Guest Blogged by John Gideon, VotersUnite.org

Joining Karl Rove and Alberto "Fredo" Gonzales in announcing their retirements is Conny McCormack, the much embattled and always friendly to voting machine vendors Registrar of Voters for Los Angeles County, the most populous county in the nation.

In a statement on the LA County Registrar's website McCormack begins by saying:

Here's a picture from a Diebold brochure that features McCormack. Could our question that accompanies the picture, which we used in a recent article on McCormack's expressed concerns for Diebold's profits, be an omen of what is to happen in the future?

UPDATE FROM BRAD: Despite McCormack's exit statement to the contrary, as linked above, she has left Los Angeles County a mess. At this time, we have no idea what voting system will be used in next February's Presidential Primary Election, as she's sided with the vendors, rather than the voters, when it came to meeting the requirements for CA SoS Debra Bowen's "Top-to-Bottom Review" of voting systems.

Furthermore, while she joined the throng of California Registrars all too happy to rush to the media, to bitch about having just six months to implement Bowen's new security requirements with just six months before the next big primary, it's telling that she's willing to leave nation's largest county altogether just a month before that primary. What does that tell you about her (and the other Registrars') feigned concern about having enough time to make sure the voters are well served in the next election?

The question is not will she go to work for a voting company, the only question seems to be which one, and how soon.

Guest Blogged by Miriam Raftery

SAN DIEGO - “We believe dissent is patriotic. We believe in the constitution and we believe in the United States of America,” AM 1360 KLSD talk show host Stacy Taylor said on his morning show in San Diego on Monday, drawing cheers from a crowd of more than 500 listeners who showed up at 7am to rally in protest of Clear Channel's plan to convert San Diego’s only progressive radio station to an all-sports format.

Over 1,100 people have signed a petition calling on Clear Channel to keep KLSD’s progressive format since word of the planned format change leaked out late last week. Clear Channel executives have also been deluged with thousands of emails, virtually all in favor of keeping Air America on the air in America’s sixth largest city.

KLSD has received letters supporting KLSD progressive radio received from Senator Bernie Sanders, Democratic presidential candidate Senator Mike Gravel, and Ambassador Joe Wilson, husband of former CIA-agent Valerie Plame, whose identity was leaked to the press by a White House source.

“Clear Channel has no agenda to shut down progressive voices,” programming director Cliff Albert said at the rally. Consideration of a format change is motivated solely by falling Arbitron ratings and concerns over advertising dollars, KLSD insiders have disclosed.

But some expressed skepticism.

“I think this is another effort to shut down progressive voices where the message is most effective, especially here in a military town,” said Bree Walker, an Air America host in Los Angeles and former San Diego TV newscaster who recently purchased Cindy Sheehan’s ranch in Crawford, Texas.

Marjorie Cohn, president of the National Lawyers Guild and author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, shared that concern. “I suspect they’ll be starting in San Diego and moving around the U.S. to shut down the progressives,” she predicted...

Guest Blogged by Miriam Raftery

San Diego --- KLSD (AM 1360), the only progressive talk radio station in America’s sixth largest city, may soon convert to a sports format, multiple sources have confirmed.

A banner notice at the top of KLSD’s website this morning confirms that “Yes, there are rumours flying about KLSD changing format. And while various options are under consideration, we also want the progressive voice to remain heard in San Diego. Stay tuned and we will keep you informed. Thanks for listening and supporting KLSD.”

The website has also posted a request for supporters to pledge listening time for KLSD, as local activists have announced an email campaign as well as scheduled demonstrations at the station for next Monday in an attempt to keep the city's only non-"conservative" commercial talk station on the air...

By Brad Friedman from St. Louis, MO...

ED NOTE: Story now updated with additional information and statement from Secretary of State Debra Bowen.

"ES&S sold nearly 1,000 voting machines in California without telling the counties that bought them that they had never been certified for use in this state," CA Secretary of State Debra Bowen announced in a statement released moments ago. (Complete statement now posted at end of article).

"Given that each machine costs about $5,000, it appears ES&S has taken $5 million out of the pockets of several California counties, that were simply trying to follow the law and equip their polling places with certified voting machines."

"Not only did ES&S sell machines to California counties that weren’t state certified, it’s clear the machines weren’t even federally certified when the company delivered them to California,” Bowen continued in the no-holds-barred statement. "While ES&S may not like California law, I expect the company to follow the law and not trample over it by selling uncertified voting equipment in this state."

