Guest Blogged by Rebecca Mercuri

(NOTE: The archived appearance of Dr. Mercuri on the Peter B. Collins show, as Guest Hosted by Brad Friedman, discussing this article and other matters surrounding Holt's Election Reform bill is now available here....)

Anyone who has been anywhere in the blogosphere in the months since Rush Holt's HR 811 Election Reform bill was introduced knows that a schism appears to have developed in the voting advocacy community. I say "appears" because it's not terribly clear to me at this point whether this schism existed all along and now the fires are being stoked by rogue insiders in order to fuel a "divide and conquer" effort that benefits voting system vendors who can rise like Phoenixes out of the ashes of the activists, or whether Congressman Holt's bill is a litmus test being used to decide who'll continue to get a seat at the table (to testify at hearings) and a chunk of the grant money and other set-asides for election "research" projects. Maybe both of these actions (and others) are in play.

This has been reminding me a lot lately of Ken Kesey and the Merry Pranksters, riding on the hippie bus to the 1964 New York World's Fair. Tom Wolfe quoted Kesey saying: "There are going to be times when we can't wait for somebody. Now, you're either on the bus or off the bus. If you're on the bus, and you get left behind, then you'll find it again. If you're off the bus in the first place --- then it won't make a damn." Wolfe went on to explain "And nobody had to have it spelled out for them. Everything was becoming allegorical, understood by the group mind, and especially this: You're either on the bus ... or off the bus."

That dividing line between where the bus ends and the rest of the world begins, right where Wolfe was sitting, is the only place to get some decent perspective on the whole situation. So I'm perched at that vantage point, and inside the voting bus I'm seeing Brad Friedman, Bev Harris, Lynn Landes, Rob Kall, Teresa Hommel, Ellen Theisen, Mark Crispin Miller, Greg Palast, Ion Sancho, Doug Kelner, David Chaum, and Dennis Kucinich all arguing about something, but the vibe is upbeat. And outside the bus there's Doug Lewis, Wally O'Dell, Tom Wilkey, Theresa LePore, Linda Lamone, Jeb Bush, Karl Rove, Hans von Spakovsky, Jim Dickson, and Matt Damschroeder just milling around. These are not comprehensive lists (since I'm somewhat myopic and have never been very good with names or faces), and I'm certainly not saying that any of these folks have affiliations with each other, though maybe some do.

What's bugging me is that I can't tell whether Rush Holt and HR 811 are on the bus, or not, right now. Though the bill's predecessor versions (from the prior two Congresses) seemed to be on the bus, none of Holt's bills have ever made it totally clear that the voter verified papers would actually be the real ballots, by ensuring that 100% of them would be counted (preferably by hand, in public, and before the election night returns are reported).

The folks who are truly on the bus all seem to grasp this reality. Holt's latest bill, especially the revised version, comes with Avi Rubin, David Dill, Barbara Simons, and maybe even Ron Rivest, each of whom have wandered on and off the bus before. Plus now there's the Microsoft attorneys too, and Holt's backyard buddy Avante, who hopped on when the bus passed through their adjacent parking lots (see photo below).

Blogged by Brad Friedman from Houston...

Radio host Peter B. Collins has been earning his keep of late. On his last show before a three-week Summer vacation today (we will be filling in to Guest Host for him for the next week and a half), Collins finished up a segment with Rep. Maurice Hinchey (D-NY) today concerning his efforts to renew the Fairness Doctrine with two quick, unrelated questions.

First, Collins asked whether the Congressman supported the controversial Rush Holt Election Reform Bill (HR 811) "in it's current form." The legislation has come under fire from Election Integrity advocates for its continued allowance of the use of dangerous DRE touch-screen voting machines, and a host of other concerns.

Hinchey --- who is currently signed on as one of the bill's co-sponsors --- responded by saying he had "some very serious questions about it" and feels that "it has been compromised."

While there was no time to follow up with details, his comments likely referred to the troubling changes made to the bill by the House Administration Committee. Originally, the legislation had called for complete disclosure of electronic voting system source code to any member of the public interested in examining it. By the time the bill was voted out of committee, however, those important disclosure provisions had been changed to require that the source code be placed in escrow, to be examined only by so-called "experts" in the event that a problem is discovered during an election, and only under non-disclosure agreements.

