It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...

Syndicated California columnist, Thomas D. Elias, has written the single best MSM article we've ever read on the problems with the current state of our electoral system. Period.

In covering changes planned by incoming CA Secretary of State Debra Bowen, Elias --- for the first time, at least that I've ever seen anywhere in the MSM --- squarely places the blame for the entire fine mess we're in exactly where it belongs: On the voting machine companies and the elections officials who have been their enablers and apologists...

BOOM! Outta the park!

Those two grafs alone are enough for us to nominate Elias for a Pulitzer. Yes, the reporting on this matter in the MSM has been so indescribably horrible from the get-go that we're willing to give it all up just for those two grafs which finally tell the story correctly.

But Elias doesn't stop there. While we recommend you read his entire piece in full we'll highlight a few of the most notable grafs just to make sure as many eyeballs as possible actually get to see them --- for the good news they offer about a possibly brighter future for elections in California (and thus, the rest of the country) and for the fact that they have actually been printed in a fairly major metropolitan newspaper.

On Bowen's plans for full 'top to bottom review' of outgoing SoS McPherson's rubber-stamp certification of all electronic voting machines...

On the truth (finally!) about the feckless and incompetent McPherson...

On the infamous voting machine "sleepovers" (as first revealed by The BRAD BLOG)...

On the worthlessness of so-called "paper trails" and the difficulty candidates face in paying exorbitant costs for recounts as capriciously and arbitrarily priced by Registrars...

NOTE: The BRAD BLOG covered the cost quoted for a recount in last summer's Special U.S. House Election in CA-50's Francine Busby/Brian Bilbray race. The cost, capriciously and arbitrarily quoted for that recount in order to make it impossible by the horrendous San Diego County Registar of Voters Mikel Haas: $150,000!

Elias also speaks of Sequoia's yellow button "feature" (also first revealed on these pages, but who's counting?) and more. All of which, apparently, forces the Ventura County Star to label the piece, regretablly, as "opinion." But so be it. We'll take what we can get.

If you'd like to send a thank you note to Elias and the VCS Editors, please click here!

In a letter obtained by The BRAD BLOG, Riverside County, California, Supervisor Jeff Stone attempts to move the goal posts concerning the ill-considered challenge he issued to Election Integrity advocates in December during a public, video-taped meeting.

The letter, sent by Stone on Wednesday to outgoing California Secretary of State Bruce McPherson, attempts to unilaterally create unrealistic (some might say desperate) conditions for a proposed hack test of the county's electronic touch-screen voting machines, made by Sequoia Voting Systems. When Stone initially issued the challenge, he included no such ground rules.

Computer scientists and security experts interviewed by The BRAD BLOG, as well as a number of reports and studies from nationally-recognized bodies, understand what Stone apparently doesn't: the major threat to voting machine malfeasance comes not from a voter walking up to a voting system on Election Day, but rather from insiders who are easily able to gain unsupervised access to the machines.

The letter to McPherson from Stone is posted in full at the end of this article.

As we reported in mid-December, Stone had challenged Election Integrity advocates from Democracy for America-Temecula Valley, during a public meeting of the County Supervisors, to bring in a programmer willing to attempt a hack of Riverside's voting system. His offer was simply "to set up an appointment with one of our machines and I’d like him or her [the programmer] to verify that they can manipulate that machine."

At the time, Stone also said that he was willing to "bet a thousand to one that they cannot do it." (A transcript of the entire, very brief exchange was posted in full in our initial report of the incident, along with links to two different video tapes of the encounter.)

The challenge was accepted the following week by the activists, who announced that noted Finnish computer security expert Harri Hursti had volulnteered to perform the tests. Hursti previously hacked a paper-based Diebold optical-scan voting system in Leon County, Florida, at the end of 2005, and helped to discover alarming vulnerabilities in Diebold touch-screen systems a few months later in Emery County, Utah.

At the same time, a number of other election integrity advocates announced they would stake $1000 for charity on the bet against Stone's $1 million.

