The lawsuit brought last week in San Diego to force Registrar Mikel Haas to obey an order from the Secretary of State's office that paper ballots should be counted as "normal ballots" was denied in San Diego Superior Court today.

The writ, originally filed in Appeals Court last week, was denied on jurisdictional grounds and refiled in the Superior Court. Due to time constraints at that point, the section of the complaint seeking to stop voting machine "sleepovers" (which have now been ongoing for a full three weeks in the county) was dropped when the case was re-filed.

The denial today, which had also sought to force Haas to inform San Diego voters at the polls of their right to vote on a paper ballot, will be appealed, according to Carlsbad, CA, attorney Ken Simpkins. Election Integrity organization VelvetRevolution.us' Strike Force continues to raise money to fund such court actions, as it did with the original filing and several others --- including the contested Francine Busby/Brian Bilbray special U.S. House election last Summer.

I spoke with Simpkins earlier today about the court ruling and the judge who didn't seem to understand the differences between provisional, absentee and "normal ballots." Paper ballots, requested by any California voter, are supposed to be counted as "normal ballots" on election night, according to a memo from the CA SoS.

As time is way short for me right now, here's a quick transcript of my notes of the conversation I had with Simpkins, describing the judge, who reportedly made his feelings known early on during the questioning when he referred to E-Voting as "the appropriate wave of the future"...

This just in from poll worker Patti Newton from San Diego, where Registrar Mikel Haas has been sending all of their pre-programmed, election-ready, hackable Diebold touch-screen systems home with poll workers on "sleepovers" since Oct. 16th.

Newton reports the machines have been going to high-school kids who have also been recruited to be in charge of those machines tomorrow! Have we mentioned that San Diego's Mikel Haas is amongst the worst most irresponsible Election Administrator's in the country?! From Newton...

But wait, she followed up with more!

Gosh...maybe there's a pattern here or something. Is there something to be concerned about here?...Here are just a few of the headlines from the National section (much more in the state-by-states) of today-only's 'Daily Voting News' from John Gideon...

This list is also notable because it contains the very first story ever on e-voting concerns (at least that I could find in a quick search) from the completely useless Los Angeles Times! Waytago, guys! Just in time! You win the BRAD BLOG's "Most Useless and Irresponsible Big City Newspaper in the Country" Award!

Their very first article comes today despite a mountain of problems for years, not to mention the last few months, across California, including the myriad disasters ("sleepovers" and everything else) just down the road in San Diego; a hapless Sec. of State who has approved one hackable, malfunctioning electronic voting machine after another (offering an ersatz blessing for the rest of the states from "the country's largest voting market," as Diebold calls us); and one of the most important Sec. of State races ever, with a real democracy champion, Debra Bowen, running against the inveterate liar and democracyhater, SoS Bruce McPherson.

Add to that list of reasons why the LA Times should be utterly ashamed of themselves is this comment in their own article today from one of the top scientists on McPherson's own team of voting systems advisors:

Of course, Jefferson's been saying that for months. But has the LA Times bothered to report any of it? Little wonder they haven't devoted a single article to this issue until just three days before the election. Nothing to see here at all. Move along. Don't read those headlines above. Everything's still just fine.

"Just push the yellow button and you can vote as many times as you want," Tom Courbat, an Election Integrity advocate from Riverside County, California informed The BRAD BLOG tonight. Not that we're in any mood to report more such stories, but this seems to be a big one. A very big one.

It seems there's a little yellow button on the back of every touch-screen computer made by Sequoia Voting Systems, that allows any voter, or poll worker, or precinct inspector to set the system into "Manual Mode" allowing them to cast as many votes as they want.

Concerns about the flaw were first reported some thirty days ago to California Secretary of State Bruce McPherson's office by Ron Watt, a Tehama County, CA precinct inspector who has been a poll worker in the county for the last fifteen years. And yet, as recently as a radio interview last Tuesday, McPherson --- who has been crowing about having the country's most stringent security process for voting systems --- denied he was aware of any security issues with Sequoia systems.

