Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

As we near the one year mark since some 18,000 votes inexplicably disappeared in Sarasota County, Florida, on the Direct Recording Electronic (DRE) touch-screen voting machines used in the U.S. House Election for the state's 13th Congressional District, more study is still needed to determine whether or not the voting machines were at fault, according to the report released today by the Government Accountability Office (GAO).

Even with the additional testing, the GAO admits, it will be impossible to determine for certain whether the touch-screen machines caused the extraordinarily high undervote race in the election.

The GAO's report [PDF] was presented to a Congressional task force investigating the challenge brought by Democratic candidate Christine Jennings, under the Federal Contested Elections Act, after the certified tally between her and her Republican opponent, Vern Buchanan, was reported by the state to be a slim 369 vote margin.

No reasonable explanation for the massive undervote --- found only in that particular contest, only in the Sarasota portion of the race, and only on the touch-screen ballots there (as opposed to the paper-based absentee ballots) --- has yet been proven by anyone.

The GAO has asked the task force to allow them to conduct further testing of the ES&S iVotronic touch-screen machines, in three specific areas, though they admit while "the proposed tests could help provide increased assurance, they would not provide absolute assurance that the iVotronic DREs did not cause the large undervote in Sarasota County."

Determining for certain whether the machines caused the problem would be "impossible," according to the GAO analysis, because they are "unable to recreate the conditions of the election in which the undervote occurred." Ah, the trouble with touch-screens.

As well, the report determined that "some of the prior tests and reviews conducted by the State of Florida and Sarasota County provide assurance that certain components of the voting systems in Sarasota County functioned correctly, but they are not enough to provide reasonable assurance that the iVotronic DREs did not contribute to the undervote."

While the Congressional task force has given permission for the GAO to proceed with their additional testing of the DREs, Jennings has already announced her intentions to run again in 2008 and Buchanan has voted for almost a full year with the Republican House caucus. And Democrats in the House prepare to vote on legislation which would allow the same faulty technology to be used in further elections.

QUESTIONS ABOUT ES&S CONTINUE

Among the unanswered questions in any of the FL-13 reports so far, is whether or not the source code reviewed in previous studies was the same as the code actually in use in the machines on Election Day. Recent news out of California demonstrates that ES&S has a prior history of playing fast and loose with different versions of hardware and software used on their machines in elections.

As well, reading past the summary section of the GAO report reveals another troubling disclosure by the nation's largest voting machine vendor...

Guest Blogged by Alan Breslauer

More information about the following report is available here. Since its airing, election legal watchdog Voter Action has called for a full Congressional investigation into the possibility of commercial fraud by the voting machine companies as based upon some of the startling information revealed in this exposé...

NOTE: As the original Google version of this report has been taken down for some reason, we are making it available here, in three easy to watch segments. Additionally, a complete transcript is now posted here, courtesy of Jerry Berkman.

FURTHER NOTE: The video files below are no longer currently playable (or, depending on your browser, even visible.) The video of the entire program, however, is now available via Dan Rather's website.

Part 1 (30:09): Concentrates on voting machine vendor ES&S and their previously undisclosed touch-screen sweatshop factories in Manila...

Part 2 (8:07): Dan Rather interviews electronic voting apologist, machine tester, Michael Shamos...

Part 3 (26:25): The "HOLY COW!" revelations about Florida 2000 and the seven whistleblowers from Sequoia who reveal, for the first time, that "somebody" at Sequoia purposely used lower grade paper and misaligned the chads (for Palm Beach County, FL specifically) on the paper ballots used in that Presidential Election (see additional comments from John Gideon and Brad Friedman on this section below)...

UPDATE By John Gideon: The revelations in Rather's report from the Sequoia punch-card printers, that inferior paper was used in the 2000 election in Palm Beach, are stunning. It was all about corporate greed. Sequoia Voting Systems has a big anvil hanging over their heads and it is hanging by a thread. No wonder Smartmatic only paid $16M for Sequoia which had assets over $40M. The previous owners of Sequoia, De La Rue, wanted out and now Smartmatic wants out but who is going to buy Sequoia now with all of their liabilities?