Stone's challenge, as seen in the videos and transcript, specified no ground rules for the hack test, despite what Stone indicates in his letter to McPherson. The Secretary of State recently lost his election bid to the incoming Debra Bowen, who will take office this coming Monday. McPherson had been much criticized for his lax testing of voting systems and his close relationship with a number of voting machine companies such as Diebold. He had also been quite friendly with the all-Republican Board of Supervisors in Riverside, The BRAD BLOG has learned from sources on the ground. Bowen has been an outspoken critic of McPherson's rubber-stamp certification of electronic voting systems in the state as well as the lack of adequate security standards specified for their use.

In his letter --- notably sent to McPherson and not to Bowen --- Stone creates a number of ground rules which were neither specified at the time of the challenge, nor the norm for standard security and vulnerability testing of computer software and hardware. He incorrectly characterizes the December exchange with Election Integrity advocate Maxine Ewig this way, unilaterally creating absurd conditions for the testing in the process...

To follow up on a story we covered last October when arrests were made in Orange County, California after it was discovered that "bounty hunters" were being paid per Republican voter registration form they gathered and had switched Democratic (and Green and even non-citizen) voter registration forms to Republican...LA Times is reporting today that sentencing for the first two of the 12 arrested has let the pair off with "time served" and three years probation:

AP adds a couple of details on how the scam was perpetrated:

Neither of the reports went into much detail on exactly who was behind the scheme, aside from statements from GOP spokesmen that they knew nothing about it. Naturally.

(Anybody spoken to Nathan Sproul lately?)

In October of 2005, just prior to the Monterey County, California, November election with their new Sequoia touch-screen voting systems, Registrar of Voters Tony Anchundo and I had an exchange on the radio.

I asked him how discrepancies would be handled, if any where found between the machine-reported results on the county's new systems and their planned audit of the so-called "paper trails" from those unreliable systems.

The 13-year election official told me, "There is obviously going to have to be some trust and faith in the elections official, or in this case, it's me." (Audio of full interview here, text transcript here, Court TV's Catherine Crier picked up on our reporting of this in a video editorial here.)

In July of 2006, Tony "Trust Me" Anchundo was charged with 43 criminal counts, including charges of forgery, misapplication of funds, embezzlement, falsification of accounts, and grand theft of nearly $80,000 of county money.

And finally, yesterday, Anchundo pleaded "no contest" to all 43 criminal charges. His plea deal may help him avoid any jail time at all. He was facing a possibility of some 12 years in prison.

Anchundo is the response to any election official, politician, or voting machine company spokeshole who tells us that we must have trust in our election officials that they will do the right thing, that they'd never do anything untoward, or game an election...despite their insider access to voting equipment which can be tampered with to allow a single person to steal an entire election without a trace left behind.

Trust them? Not bloody likely. Our country and constitution were not founded on trust, but on checks and balances. The disgraced and disgraceful Anchundo is the object lesson in that regard for all time.

Truly honest elections officials will be the first to tell you they should not be trusted. Leon County, Florida Supervisor of Elections Ion Sancho said in a speech last May, "Trust no one. If it can't be verified, it can't be used." Yolo County, California Registrar-Clerk Freddie Oakley wrote last June in response to many of her colleagues, "They also argue that, 'We have to trust our poll workers…' To this I can only say…only if they are incorruptible."

MORAL: Trust no one when it comes to your elections. Especially those who tell you they should be trusted.

Concerning Riverside County, California, Supervisor Jeff Stone's public, video taped "thousand to one" bet to Election Integrity advocates that they couldn't find a hacker who could manipulate the county's Sequoia voting system, and the acceptance of that challenge by noted Finnish hacker of Diebold systems Harri Hursti, the Press Enterprise's Dan Bernstein wrote an amusing column last week which we meant to run previously. Here's a bit of it now in any case...

Also of note, last week the unapologetically rightwing San Diego Union-Tribune also ran an item on the challenge. Though it ran prior to the announcement that Hursti was happy to play along. We don't believe they've followed it up since with the additional news.