"They didn't care about it," Watt told us tonight about his "late September or early October" discussion with McPherson's voting systems chief Bruce McDannold. "He said he didn't think it was an important issue. He said I don't believe this is really a vulnerability."

Watt and Courbat disagreed and placed another phone call to the SoS' office on Friday after Watt received a copy of Sequoia's "Poll Workers Guide, Booklet #5: Troubleshooting" via a public records request in Tehama. On pages 19 through 22 of the booklet --- which is marked as "Confidential and Proprietary" --- he confirmed the simple manual override to the system. He'd learned about it years earlier and the new manuals confirmed that button was still in place. Even in the latest models of the Sequoia Edge voting systems (both models 1 and 2).

The complete sequence to override the system and enter manual voting mode, along with the Sequoia booklet received via Watt's public records request, is now posted here at BlackBoxVoting.org.

Watt had been taught to be a poll worker trainer by De La Rue, the former parent company of Sequoia, years ago when the systems were first brought into the county. The two men placed a conference call with McDannold last Friday after receiving the booklet. McDannold again reportedly downplayed the concerns, but said "he'd look into it," according to Courbat.

He called Courbat back on Monday afternoon to say Sequoia technicians had been in the SoS office and had confirmed the vulnerability. (A complete transcript of McDannold's Monday phone message left on Courbat's cell phone, confirming the security issue and describing the actions --- or lack thereof --- being taken, is at end of this article.)

Sequoia's voting machines are perhaps the most widely used in California, in some 19 different counties, including both Tehama and Riverside, which is known as the "Home of E-Voting" as it was the first county in the nation to deploy such systems. But identical Sequoia machines are also used in dozens of other states around the country including Florida, Illinois and elsewhere.

Thanks to the diligence of Watt and Courbat, it is now confirmed that all such systems are completely vulnerable to virtually anyone who wishes to cast as many votes as they please.

"I can do it in 18 seconds," says Watt. "I can train you to do it in 3 minutes. Just push the yellow button, wait 3 seconds and it chimes. Push the yellow button again, wait 3 seconds and it chimes again. Then it's all on the screen prompts. You're asked 'Do you want to enter manual mode?' and you push 'Yes'...And then you're on your way."

"You can then vote as many times as you want. You won't ever have to stop until someone physically restrains you from voting," he explained.

"But wouldn't someone hear the chime?" we asked...

A lawsuit naming San Diego County Registrar of Voters Mikel Haas as defendant has been filed in the California Court of Appeals seeking to compel Haas --- whom we've previously described as one of the nation's worst Elections Administrators --- to follow the orders of the California Sec. of State and supply Paper Ballots to all voters who request one. Further, the suit demands that Haas actually count those ballots on Election Night, in accordance with the State order, rather than create an "unequal class of voters" by reporting only touch-screen voting results that night.

As The BRAD BLOG reported yesterday, Haas has announced that he plans to defy the SoS order to count such paper ballots as "normal ballots" by refusing to count them at all until the Thursday after the election. He has also instructed poll workers not to inform voters of their right to vote on paper if they so choose and, according to the lawsuit, has failed to ensure that an adequate supply of paper ballots will be available for voters who wish or need them.

As well, the lawsuit --- funded by the VelvetRevolution.us Election Protection Strike Force --- seeks in its third action a peremptory writ regarding the current "sleepovers" of Diebold electronic voting machines, now underway in San Diego where poll workers will have kept the pre-programmed, election-ready touch-screen systems in their homes and cars for a full three weeks prior to the November 7th election.

-- Download the full complaint here [PDF]...
(Link fixed! The complaint is very very good, btw, and charges, correctly in our opinion, that Haas has failed in and abused his role as Registrar of Voters.)

Carlsbad attorney Ken Simpkins's suit, filed on behalf of San Diego County voter Kathy Peterson, seeks appropriate security logs and precautions to be instituted, since Haas has failed to do so via his "sleepovers," which lack apppropriate security measures. A recent blog item at Velvet Revolution (VR) has described Haas as "apparently preferring plausible deniability of scattering the voting machines to innumerable volunteers" over actual accountability.

