Joining a growing drumbeat of individuals and organizations, including The BRAD BLOG, Tribune Media's Bob Koehler and VelvetRevolution.us, the Progressive Democrats of America (PDA) has just issued a declaration of "No Confidence" in the reported results of the Busby/Bilbray special U.S. House of Representative run-off election last week in California's 50th congressional district!

We are told that other organizations will likely be issuing similar statements and declarations on this matter soon.

TO REVIEW: The election was run on highly hackable Diebold voting machines that were sent home overnight and unsecurely with poll workers for days prior to the election which rendered the machines both illegal and uncertified for use in the election under both federal and state laws, requirements and statutes. The GOP has since rushed to swear-in Bilbray before the votes were counted, or the election even certified by the state of California.

PDA's strongly worded declaration of "No Confidence" posted on their website and is currently being emailed to all of their 60,000+ national members, urging the public to sign VelvetRevolution's Petition demanding a manual hand count of the ballots.

Emily Messner, a blogger at WaPo, has picked up on what's been going on in the Busby/Bilbray election fiasco and asks "How could this be allowed to happen?"

She explains why sending home Diebold voting machines with poll workers, overnight and unsecured for days, is outrageous (and, as we reported yesterday, also illegal) underscoring the point with this graf from NEWSWEEK's Steven Levy just a week or two ago:

She forgot to give us credit for breaking and continuing to cover the story. But we're not really looking for credit, we're just looking for some democracy.

VelvetRevolution.us declares 'No Confidence' in the reported results of the Busby/Bilbray Election. Here's why.

Sign the VR petition demanding a manual hand count of paper ballots and paper trails to assure the election was tabulated correctly even though it was carried out on uncertified Diebold voting machines in contravention of state and federal law.

Election reform starts here. It's up to you now to spread the word!

(DISCLOSURE: The BRAD BLOG is a co-founder of VelvetRevolution.us)

Tribune Media Services columnist, Robert Koehler, has declared 'No Confidence' in the recent Busby/Bilbray special U.S. House election about which we've been reporting extensively on here at The BRAD BLOG over the past week.

In his latest column, online today, in papers tomorrow, Koehler discusses "democracy extremists" such as yours truly (who he refers to as "democracy maven Brad Friedman" so how could we not like him?) and the mess of an election held last week in San Diego where the world's most hackable voting machines --- Diebold's --- were sent home for overnight with poll workers in the weeks preceding the election.

The sleepovers, Koehler confirms, are in direct violation of the CA Sec. of State, Bruce McPherson's own recent security mitigation procedures for use of Diebold systems, apparently violating their certification for use in last week's election, as we reported in detail earlier today.

Koehler's as appalled as we are and writes in his tremendous column (please read the whole thing!):

The electronic Diebold voting systems used in the special run-off election last week for California's 50th U.S. House district were effectively 'decertified' and invalidated for use in the election after massive security breaches in the storage of those systems were sanctioned by the San Diego County Registrar of Voters, The BRAD BLOG can now conclude.

Based on the review of several different very specific state and federal requirements, laws and provisions, the unsecured overnight storage of Diebold voting machines and their memory cards in poll workers houses, cars and garages in the days and weeks prior to the closely watched election between Republican Brian Bilbray and Democrat Francine Busby violated several federal and state provisions which, if not followed, would revoke the certification of use for the voting systems in any California election.

In the wake of discussions yesterday with SD County Registrar Mikel Haas, who admitted to The BRAD BLOG that storage in poll workers' cars could not be considered secure, it has now become clear that several violations of certified provisions of use for Diebold voting machines --- which have been found and confirmed in the past several months to be highly tamperable by dozens of methods and by the company's own admissions --- occurred in last week's race...

Warren Stewart, Director of Legislative Issues and Policy for VoteTrustUSA calls the Busby/Bilbray election into doubt in his article yesterday, headlined, "Vendor Failures and Lax Security Procedures Call Election Results Into Question In States Across The Country":

In light of our recent reports that California's special run-off election to fill the seat of disgraced former Rep. Randy "Duke" Cunningham in the 50th congressional was carried out on voting machines tainted by massive security breaches --- having been sent home with poll workers in the weeks prior to the election in violation of several state and federal directives --- Republicans have rushed to swear in the "winner" Brian Bilbray in Washington D.C. this morning, despite the election results being unverified, ballots still being counted and the "winner" not even certified in the state.