ADDITIONAL UPDATE FROM BRAD: Holy cow! If you haven't seen this thing, you must. The second half of the program, after the stunning revelations of the ES&S sweatshop in Manila, followed by a mostly useless interview with voting machine apologist Michael Shamos, breaks some enormous news concerning Sequoia's apparent effort to create havoc with Florida's punch-cards in 2000. With seven company whistleblowers, all interviewed on camera, and by name, objecting to the company's use of faulty paper and then misalignment of chads, specifically for Democratic Palm Beach County only, this thing could lead to huge fallout.

The remarkable report --- for which Rather should receive some kind of award --- reopens 2000, as nobody at Sequoia is willing to cop to signing off on the bad paper and misaligned chads business after all seven employees interview had refused to do so. Who gamed that election? At whose orders? And doesn't that open up new questions concerning Clint Curtis' allegations that he was asked by Tom Feeney, prior to the 2000 election, to create software to rig a touch-screen voting system. Up until now, one of the criticism of Curtis' claims has been that "nobody was even thinking about touch-screens prior to the 2000 election. This report, and the fact that Sequoia was using touch-screens as early as 1998 in Riverside County, CA, may blow that wide open.

UPDATE 8/28/07: More details on the above update, and this report seals up yet another allegation of the formerly Republican whistleblower Clint Curtis, now here...

Blogged by Brad from Texas...

Meanwhile...Back in Florida's 13th Congressional District, where Christine Jennings has already announced plans to run again in 2008 for the seat she almost certainly already won in 2006, but hasn't been allowed to sit in it due to ES&S's touch-screen voting machines standing in the way of democracy...

That, from Sarasota Herald-Tribune, despite Sarasota County's still-unresigned Supervisor of Elections and democracy-hater-in-chief, Kathy Dent hiding shamelessly behind the skirts of the flawed and misrepresented state-convened "audit" of the voting systems used in her disastrously run election. The federal investigators from the GAO seems to be countering the state's and Dent's assertions that their own review proved that 'there was nothing wrong with the voting systems.'

Our sources say that the GAO reports that "gaps" were found during their investigation. Though --- as with nearly everything involving E-voting --- the investigation into what happened last November is shrouded in secrecy for now. So it remains unclear to the lowly voters as to what those "gaps" are that the GAO has discovered and which may have aborted their preferred choice of representation in the U.S. House...

Sarasota's Herald-Tribune highlights why it's imperative to get election results right on Election Night...

The Congressional challenge is due to problems with touch-screen DRE voting systems in the district which resulted in 18,000 lost votes, in a race certified as having been "won" by the Republican Vern Buchanan over the Democrat Christine Jennings by a 369 vote margin. Even the machine vendor (ES&S)'s own expert in court admitted that Jennings would have most likely won were it not for problems with their touch-screen DRE voting machines during the race.

A recent study of DRE voting systems found that two-thirds of voters didn't bother to check their review screens at the end of the voting process on such systems, and that even if they check them, they do not notice votes that have been flipped by the system. The study concludes that paper trail records, printed out after the review screen on DREs, would similarly not be noticed or checked for accuracy. Those findings confirm earlier results from an MIT/Caltech study which looked at similar issues.

The embarrassments caused by the District 13 race in Florida helped lead the Republican-controlled House and Senate in Florida to finally legislate a ban on DRE touch-screen voting machines altogether.

Supporters of Rush Holt's HR811 Election Reform bill in the U.S. House, however, have said that it's impossible to get a similar ban in the Democratically-controlled House and Senate, so they've refused to add such a ban to their sweeping bill. Those who have made the claim that a DRE ban could never win passage in the Democratically-controlled House and Senate have yet to offer any evidence for that claim, or even offer a single name of a supporter of the bill who would vote against it if it included such a ban.

The bill currently has 216 co-sponsors, although ComputerWorld today confirmed our report from earlier this week that Presidential Candidate Dennis Kucinich (D-OH) plans to withdraw his co-sponsorship of the bill.

The FL-13 election, meanwhile, was held back in November of 2006. The earliest timetable detailed in the Herald-Trib article, quoted above, would result in a decision on the matter by October of 2007. The Republican Vern Buchanan, who most likely lost the race by nearly everyone's (but his and Sean Hannity's) estimation, continues to vote with the GOP caucus in the House while the Democratic candidate, whom Sarasota voters had tried to send to the U.S. House, bides her time in Florida.