The "sleepovers" are also in violation of both state and federal laws and security requirements, effectively decertifying them for use before the election even begins. San Diegans should have no basis, at this time, for confidence in any results reported from San Diego's election on November 7th, due to Haas's failures.

Haas, in an article on the lawsuit in the North County Times, says that complying with the SoS order to count paper ballot votes as "normal ballots" would be impractical.

"We can't count these ballots on election night," he told the NC Times. "They will be counted during the canvas period, which allows us 28 days. We can't count two things at the same time. We'll have our hands full just uploading the results from the precincts where people will be voting on touch screens."

By refusing to count paper ballots on Election Night, "Mr. Haas risks skewing the early visibility of San Diego election results, which could impact public perceptions and lead to premature concessions by candidates," according to a statement by Ken Simpkins.

The NC Times quotes Haas as saying there is no reason for candidates to concede prematurely. "It isn't over until I certify the election, and that's usually around 28 days after an Election Day," he said. "What any candidate does within those days is their business."

Haas' claim that "it isn't over until I certify the election" is in direct contradiction to the facts on the ground, revealed by last June's U.S. House Special Election to replace disgraced Rep. Randy "Duke" Cunningham in San Diego. In that matter, a contest was filed after certification of the election, as per state law, but was thrown out by a San Diego judge who ruled the U.S. House, not the courts or voters of California, had jurisdiction over any election challenges or recounts once the "winner" in the race, Brian Bilbray, had been sworn in by the House just seven days after the election. At the time of the swearing-in --- a full two weeks prior to Haas's certification --- thousands of ballots remained wholly uncounted.

By law, no contest or recount could be filed until after Haas's certification. And yet, Superior Court Judge Judge Yuri Hoffman found the plaintiffs no longer had the right to challenge or recount the election results in any way.

Simpkins was one of the attorneys who filed the Busby/Bilbray lawsuit last summer along with attorney Paul Lehto. In that case --- as The BRAD BLOG originally broke on June 7th, followed with extensive special coverage thereafter --- Haas had also sent home both optical-scan and touch-screen voting systems made by Diebold on poll worker "sleepovers," despite new emergency security mitigation requirements made by both State and Federal oversight bodies after it had been discovered that Diebold voting systems contained a type of programming code making them particularly susceptible to tampering. That type of programming code, known as "interpeted code," is also in violation of both state and federal law.

During the June contest it was discovered that Haas's chain of custody security logs were virtually non-existent. The dismissal of that case is currently being appealed.

As we reported on Tuesday, the Democratic Sec. of State candidate, Debra Bowen, released a short video ad on her campaign website revealing the extraordinary dangers and, indeed, the serious national security threat presented by such "sleepovers."

A request has been made for an expedited decision from the court in the latest case due to the pending election. Hopefully decisions on these matters will be forthcoming.

Your help in fighting for accountability in such cases around the country is paramount. Please donate to the VR Strike Force effort so we can help hold the bad guys accountable and fight for clean elections! Our work is funded entirely by "we the people" so your support is crucial!

The VR Election Protection Strike Force website can be found at: http://VelvetRevolution.us/ElectionStrikeForce. Please pass that address around!

As well, the VR Strike Force is offering a $250,000 reward for tips concerning Election Fraud (details here, tip-line here: 888-VOTE-TIP)

The BRAD BLOG is a co-founder of VelvetRevolution.us. We hope to announce news concerning a special VR Strike Force Radio broadcast on Election Night, in conjunction with a number of other individuals and organizations. More details on that, hopefully, very soon...

I've written a feature article for ComputerWorld on HBO's upcoming Hacking Democracy, the superb documentary on the many insidious lies of Diebold scheduled for airing beginning Nov. 2nd. We posted a preview article on the film's release several weeks ago. That article should be posted in full Wednesday morning if the continuing delays are worked out (CW had said they'd hoped to publish it Monday).

In the meantime, Diebold seems to be embarrassing itself yet again by issuing a statement calling for HBO to pull the documentary, or at least run disclaimers before, after, and throughout the film. I've seen it. If I were them, I'd try to do everything I could to keep America from seeing the film, as well.

"Truth and accurate reporting are the biggest casualties of the film," Diebold Election System President David Byrd is quoted as saying in the media release.

