Hallelujah!

Voters with disabilities are finally beginning to speak out against the use of Direct Recording Electronic (DRE, often known as "touch-screen") voting systems!

After years of DRE supporters, and indeed the Help America Vote Act (HAVA) of 2002, using the canard that blind and disabled voters must use DREs to vote privately and independently, a number of leaders in the disabilities community are speaking out against their having been used as a wedge to force the nationwide implementation of such disenfranchising, dangerous voting systems.

Two different landmark statements on the issue have now been released, The BRAD BLOG has learned. One statement [PDF] released last week by the Disability Law Center and the ACLU speaks in support of the decision by the Massachusetts Secretary of State to approve the use of ballot marking devices, as opposed to DREs, for use by the state's disabled voters.

The second, released today to The BRAD BLOG in advance of Congressional subcommittee hearings tomorrow, is signed so far by more than 20 leaders of the blind and disabled communities and calls for "an immediate ban" on DRE voting systems. Like the release from the Disability Law Center, the newly released statement crushes the long-overused myth that such unsecure, disenfranchising, failed technology is required for disabled access to private, independent voting. (The complete statement is posted at the end of this item.)

"Providing secure voting machines for voters with disabilities is part and parcel of protecting [disabilities voters'] rights to equal access to the ballot and to having their votes reliably counted," said Stanley J. Eicher, Executive Director of the Disability Law Center in their March 5th statement.

"The decision by the Secretary shows that it is both possible and essential to build common ground between the disability rights community and the growing number of citizens who are concerned that many of the proposed new technologies are subject to tampering and error," said Eichner, adding notably, "We must debunk the myth that we have to choose between accessible voting and verifiable voting. Democracy requires that we have both."

The brief but no-uncertain-terms statement today from the disabilities advocates calls for a nationwide ban on the use of DRE technology.

"Electronic ballot systems such as the direct record electronic (DRE) machines...now in use," the statement reads, "have quickly proven to be neither fully accessible to all voters nor secure and accurate methods of recording, tallying, and reporting votes. While the goal of private voting has been achieved by some voters, this has often been without meaningful assurance that our votes have been counted as cast."

The disabilities leaders go on to point out that verification of ballots and the accuracy of their tabulation need not be sacrificed for accessibility or privacy. A similar point was at the heart of a report recently released by one of the letter's authors, blind technology expert Noel H. Runyan. His report, published simultaneously by both Demos and VoterAction.org, concerns the failure of DRE systems to meet both HAVA requirements and the accessibility and verification needs of disabled voters.

The statement further describes DRE electronic balloting systems as "inappropriate for use" and calls on "all disability rights groups, other civil rights groups, election protection groups, and elected officials to recognize the necessity for an immediate ban" on such dangerous, unreliable, and unsecure technology:

This new and most welcome statement from this particular community is in stark contrast to the only other major voices previously allowed to testify before Congress on such matters, such as the National Federal for the Blind (NFB) and Jim Dickson of the American Association of People with Disabilities (AAPD).

Despite both of those groups having received large donations from voting machine companies such as Diebold, Inc., both have been granted extraordinary access to Congress and have leveraged that access to call for the use of DRE systems for their communities (and even paperless ones at that).

The NFB received $1 million from Diebold, and Jim Dickson's group, although he lied to The BRAD BLOG about it previously, received at least $16,000 from the voting machine vendors, according to the New York Times.

We are happy to see new, uncompromised voices from this important community finally speaking up and adding their concerns to others such as Johns Hopkins computer scientist Avi Rubin, who testified last week that DRE systems, with or without a so-called "voter verified paper audit trail," are "not a reasonable voting system."

It would be nice if Runyan and some of the other signatories were invited to testify before Congress as well, and equally nice if Congress held hearings devoted to the issue of the safety, accuracy and accessibility of DRE systems before moving forward on Election Reform bills such as Rep. Rush Holt's HR811, which unfortunately falls short of banning DRE technology in American democracy.