The Associated Press, who ran a photo today of a "mock swearing-in ceremony" in House Speaker Dennis Haster's office, also ran a story, widely carried unquestioningly around the country, describing Bilbray's official first day in the U.S. House, as if the election results had been legitimized. They haven't been.

"Bilbray sworn in to replace Rep. Cunningham," says the headline accompanying a story written by AP's Erica Warner and picked up widely. The story gives no indication that the questionable results of the election have yet to be certified by the state of California.

AP's coverage has been published widely today by, amongst scores of others, USA Today and Washington Post.

And yet, four sources in the CA-50's San Diego County Registrar of Voters office, including the Registrar himself, Michael Haas, along with two officials in the CA Secretary of State's office have confirmed to The BRAD BLOG that there are thousands of votes still be counted in the closely watched race, which has yet to be officially certified by either the county or the state...

I've now heard from several high-level folks in the DNC's Voting Rights Institute who have expressed concern about the situation in the CA-50 race. I've been told they will be having more meetings to discuss the matter tomorrow, and will likely be contacting me soon for further information and/or details about the matter. They seemed to be very concerned about the information I've given them and as previously reported on the matter here at The BRAD BLOG.

I can only hope they do a better job paying attention to this, and the larger matter at stake here, than they did with their report supposedly looking into the problems with the 2004 Presidential Election in Ohio. In that report, they stated they found "no evidence of fraud." Though when I drilled the now-former VRI Executive Director, Vincenty Frye about whether or not they actually investigated the many reports of fraud in that election and its recount, he admitted --- on air [MP3] --- that they did not.

In the meantime, it seems Francine Busby's campaign (who has still failed to return any of my calls) is now replying via Email to those who have questioned her position on the matter, and whether or not she plans to demand a 100% manual hand count of all the paper ballots and "paper trails" in the race now that it's been indisputedly shown that the secure chain of custody for the voting machines was irreparably violated when San Diego County officials sent the world's most easily-hacked voting machines home with poll workers days and weeks prior to last Tuesday's important special election run-off for the U.S. House seat vacated by the disgraced Randy "Duke" Cunningham.

Her emailed statement, as forwarded by Dr. Mike Byron --- a friend of Busby's and the 2004 Democratic nominee for the U.S. House in CA's 49th congressional district --- was posted earlier today in this BRAD BLOG comment. The statement illustrates a number of troubling issues. In particular, that Busby doesn't yet seem to have a grasp on what the actual concerns are about the tainted results, as currently reported, in her own election...

I was tipped off that callers to The Ed Schultz Show were misreporting my coverage of the tainted results as reported by the San Diego County Registrar from the Busby/Bilbray U.S. House special election in California's 50th congressional district last week. (All BRAD BLOG stories on the topic here.)

I was able to get through to Schultz' producer (thanks, Homey!) who was able to get me on the air with Big Ed to straighten out the record after a few minutes explaining it to Ed off air. After understanding what the hell is going on here, Schultz --- who has previously declined to deal with E-Voting issues in large part --- seemed to be ticked off when he learned that security for the Diebold voting machines used in the election was irreparably breached by sending the machines home with poll workers, in violation of California guidelines, prior to the very close and very important election.

He's called for an explanation from Schwarzenegger and wonders if Sen. Barbara Boxer has yet rung in on this (she hasn't, as far as we know --- though we have heard that there's been quite a bit of buzz today "inside" the DNC on the whole matter...More on that later if we're able to get confirmable, and therefore publishable, specifics.)

You can listen to the Schultz segment in full (about 13 minutes) here:

-- Brad discussing Busby/Bilbray on The Ed Schultz Show [MP3]...