Guest blogged by John Russell, 2006 Democratic Candidate for the U.S. House of Representatives in Florida's 5th Congressional District

Just prior to the 1pm start of a recent U.S. House Administration Committee meeting, about which I had received third-hand notification that several contested Congressional elections from 2006 (including my own) were to be brought up and recommended for dismissal, I made several calls to House offices in the vain hope that I might be able to have our Constitutional rights protected and upheld.

Pragmatist that I am, I offered House Administration Committee Counsel, Tom Hicks, my thoughts, hoping that he would bring my concerns to the Committee’s attention. Understanding fully the genesis and context of this meeting --- held without notice to the contestants --- Mr. Hicks was apparently poised to enter one of those smoke-filled rooms we used to hear about.

Apparently, at that point, there was no citing of Constitutional rights convincing enough for this group of rascals to interfere with their plans to “slide our contests under the rug” and hopefully out the doors of Congress. I concluded my voice mail plea not to ignore our Constitutional right to due process by asking Mr. Hicks, “This is still America… is it not?”

The blatant disregard of the Federal Contested Elections Act and the U.S. Constitution by members of Congress exhibited in this meeting is beyond the pale. The Committee members’ audacity is only exceeded by the dearth of factual information regarding policy and political issues provided to the general public by the now defunct Fourth Estate, which has been replaced by the corporate media. As a candidate for federal office, I have now become completely acclimated to the ways and means of the liberally right-wing media in how candidates are at once dismembered, or accordingly contrived, by “The Establishment's” voice...

A number of mainstream news outlets (for a pleasant change) followed up on our report yesterday (full version here, quick summary here) on the SQL Slammer Worm virus which hit Sarasota County's database network on the first day of Early Voting last year, wreaking havoc which disallowed voting for two hours in the now-contest FL-13 U.S. House election between Christine Jennings (D) and Vern Buchanan (R). No telling what got into the MSM'ers, but perhaps it's because we ran the story at Computerworld first instead of here at the "dreaded" and "unreliable" blog.

Either way, of the several outlets we found who picked up the story (with more on the way, we're told, and local TV news coverage which we haven't been able to find online), the Brandenton Herald's coverage led the pack in advancing the story which they said "caused a stir Wednesday".

Their report includes a quote from Jennings --- who was named the loser in the race by just 369 votes, despite 18,000 reported undervotes on the county's ES&S iVotronic touch-screen voting machines --- saying "I read the story on the Internet and I was surprised...I need to know more about it. It does bring up some security issues that I think need to be looked at."

Her campaign spokesperson, David Kochman adds, "It makes you wonder what else is there that they haven't done to take care of the machines and protect them."

But Kochman does help answer one very important question we asked in our piece yesterday, about whether or not the county had notified the plaintiff's attorneys about this incident via the discovery process...

Some guy named Brad Friedman has a breaking exclusive over at ComputerWorld on the contested FL-13 election between Christine Jennings (D) and Vern Buchanan (R).

As Friedman's brilliant reportage reveals, previously unreleased documents show that Sarasota County's database network was hit by a viral worm attack on the first day of Early Voting last year. The attack, by a variant of the SQL Slammer Worm, wrought havoc on the system, bringing it to its knees for about two hours on that first afternoon of voting, leaving voters at precincts unable to cast their votes.

Details about further damage which may have occurred during, or in the wake of, the successful hack remain unclear. Whether or not the ES&S iVotronic touch-screen voting machines --- which failed to record the selections of some 18,000 voters in the election decided by just 369 votes --- or the central tabulator used in that FL-13 race were directly affected is unknown for certain. The security specialist who filed the incident report, interviewed by Friedman, acknowledges that "it's a possibility," though he believes the damage was contained and didn't spread to the Elections Supervisor's network infrastructure.

Also unclear is whether or not the viral attack and the report which documented it were disclosed in the discovery process to the plaintiff's attorneys who are challenging the election in state court and in the U.S. House. It doesn't seem so.

See more in Friedman's compelling exclusive over there, which includes a PDF of the previously undisclosed incident report describing what happened as the worm slammed an unprotected county server (which had been five years behind in security patch updates), spread throughout the system, breached the firewall, rewrote administrative passwords, and brought voting to a halt in Sarasota on October 23, 2006, the first day of Early Voting. An interestingly timed attack to say the least.

As CW only links to a PDF version of the two-page incident report, we'll be kind enough to include a graphic version of both pages below.