NOTE: We will be Guest Hosting Cynthia Black's Action Point this Sunday 3/18/07 @ 3pm ET (12noon PT) on Phoenix's Air America/NovaM affiliate 1480 KPHX. We hope to have Runyan as one of our featured guests.

UPDATE: Here is my interview on on Action Point with Noel Runyan. MP3 appx. 30 minutes

The complete statement from the disabilities leaders, including Runyan and many others, follow in full below...

Guest Blogged by Luke Ryland

Last week, more than thirty 'good government' groups including the ACLU, POGO, CREW, Liberty Coalition, and September 11th Advocates called on Henry Waxman's Committee "to hold public hearings into the case of FBI Whistleblower Sibel Edmonds, and the erroneous use of the State Secrets Privilege to shut down all court proceedings in her case."

Sibel Edmonds says: "Thanks to Brad and Bradblog readers. Exactly twelve months ago, Bradblog helped launch this petition and we had a great response. Fifteen thousand people signed the petition and we have delivered it to Congress. Now we'd like to ask for your help again."

We've had solid indications that Waxman is ready and willing to hold public, open hearings into Sibel's case. We need to give Waxman a final push and get him to commit to a date, in May or June, and that's where you come in. We want you to call the offices of Congressmen Henry Waxman, John Conyers, Patrick Leahy, and Charles Grassley and demand, beg, and implore them to publicly announce that they will have hearings.

Sibel has already told her story in classified briefings to the Senate Judiciary Committee, the Senate Intelligence Committee, Henry Waxman's staff, and the 911 Commission, and her case has been investigated by the Department of Justice Inspector General. All of them have verified Sibel's claims. As Republican Senator Charles Grassley said (YouTube) on 60 Minutes in 2002: "Absolutely, she's credible. And the reason I feel she's very credible is because people within the FBI have corroborated a lot of her story." ...

I'll be on Bobby Kennedy Jr. and Mike Papantonio's Ring of Fire today (Saturday) on Air America. We did a pre-recorded interview earlier this week, discussing Rush Holt's Election Reform bill (HR 811) and the Democrats and their public-advocacy group supporters who have failed to ensure that the bill will ban dangerous, disenfranchising DRE/touch-screen voting systems. I believe it'll be a very good interview if the bulk of what we talked about makes the edit.

Tune in to the live stream at 5pm ET (2pm PT) or check your local listings for when RoF airs in your hood.

Otherwise, I'll try to capture it and update this item with an .MP3 afterwards.

UPDATE 3/11/07: I was able to listen to part of the pre-taped interview on RoF yesterday, and noted that they had to cut out some of the good stuff for time. I've requested a copy of the full un-edited interview from the producers, and have been told they'll likely be able to send it to me on Monday. I'll post that version of the interview here as soon as I get it from them.

E-Voting expert, Johns Hopkins computer science and security professor, Avi Rubin, once again stated for the record, this time in his testimony before a House subcommittee hearing on "Ensuring the Integrity of Elections", that Direct Recording Electronic (DRE, usually touch-screen) voting systems --- with or without a paper trail --- are "not reasonable" for use in a democracy.

Period.

From his blog item Wednesday discussing his testimony (which also includes a link to his complete formal statement):

So between Rubin's beliefs, and those of most every other computer scientist I've heard from, why do we (meaning Congress and their public-advocacy group supporters such as PFAW, Common Cause, MoveOn, VoteTrustUSA and others) continue to play this DRE game???

It's madness...

Impeachment, it seems to us, gets closer to "the table" every day now. From Truthout:

Lest anyone think the buck stops in the Office of the Vice-President, however, it looks as if the not-insignificant evidentiary revelation concerning Cheney's hand-written note referring to "this Pres." may also be revisited by Congress.

Those two words were scratched out on Cheney's note, but were still clearly visible and discussed during trial testimony. Had they not been scratched out, Cheney's note would have read: "not going to protect one staffer & sacrifice the guy this Pres. asked to stick his head in the meat grinder because of the incompetence of others."