P.S. Lou Dobbs just covered the issue of Electronic Vote Fraud concerns for the 6th straight day. We'll try and get up the video, or at least a transcript of today's report later tonight.

Bruce Funk, the 23-year Emery County, Utah county clerk who allowed computer security experts Harris Hursti and Security Innovation to examine the Diebold AccuVote TSx voting systems forced on him by the state last March --- which led to the discovery of a massive security vulnerability in all Diebold touch-screen systems, as originally broken by The BRAD BLOG, and subsequently followed up by New York Times, NEWSWEEK, NPR and many other MSM outlets --- writes in with his concerns about the results of last week's special election in San Diego between Francine Busby and Brian Bilbray to replace Randy "Duke" Cunningham in CA's 50th U.S. House congressional district.

(All of our reports on that race, so far, in which San Diego county blatantly defied the CA Sec. of State's own security mitigation requirements, not to mention common sense, by sending the voting machines home with poll workers days and weeks prior to the election can be read here.)

As reported recently by the Salt Lake Tribune, since allowing the security examination in Utah, Funk has been pushed out of his job by state officials, in apparent collusion with Diebold officials. (My radio interview with Funk about all of this, from my recent Guest Host stint on the Peter B. Collins Show, is here.)

In the letter on the Busby/Bilbray matter, Funk writes...

While I'm catching up and sifting through much incoming info on the already-tainted results of Tuesday's Busby/Bilbray special election for the U.S. House (CA-50), (BRAD BLOG coverage here, here, here and here, so far), Loyola University Professor/Ph.D. Ron Baiman has some analysis of numbers from Tuesday which he describes as something that "smells fishy in San Diego".

(UPDATE: I'd also like to point you to this comment by Jody Holder, in re: the security issues and requirements for Diebold machines as issued by CA's Sec. of State McPherson recently, and the apparent disregard and failure to properly implement those already-less-than-sufficient requirements. Holder, btw, is one of the plaintiffs in the recently filed suit against the state to stop the use and purchase of Diebold touch-screen systems in California. He's also an incredibly good researcher and analyst of this stuff.)

Also, please note the reported margin seems to be widening between Busby and Bilbray as absentee and provisionals are reportedly being counted, according to the San Diego County Registrar of Voters website. The intially reported 4,700 votes on Election Night has grown to some 6,100 votes at this hour.

Given Busby's concerted campaign, prior to the election, to encourage folks to vote by Absentee Ballot --- as the good Thom Hartmann was kind enough to tip me off to --- the increasing spread in the margin as absentees are tallied is certainly worth watching closely. Particularly with the odd absentee numbers reported that we covered last night.

I suppose prudence demands that I point out, yet again, that I've yet to report any of evidence of fraud in this race (at this time.) Nor have I said that Busby won the race, or that Bilbray --- or anybody --- stole the election.

I have, however, reported the irrefutable fact that the world's most easily-tamperable voting machines (Diebold's) were irreparably tainted by being sent home with poll workers days and weeks prior to the election, in violation of several clear warnings issued by CA's own Sec. of State, Bruce McPherson and the computer scientists at UC Berkeley that he commissioned to independently analyze the scores of known and now-admitted-by-Diebold vulnerabilities in their optical-scan and touch-screen voting systems.

That fact --- in and of itself --- is reason for a complete loss of confidence in the so-far reported results which are based on optically-scanned ballots and touch-screen machine-reported numbers and thus calls for a complete hand count of the paper ballots and "paper trails" before any credence should be given to the reported totals in such a close election with so many national ramifications.

It bears repeating to those who don't get this: The San Diego County Registrar of Voters office is paid with your tax dollars (yes, your federal tax dollars) to run an accurate election. The burden of proof that they have done so, and that the election results are accurate and verifiable lies with them. So far, they have offered no such evidence.

I'm sure there's a perfectly good explanation for this. There always is.

As ever, it underscores the need for verifiable elections, and begins to remind us that the folks who give a damn about this down there in San Diego County better damned well be keeping an eye on the chain of custody for those paper ballots and "paper trails" as they are being theoretically "counted" by the SD County Registrar of Voters.