The previously undisclosed two-page incident report, as filed by the Sarasota County network security team, housed in the county's Suncoast Technology Center, follows in full...

Rush Holt's Election Reform Bill (HR811) was successfully voted out of the U.S. House Administration Committee today after a four hour mark-up session. We'll have analysis of the bill in the coming days as we are able to review a copy of the final version which is now headed to the House floor. We have been told that electronic balloting on Direct Recording Electronic (DRE) touch-screen systems will continue to be allowed in the bill.

Apparently, a paper ballot --- one that is actually counted --- for every vote cast in America is of little interest to either the Democratic and Republican members of the committee.

See our Holt Bill Special Coverage Page at https://BradBlog.com/Holt for much more information and action points concerning the bill.

First out of the box to trumpet today's "triumph", naturally, was the bill's top supporter, the public advocacy group, People for the American Way (PFAW). They had a press release good to go before the ink even dried on the dangerous new version of the bill (which, we should add, does include both some improvements to the initial version, along with several watered down provisions as we've been told...but we'll wait until we actually read it before commenting further on any of that.)

For now, however, we have little choice but to characterize the tactics used by PFAW in their press release as despicable, while they continue to knowingly mislead the American people about what the Holt bill will and won't do. (Their press release is posted in full at the end of this article.) This group knows better, and yet, they are doing it anyway.

We can do little else at this point other than to recommend any donors to their organization cease supporting them immediately, and otherwise let them know exactly why. Their dangerous, disingenuous support for this dangerous and disingenuous bill is counter to the best interests of Election Reform and Integrity in America. Worse still, PFAW --- who has openly lobbied in favor of the use of dangerous, disenfranchising, hackable touch-screen DRE systems, claiming they are preferable to paper-based optical-scan systems --- is willing to lie about facts in order to see the bill move forward...

UPDATE 5/8/07 5:45pm PT: The U.S. House Administration Committee voted unanimously to dismiss all of the U.S. House election contests other than the FL-13 Jennings/Buchanan race. More details now here...

The campaign of Clint Curtis (D), the vote-rigging/Tom Feeney whistleblower who challenged Feeney (R-Abramoff) for the U.S. House seat in Florida's 24h Congressional district last November, has told The BRAD BLOG that the U.S. House Administrative Committee is set to dismiss Curtis' Congressional contest of the race --- filed under the Federal Contested Elections Act --- when the committee meets on Tuesday morning.

Though they've yet to examine the "hard evidence" the Curtis campaign says they've collected in the matter, the reason for the dismissal, as given to campaign manager, Marty Ward by a Capitol Hill staffer, was "insufficient evidence". Ward says that two different offices have informed the campaign of the committee's plan to dismiss the case tomorrow.

Ward told us tonight, however, that Congress hasn't even seen, much less investigated, the "hard evidence" in the form of sworn affidavits from voters that the campaign's volunteers have collected over the past several months via door-to-door canvassing in the district. The results of that canvass, the campaign says, reveal that Curtis' votes, as tallied on Florida's paperless touch-screen voting systems, were under-reported by anywhere from 12% to 24% per precinct so far canvassed.

Curtis was declared the loser by some 16 points after the election, despite an "Election Eve" Zogby Poll which declared he and Feeney to be in a "statistical dead heat". An 8 point or better misreporting of the true results in the race, they maintain, would have swung the election in Feeney's favor as they believe likely happened.

Ward sent us these thoughts in response to the Democrats plans earlier this evening...

Will the Democrats in the U.S. Congress finally begin to realize their mistake in allowing for DRE touch-screen voting machines now that the Republican Governor of Florida has led the Republican-majority Florida legislature (along with every Democrat in it as well) to do the right thing and move to all paper ballots? Or will U.S. Congressional Dems continue to allow themselves to lose yet another issue that they should be owning?

We'll leave it to the Election Integrity advocates on the ground --- the coalition of GoAllTheWayFlorida.com --- who have worked so long and hard, to give you the great news...

The rest of the News Release is posted here [PDF]...

In still more very good FL news, a U.S. House panel has asked the non-partisan GAO to investigate the contested FL-13 election between Christine Jennings and Vern Buchanan where 18,000 votes disappeared on the DRE touch-screen voting systems in Sarasota.

John Gideon has links to media coverage of both of those events in his Daily Voting News today.