Still waiting for Stone's reply to the acceptance of the challenge, on Hursti's behalf, by the DFA-Temecula/SAVE R VOTE folks. Last week, Stone and the rest of the RivCo supes were going wobbly on the offer. We'll see if they wobble off the cliff entirely (and admitting, in the bargain, that their voting systems are not secure) before or after the holidays. The final public meeting, until after the new year, is this morning. We'll let ya know if anything of note comes about.

Special to The BRAD BLOG by Guest Blogger Stephen Heller

Hi, my name is Steve Heller. Some have referred to me as the "Diebold Whistleblower." For those unfamiliar with my case, you can find a good summation here. You can read articles about the resolution of the case https://bradblog.com/?p=3826\">here, here and here.

Brad has been kind enough to allow me this chance to thank you, the progressive community, for all the help and support you gave my wife and me during this very difficult time. We could hardly believe the incredible amount of emotional sustenance and encouragement, as well as all the financial donations to my defense fund, that we received.

We heard from people from all parts of the United States (including Guam and Puerto Rico), and from many parts of the world; the United Kingdom, Japan, Holland, the Netherlands, Germany, France, Brazil, New Zealand, and quite a handful from Canada. Of particular pride to us were the handful of notes and even donations from U.S. military personnel; those really meant a lot to us. We know that soldiers don't make any money, and for some of them to kick in a few bucks for my defense fund really touched me. They're being asked to give so much, and here they were trying to help me and my wife. Truly, we were astounded at the support we received, and I cannot begin to thank all of you enough. Thank you so very, very much. A thousand, million times over, I thank you, and my wife thanks you.

I can't find the words to express our appreciation and thanks to all who donated to the defense fund. In mostly small amounts, the donations added up to enough to cover all the legal expenses we incurred after the fund was established, and that was an astounding thing. Such an outpouring from the world wide progressive community was humbling. I don't know if I would have been as generous to someone in my situation as people were to me, and for me that's a lesson learned.

In many ways, the smaller donations meant more to us than the larger ones. I'll never forget getting a card with a crumpled $5 bill inside and a note written in the quavery handwriting of an elderly person. The note said "I'm sorry this donation is so small, but my monthly check will only go so far. Good luck and God bless you." I can't even begin to describe how much that note, and so many notes and emails like it, whether accompanied by a donation or not, meant to me and my wife. Everyone who contacted us received a reply, either by email or letter, but please allow me to thank you all yet again.

At the risk of embarrassing some people, I want to mention a few names of those who really were exceptionally kind and generous with their time and in many cases even with their hard-earned money…

Good news. It's getting a little harder, at least for the moment, for our government to kill our own citizens. From the AP coverage...

No. It's not cruel and unusual. It's very kind and thoughtful. Idiot.

The government in the state of Florida can't seem to get anything right. According to one of the anti-Death Penalty advocates quoted in the story, "Florida has certainly deservedly earned a reputation for being a state that conducts botched executions."

Go ahead and replace "executions" with "elections" (as you probably already have) and the sentence is equally true. Although, as far as we know, nobody's head has caught fire while voting in Florida, as apparently occurred twice during electric-chair executions in the state during the 90's. Lovely.

Meanwhile, good news on the Government Not Murdering Its Own Citizens front in both California, and even Missouri...

As usual, we scooped everyone yesterday with our scintillating coverage of noted computer security expert/programmer Harri Hursti's agreement to accept the challenge thrown down by Riverside County, California, Supervisor Jeff Stone to allow someone to come in an attempt to "manipulate" the county's electronic voting equipment made by Sequoia Voting Systems.

The local media in Southern California, however, have now been fairly quick to jump into the game as well with several articles on the matter so far today. Their reports reveal that both the County Board of Supervisors and Sequoia, both as expected, are beginning to try and create some wiggle room to back out from the "thousand to one" bet Stone made publicly last week to local Election Integrity advocates.

Several national Election Integrity individuals and watchdog organization VelvetRevolution.us (VR) have staked $1000 on the bet and have helped to facilitate the participation of Hursti. None of the press coverage dealt with that point. [DISCLOSURE: The BRAD BLOG is a co-founder of VelvetRevolution.us and would be more than willing to discuss that aspect with any such media, if they wish. We can be reached here.]