According to this web page from the SD County's Registrar of Voters office, as of 5pm last night, the number of uncounted absentee and provisional ballots in the entire county of SD has decreased by 2,000 from the reported 68,500 that were announced as "still to be counted" on election night.

The number of votes in the now-questionable Busby/Bilbray U.S. House (CA-50) special election, however, has been increased by 8,000 votes.

Since the number of votes in the CA-50 race is a smaller subset of the total votes within SD County, one would think that if 2,000 absentee or provisionals were counted for the entire county, the number of votes in CA-50 might go up by a fraction of that number. Instead, they've gone up by 8,000, according to the county's website!

So far, I've been unable to get any comments from "quotable sources" at the Registrar's office on the reported updates. Very few in the office, apparently, are allowed to speak on record to the press for some reason.

As mentioned, no doubt there's a perfectly good explanation for all of this. Right? It's just that you and I may never know it. And, if we do, the election officials will likely never have to prove that their explanation --- or the veracity of their reported vote counts --- is valid. To anybody.

UPDATE 6/13/06: On Thursday afternoon, Cathy Glaser of the SD County Registrars office says she sent out the following notice on the heels of the above report. She's only just sent it to us today:

Given what we know about Diebold voting machines (both optical-scan and touch-screen), several folks have written to ask: "Are you sure they actually allowed poll workers to take these machines home with them" prior to the Busby/Bilbray U.S. House special election in CA-50th?

Yes. I'm sure. And yes, I confirmed it with someone in the media office at the San Diego County Registrar of Voting before I wrote my initial story on all of this. She asked me to keep her name off record, and so I'm doing so. Feel free to call and ask them yourself however: (858) 565-5800.

While you're talking to them (politely), ask how they intend to prove that the results of the Busby/Bilbray special election are accurate now that the chain of custody for the electronic voting machines --- which have been shown to be exceedingly prone to easy, passwordless tampering --- has been corrupted by sending them home for days and weeks at a time with voluneer poll workers. Also ask them how many absentee and provisional ballots there are in the race. Feel free to report your answers in comments here. If you can get any.

To help confirm the sleepovers of the easily hackable Diebold machines, here's a clip or two from a couple of emails I've received on all of this since posting my original story and this morning's follow up:

And this from Pamela Smith, the Nationwide Coordinator for VerifiedVoting.org and Verified Voting Foundation, who's in San Diego County...

UPDATE 6/9/06: I just noticed the following comment left on one of my original Busby/Bilbray article, from reader Patti Newton, who reports she had a similar experience as a San Diego County poll worker in Busby's district. Here's part of it:

UPDATE: 6/9/06: New numbers reported from San Diego county...

ABC News is featuring this AP story on their website:

Okay, AP. Prove it. I dare you. You can't.

Not without a 100% manual, hand-count of all the optically-scanned paper ballots and touch-screen "paper trails" from Tuesday's CA 50th Congressional district race for the U.S. House of representatives. And even then, depending on the margin of difference after the op-scan ballots are hand-counted, you will be unable to prove that the race was decided correctly if it should turn out the number of votes cast on touch-screen machines was more than the margin of difference after the op-scan ballots are actually counted (by hand!)

The deafening, dumbstruck silence after I posted my article yesterday, headlined 'Results of Close Busby/Bilbray U.S. House Special Election in Doubt!,' is deafening.

Yes, I know the headline is unsettling. As are the implications of the piece. I will hope, however, that most of you who know what I report at The BRAD BLOG also know that what I report, I source with independently verifiable information. So you don't need to trust me. And you shouldn't. No more than you should trust the words of San Diego County's Registrar of Voters.

The arguments presented in yesterday's article are airtight. The have been vetted by a number of election experts and computer scientists. So far, not a single human being has presented me with a flaw in my logic or contentions.

Mind you, I have never reported that any election was "stolen." Not even the 2000 Presidential (which wasn't stolen, as much as given away by the Supreme Court), nor the 2004 Presidential Election, which evidence shows would most likely have gone to Kerry had the votes actually been counted. But I have never claimed that election was "stolen" either, because we simply do not know. Until there is evidence, I do not report it as such.