Congratulations, Florida voters! And especially to the tireless patriots down there who have been fighting so hard, for so long! There are still many fights ahead down there before true Election Integrity returns to Florida, but there is no denying that this is an enormous victory. Let's hope it rubs off on the other 49 states...and the U.S. Congress!

[UPDATED WITH VIDEO]

And speaking of Tom Feeney and Clint Curtis, the man who made a number of alarming accusations about him; including (but not limited to) a vote-rigging conspiracy in 2000, protection of an undocumented alien who pled guilty to espionage charges related to sending restricted missile chips to Communist China, and much more...

Curtis released a statement last week in regard to the contest he's filed in the U.S. House last December under the Federal Contested Elections Act following his House race against Feeney in Florida's 24th district last November. (The statement is posted at end of this article.)

In an exclusive BRAD BLOG interview from early March, Curtis spoke about "hard evidence" gathered by his campaign showing that his votes were under-recorded --- and/or Feeney's over-recorded --- on the paperless touch-screen voting systems used in the race. Their evidence has been gathered via a precinct-by-precinct, door-to-door canvass being carried out by the campaign volunteers.

"We have now found absolutely…more votes for Democrats than the official results show," Curtis told us earlier this year. "Absolutely more votes. No trends, no guesses. More votes. That should never happen."

The campaign's news release claims that "In every precinct studied, the data shows that Curtis received 12-24% more votes than stated in the official result."

The House recently announced the formation of a panel to investigate the contested election between Christine Jennings and Vern Buchanan in Florida's 13th district, but has failed to take similar action on the other three contested Sunshine State elections which "remain in limbo," according to Curtis's campaign. Another House race from Louisiana has also been contested in Congress. All of the contests were filed last year under the federal act meant to carry out Congress's Constitutionally specified mandate as the final arbiter of the seating of its members.

"Only an official independent investigation, backed by the authority of the U.S. House, can dispel lingering questions regarding the accuracy of the 2006 election results," in Florida's 24th district and the other contested races, the campaign says. They are calling for the immediate formation of a panel in Congress to "determine the accuracy of the electronic voting systems in question, and ensure legitimate representation for the voters in those districts."

Drawing a contrast with the FL-13 contest, which Curtis's campaign aptly notes is based on largely circumstantial evidence --- though a mountain of it --- at this time, his group of volunteers in South Florida claim to have "gathered hard evidence" in the form of sworn affidavits from voters, which show "exactly where the election results are inaccurate."

"The evidence that the election integrity group has gathered can be independently reproduced and can determine whether or not the voting machines recorded accurately," the campaign contends.

UPDATE 4/26/07: Here's a video, courtesy of Ginny Ross of the Election Defense Alliance, featuring an interview with Curtis detailing his campaign's efforts "Walking for Democracy" efforts to canvass the district:

The complete press release from the Clint Curtis campaign is posted in full below...

By Michael Richardson and Brad Friedman

While revelations surrounding the mysterious 18,000 "undervotes" in the November 2006 U.S. House election between Christine Jennings and Vern Buchanan in Florida's 13th Congressional district continue to inform the nation about the dangers of electronic voting machines, new information has recently come to light exposing a shocking lack of responsible oversight by those entrusted with overseeing the certification of electronic voting systems at the federal level.

An investigation into what may have gone wrong in that election has revealed a serious security vulnerability on some, and possibly all, versions of the iVotronic touch-screen voting system widely used across the country. The iVotronic is a Direct Recording Electronic (DRE) touch-screen voting machine manufactured by Elections Systems & Software, Inc. (ES&S), the nation's largest distributor of such systems.

The vulnerability is said to allow for a single malicious user to introduce a virus into the system which "could potentially steal all the votes in that county, without being detected," according to a noted computer scientist and voting system expert who has reviewed the findings.

And yet, despite their federal mandate to serve as a "clearinghouse" to the nation for such information, a series of email exchanges between an Election Integrity advocate and officials at the U.S. Elections Assistance Commission (EAC) has revealed that the federal oversight body is refusing to notify states of the alarming security issue.

The recent email conversation shows that even in light of the EAC's review of the warning from the computer scientist who characterized the "security hole" as severe, needing to be "taken very seriously," and among the most serious ever discovered in a voting system, the EAC is unwilling to take action.