She went on to add that she intends "to go after the company for the full $9.72 million in penalties allowable by law, along with the original $5 million the company took from counties’ pockets."

She ain't kidding! ES&S, the country's largest distributor of voting machines, looks to be in a lot of trouble in California.

Earlier we reported that a public notice from the CA Secretary of State's office was posted this morning by Thad Hall of CalTech announcing that the company "has violated" CA Elections Code by modifying "hundreds of units of a version of the AutoMARK ballot marking device" without certification or permission of the Secretary of State...

By Brad Friedman from St. Louis, MO...

Enough. Enough. Enough already with this nightmare. It's time to decertify, ban, burn, crush, destroy all Direct Recording Electronic (DRE) touch-screen voting machines. Period.

DREs should never be allowed for use in another American election. Period.

Here's the lede from today's latest head-spinner, courtesy of Declan McCullagh at C|NET News...

ES&S machines are used in 38 states, and, of course, the ES&S spokesperson quoted in the article blames Ohio's procedures for allowing such records to be viewed by the public in the first place. Remember, the voting machine companies hate transparency and don't believe citizens should have the right to see anything concerning their own democracy.

They will also try to distract from the fact that the greatest threat to election integrity and security comes from election insiders --- such as voting machine company employees and elections officials --- rather than the public at large.

The well-reported and sourced C|NET article explains that the other major voting machine companies, Sequoia and Diebold, both deny that the same thing --- matching voters to votes --- is possible with their machines. An unnamed Diebold spokesperson, as usual, goes so far as to lie about the matter to the reporter, claiming they don't include time-stamps on the records for security and privacy reason. He/she added, "We're very sensitive to the integrity of the process."

That Diebold spokesperson is, of course, lying.

Last week, The BRAD BLOG detailed fraudulent claims on Diebold's website which said that on their touch-screen systems "the order of cast ballots is scrambled to further insure ballot anonymity." That claim runs counter to the findings of University of California's recent "Top-to-Bottom Review" of all certified voting systems in the state. The UC findings [PDF] on Diebold's voting system source code, as commissioned by California Secretary of State Debra Bowen, revealed precisely the opposite to be the truth...

Blogged by Brad from St. Louis...

I know it seems difficult to believe, but the first sign we've yet to be able to find publicly of a public official finally considering holding a voting machine company accountable for years of fraud and lying about their equipment, may come out of --- of all places --- Riverside County, CA!

Buried at the bottom of a report in yesterday's Press-Enterprise there is an interesting indication that County Supervisor Bob Buster, one of the most ardent supporters, previously, of touch-screen voting systems made by Sequoia, may be coming around to face reality, and may even be preparing to hold the company accountable for some of the millions of wasted county tax dollars...

Once again, in a world of horrible reporting and irresponsible journalists (Media Matters rounds up a bunch of them here) willing to pass on discredited, unevidenced sour grapes from Election Officials and Voting Machine Company spokesliars, it's syndicated columnist Tom Elias who cuts through the crap and tells the truth about those "loser" Officials.

Elias also validates the fine choice we made in the only official candidate endorsement at The BRAD BLOG.

Here are a few money shots, from one of the very few articles we've been able to find that gets it right, since the release of CA Secretary of State Bowen's landmark, independent review of the utter failures of every single electronic voting system that has been rubber-stamp certified by her horribly irresponsible predecessor, Bruce McPherson, and the near-entirety of CA Elections Officials who have been misleading and whining about the findings ever since...

Blogged by Brad Friedman from the road in Oklahoma...

"By November 2008, every voter would be given a verifiable paper ballot," Congressman Rush Holt (D-NJ) lies to Steven Rosenfeld at AlterNet today concerning his flawed Election Reform Bill (HR811) which is still pending in Congress.

Despite the comments to Rosenfeld, Holt's legislation does not require a "paper ballot" --- no matter how many times he tries to put lipstick on that pig.

The state of California recently found the very voting systems Holt is pushing to see used across the entire nation to be easily hackable and not in compliance with federal requirements for disabilities voters. The state also found the "paper trail" that Holt's bill is to require for such systems, and which California already uses, cannot stop the tampering with votes found to be so easy on such systems.

Despite CA SoS Debra Bowen having decertified and severely restricted the use of Direct Recording Electronic (DRE, usually touch-screen) voting machines with so-called "Voter Verified Paper Audit Trails" (VVPATs) last Friday --- as the Holt bill would allow for use --- and despite her having found that such paper trails do not protect voters and do not even meet minimal disabled accessibility standards, Holt continues apace to push his paper trail bill.