I am not saying, in my article yesterday, that the Busby/Bilbray election was "stolen" either.

Nor have I charged there has been any fraud. This is (for now) about confidence in verifiable results in an American election. So far, there is no basis to have any.

Nor am I one of those who believes that legitimate elections can only be carried out on 100% hand-counted paper ballots.

This one, however, given the specific machines in use, which have been proven to be easilly tamperable and hackable, without a trace being left behind, (and admitted as such by even the company who makes them!) is a different matter. Add to that, security measures were completely compromised by sending the machines home with poll workers, in some cases, for weeks at a time, prior to the election and we've got a no confidence case on our hands.

The burden is now on elections officials --- who we pay to run accurate elections --- to prove the race was counted accurately. Let's see them do it.

I do not champion, nor traffic in, "conspiracy theories," as those of you who know my work likely already understand. What I reported in yesterday's story was not editorial or "conspiracy theory," but plain scientific fact, resting on an enormous body of peer-reviewed, undisputed, scientific evidence. The contention offered in the piece then is summarized thusly --- presuming the integrity of the chain of custody for the paper ballots and the "paper trails" is still demonstrably secured:

Unless every optically-scanned ballot is counted by hand --- and only if the resultant margin after that count is larger than the number of votes cast on the touch-screen systems --- can there be any confidence that the results of the U.S. House race for CA's 50th congressional district are accurate.

I challenge anybody to prove otherwise. Anybody. It cannot be done.

I welcome any and all questions about the logic or accuracy of my contentions. So far, I have received none.

If, after reading yesterday's article in full --- and asking any questions of me concerning the logic or evidence (I will try to keep an eye on comments left here) --- you still do not understand what's going on here, and what's at stake in your elections, then you are simply heading into November while whistling past democracy's graveyard.

That goes for you, AP. (And ABC, since you're running the article on your site and yet have failed to run extremely important stories on American election integrity issues which, unlike AP's story, are demonstrably provable and feature actual evidence.)

Do you both, AP and ABC, stand behind this report? If so, I dare you to prove the contentions made in your article are backed up with any verifiable evidence. You can't. And you won't. The contentions made in my article, however, certainly are. I feel it's my responsibility to be sure of that when I file a report. Why don't you?

Elections should be verifiable and provable. This one, at least as of now, is most decidely not.

UPDATE: SD County Poll workers write in about voting machine sleepovers...

UPDATE: 6/9/06: New numbers reported from San Diego county...

To be clear, at this hour, we have no evidence to show that Democrat Francine Busby --- running in yesterday's special run-off election in San Diego against Republican Brian Bilbray to replace the disgraced Republican Randy "Duke" Cunningham for the U.S. House (CA-50) race --- actually won it.

Neither do we have evidence to believe that Bilbray actually won it.

We do, however, have copious and documented evidence to suggest there is no reason in the world to have any faith that Bilbray won the race.

The fact that the thin margin between the two at this hour (with "100% of the votes counted", according to the CA Sec. of State's website) is a mere 4,732 votes --- in a race where 125,882 votes were reportedly cast in a county with more than 355,000 voters registered --- is not even the largest question. Neither is the so-far unclear question of how the race will be affected by the 68,500 absentee and provisional ballots still to be counted in San Diego County according to the SD Registrar of Voters website at this hour.

The biggest concern about the race, by far, is that San Diego County uses two types of Diebold voting systems --- optical-scan and touch-screen --- both of which have not only proven to be disastrously unreliable in San Diego County and California in the past, but have also been demonstrated over the last six months to feature dozens of exceedingly well-documented and remarkable security vulnerabilities, making them extremely accessible to tampering. Especially if anyone has unsupervised physical access for more than a minute or two with them.

The voting machines used in Tuesday's election were sent home with volunteer poll workers the night before the election, according to the San Diego County Registrar of Voters office today. As well, The BRAD BLOG has received reports that in some cases, poll workers may have had the machines alone at their houses, unsupervised, for a week or even two prior to Tuesday's election....