Stone's video-taped shot-from-the-hip "bet" to local advocate Maxine Ewig, allowing that he would arrange with a programmer to "set up an appointment with one of our machines and...verify that they can manipulate that machine," was issued during a public meeting of the Board of Supervisors last week. (Streaming video of the exchange can be seen here, a text transcript is here.)

Stone also added, "And maybe we should bring the media in and let’s see if your programmer can manipulate that machine. My guess is that it is not gonna happen, but I’m willing to take a chance on that."

Well, the "media" are "in" for the moment. Yet reports in the news today already indicate that the rest of Riverside County's all-Republican 5-person Board of Supervisors and the voting machine company, Sequoia, may be less confident than Stone that their equipment can stand up to any actual independent security analysis such as one that Hursti would be likely bring.

For the record, our call to Stone yesterday for comment has still gone unreturned.

Press reports today reveal that both the board, the company --- and even Stone --- are already laying the groundwork for several "outs" for themselves. Anyone surprised? Let's take a look...

An expert computer security programmer who successfully manipulated the results of a mock election held on a Diebold optical-scan voting machine in Florida, as well as finding major security vulnerabilities on a Diebold touch-screen system in Utah, has agreed to meet a public challenge to "manipulate" a Sequoia voting system in Riverside County, California.

Finnish computer security expert Harri Hursti, who along with Dr. Herbert H. Thompson
of Security Innovation accomplished the landmark Diebold voting machine manipulations, has agreed to meet the open challenge put forward by Riverside County Supervisor Jeff Stone during a video-taped public board meeting last week.

Several national Election Integrity individuals, along with the non-partisan watchdog organization VelvetRevolution.us, have agreed to stake $1000 to meet Stone's "thousand to one" bet that the county's voting machines, made by Sequoia Voting Systems, can indeed be manipulated.

As The BRAD BLOG reported last week, the gauntlet was thrown down at the county's Board of Supervisors meeting when, during the public comment period, Stone issued his challenge to Maxine Ewig, an Election Integrity advocate from the SAVE R VOTE project of Democracy for America (DFA) - Temecula Valley.

(Our original story linked to a video of the exchange as posted on the County's website. A different camera angle on the challenge, revealing an interesting expression or two from the County's Executive Officer, Larry Parrish, is now posted here in Streaming Flash Video, appx. 2 and a half minutes.)

The SAVE R VOTE members were on hand at the meeting to express a series of concerns about the security and accuracy of the county's voting systems in light of problems which plagued the county's 2006 election. The county has decided to create a "Blue Ribbon Commission" to look into reported problems, but announced today that they will not be including any of the Election Integrity advocate citizens from SAVE R VOTE on the panel.

After denials from several Supervisors that there were serious security concerns in their voting systems, DFA's Maxine Ewig had informed the board during the public comment period last week that she had been told by a programmer that they "had not seen any machine or program that could not be manipulated."

In response, Stone interrupted to make his challenge, offering "to set up an appointment with one of our machines" in order to "verify that [a programmer] can manipulate that machine."

"I'm gonna bet a thousand to one that they cannot do it," Stone said, before adding, "we should bring the media in" to witness the attempted manipulation.

It wouldn't be the first time Hursti hacked a voting system in front of the media. Both he and Thompson were seen performing a now-infamous Diebold optical-scan system hack in Leon County, Florida, in the recent HBO documentary film Hacking Democracy.

Hursti, writing to The BRAD BLOG from Shanghai where he is currently working on another project, decried the lack of "hack testing" for electronic voting systems now used across America and welcomed the opportunity to test Riverside's Sequoia system.

"It is important that all vendors' makes and models are tested against obvious attacks," he wrote.

Prior to the final confirmation of Hursti's agreement to participate in the hack test, DFA - Temecula Valley issued a press release this morning lauding Stone for the opportunity being presented for independent experts to test the county's voting system vulnerabilities. (Complete press release posted at end of this article.)

In an email sent to The BRAD BLOG earlier today, Ewig wrote that she was "pleased [to have] Hursti's commitment to come to Riverside County to demonstrate the vulnerability" of the Sequoia systems.