Those changes led Holt himself to admit that "the vendors have won," according to reports from several Election Integrity advocates who attended a town hall event where the New Jersey Congressman spoke over the weekend. No word on whether Holt may be removing himself as a co-sponsor of the Holt bill in light of his reported admissions.

Secondly, Collins asked Hinchey, "What is your posture on the impeachment of Vice President Cheney?"

Guess Blogged by John Gideon, VotersUnite.Org

Congressman and Presidential Candidate Dennis Kucinich (D-OH), several weeks ago, had expressed his intention to drop support for Rep. Rush Holt's (D-NJ) Election Reform Bill, HR 811. A week or so ago, he reiterated his lack of support for the bill, and his intention to drop off as co-sponsor.

Today, he has begun to circulate a "Dear Colleague" letter (posted in full below) to be sent to Speaker of the House Nancy Pelosi urging her to ensure the legislative process addresses the concerns of the many groups who have spoken out in opposition to HR-811.

"For these constituencies," the letter says, "H.R. 811 falls short of its intended goals to ensure votes are cast and counted as intended by the voters."

The Congressman is looking for others to step up and co-sign the letter, and asking Election Integrity advocates to contact their Congress Members to ask them to join the effort.

On a related note today the Senate Rules Committee announced that they would be holding a hearing on Sen. Diane Feinstein's (D-CA) democracy-busting S-1487 election reform legislation in the Senate. This is the bill that will turn over our elections to corporations and the incompetent, compromised U.S. Election Assistance Commission (EAC). The hearing is scheduled for July 25 at 10AM.

Below is a copy of an email that was sent out by Kucinich's office today, including the "Dear Colleague" letter now being circulated for signatures...

Guest Blogged by John Gideon, VotersUnite.Org

August 11 is the date for the Iowa GOP presidential "straw poll." In this "straw poll" Republican voters from all over Iowa will walk, drive, or share a bus to the campus of Iowa State University where they will be allowed to pay $35 each for the honor of casting a ballot for their choice for President.

This "poll" is semi-important within the world of Republican politics. Both McCain and Giuliani have decided to pass and will not participate. However, for the candidates who are lower down in the polls this "straw poll" may be all important. The supporters of Dr. Ron Paul, for instance, claim that he has thousands of supporters within the state and that they are going to do all they can to get them to Ames.

With all of that the supporters of Paul have got another gripe and concern that sounds much like the same concern many in the Election Integrity community have; the poll, which used to be done on paper ballots, hand-counted in public, will be conducted on Diebold Direct Recording Electronic (DRE) voting machines. The Ron Paul group is very concerned that the machines will be gamed in order to make their candidate's showing less than what it should be and in order to inflate the results for those whom the Republican National Committee (RNC) want to have a good showing.

The following email was sent by a member of Paul's support group to a large list of Election Integrity groups:

Guest Blogged by Alan Breslauer

Hillary Clinton and John Edwards are caught on tape today at the NAACP Democratic presidential candidates forum seemingly making anti-democratic comments about shrinking the democratic field in future debate settings. (Video available at left.)

Fox "News", who filed the report during Brit Hume's Special Report on Thursday, included sub-titles for the "overheard" post-forum conversation between Clinton and Edwards. They also managed to get in several cheapshots against a number of other Democratic candidates, including Barack Obama.

As subtitled by Fox during the video clip, the exchange between Clinton and Edwards purportedly went as follows:

Blogged by Brad Friedman from St. Louis...

UPDATE: The BRAD BLOG has heard from sources, though we've not been able to get confirmation from Congress, that HR 811 may come up for a vote on the floor as early as tomorrow (Thursday). Please read below and take action!

People for the American Way (PFAW) --- previously the "good guys" in many a fight for your democracy --- continues their dishonest and misleading campaign to support Rep. Rush Holt's dangerous Election Reform Bill (HR 811).

The bill, as written --- despite our having helped to draft it prior to its introduction --- currently fails on a number of levels. Most notably, in its institutionalization of the use of disenfranchising Direct Recording Electronic (DRE) touch-screen voting machines for all of America. Such machines use secret, unverifiable, invisible ballots to count your vote.

