-- Brad Friedman, The BRAD BLOG

As a fairly well-known Election Integrity journalist who has personally covered, for years, the myriad election woes of thousands (if not millions) of voters around the country who have tried to bring seemingly endless stories of votes flipped on e-voting systems to the attention of officials, these stories always continue to be remarkable to me, even if not to many others in the rest of the mainstream media.

It's even more troubling when one realizes that so little ever seems to be done in light of so many of these horror stories, as those very same failed systems are still deployed across the nation, with little or no modification to correct the mountains of documented problems even now, as we head towards an election likely to be of historic proportions this November.

What follows is yet another one of those stories, where a voter had vote selections flipped by the electronic voting system, such that candidates were chosen other than the ones intended to be selected by the voter, though no fault of his own.

But this time, the voter is me.

Though I've covered so many of these stories, it was nonetheless remarkable to see it happen before ones very eyes, as occurred yesterday when I voted here in Los Angeles during our very low turnout California state Primary election.

The ES&S electronic voting system that I used to try to vote on yesterday, ended up flipping a total of 4 out of the 12 contests and initiatives for which I had attempted to vote.

Right before my very eyes, the computer-printed ballot produced by the voting system I was using, incorrectly filled in bubbles for four of the races I was voting in. Had I not been incredibly careful, after the ballot was printed out, to painstakingly compare what was printed to what I actually voted for, I'd have never known my votes were being given to candidates I did not vote for.

Had I been a blind voter --- as the system I was using is largely intended for use by the disabled --- I would have cast my ballot without having a clue that a full 40% of the votes I'd tried to cast for various California Superior Court judges were flipped to other candidates...

Yes, four different selections, on my very own ballot, were flipped before my very eyes when I went to vote in yesterday's California state Primary Election.

One might think that someone might have been smart enough to make damned sure, at the very least, that the equipment where that widely-known Election Integrity muckraking journalist jerk, Brad Friedman of The BRAD BLOG goes to vote, would have been thoroughly tested and working as it was supposed to. One might think that. But if so, one would be wrong.

Full story soon...

UPDATE: Full story now posted here...

We've long argued that same-sex marriage was, for all intents and purposes, a done deal. Marriage equality, under virtually any legitimate conservative reading of the U.S. and most state Constitutions, cannot be denied.

If the segment, at right, from tonight's O'Reilly Factor is any indication, it looks like even Bill O'Reilly is finally coming to grips with that fact, in light of the new poll showing for the first time that a majority of Californians are finally in favor.

Neither O'Reilly, nor his guest, "family law attorney" and "gay marriage opponent" Don Schweitzer, seem to be able to come up with a single legitimate reason to oppose it. The uncomfortable silences while they reach for something...anything...is really something to see. And if they've lost O'Reilly, well, the dead-enders may take a while longer to get the message, but it's over. The good guys will win this one...

Guest Blogged by Alan Breslauer

On Thursday, The BRAD BLOG interviewed Ron Shepston, who is running for Congress in California's 42nd District. The current holder of the seat is the ethically challenged Republican, Gary Miller (R-CA), who is regularly named as one of the Most Corrupt Members of Congress.

We first asked Shepston, an airplane engineer, about election integrity issues. Interestingly, despite running in the extremely "red" Orange County against the Republican Miller and expressing concern for election integrity issues in general, Shepston was not worried about the fairness of elections in his own district:

"I vote in my district and I do think we have fair elections there... I do worry about election integrity in general. I wonder what Republicans are afraid of when they don't want to have fair elections. I don't want to have to guess, I don't want to have to trust that my vote or that voters' votes count. I want verified ballots."

Unfortunately, as Orange County is one of two counties left in California where unverifiable DRE (usually touch-screen) voting machines have been allowed for use by all, Shepston seems somewhat out of step with the ability, or lack thereof, to verify even a single vote cast on such machines in his own district. Almost inexplicably, CA SoS Debra Bowen decertified use of almost all DRE systems in the state, other than one per polling place to meet federal accessibility voting standards, and DRE machines made by Hart InterCivic. Shepston's Orange County still uses those wholly unverifiable Hart voting machines.