To be honest, we're amazed that detail was overlooked as much as it was when it originally appeared. According to Truthout:

See the complete Truthout report for much more detail...

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

Four good bills were reported out to the full U.S. House today by the Oversight and Reform Committee. Each has an excellent chance of being passed in the House, where some of the legislation has been passed before, and a pretty good chance of passing the Senate. The four bills share the aim of letting sunshine in on the workings of government.

I sat in on this morning's mark-up session in the House, and the results, so far, are very encouraging...

Sent to The BRAD BLOG by the House Judiciary Democrats concerning this morning's oversight hearings on the U.S. Attorney firings (full statement posted at end of this article):

In regard to the alleged threats of retaliation against the attorneys for speaking out on this, an email from Cummins, published by Sacramento Bee, gives contemporaneous specifics. According to SacBee...

Of course, Gonzales today said none of it ever happened, these aren't the droids you're looking for.

The complete statement issued by the Judiciary Committee Democrats follows below...

*** Special to The BRAD BLOG
*** By Guest Blogger Jim Cirile

Clint Curtis just won't roll over. And that, fellow Americans, is a very good thing.

Curtis came to prominence a few years back when The BRAD BLOG broke the story of his blowing the whistle on Republican congressman Tom Feeney (FL-24) who, as Curtis alleged in a sworn affidavit, asked him to write an election-rigging software prototype when both men worked at the same Oviedo, FL, software firm in 2000. Curtis was a programmer, Feeney was then Speaker of the Florida House as well as the general counsel and registered lobbyist for the company, Yang Enterprises, Inc. (YEI)

A lifelong Republican, Curtis did as asked, believing the program was meant to be used to prevent election tampering by Democrats. When he learned the true purpose was to manipulate the vote in South Florida, Curtis went to the authorities and finally to the public. The BRAD BLOG has been following his story closely ever since.

Last year Curtis, who switched to the Democratic party in the wake of his experience and others like it with Feeney and YEI, challenged the powerful Feeney on his own turf --- he ran against him for the U.S. House seat in Florida's 24th district, where Feeney had ascended in 2002.. Feeney's campaign against Curtis was as slimy as expected, with the powerful Republican friend of DeLay, Abramoff, and the whole bunch spending big bucks on a smear campaign in hopes of painting Curtis as a wacko conspiracy theorist, despite years of evidence shoring up Curtis's original claims "“ including his successful passing of a polygraph test "“ and one report after another revealing massive holes in the claims of innocence by both Feeney and YEI.

Despite pre-election polls, including one from Zogby International, Inc., just prior to the election, showing the two men to be in a statistical dead heat, Feeney defeated Curtis 58% to 42% according to Florida's officially certified election results.

But Curtis smelled a rat. Backed up by polling and his remarkable online vote verification tool, VoteNow 2006, he refused to concede. His race is now one of five challenges (four of them from the state of Florida, including the well-known FL-13 Jennings/Buchanan contest) currently pending in the U.S. Congress as having been filed under the Federal Contested Elections Act.

We spoke with Curtis late last week about what's going on with those challenges, about his ongoing efforts to lobby Congress to finally bring reform to our broken election system, his experience with the Democrats "50 State Strategy," and whether he plans to run against Feeney again in 2008.

Suffice to say, like those three gals from Texas, Clint Curtis isn't "ready to make nice" either"¦

While it's unlikely to get as much attention as Ann Coulter calling him a "faggot" during her speech at the Conservative Political Action Conference (CPAC) last night, The BRAD BLOG has learned that John Edwards is the first Presidential Candidate to announce his support for a growing movement calling for a ban on the use of all Direct Recording Electronic (DRE, usually touch-screen) voting systems in American elections.

The BRAD BLOG was contacted late last night by Progressive Democrats of America (PDA) Board Chair Mimi Kennedy with the news that during a campaign event in Los Angeles Edwards agreed to join her organization in calling for an end to electronic ballots in American elections.