As The BRAD BLOG has shown many times previously, PFAW --- by their own multiple written and spoken admissions --- PFAW actually prefers the use of DRE touch-screen voting systems over paper based systems, and thus has become the number one supporter of the Holt bill. Worse, they are joining (perhaps even leading) Holt's office in misleading America about what the bill does and doesn't do.

As HR 811 comes towards the U.S. House floor for a vote, PFAW is ramping up their efforts by sending out emails to members requesting they call Nancy Pelosi's office at (202) 225-4965.

We suggest you do the same. But demand that Pelosi amend the bill to include a ban on DRE voting systems or otherwise vote against the bill.

Then send this item to everyone you know!

Among the dishonest information propagated by PFAW during their pro-Holt campaign: The claim that a DRE ban could not pass in a Democratic-controlled Congress, despite such a ban passing recently passing in the state of Florida with a Republican House and Senate. PFAW has made the claim repeatedly and convinced other Election Integrity organizations of its validity, but has refused to offer a single name of a single Congress member who now supports Holt's bill, but who would vote against it if it included a ban on dangerous DRE voting systems.

Among the knowingly dishonest, Frank Luntz-like deceptions that PFAW is now shamefully using in their continuing disinfo campaign (online version here, excerpts posted below from their email sent yesterday) contain the following misleading and/or incorrect claims about provisions in the Holt bill:

• It would avoid the problem that occurred last November in Sarasota when 18,000 votes were lost on touch-screen DRE systems. It wouldn't. And they know that.
• It would require that "ALL voting machines must produce a paper ballot." It doesn't. And they know that.
• It would require that "ALL voting machine vendors MUST make the machines' software available for inspection." It does. But only for so-called "experts," only after a problem is discovered in an election, and only if those "experts" sign non-disclosure agreements. Despite PFAW's claim that the bill will allow for "No Secret Source Code," the bill will continue to allow for secret source code in every American election.

PFAW should be ashamed of themselves. You can email PFAW at PFAW@PFAW.org or call them with your complaints at: 202-467-4999 or 800-326-7329.

Excerpts from their deceptive email, sent yesterday, follow below...

Blogged by Brad Friedman from St. Louis...

Charging that Congressman Rush Holt's (D-NJ) Election Reform bill (HR 811) "does not address the concerns that Americans have, to do something about electronic voting," Ohio's Rep. Dennis Kucinich reiterated his withdrawal of support for the controversial legislation last Friday.

In an interview on the Peter B. Collins show, the Democratic presidential candidate confirmed earlier reports that he intended to drop his co-sponsorship of the bill in favor of requiring paper ballots for American elections. HR 811, as currently written, fails to ban dangerous electronic touch-screen (DRE) voting systems.

Last week, Election Integrity advocates announced a new effort to contact Congress members in order to learn their position on the Holt bill, and whether or not they would support such a ban. They are asking for help from the public in contacting all members of the U.S. House. (More details on the effort, and how you can help, below.)

"I'm hopeful that Congressman Holt will modify his bill before he pushes for passage of it," Kucinich told host Peter B. Collins during a short interview late Friday.

Here's the short audio of the exchange concerning the Holt Bill [less than 2 mins]:

Here's the transcript of the exchange:

Kucinich had originally announced his intention to drop his co-sponsorship of the bill last month when asked about it by Election Integrity advocates during a phone appearance at DemocracyFest in New Hampshire. The Ohio Congressman's name is still listed as a co-sponsor, along with 215 others, on the Library of Congress website, but The BRAD BLOG has been told by a source familiar with the LOC's Thomas database that co-sponsorship lists on that site are no longer updated after bills have been introduced and then voted out of committee...

Blogged by Brad from Nashville after Escaping Atlanta...

"It's been a thriller," said the eponymous host of the Peter B. Collins Show as Friday's live radio debate wrapped up between myself and attorney Lawrence D. Norden, Chair of the NYU Brennan Center for Justice's Task Force on Voting System Security.

Norden made, in our spirited debate, what I believe to be some stunning admissions.

Complete "must listen" audio of the debate is available at the end of this article...

Blogged by Brad from Nashville...It's not easy keeping up from the road. But we're doing our best....

Leahy on Meet the Press today (via TPM, who has more, video available at C&L)...