Shepston, who says he considers himself part of the netroots movement, is a political newcomer who was encouraged to run for office by fellow bloggers at the Daily Kos website. Yet despite the fact that many of these bloggers are helping with Shepston's campaign, he directed some harsh words towards the Daily Kos:

"It's not the community that it used to be... And what's happened is that now that I've been there for so long I know the good writers and I go to just them. I don't branch out because it seems like every other diary that I get to it's just not worth it to me anymore. I don't learn anything... It's turned into a shouting match sometimes. It's not the same community that it was when I was there before."

Our complete interview (6:46), shot this week at a fund raising event here in Los Angeles with Ambassador Joe Wilson (more videos to come), follows below. You can find out more about Shepston at his Ron Shepston for United States Congress website...

California's Republican-dominated Supreme Court --- in a conservative finding --- has just found the state's ban on same-sex marriage to be in violation of the state Constitution.

And yes, that's a conservative finding, in that it respects both the state and U.S. Constitution and keeps Government out of our bedrooms and private lives.

For those phony "conservatives" who don't understand the difference, a special note: The ruling does not require you to go out and marry someone of the same sex. So you don't need to worry your little selves about it one bit. You get to stay married to your current partner as usual. If you wish.

Guest Blogged by Alan Breslauer

...Or did they?...

...Well, go figure.

That skill set should come in very handy down there in, of all places, San Diego, where the far-right Republican Board of Supes, and the far-right Republican Registrar of Voters office, have never met a hackable Diebold electronic voting system they didn't love.

I recall "Strider" (Krvaric) and the "Fairlight" boyz from my own C-64 and BBS "warez" swapping days in the late 80's. Those guys, and the other incredibly competitive pirate crews, could crack anything, anytime, usually within minutes after a new piece of software hit the market (and often, even before it did!).

But no doubt, the air-tight, mission-critical, impenetrable security in Diebold's voting systems would be beyond the reach of d00dz like Strider and friends. And, of course, there's far more to gain by a 17-year-old "Strider" cracking the codes of, say, International Karate Plus and Shoot 'em Up Construction Kit than there ever would be for him, as county GOP chair, to hack an election in San Diego, right? I mean, what would possibly be the upside to that?

Miriam Raftery's excellent two-part investigative exclusive for RAW STORY (and for me, at least, a trip down memory lane) is here (Part 1) and here (Part 2).

In Aurora, Illinois, today, Beacon News' Dan Campana files a very good report on the federal fraud suit filed against Austin, Texas, based voting machine company Hart InterCivic. The suit, alleging dozens of false claims and fraudulent activities by Hart in order to receive federal Help America Vote Act (HAVA) money, was filed originally by former employee turned whistleblower William Singer back in 2006, but did not become unsealed until March 27th, when The BRAD BLOG covered it, along with posting the full stunning complaint [PDF].

Beacon News is based in Kane County, IL, which uses the faulty Hart voting systems in question.

Campana's report today --- which quotes yours truly in a number of places --- is the only corporate media coverage of the lawsuit in the nearly three weeks since the case was finally unsealed. Until now, there's been the fairly extensive coverage found on this blog, an item on the same day the case was unsealed filed by Kim Zetter at WIRED's "Threat Level" blog (which we replied to here), and a very short squib from AP on the same day, which, according to a quick Google News search, was carried by only a single news outlet, CBS 4 in Denver.

(For the record, our extensively detailed and sourced report on Hart's attempted takeover of Sequoia late last week has been picked up by nobody, other than ComputerWorld where we, ourselves, filed a short summary report. That, despite officials from both Hart and Sequoia having confirmed the accuracy of our report, and the fact that Hart, which controls some 8% of the voting market in this country, is about to swallow up Sequoia Voting Systems, which controls 20% of it, to become the nation's second largest e-voting machine vendor. We'll know by Tuesday at the latest, most likely, if Sequoia was able to save itself from Hart's hostile takeover.)