California's unprecedented independent study and actions "just adds more weight, more urgency to the need to pass federal standards," Holt told Rosenfeld concerning Bowen's appropriate decision to restrict the use of the systems. "We can't go into another federal election with machines that do no allow voters to verify their votes," he said --- despite the fact that his legislation does exactly that.

While Holt continues his disappointing campaign to deceive voters, media, and Congress Members into believing that "paper trails" are actually paper ballots, America seems to be moving on without him for the time being. In addition to the new restrictions in California, the use of DREs was recently banned entirely in Florida and New Mexico, and other states are re-evaluating their use of such systems.

HR 811's most powerful proponent/advocacy-group inside the beltway, People for the American Way (PFAW), is on record as preferring non-verifiable DRE voting systems over real paper ballots. They'd both do well to reconsider their positions, and adopt the voters' desire for paper ballots --- ones which are actually counted --- and a full ban on DREs.

Mr. Holt: Your deceptive misuse of the words "paper ballots" is a dog which no longer hunts. Please stop it.

[DISCLOSURE: I was asked to work with Holt's office on the language in HR 811 prior to its introduction in the U.S. House. Though I strongly urged they ban the use of DRE systems, that particular recommendation was not taken. I was, however, told that if I could convince PFAW to accept such a ban, they'd adjust their legislation immediately. So far, that has yet to happen. PFAW can be reached at PFAW@PFAW.org.]

Blogged by Brad Friedman from somewhere in Oklahoma...

The shameful assault by California Elections Officials on the state's voters in the wake of CA Sos Debra Bowen's correct, yet courageous, decision to decertify and then limit the use of Diebold and other vendors' unreliable, hackable touch-screen (DRE) voting machines continues.

According to yesterday's LA Daily News, Conny McCormack, the Registrar of Voters in Los Angeles County, is very, very concerned...about profits for Diebold!

Why is McCormack "so protective of the vendors," as Molina asks? The answer may lie in determining whom McCormack is really working for.

She's supposed to be working for the voters, of course, not the vendors. But that's never stopped Conny, apparently. Here's Cover Girl Conny as she appears on the Diebold sales brochure to help them sell their voting systems...

McCormack has, of course, joined --- and even led --- the state's Elections Officials in their the outragous (and fallacious) attacks on Bowen, the state's chief Election Official.

In the meantime, McCormack hasn't bothered to attack either Diebold for lying to her and us about the security of their voting systems, or ES&S --- the vendor of her paper based voting system, used by most Los Angelinos --- for refusing to supply their op-scan source code, as per state law, for Bowen's "Top-to-Bottom Review." The ES&S InkaVote system has therefore been completely decertified for the moment.

The vendors lie and withhold information illegally, but Conny continues to fight for them and their profits. Not one word on behalf of the voters. What a disgraceful display.

Blogged by Brad Friedman from Plano, TX...

Staying, as we were for a few days, just about five minutes from Diebold Election Systems, Inc., headquarters in Allen, Texas, we thought it might be nice to drive by and see the old place for ourselves late last Saturday night...

Filed by Brad Friedman from Diebold Country (Plano, TX)...

There have been some first class examples of horrendous journalism in the wake of CA SoS Debra Bowen's historic attempts to begin righting the e-voting wrong late last Friday Night. (You can see a bunch of them for yourselves linked in John Gideon's 'Daily Voting News' yesterday.) In story after story, Election Officials --- most ubiquitously Steven Weir, Registrar of Contra Costa and President of the California Assoc. of Clerks and Elections Officials (CACEO), but many others as well --- and Voting Machine Spokesliars are directly quoted making one demonstrably false statement after another.

The majority of the journalists covering the beat don't seem to have a clue that they are being lied to, or how to counter it. A good start, however, would be to improve the ratio of Vendors/Elections Officials quoted to the number of Election Integrity advocates quoted. In many of the stories, there is barely a peep from the EI folks, who actually know what's going on (versus the Journalists who don't, and the Election Officials and Company Employees who are willing to lie to them). There is also a dearth of reporting on the opinions of actual voters and how they feel, since they are the ones who will be most notably affected by Bowen's long overdue changes to the Golden State's voting system.

Of all the stories we've reviewed since Friday, however, this Sunday piece from John Wildermuth in the San Francisco Chronicle easily takes the cake for the most atrocious reporting, perhaps ever.