Leahy's comments synch up with what Conyer's telegraphed a week during a House Judiciary hearing when he asked outgoing Dep. AG Paul McNulty if the DoJ would work with Congress should the White House ignore their subpoenas and it became necessary to issue criminal contempt charges. (For the record, McNulty punted in response, stating he's recused himself from the issue, will likely be gone by then, since he's already resigned, and otherwise, couldn't speak for the DoJ on the matter.)

Washington Post noticed Leahy's comments as well, and offers this road map to what comes next in their Monday edition...

"Referred to a U.S. attorney." See what a frickin' mess we're looking at here? The USA in question would be Jeffrey A. Taylor of the District of Columbia. Unless he gets fired any time soon. Don't know much about Taylor, with no time to dig for now. So feel free to fill us in with any thoughts on him in comments.

As the Summer of Accountability continues...

Guest Blogged by Alan Breslauer

While BRAD BLOG has extensively covered the "Vote Caging" issue over the past two years, including Brad's post from the road today, the file would not be complete without this video clip of John Conyers (D-MI) questioning Deputy Attorney General Paul McNulty during a House Judiciary Subcommittee hearing last week. For more details on McNulty's testimony as well as an interesting exchange between Conyers and Rep. Chris Cannon (R-UT) at the end of the clip, see Margie Burns's June 21 BRAD BLOG post.

Blogged by Brad from somewhere in Oklahoma (Shawnee...I think)

Need to keep moving, but saw this, and had to stop long enough to let you know about it. Just in case you wanted to send a little something...

Heheh...Irony becomes him.

If you're unfamiliar with the background for this story, a) Welcome to The BRAD BLOG!, b) See the Orlando Sentinel's article and c) See a few of the stories listed at the bottom of the page at: http://www.Bradblog.com/ClintCurtis for more details.

UPDATE 6/23/07: After years of sniffing at "blogs", Feeney has opened his own. And he welcomes your comments! Please give him our best regards, and be sure to give his readers a link to our Clint Curtis / Tom Feeney Special Coverage page!

Guest blogged by Bob Bancroft

On today's Morning Edition , NPR's Pam Fessler reports the growing frustration of election officials around the country. Those interviewed express a general consensus that fussing over the right to vote is simply not worth all the headaches. Elaine Ludwig, Chief Clerk of Lebanon County, PA, says she's "had enough," threatening that she and many others will quit if any election reform is passed into law.

That's disturbing.

But there is a more basic problem in NPR's reporting on the issue: a deep misunderstanding of what is being debated, and why.

Morning Edition host Renée Montagne introduces the segment (about "Toys and Voting Machines," no kidding) by describing Rep. Rush Holt's H.R.811 as "legislation to require paper ballots for all voting equipment." Oh, Renée, if only it were so simple! Sadly, that legislation, the bill that guarantees a paper ballot in every state, does not exist.

Rep. Holt told NPR, "States must provide, they owe it to the voters to provide, voting systems that are transparent and reliable and accessible and verifiable."

Well said, sir. Yet the current incarnation of Rep. Holt's bill falls short. In place of transparency, we are given mandatory non-disclosure agreements. In place of verifiable voting, we are given paper printouts.

Printouts, Renée, not ballots...

Guest blogged from D.C. by Margie Burns

Deputy Attorney General Paul McNulty returned to testify before Congress one more time today, but without shedding much new light on the much-criticized firings and hirings, alleged to be politically motivated, in the Department of Justice.

The Subcommittee on Commercial and Administrative Law of the House Judiciary Committee, in another attempt to extract some truth about the DOJ personnel matter, held a hearing with McNulty as the sole witness. Under polite, soft-spoken but excruciatingly poignant questioning by Committee Chair John Conyers (D-MI), McNulty did clarify one thing: indeed it does seem that his part of the DOJ has done very little about "caging."

Caging, as Rep. Cannon (R-UT) helpfully pointed out, "is a term of art in mailhouses" "“ it refers to the place where letters go when they have no address, all batched up in a separate room.

As Conyers gently reminded the audience, "caging" in the context of elections "is not an issue of the mail at all." Voter caging, in the context of elections, means blocking voters out "“ choosing whole lists of voters whose vote will be challenged, chosen by whom and the criteria for challenge enunciated by whom, under this administration, still not fully explained.