PDA has been one of many groups calling for the ban and other important amendments to Rep. Rush Holt's (D-NJ) new Election Reform bill (HR 811), recently introduced in the U.S. House of Representatives.

Kennedy, an activist and actress well known for her role as Dharma's mother on ABC's Dharma and Greg, told The BRAD BLOG that during a Q & A period following his address last night, she asked Edwards whether he would join PDA in their campaign calling for "the complete removal of all Touch-Screen Direct Record Electronic voting machines from U.S. elections, with or without a paper trail."

Drawing an "X" in the air as the question was being asked, Edwards --- who was reportedly upset at Sen. John Kerry's decision not to contest the 2004 Presidential Election count, or lack thereof, in Ohio --- answered with a definitive "Yes!"

"Yes!" echoed Kennedy in response as the audience reportedly cheered and applauded.

Edwards's public support for a ban on DRE voting systems follows just over a week after Congresswoman Maxine Waters (D-CA) was asked a related question by an Election Integrity advocate at a public event at the University of California/Santa Cruz. Waters announced, in response to the query, that she would be withdrawing her co-sponsorship of the Holt bill in the wake of the growing concerns about several troubling shortcomings in the proposed legislation.

Kennedy attended the event, sponsored by the Pacific Palisades Democratic Club, with friend and former TAXI co-star Rhea Perlman, who unsuccessfully tried to video tape the Q & A session on her cell phone. The BRAD BLOG is attempting to locate a complete video of the event and we'll update this item if and when we do.

Before an audience estimated at 400, Kennedy rose and said to the former Vice-Presidential candidate...

As The BRAD BLOG reported yesterday would happen today, the U.S. House Judiciary Committee's Subcommittee on Administrative Law has today voted to issue subpoenas in the matter of the forced firing of U.S. Attorneys at the Dept. of Justice after pressure from higher-ups.

According to a statement just received by The BRAD BLOG (full statement posted below), the subcommittee voted to issue subpoenas requiring former U.S. Attorneys David C. Iglesias, Carol Lam, H.E. Cummins, III, and John McKay to appear at a hearing next Tuesday.

"The former U.S. Attorneys are alleging very serious charges against the Administration and we need to hear from them," Judiciary Chairman John Conyers (D-MI) says in his statement. "We want to hear their stories and we want the Administration to address the charges head on so that we can get to the bottom of this."

The subpoenas, issued as a "last resort" according to subcommittee Chairwoman, Linda Sà¡nchez (D-CA), are the first to be issued by the Democrats since taking control of Congress.

We must run, so we'll refer you to the full statement below for more details for the moment...

Last Friday, during my regular weekly appearance on The Peter B. Collins Show, Susannah Goodman of Common Cause was invited to join us for a discussion of the Holt Election Reform Bill (HR811).

Common Cause is one of the groups which currently supports the bill as is, and doesn't believe it's necessary to amend it to require a full ban on DRE (Direct Recording Electronic, usually touch-screen) voting systems. As we've discussed here in some detail, a number of these large public advocacy groups, such as Common Cause, People for the American Way (PFAW), MoveOn, and VoteTrustUSA have been not only supporting the Holt bill, but using disingenuous and/or very weak and/or very naive talking points to back up their support for the bill.

Susannah used most of those talking points in our discussion/debate from last Friday. I take no particular joy in pointing this out, or the similar behavior of the other groups, or Holt's office themselves, in regard to all of this. I believe them to essentially be "good guys" on these matters, but on this point, they are dangerously and irresponsibly wrong, in my opinion. Heading into another Presidential Election, still using disenfranchising DRE systems is a recipe for potential disaster that America simply cannot afford after two previously questionable (putting it kindly) elections.

The entire text transcript may be read online, along with the full audio, posted here...

Here's a quick sampling of our discussion...

Full transcript here...