So with a dearth of coverage anywhere but here, we can heartily recommend Campana's report on Singer's suit. His article includes comments from us (as mentioned), one of Singer's attorneys, Hart spokesperson Peter Lichtenheld (who shamelessly plays the tired old "conspiracy theory" card), some Election Integrity advocates from the non-partisan Illinois Ballot Integrity Project, and some state and local Kane County election officials who have deluded themselves into believing their Hart machines are safe for use in American democracy.

When Campana interviewed us for his story, we suggested he ask any of the election officials he planned to interview for a single piece of evidence to prove that any single vote, ever cast during an election on a Hart DRE (Direct Recording Electronic) voting machine in the county, has ever been recorded accurately, as intended by a voter.

Though Campana references our challenge in his report ("Friedman contends no government officials can prove the votes cast on electronic machines can be accurately linked to tallies",) he doesn't quote any of the officials as being able to offer such evidence. Little surprise, because they can't produce such evidence. It's strictly impossible. Yet they continue to use these machines anyway.

But he does manage to get a few amusing and wholly unsupportable statements from some of those deluded officials. We're delighted to spend our Sunday dismantling them --- both the statements, and the officials...

-- Brad Friedman

As if Sequoia Voting Systems doesn't have enough trouble already, the company now needs some $2 million dollars in cash...quickly. Without it, it is likely to be subsumed by one of its nearest competitors, Hart InterCivic of Austin, TX, as soon as next Tuesday, The BRAD BLOG has learned.

In what could well be a major shift on the American election industry landscape --- and certainly on elections themselves in dozens of states across the country --- voting machine company Hart InterCivic informed the current owners of the beleaguered Sequoia of their intention to acquire ownership of the company in a move which could take effect as early as next week.

The attempted hostile takeover --- which, we've learned, has been quietly in the works behind the scenes since mid-February --- has set off a building panic among the senior management and owners at Sequoia, whose money woes had already led them to schedule a shut-down of their Oakland headquarters. That shop is to close within a matter of months, as the operations for the company are to be consolidated at its Denver offices.

The takeover by Hart is made possible in the wake of a deal made by Sequoia's current owners, SVS Holdings, Inc., with its former owners, the off-shore consortium Smartmatic. Smartmatic was forced to give up control of the company after the media and Congress noticed in 2006 that the company had ties to Venezuela's Hugo Chavez. The officers and owners of SVS are comprised largely of previous Sequoia officials who took over the company after Smartmatic's failed attempt to find an outside buyer in 2006. The deal resulted in an agreement between SVS and Smartmatic for the latter to hold a $2 million note from the purchase. Smartmatic now appears ready to sell that note to Hart as part of a $16 million dollar deal which SVS has a contractual right to match within a 60-day period, ending on April 15th.

Sequoia is believed by election experts to be this country's third largest voting machine company, followed by Hart. The combined operation, should the takeover be completed, could well create a new powerhouse in the industry, displacing #2 Diebold/Premier, and coming up just behind the country's currently largest election vendor, ES&S.

Court documents obtained by The BRAD BLOG reveal that Hart notified SVS of its intention to purchase the $2 million note held by Smartmatic on February 15th, giving the group of owners and share holders of SVS --- including CEO and President Jack Blaine, and VPs Michelle Shafer and Edwin Smith (whose names BRAD BLOG readers may recognize) --- just 60 days to match the offer Hart had given to Smartmatic. As the deadline nears, Due Dilligence processes have begun, and are near the final phases of completion at Sequoia...whether company management likes it or not.

Hart's move has sent Sequoia/SVS executives into a legal and financial tizzy and --- perhaps taking a page from Hillary Clinton's campaign book --- the company seems to be throwing the legal kitchen sink at both Hart and Smartmatic in an attempt to nullify Hart's offer. Court documents reveal arguments that Hart's is not a "bona fide" offer that SVS is legally required to match. So far, however, those legal maneuvers, reflected by a dizzying array of motions and cross-motions, suits and counter-suits --- completely unreported by anyone in the media until now --- have all been summarily and soundly rejected by the Delaware magistrate adjudicating the matter.