Security Innovation's Thompson --- who worked with Hursti, along with election watchdog group BlackBoxVoting.org, on the hack of the Diebold optical-scan system in Leon County, FL, last December as well as the touch-screen system last March in Emery County, UT --- was also excited at the opportunity to examine Riverside's voting system....

A li'l bit of Sunday morning radio. Me with the always delightful Christine Craft of Sacramento's 1240am Talk City sitting in over at San Francisco's (and Oakland's and San Jose's and elsewhere's) big old KGO 810am. Talking Election Integrity with a loads of good callers incoming. Unfortunately, none of them called me a whacko, tinfoil hat-wearing conspiracy theorist no matter how hard I tried. Funny, but where I almost always used to get such callers, we don't seem to hear from them much (if ever) anymore. Go figure.

The appearance is just 34 minutes --- after I removed the commercials from the hour long segment --- of Sunday morning Braditude for your listening pleasure...

-- Brad with Christine Craft on KGO, 12/10/06 [MP3]

Riverside County, California, Supervisor Jeff Stone laid down the gauntlet to Election Integrity advocates at a public meeting on Tuesday, offering to bet them "a thousand to one" they can't hack into the county's electronic voting machines made by Sequoia Voting Systems.

Near the end of a contentious meeting of the Board of Supervisors, in which the county's five person board accepted the final canvass of results from the November 7th election from Riverside County Registrar Barbara Dunmore, Stone made his challenge to one of a number of activists from the SAVE R VOTE election watchdog coalition. The advocates were on hand to give testimony about problems they witnessed during the recent election, to present their own report to the board (PDFs: Report, Photos#1, Photos#2), and ask that at least one of their members be appointed to a "Blue Ribbon Commission" being convened by the county to investigate problems during the election.

In the videotaped exchange with Stone, Maxine Ewig, a co-founder of Democracy for America - Temecula Valley and a SAVE R VOTE member, tells the county supervisors that she was informed by a programmer that they "had not seen any machine or program that could not be manipulated."

In response, Stone interrupted Ewig's testimony to offer his challenge.

"I'd like to challenge that programmer," Stone says in the video clip (complete transcript of the exchange at the bottom of this article), "and I'd like to set up an appointment with one of our machines and I'd like him or her to verify that they can manipulate that machine. And I'm gonna bet a thousand to one that they cannot do it...I'll make that challenge."

Stone's stunning challenge continued with an invitation to the media --- reporters from several local papers were on hand --- to witness the attempted voting machine manipulation.

"I'm challenging you to challenge her or him and I...I believe we can make that happen," he said. "And maybe we should bring the media in and let's see if your programmer can manipulate that machine. My guess is that it is not gonna happen, but I'm willing to take a chance on that."

How far Stone may be "willing to take" that "chance" remains to be seen. In the wake of the news, which was reported today briefly by both the Desert Sun and the Press Enterprise, several national Election Integrity advocates have informed The BRAD BLOG that they would be willing to put some money on the line towards accepting Stone's challenge. We hope to have more details on that as the matter develops.

Riverside is the first county in the nation to use touch-screen voting systems. Local Election Integrity advocates have, for some time, been waging a fight for more transparency, security, and accountability from the county and, specifically, the county's Registrar of Voters Barbara Dunmore.

SAVE R VOTE member Tom Courbat was on hand for the proceedings. Courbat is one of the activists who, as The BRAD BLOG broke in the days just prior to the November 7th election, helped reveal the "Yellow Button" on the back of Sequoia touch-screen machines which could allow a voter to cast as many votes as they wish on those systems.

He complained during his testimony to the board about the planned make up of the county's "Blue Ribbon Commission." The county is convening the panel to investigate several failures during the recent Election and the "operational problems of the registrar of voters office," as Courbat told us tonight.

Courbat suggested to the board that they appoint at least one citizen Election Integrity advocate to the panel after, earlier in the meeting, a board member had responded to critics by saying they didn't want to include anybody who was predisposed against electronic voting systems.

