call on the State of California to file suit against Diebold/Premier seeking the return of funds for breach of contract and fraud.

Visit the campaign page at DieboldReturnOurMoney.com to send a quick email to Diebold (c/o the aptly-named company rep Chris Riggall), SoS Bowen and AG Brown. Over 400 emails have already been sent in the first 48 hours of this campaign...

I'm certain that John would have been simply flabbergasted at the outpouring of emotional response and moving tributes upon his passing --- in particular from various public officials, many of whom he'd been at odds with at various times over the years.

The latest comes this morning in the form of condolences, and a very moving statement on his loss, from OH Secretary of State Jennifer Brunner via her Director of Communications, Patrick Gallaway...

It's been of some comfort seeing statements from public officials who John Gideon worked with --- sometimes in collaboration with, sometimes in opposition to --- issuing statements on his tragic passing.

Among the first I received was the following statement and note of condolence this morning from Nicole Winger, spokesperson for CA Secretary of State Debra Bowen...

More bad news for a voting machine vendor. This time the California Secretary of State's office has announced that they have settled their lawsuit against ES&S. It was back in 2007 that the state discovered that ES&S had ignored state laws and sold uncertified voting machines to some counties as if they were certified. CA filed a $15 million lawsuit against the company, and now ES&S has agreed to provide $3.2 M to the state's coffers by way of settling the suit.

Will it make any difference in the long run? Probably not. ES&S will continue their past bad business practices and many of their customers will continue thinking they only have the choice provided by ES&S....

Guest Blogged by Mitch Trachtenberg, with Brad Friedman

Even the audit log system on current versions of Premier Election Solutions' (formerly Diebold's) electronic voting and tabulating systems --- used in some 34 states across the nation --- fail to record the wholesale deletion of ballots. Even when ballots are deleted on the same day as an election. That's the shocking admission heard today from Justin Bales, Premier's Western Region manager, at a State of California public hearing on the possible decertification of Diebold/Premier's tabulator system, GEMS v. 1.18.19.

An election system's audit logs are meant to record all activity during the system's actual counting of ballots, so that later examiners may determine, with certainty, whether any fraudulent or mistaken activity had occurred during the count. Diebold's software fails to do that, as has recently been discovered by Election Integrity advocates in Humboldt County, CA, and then confirmed by the CA Secretary of State. The flaws, built into the system for more than a decade, are in serious violation of federal voting system certification standards.

The problems may lead to decertification of the company's voting systems, as well as an examination of voting systems made by other companies to determine if they too may have been able to sneak such violations past both federal and state testers...