In his incredibly unbalanced, anti-Bowen article --- featuring the biased, misworded, and unsupported headline "Touch vote machine ban hurts counties" --- Wildermuth offers an astounding bit of "reporting" on Bowen's new restrictions for Direct Recording Electronic (DRE) touch-screen voting devices made by Diebold and Sequoia. In order to marginally meet federal requirements for a single disabled accessible voting device in each polling place (even though Bowen found that these systems do not meet such requirements), she's ordered no more than one such DRE device be used per polling place in counties who wish to deploy them for disabled voters.

Hold onto your hats, because Wildermuth, incredibly, mis-reported the point this way (emphasis added)...

We concur...

By Brad Friedman from Plano, TX, with help from Emily Levy of VelvetRevolution.us and Tom Courbat of SAVE R VOTE...

In a dramatic late-night press conference, California Secretary of State Debra Bowen decertified, and then recertified with conditions, all but one voting system used in the state. Her decisions, following her unprecedented, independent "Top-to-Bottom Review" of all certified electronic voting systems, came just under the wire to meet state requirements for changes in voting system certification.

Bowen announced that she will be disallowing the use of Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the Diebold and Sequoia companies on Election Day, but for one DRE machine per polling place which may be used for disabled voters. The paper trails from votes cast on DREs manufactured by those two companies must be 100% manually counted after Election Day. DREs made by Hart-Intercivic are used in only one California county and will be allowed for use pending security upgrades.

The InkaVote Plus system, distributed by ES&S and used only in Los Angeles County, has been decertified and not recertified for use after the company failed to submit the system source code in a timely manner to Bowen's office. LA County is larger than many states, and questions remain at this time as to what voting system they will use in the next election.

As The BRAD BLOG has been reporting in great detail for the past week since the reports were released, the "Top-to-Bottom Review" had found that all Electronic Voting Systems certified in California were easily accessible to hacking. A single machine, the testers discovered, could be easily tampered with by an Election Insider, Voting Machine Company Employee, or other individual in such a way that an entire election could be affected without detection.

In Bowen's conditional recertification she re-iterated that "expert reviewers demonstrated that the physical and technological security mechanisms" for the electronic voting systems "were inadequate to ensure accuracy and integrity of the elections results and of the systems that provide those results."

The Certification/Recertification documents for each of California's voting systems, including security mitigation procedures and other requirements for use, are now posted on the CA SoS website. The documents, in and of themselves, offer devastating indictments against the security and usability of each of the systems as revealed during Bowen's independent University of California "Top-to-Bottom Review."

Bowen, a Democrat, was elected last November largely on her promise to re-examine the state's voting systems. In an upset victory, she defeated Republican Bruce McPherson who had been appointed as Secretary of State by Gov. Arnold Schwarzenneger. McPherson had been very friendly to the voting machine vendors, allowing for the continued use of virtually every e-voting system submitted for state certification. Several of those systems had been previously revealed to have had grave vulnerabilities and included source code which was in violations of federal voting systems standards and in violation of state law.

The late-night press conference, following Bowen's decisions, was held at the SoS's office in Sacramento at 11:45pm PT, just in time to meet the state law requiring a six-month notification, prior to an election, for changes to certification of voting systems. California's Presidential Election Primary was recently moved up several months by the state legislature to February of '08.

The BRAD BLOG was able to listen in to the presser via a poor cell phone connection out of Bowen's office. As best as we were able to transcribe, these are our notes from Bowen's announcement and the questions from the media which followed...

Direct Recording Electronic (DRE/touch-screen) voting systems decertified and recertified for use by disabled only.
100% manual count for Diebold and Sequoia DREs.
One machine per polling place.

Diebold – Optical scan system: – decertified and recertified only if meets certain requirements.

Diebold TSx DREs – decertified and recertified subject to certain conditions. Only one machine in a polling place for use by disabled voters. Reduces risk of viral attacks that could infect central equipment.

Sequoia – Optec optical scan: – decertified and recertified – subject to conditions

Sequoia AVC Edge I and II (DREs) – decertified and recertified with a number of security requirements including only one machine in each voting location to allow independent access by disabled voters – concern regarding corruption of software and source code

Hart Intercivic – eSlate DRE: Used only by one county – decertifying and recertifying subject to security requirements. Has the least risk of the three systems.

ES&S InkaVote Plus - optical scan: (LA County only) – ES&S ignored my March demand to submit source code. ES&S eventually submitted source code too late for t2b review. Therefore, "I am decertifying the InkaVote Plus without recertification."