Recent reports by the Government Accountability Office (GAO) have taken the EAC to task for a failure to meet their legislated mandate for informing the public and elections officials about such matters. However, a review of the email communications to and from the EAC's Jeannie Layson shows that the federal body is steadfast in their refusal to take action to alert either elections officials or the public about the security risk recently discovered by a team of eight noted computer scientists.

The EAC's current Chairwoman, Executive Director, Director of Voting System Certification, and other top officials at both the National Association of State Election Directors (NASED), and even the GAO, were included in the series of email communications, The BRAD BLOG has learned.

The vulnerability was initially discovered by a panel of scientists convened by the State of Florida to study the possible causes for the FL-13 election debacle. The team's discovery revealed that a design issue in the widely used iVotronic system could allow for a viral attack, by a single individual, which could then spread unnoticed throughout the electronic election infrastructure of an entire county.

A similar vulnerability was found in DRE touch-screen system made by Diebold last Summer by a team of computer scientists at Princeton University.

Attempts to seek information about EAC plans to notify other states and local jurisdictions that use the same vulnerable voting systems as the ones in FL-13 have been met with an astounding refusal, troubling denial, buck-passing, and a lack of accountability by the federal commission of Presidential-appointees. The agency has also come under fire in recent weeks for a number of questionably partisan decisions and other failures to perform as mandated by the Help America Vote Act (HAVA) of 2002.

Of late, the EAC has been forced to respond to a great deal of controversy, on a number of different operational matters and policies, as revealed by a series of articles on this site and in mainstream outlets such as the New York Times and USA Today. Several of those matters have drawn Congressional notice, questioning of EAC officials, and letters of inquiry. Thus, this latest revelation is likely to add to the rising concern of Congress members as new federal legislation introduced by Rep. Rush Holt (D-NJ), currently facing mark-up by a Congressional committee, would permanently fund the now-embattled EAC. Funding for the agency was originally mandated by HAVA only through 2005.

The new ES&S iVotronic vulnerability first emerged on February 23, 2007, when the Florida Dept. of State released a report detailing their findings from the investigation into what happened in Sarasota's still-contested Jennings/Buchanan race. That election was ultimately decided by just 369 votes. The state's official findings included a report [PDF] conducted by an eight-member computer science and technology team under the auspices of Florida State University (FSU). The report sought, unsuccessfully, to determine the cause of the unexplained "undervotes" reported by the iVotronic touch-screen voting systems used in Sarasota's portion of the FL-13 race on Election Day and in early voting.

Although the reason thousands of votes turned up missing from those systems remained unknown, the study team did discover a serious security flaw in the iVotronic system that is used in Sarasota and many other jurisdictions across the country (and even the world, as France is set to use the same systems in their upcoming Presidential Election.)

Election integrity watchdog John Gideon, a frequent BRAD BLOG contributer and the Co-Director and Information Manager for VotersUnite.org, says that the security flaw may pertain to "every ES&S iVotronic voting machine used in the US and overseas." A total of eight separate versions of the system --- without and without so-called "voter verified paper audit trail" (VVPAT)" printers --- are currently approved as qualified at the federal level, he explained. Three of those are definitely affected and it is likely that the others are as well.

The details, the dangers, and the denials are all described below...

Over the weekend we reported on the newly unearthed "agreement" letter sent by voting machine company ES&S to Florida's chief of Voting System Certification, David Drury, dictating the company's demands for the narrow terms of testing for the source code and hardware of the touch-screen voting systems which failed so spectacularly in the state's 13th Congressional District election between Christine Jennings (D) and Vern Buchanan (R) last November.

In the still-contested election, an exceedingly high 18,000 "undervotes" were registered by the ES&S touch-screen DRE voting systems in Democratic-leaning Sarasota County only, in the race which was ultimately decided by 369 votes in favor of the Republican.

In our coverage, we asked a series of questions about the letter and whether the "independent" team of scientists convened by the state to review the source code had been apprised of ES&S's very strict litany of specific narrow conditions for testing (including their insistence that they be allowed to review, edit and/or comment on the final report before its release).

Yesterday, Alec Yasinsac, the "Lead Principal Investigator" of the scientific panel convened at Florida State University --- a noted Republican partisan --- released a response to some of questions [PDF] on behalf of the state-convened panel of scientists.

The bulk of that response follows, as well as a comment or two of our own in response...

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

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

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

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