Courbat countered by suggesting that a mix of those both in favor and against such systems would be a healthy idea for the commission. The board seemed less than moved by the idea, and Ewig then proceeded by opening her own testimony informing the board that members of SAVE R VOTE had not come to this cause originally against electronic voting. Rather, she explained, their current position was based on "their own study over the past two years."

It was then that Stone answered with his challenge. The exchange is available on the county's website via online video here (Scroll to the 2:10:00 mark for the beginning of the exchange. NOTE: This video link may only work in Internet Explorer w/ Media Windows Player. Another video of the same event, from a different camera angle --- with some priceless expressions from at least one of the Supervisors --- is now posted below in Streaming Flash.)

-- Streaming Flash Version...

It is unclear whether or not Stone is aware of either Sequoia's "Yellow Button" issue or, as we reported earlier this year, that Dr. Michael Shamos of Carnegie Mellon University accidentally hacked into a Sequoia system while demonstrating how such systems couldn't be hacked.

Shamos, a supporter of electronic voting systems, was testing Sequoia's voting machines for the commonwealth of Pennsylvania when he was able "in an instant," as it was reported last March, "to transform a handful of votes into thousands."

We'll hope Supervisor Stone has some deep pockets, as he may have to come up with quite a few dollars to back up his "thousand to one" challenge.

A complete text transcript of the short exchange between Supervisor Jeff Stone and Maxine Ewig follows in full...

I appeared on the "Week in Review" program, hosted by Bob Jimenez, a week or two ago out here in Los Angeles to discuss fallout from the 2006 Election Meltdown. The show was taped on November 17th and aired the following week. Thanks to Alan Breslauer, the video is now finally available below here at The BRAD BLOG.

Discussion included problems in California from Riverside to Monterey, Sequoia's yellow button, Diebold's sleepovers in San Diego, lack of paper ballots and voters turned away without being allowed to vote by the thousands around the country, Sarasota's mess, the failures of Bruce McPherson, Michael Haas, and other lousy elections officials, the need for reform, the mainstream corporate media's dismal failure, and more.

It's about 15 minutes of mind-blowing information, crackling wit, rapier-like rejoinders to the skeptics on the 5-person panel program, and generally brilliant repartee from yours truly...Well, it's about 15 minutes anyway.

On a side note, the show airs on the Time-Warner Channel out here since they swallowed up Adelphia over the summer. Though the public-affairs program has been running for nearly 20 years in LA, it looks like T-W is about to stop airing it all together. A great pity, that. Yet another casualty of unchecked mass media consolidation.

-- Streaming Flash version...

In an exclusive statement sent to The BRAD BLOG earlier today excoriating the privatization of America's voting system, whistleblower Stephen Heller says, "Diebold has shown they cannot be trusted to run elections in America."

He oughta know.

As we reported last night, Heller pled guilty yesterday in an agreement with Los Angeles prosecutors, after his arrest earlier this year on felony charges related to his release of attorney-client privileged documents he obtained while working as a temporary word-processor at Diebold's law firm, Jones Day.

The agreement, which required him to sign an apology, pay $10,000 in restitution, and not discuss the documents he released, may also allow Heller's felony conviction to be reduced to a misdemeanor charge after one year of "good behavior."

As well, in exchange for Heller's signed apology and commitment not to discuss the documents themselves (which are already publicly available since he released them originally to both the media and Election Integrity activists), Jones Day signed an agreement that they would not sue him in civil court in the matter.

In a phone call this afternoon, Heller explained Diebold's enormously powerful law firm --- where he had worked at night while pursuing an acting career by day --- had informed him that they'd planned to convert any criminal felony conviction in the case into a civil suit. Had the case gone to trial, he explained, and been successful, Jones Day had promised a lawsuit claiming losses of "well over a million dollars." Such a suit "would have left my wife and I impoverished for the rest of our lives," Heller says.

He went on to tell us that the plea deal conviction was characterized by his attorneys as a "wobbly felony" --- one that will likely be reduced to a misdemeanor after a year, as long as he "doesn't do anything bad." He quickly added, "which I have no intention of doing."

A court date of Nov. 15th, 2007, has been set to review the case in order to determine if the sentence will be reduced and, among other things, allow Heller to have his right to vote in California restored!