But ironically, as The Hollywood Reporter is reporting tonight, Byrd has not only never seen the film, but his claims that the film is "Riddled With Errors and Slipshod Reporting" apparently refer to a completely different film!

Confusing a different film called VoterGate with the short film called VoterGate, which was an early version of the film now known as Hacking Democracy, Byrd writes a two page letter [PDF] to HBO refuting several points in the other film!

While Diebold's letter from Byrd claims that the film is "so egregious that HBO should pull the documentary," the letter itself is not only riddled with errors and slipshod reporting, it also makes a sad attempt at playing the partisan card, which Diebold has been trying to deny for years! Note this graf...

Never mind that the VoterGate Diebold refers to is the wrong VoterGate, but what the hell do either Susan Sarandon or The Streisand Foundation have to do with Diebold's claim that the film is inaccurate?

Not disingenuous enough for you? Byrd has more...

Of course, we know that Byrd never saw the Hursti Hack in Hacking Democracy (it hadn't occurred by the time either VoterGate film was released), the disingenuous claim that it "proved later to be a complete sham" is itself a complete sham:

Not only did the California Secretary of State's own technical advisory board at UC Berkley write that "Harri Hursti's attack does work" and that it was "definitely real" in their report [PDF] on the hack, but they also found "more serious vulnerabilities...that go well beyond what Mr. Hursti demonstrated, and yet require no more access to the voting system than he had. These vulnerabilities are consequences of bugs–16 in all."

We would later learn that the invitation to which Diebold refers, from the CA SoS "inviting" Hursti to try his hack out in California, was drafted by a Diebold employee and disinformation operative by the name of Rob Pelletier, and sent to Hursi on CA SoS stationery!

As revealed by this investigative report [PDF] released over the Summer by BlackBoxVoting.org (one of the film's main subjects) entitled "The Diebold Pursuasion Machine," it appears that Pelletier drafted the letter for CA SoS McPherson's office. The "invitation" would later come to be regarded as a "setup" using special Diebold machines and designed for Hursti to fail.

In the same report, it was revealed that Diebold employee Pelletier had been spreading disinformation under several phony names at various Internet sites, as well as here at BRAD BLOG as a commenter using the name "Wally O'Diebold."

As Barney Gimble wrote yesterday in a terrific piece on the history of Diebold in Fortune, about a "five-step plan guaranteed to make an obscure company absolutely notorious":

Hey Diebold: It's blowing up in your face. Stop blaming the critics. You're just making a continuous jackass out of yourselves. And, trust me, you've got far worse problems coming your way that you ought to be worrying about.

Democratic Secretary of State candidate, Debra Bowen has released a new video ad on her campaign website showing how easy it would be for hackers to break into a garage where pre-programmed, election-ready Diebold touch-screen systems are now being "stored securely" by poll workers around the state.

Such a break-in could allow them to easily manipulate a single Diebold touch-screen machine to implant a virus on it would could then pass itself from machine to machine, resulting in an entirely flipped election. Nobody would ever know.

We have long since been critical of CA Sec. of State Bruce McPherson's re-certification of Diebold voting systems after his own technical advisory board at UC Berkley had advised him the machines could be tampered with in dozens of ways.

His further lack of enforcement of security requirements for the use of the systems --- he has sat by and allowed them to be sent home for weeks ahead of the election with poll workers on so-called "sleepovers" --- is both an outrage and a violation of his own state requirements and federal law.

Yesterday, we detailed (with photographs) how San Diego County Registrar Mikel Haas has been handing thousands of such hackable voting machines to poll workers in his county since October 16th of this year. Those irresponsible "sleepovers" now allow those poll workers --- or anyone who may wish to access the machines in their garage --- a full 3 weeks prior to the election to find the 60 seconds needed to flip every race in San Diego County.

Bowen's Diebold "sleepover" break-in ad can be viewed at her campaign website. It's also posted in full below...

More than 10,000 pre-programmed election-ready Diebold touch-screen voting machines, to be used for the first time across the entirety of San Diego County this November 7th, are now in the cars, garages, homes, and hands of poll workers and lord knows who else across one of Southern California's largest voting regions.