Every legal effort by Sequoia and SVS to dispatch with the hostile takeover attempt has failed miserably so far, leading Vice Chancellor Stephen P. Lamb of the Court of Chancery in Delaware to even describe one such legal theory of SVS' as...(big irony alert!)...a "conspiracy theory"!

But while Sequoia faces a plethora of legal liabilities concerning their oft-failed voting systems, Hart InterCivic faces its own share of challenges with a pending --- and damning --- federal fraud/qui tam suit against the company, as unsealed late last month. Moreover, Hart's acquisition plan could face scrutiny from members of Congress and Treasury Department officials, as well as states across the country who thought they had turned over control of their elections to Sequoia, only to soon learn there will be a new owner, not of their choosing, of the secret software and devices which determine the results of their public elections.

While litigation over claims of fraud and failure in both company's voting systems await, so does at least one major prize to the victor of this grudge match: New York state's soon-to-be-completed $100 million deal with Sequoia...or maybe now with Hart...or...whoever...

Guest Blogged by Alan Breslauer

The BRAD BLOG's own Brad Friedman and other Election Integrity advocates spoke at the historic Joint Informational Hearing Discussion Of Problems Faced By Voters At The 2008 Presidential Primary Election held in Los Angeles on Friday (Brad covered one aspect of the hearing on the L.A. County "Double Bubble" ballot debacle quickly last week; our full body of coverage on the matter is posted here). However, Brad almost did not get a chance to say his piece as the Sergeant-at-Arms almost tossed him out of the hearing on multiple occasions for applauding (video below, 2:20):

Despite his "disruptive" antics, Brad was eventually allowed to speak to the panel about the Los Angeles County "Double Bubble" problem (video below, 2:23)

More video from the Election Integrity advocates' testimony at last week's hearings follows below...

We spent many hours yesterday at a joint legislative hearing, at the California State Ronald Reagan Building downtown, where CA SoS Debra Bowen, former L.A. County Registrar Conny "Condoleezza" McCormack, current acting Registrar Dean Logan, who was "greeted...with boos", and others all testified on the "Double Bubble" Ballot Fiasco. It went on for more than three and a half hours before the actual aggrieved parties (the voters of L.A. County) were allowed to testify for "30 seconds to a minute" each.

Our own Alan Breslauer was also there taping and may have some video here soon (including, perhaps, my quick testimony, and the continuing amusing threats of the Sergeant-at-Arms to throw me out.)

The BRAD BLOG overheard Logan in the hallway, desperately working to be bumped from "acting" to actual Registrar, as he slimed an Election Integrity advocate who had just testified against him. Logan was heard telling the top aide to one of the L.A. Board of Supes that one of the local, volunteer EI advocates was "a pathological liar." That, just minutes after Logan had attempted to take some responsibility for the fiasco --- when the media's cameras were rolling --- during his actual testimony. As we know the EI advocate in question, and know him to be an exceptionally stand-up guy, we informed Logan, and the aide, that he was incredibly out of line, and flat-out wrong. Again.

But it was McCormack who was met with the most derision, by audience and Legislative inquisitors alike, as she dissembled to the panel and attempted to blame Bowen's "Top-to-Bottom Review" of voting systems for her own failure, disingenuously saying the SoS's efforts to do the job she was elected to do was the reason that McCormack couldn't have fixed the problem before it disenfranchised thousands of legal voters again this year...

As we wait for the next round of thousands of disenfranchised voters to emerge from OH, TX, VT, RI, or beyond, Los Angeles County has finally finished counting its infamously disastrous "Double Bubble" ballots from the Feb. 5th Super Tuesday Primary in California.

The final numbers, in just in time to meet today's local certification deadline, are supposed to hearten us because the county Registrar's office chose to not count only some 12,000 valid, legally cast votes in the state's open Democratic Primary.

What a victory! It's kinda like celebrating the great success of the troop "surge" in Iraq where "coalition" fatalities have plummeted from pre-surge levels of 2.39 dead troops per day all the way down to 2.37 dead troops per day.