Guest Blogged by Alan Breslauer

California Representative (and mine) Henry Waxman, the Chairman of the House Oversight and Government Reform Committee, answers questions about Iraq last night with Tavis Smiley on PBS. After Waxman explains how at least $12 billion allocated for Iraqi reconstruction went missing, an incredulous Smiley states:

Waxman lays most of the blame on the Republican-led Congress which failed in its oversight responsibilities. Similarly deplorable is what the reconstruction effort accomplished, considering Iraq's billions and our own additional $20 billion. According to Waxman:

But while "Iraqis and the American people are not better off" for the war, Waxman does identify one group that has made out extraordinarily well:

AlterNet's front page today is featuring a fresh version of my story from last week on the false dichotomies being forwarded by Rep. Rush Holt (D-NJ) and the supporters of his Election Reform bill, HR 811 [PDF], as written. It outlines the unsupported talking points and disingenuous arguments being made to prop up the failings of the bill (most notably, its failure to ban DREs) by Holt's office as well as his public-advocacy group supporters like PFAW, Common Cause, MoveOn, VoteTrustUSA, etc...

The original BRAD BLOG version was here. The updated Alternet version (including a bit more background on the brouhaha for newbies is here: "False Choices in the Debate on Voting Technology"

I've also now set up a new "Special Coverage" page for the Holt Bill Debate here: www.BradBlog.com/Holt. It includes the most notable BRAD BLOG stories since the bill dropped, as well as essential articles and calls to action elsewhere. I hope it'll be a useful source. It's also always available from the red "Special Coverage" box in the right sidebar.

Also related...A new "Anti-DRE Talking Points" document from VotersUnite.org (HTML version with links & grafs..., 2-Page PDF version...) features simple bullet-points on why DRE/touch-screen voting systems must be banned and the urgent need to reform the Holt bill to ensure it. Both versions of that doc are also linked from the new Holt Special Coverage page.

Two media statements released from members of the U.S. House Judiciary Committee indicate that subpoenas will soon be issued in the matter of the allegedly coerced firings of U.S. Attorneys in the Department of Justice. A vote will take place tomorrow in the Subcommittee on Commercial and Administrative Law on whether to issue the subpoenas to Justice Dept. officials Carol Lam, David Iglesias, H.E. Cummins, III, and John McKay to compel them to appear before a subcommittee hearing next week.

As well, The BRAD BLOG has learned the Judiciary Committee will also hold hearings next week on matters related to "Election Reform and Irregularities."

According to a Committee staffer, "subpoenas will be issued" tomorrow in the U.S. Attorney matter. If so, it would be the first time the Democrats have exercised their newly-gained subpoena power since wresting control of Congress from Republicans...

Guest Blogged by Alan Breslauer

Wolf Blitzer asks Florida's new Republican Governor Charlie Crist if there could be a replay in 2008 of the "2000 election fiasco?" Crist believes that his budget recommendation, which calls for $32 million to be spent implementing a "paper trail" system (in actuality, he's called for the replacement of touch-screen systems with paper ballot-based optical-scan systems) will cure Florida's election problems. He also offers up this gem:

However, when Wolf questions Crist about the 18,000 missing votes in "Orlando" from the 2006 election (he meant Sarasota in the still-contested FL-13 U.S. House race), Crist answers that his concern is "going forward." Thus, it seems Florida has felt very strongly about democracy for about three months now (who was running the place before Crist?). Not to be outdone, Wolf "presses" by holding his feet to the fire... asking a softball question...unrelated to Orlando Sarasota, about whether Florida will be "ready" by 2008.

Meanwhile, one would think that Americans would be a little more concerned about getting Florida elections right after experiencing the last six years of Bush. Yet, despite statistical evidence that all but guaranteed her victory in FL-13, Christine Jennings remains on the outside looking in. At least with Al Gore the mountains of evidence that he won Florida did not surface until after the Supreme Court gifted the election to Bush. With Jennings we do not have the luxury of such an excuse and it is inexcusable.

ADDENDUM BY BRAD: Wolf Blitzer is a complete and utter, unmitigated moron of indescribable proportions. Rivaled only in his utter and embarrassing cluelessness by Chris Wallace...And meanwhile, I have to beg for milk money. Amazing.