Actually, not explained at all. Though it wasn't for Conyers' lack of trying to get information from McNulty about it...

Guest Blogged by The BRAD BLOG's D.C. Correspondent Margie Burns

Those separate email accounts "“ email accounts held by people working in the White House and the Office of the Vice President, often with security clearances, but not ".gov" accounts "“ now threaten to become bigger news. Those alternate accounts, as we know now from work done by the House Judiciary Committee and the Senate Judiciary Committee, and the new report from the House Government Reform and Oversight Committee, both potentially and actually allowed WH and DOJ and OVP personnel to communicate 'off the books' up to a point. While theoretically still bound by the rules for preserving presidential records (see below) the 88 government officials with email accounts provided by the Republican National Committee could move with electronic fluidity from their official to their partisan political duties, and back again, with remarkably little scrutiny for the entire four years of Bush's first term.

So any correspondence about --- for example --- Chandra Levy and Gary Condit, 9/11 and Iraq, anthrax mailings and Judith Miller, will remain lost from public view until the advanced technology of un-deleting can sweep it up from the bottom of whatever files it has been submerged in to date.

Tabling for now such topics as political motivation in the firing and hiring of US Attorneys, the immediate question is, exactly how EARLY did administration personnel start using these alternate email accounts?...

We've alluded to it before, and even in this article we'll not adequately reveal the depths to which some in the Election Integrity community have plumbed, but the Pro-HR811 folks are in full-court PR press mode of late in order to see Rush Holt's Election Reform bill passed in the U.S. House. By hook or by crook.

Despite claims passed on by supporters that the bill would come up for a full House vote in the past week or two, no such vote came to pass, although one could be scheduled at any time now that the bill has left committee. Inquiries seeking information on an official date for such a floor vote, sent by The BRAD BLOG to Holt's once-responsive legislative aide working on the legislation, have not been answered.

We too would like to see some version of the bill passed. But as it currently stands there are too many enormous flaws in the bill to earn our support, as we've discussed on these pages in great detail. (Here's one recent example.) As we've described, one of our greatest concerns is the bill's institutionalization of Direct Recording Electronic (DRE) touch-screen voting machines for use in American democracy. Such systems, even with the so-called "Voter-Verified Paper Audit Trails" (VVPATs) mandated by the bill --- and perhaps especially with such a mandate --- are antithetical to democracy, as they allow no way for voters to ever verify their invisible electronic ballots as accurate before or after the votes are cast and counted. The VVPATs themselves, as mandated by Holt, are also another problem which may make elections easier to steal, rather than harder. But we'll go into more detail on that at a later date.

There are a host of other reasons why DREs should never be used. Most supporters of Holt's bill --- except for People for the American Way (PFAW), which actually prefers such machines to paper-based systems --- recognize that. Nonethless, they've allowed PFAW and Holt's office to snow them into believing that a DRE ban could not pass in a Democratic Congress, while apparently the Republican dominated House and Senate in Florida, of all places, were able to ban such machines once and for all. Go figure.

As we described recently, it seems that none of the folks who've bought into the "DRE ban can't pass Congress" line seem to have bothered to ask for any evidence of the premise before passing it on to others. Or if they have, they've yet to share the evidence with the public, so that we might lobby those Congress Members who currently support the Holt bill, but would vote against it if it included a ban on DREs, so that the public might either educate them or otherwise discover and expose their reasons for supporting such dangerous machines in our democracy.

Anyway, the propaganda campaign from the pro-Holters is in full swing right now both behind and in front of the scenes as they place editorials and work the back-channel email lists. In the process --- and with the at least passive approval of Holt's office --- they seem hell-bent on destroying the character of any and all who they perceive as being in their way. Yours truly is no exception, of course, as we've been ruthlessly savaged by many of the "loudest" folks who want to see Holt passed --- even if they need to make stuff up about it and/or otherwise mislead Americans and Congress Members about what the bill actually does and doesn't do.

By way of example, see the email posted in full below, as written by NCVoter.net's Joyce McCloy, an ardent pro-Holter and forwarded by another, Kathy Dopp of UtahCountVotes.org. It was posted and then circulated to several large Election Integrity email lists. We can't help but highlight one of the grafs which refers to us directly, if only for the irony --- sure to be lost on the authors --- of our highlighting the charge here in the first place...