As reported in several first-hand accounts from San Diego poll workers just after recent training sessions (see end of article for one of those first-hand accounts), the voting machines were sent home on so-called overnight "sleepovers" with temporary poll workers beginning on October 16th, allowing for a full three weeks prior to the election for poll workers to find the 60 seconds they might need to hack a single machine. One tampered machine could affect the results on every single voting machine, in every race in the county.

San Diego Registrar Mikel Haas --- easily one of the country's worst and most irresponsible election administrators --- is unconcerned. He's also instructing poll workers not to give out paper ballots despite a recent order from the California Secretary of State.

The ability to easily insert malicious viral code onto Diebold's touch-screen systems has been proven, and video-taped by Princeton University and others. A single person could hack an entire election, flipping votes undetectably, and no trace would be left behind after the election.

But it's not just tampering that should be of concern to the voters of San Diego. It's the fact that these particular systems are amongst the most unreliable in the country. They simply do not work.

Diebold touch-screen voting systems are innacurate. Their screens freeze. Their printers jam and fail to create reliable "paper trails" and frequently they simply fail to start up at all. All of which occurred during Primary Elections in states across the country earlier this year, resulting in thousands of legally registered voters being disenfranchised, or turned away without being able to cast a ballot.

Incredibly, Haas has ordered these systems to be used for the first time in this November's general election, without even a test run during the June 6th Primary & Special Election, when a blended system of both Diebold optical-scan (paper-based) and touch-screens was used.

The few touch-screen systems in place during the June election (one per polling location) went almost completely unused. And yet Haas has ordered them for use across the entire county this November, despite notorious failures by these same unreliable systems in states like Georgia and Maryland and --- perhaps most notably --- Cuyahoga County, OH, where the systems in first-time use failed monumentally during the Buckeye State's Primary Election.

USA TODAY wrote Friday about the aftermath of Cuyahoga's Primary Elections and the extraordinary measures now being taken to turn the county's temporary poll workers into rocket scientists able to trouble-shoot the many expected problems with the systems. After some 300+ recommendations were made by an independent audit of that particular train wreck, elections officials are scrambling and bracing for the worst.

Haas, however, has taken no such measures and, indeed, his poll worker training has reportedly consisted of instructing folks to sing the praises of electronic machines and avoid handing out paper ballots to voters despite the recently unearthed memo from the California Secretary of State's office instructing all Registrar's that all California voters may vote on paper if they wish.

An account of one such training class by Ken Simpkins, the Carlsbad attorney who filed an election contest to challenge the results of the Francine Busby/Brian Bilbray Special Election sleepover fiasco last June, reports that workers are being told not to give paper ballots to voters even if machines are unavailable when voters show up to vote.

"If the machines were not ready at the opening of the polls and voters were there," Simpkins writes about instructions given at a training class he attended, "voters should be asked to wait until the machines are ready." His full description of that and other stunning moments from Haas's training is at the end of this item.

In an accidental fit of reporting, the far-right San Diego Union Tribune yesterday asked Haas about the ongoing "sleepovers" in an article on concerns about the county's upcoming beta test election. As usual, his obnoxious answer was just another "fuck you" to the voters of San Diego:

Never mind that we've previously reported first-hand accounts from poll workers who took voting machines home with them during the June 6th election, where they admitted that family members, and any number of neighbors, may well have had easy access to the machines in the "secure storage space" known as their garage or their car. But Haas knows "where they live." So rest easy, San Diegans!

Also, never mind that such sleepovers are in violation of state and federal law. But, hey, it's San Diego! Mikel Haas territory! He makes the rules and can do whatever he wants!

Guest Blogged by John Gideon

Today the Associated Press reported that 11 people who worked for a firm hired by the Republican Party were indicted for voter fraud. The workers were paid as much as $10 per Republican registration so they signed-up anyone they could and changed their party affiliation to Republican.

...and they report:

In a truly brilliant move the chairman of the Orange County Democrat Committee leaked the news of the indictments stealing the thunder from Secretary of State McPherson who wanted to wait until Monday to have a press conference. Reporters attempted to contact the Secretary but calls were not returned.