As we predicted, many of the districts counted resulted in very lopsided results. That was likely due to the horrible, unfair counting scheme the Registrar's office decided to use. The scheme disproportionately, and almost randomly, tossed out thousands of votes for some candidates, but tallied all of those for others --- even when they were all cast in the very same precinct, by the very exact same method. According to the results of this "supplemental count," as posted at the Registrar's website [PDF], it looks like our fears have come to pass in that department as well.

But there is a bit of actual good news in all of this, small comfort though it may be. Our concerns about the newly discovered uncounted provisional "Double Bubble" ballots, that we reported on Friday, were heard, even if our other concerns --- as attributed to us by name in today's Whittier Daily News coverage of the final tabulation --- were summarily dismissed by acting Registrar Dean Logan for unspecified "legal" reasons, according to that news report...

I spent most of yesterday and today on the phone with attorneys and officials trying to sort out the continuing, disastrous mess concerning the "Double Bubble" ballot fiasco from Los Angeles County's February 5th Democratic Primary.

That, despite what we see as this week's premature declaration of "Victory!" on Tuesday from our friends at the Courage Campaign, followed by their "We won!" email on Wednesday, as they celebrated after the county's acting Registrar announced his plan to count some (though by no means all) of the 50,000 or so still-uncounted ballots cast by Non-Partisan (NP) voters who had attempted to vote in the open Democratic Primary on "Super Tuesday."

During a late-night phone call from a local Election Integrity advocate last night, however, I was told that situation is even worse than previously reported or even known --- even by the county's elections officials --- to date, as another set of thousands of legal ballots may go uncounted, even under a new tabulating scheme being implemented by county officials...

[UPDATED 2/27/08 2:00pm PT, after speaking with Bowen's office about this. The update, which includes her current response to Logan's proposed counting scheme, is posted at the bottom of this report.]

I hate to counter the adulation of so many of the good groups out there claiming "victory" and "a happy ending" today in the "Double Bubble" ballot dispute in Los Angeles County, but I must. The "victory" they are now referring to, with the best of intentions, as "Great news!" is much less than it appears. Though if you don't look closely, it might otherwise look like a "victory." Unfortunately, it isn't.

Unless something changes, and quickly, Los Angeles County's acting Registrar of Voters Dean Logan is preparing to disenfranchise thousands of voters who cast legal ballots in the Super Tuesday Democratic primary election.

In the 3-page letter [PDF] sent by Logan to CA Sec. of State Debra Bowen yesterday, the recently-arrived, but still-befuddled, county clerk details how he now plans to potentially toss out thousands of votes, while inappropriately awarding disproportionate votes in favor of only some candidates, in response to the "Double Bubble" ballot debacle reported by The BRAD BLOG (most recently here), in great detail previously...

Our friends Bobby Kennedy Jr. and GoLeft.tv interview another of our friends, Election Integrity hero Ion Sancho, the legendary Leon County, FL, Supervisor of Elections, on the election messes in New Hampshire, Florida, Los Angeles, and everywhere else. (And thanks for the kind hat-tip, guys...even though The BRAD BLOG never claimed there was fraud in NH. But we're happy to let that slide, since the interview was live, and you might have been talking about someone else. And we know you mean well.)

WARNING: Markos Moulitsas and the other front-pagers and gatekeeping denialists at Daily Kos should not watch the above interview! If Robert F. Kennedy Jr. has a user record over there, you should go ahead and ban him right now! Make sure he's never allowed to write at dKos! In this interview, he has the temerity to talk about concerns with the way the New Hampshire Primary Election was conducted! Can you believe it?! And he's even a Hillary Clinton supporter! Clearly, he, like The BRAD BLOG, is "doing far more harm than good," as you like to say, for the Election Integrity movement! What will the Democratic Party and the Mainstream Corporate Media say about your site if that "nutter" Robert F. Kennedy Jr. is allowed to post over there?! Quickly --- before he damages the credibility of your site --- you better go ahead and ban RFK Jr. in advance! As you know, better safe than sorry, boys!