"Yes, I am now a disenfranchised voter as a convicted felon," he told us today with no small amount of irony in his voice.

Despite California having decertified Diebold voting systems in 2004 after Heller's release of documents showing the voting machine company had violated state law and that they may have been planning to lie about it to state officials --- and even after the state and election watchdog BlackBoxVoting.org eventually agreed to settle a fraud complaint with Diebold for $2.8 million dollars in the bargain --- Heller is, for the moment, unable to vote in the Golden State due to his conviction.

All of this, of course, despite those who've denounced the arrest of Heller on the grounds that they believe, as we do, that he is an heroic whistleblower who exposed important information --- illegally or otherwise --- because it was in the best public interest of the country.

California does have a "Whistleblower Law," which prevents employers from exacting retribution against an employee who "has reasonable cause to believe that the information [being released] discloses a violation of state or federal statute." That law, unfortunately, doesn't seem to apply to apparently over-zealous County Prosecutors such as Los Angeles's Steve Cooley.

Heller has promised that he will share "the whole story" with us in a Guest Blog special to The BRAD BLOG after the holidays.

In the meantime, however, his agreement at least does not keep him from speaking his mind about Diebold, electronic voting, or the private corporatization of our public democracy. Earlier today, Heller followed up on his promise of last night and emailed us the following statement with his opinions of the current state of our electoral system in America:

The BRAD BLOG wishes to express our deepest and most heart-felt gratitude to Heller for his courageous and selfless act of civil disobedience. As bad as our electoral system is now...and make no mistake, it is in tatters...we shudder to ponder the state we'd currently be in without patriots like Heller who continue to fight for free, fair, honest, and transparent elections in America --- at no small cost to either themselves or their families.

On behalf of The BRAD BLOG and likely millions of democracy-lovin' Americans: Thank you, Mr. Heller.

UPDATE 8:48pm PT: Oakland Tribune's Ian Hoffman is the first MSM'er out of the box to pick up on this story. Hoffman first reported on Heller when when the Trib ran the Diebold documents given to them while Jones Day sued to stop them. His coverage tonight is quite good and worth the read.

Stephen Heller, the Los Angeles whistleblower who turned over documents from Diebold's attorney, Jones Day, in 2004 showing the Voting Machine Company had illegally installed uncertified hardware and software in California --- and was preparing to lie about it --- has pled guilty, according to a statement tonight from the LA County District Attorney's office.

In an email moments ago from Heller, he tells us that he and his wife "are very happy it is over."

Heller, whose story we detailed in an article [PDF] published by Hustler some months ago, was a temporary worker at the voting machine company law firm when he stumbled across the troubling documents.

At the time, we quoted Michael Kohn, general counsel for the National Whistleblower Center, as saying, "This is a very rare instance. In fact, the only one of which I’m aware, in which a whistleblower has been charged with a felony. I find it outrageous."

Outrageous indeed --- especially considering Diebold voting systems were decertified by the state when it was found the company was attempting to game the certification process, shortly after Heller shared the documents with the Oakland Tribune and election watchdog BlackBoxVoting.org.

But Heller doesn't have the same kind of money for high-priced attorneys that Diebold does (that would be your money that Diebold uses for this sort of thing, by the way); we're not suprised he opted for the deal.

In an email message from Heller sent to The BRAD BLOG tonight, he wrote:

The LA County DA's statement says Heller pled to "unlawfully accessing the company computer in connection with its legal representation of Diebold Inc." and they quote his formal "apology" as follows:

A notice added tonight to the Stephen Heller Defense Fund website says "The case has been resolved! More details will follow soon." It goes on to thank supporters, urging them to "check back soon because Stephen is going to post the entire story here soon."

Heller tells us he's being contacted by the media tonight and plans to send a more detailed statement to The BRAD BLOG by morning.

UPDATE: 11/21/06 5:00pm PT: As promised, a new story, including a fresh exclusive statement from Heller --- concerning his thoughts on Diebold, American Elections and that he may have his sentenced reduced in a year --- is now posted here.