Voters are victims of federal certification process that has not done a job of assuring machines are accurate, accessible, secure.

I reject the notion that I should not require changes in systems solely because we already own them. She compares it to a recall of cars....When NASA finds a problem, they don't continue just because they've already spent the money. They scrub the mission and spend the money to get it right. We must do same with elections.

Blogged by Brad, just minutes down the road from Diebold Election Systems Inc. in Plano, TX...

[UPDATED MANY TIMES. ANNOUNCEMENT NOW TO COME AT 11:45pm PT, ACCORDING TO SOS OFFICE. SEE BOTTOM OF ARTICLE FOR LATEST UPDATES. DETAILS OF PRESS CONFERENCE NOW POSTED HERE.]

We were hearing "five o'clock hour." Now, the latest we're hearing for CA SoS Debra Bowen's announcement about what she plans to do with CA's electronic voting systems in light of her "Top-to-Bottom Review" (news of which has all but taken over The BRAD BLOG for the past week or so) is "around or after six PM tonight."

That would be 6pm Pacific Time. Around or after. We will, of course, let you know whatever we learn as soon as we learn it.

To review: Bowen has essentially three basic options that she can choose to make...

a) Do nothing, let everyone use the previously certified crappy, hackable, non-disabled accessible voting systems as are.
b) Decertify any or all of those systems.
c) Re-certify any or all of the "conditionally" with new security mitigation procedures in place --- such as no more voting machine "sleepovers," extra-large post-election audits, etc --- long enough to get the state through the February '08 primaries and/or November '08 general elections.

Or any combination of any of the above.

The SoS office is being exceptionally tight-lipped about their plans. And so, on pins and needles, we wait...Stay tuned...

UPDATE: By the way, while we're waiting --- and as I am currently parked literally minutes from the main headquarters of Diebold Election Systems, Inc., in Plano, TX --- feel free to check out their main web page. I don't know about other browsers, but using Firefox, all kinds of HTML code is sticking out that shouldn't be visible. These jackasses can't even code a webpage and we're relying on them to code our elections?! Oh, please someone save me...

UPDATE 5:50pm PT: Also, while waiting, you might enjoy this:

Nice that Hoyer and friends have the luxury of voting later and/or re-voting if they feel like it after their voting computer breaks down. Would that every American...

UPDATE 6:26pm PT from Emily Levy: Bowen press conference to be streamed live San Francisco Air America affiliate KQKE (960 AM) announced they will interrupt regular programming with the press conference when it takes place. However, no time has yet been announced. KQKE can be streamed online right here. (Click on "Listen Live.")

UPDATE 7:00pm PT: The good John Gideon reminds us that Bowen has until Midnight tonight (Pacific Time) to make her decisions. It's getting late here in TX, so we'll hope she doesn't wait that long. Her staff is still being frustratingly tight-lipped as of the past few mins...

UPDATE 8:33pm PT: Yes. In case you were wondering. We're still up and waiting...

UPDATE 9:49pm PT: More to look at while you wait...A 'Toon of the Moment' if there ever was one...

Comments below have become an Open Thread with guesses, speculation, and other questions about what Bowen may or may not do...Join us if ya like...

UPDATE 10:15pm PT: This just in via email from Bowen's press office:

UPDATE 11:15pm PT: Word just in from Bowen's office. Announcement to come (emphasis in original) "TONIGHT at 11:45 p.m." Here's the full press release...

Blogged by Brad from deep in the heart of Diebold Country Texas...

The Source Code Review sections of CA SoS Debra Bowen's independent "Top-to-Bottom Review" of voting machines were released yesterday after being scrubbed of some of the more dangerous, specific "road-maps" for hackers.

As expected, the reports are exceedingly troubling and damaging to the entire failed e-voting industry and Diebold, once again, is shown for the menace to democracy that its once-good name has now come to signify.

As reported by PCWorld...

Voting machine "sleepovers," anyone? (Yes, we're talking to you Mikel Haas, Deborah Seiler, and Michael Vu in San Diego!)

And finally, there's this --- bolding added so it can be seen easier by members of CONGRESS...

Got that, Mr. Holt and Ms. Feinstein?

And with that, we eagerly await Bowen's fateful decisions, due today, on what to do with California's electronic voting systems. She may choose to do a) nothing, b) decertify, or c) recertify with new conditional security elements. Today is Judgement Day. Stay tuned...