We spoke about the Democratic, and actually qualified candidate for California Sec. of State Debra Bowen yesterday.

So, equal time. Let's talk about the completely unqualified, partisan mouthpiece, the current Schwarzenneger-appointed California Secretary of State and accomplished liar, Bruce McPherson.

Oh, and as the end of yesterday's debate revealed, he's also a loathsome human being.

The two debated before the San Francisco Chronicle editorial board. It was broadcast live --- now available to watch on the web --- and very informative. Here are some thoughts of ours on several of McP's obfuscations lies comments during the debate.

NOTE: Quotes of his below aren't always exact, but damned near. With one of McP's quotes, however, we had to go back and check three times, just to make sure we heard him right. We did. And we're appalled.

He actually said, "Under Secretary of State Bowen, if that ever happens, I will tell you, the blind and disabled will not be eligible to vote privately and independently."

Bowen replied gracefully by saying his comment was "shameful" and "not [McPherson's] finest moment."

Our personal replies to that appalling comment, and McP's host of other lies, follow below, and are far less charitable. As you may know, the election for California SoS may prove to be the most important race for the future of the nation's electoral system. Our snarky, point-by-point rebuttal to the truth-challenged McP --- who is working for the voting machine companies, not the voters of California --- follows in full...

Is this sort of thing actually necessary? Apparently it is.

While the following 10 items seem painfully obvious, apparently these no-brainer items need to be issued as a "Voter Bill of Rights" by CA Secretary of State candidate Debra Bowen, given the mess we currently face (made possible, in no small part, by the hapless, duplicitous current CA SoS Bruce McPherson)...

Have we mentioned that Bowen's victory in defeating McPherson is perhaps one the most important elections in the country if we hope to ever see Electoral Integrity in this country again? Sign on to support here...

UPDATE 10:28pm PT: Bowen and McPherson debated today. Video here. Haven't gotten to watch it yet, but McP would never out and out lie would he? Not before an important editorial board, right?

UPDATE 10:33pm PT: Whoops! Just watched the first five minutes and he already did! Go figure...I suspect there are many more to come.

UPDATE 10/18/06 4:37pm PT: Holy cow! Lies o' plenty! And more! Full coverage of the debate now here...

Guest Blogged by John Gideon

In August Vote-PAD learned that the California Secretary of State had decided to deny them certification that would allow Vote-PAD's voting assistive devices to be used in the state of California. They did this even though some counties had already contracted for Vote-PAD or were in the purchase process and even though Vote-PAD showed clear and convincing evidence that the testing process was biased. This denial by Bruce McPherson and his underlings led to the now famous "Off With Their Heads" blog here at The BRAD BLOG.

On Monday Vote-PAD issued a press release to inform the public that they had filed a formal complaint with the California Victim Compensation and Government Claims Board. According to the press release, Vote-PAD "asserts that the Secretary of State violated a number of State and Federal protections during the Vote-PAD certification process: 'a violation of the due process and equal protection clauses of the Constitutions of both the United States and the State of California, a breach of contract, a violation of the California Administrative Procedures Act, a violation of the Election Code provisions governing voting system certification and an abuse of discretion in the Secretary's authority to certify voting systems.'"

The full press release follows...

Every California voter who wishes to vote on a paper ballot in this year's general election may do so, The BRAD BLOG has learned, according to an October 3rd, 2006 memo issued by the California Secretary of State's office!

The terse, single-page internal memo, sent to "All County Clerks/Registrars of Voters/Vendors" on CA SoS stationery (download complete memo here [PDF]) instructs elections officials across the state that they should "have an adequate supply of paper ballots" if electronic voting machines should break down or "if a voter chooses not to vote on electronic equipment."

Written by CA's Asst. SoS, Susan Lapsley, the memo was issued in apparent response to our recent call for Congress to introduce and pass immediate "Emergency Paper Ballot" legislation. While bills were subsequently introduced in both the House and Senate, neither chamber succeeded in voting on the legislation before adjourning for the election recess. Eagle-eyed BRAD BLOG readers may remember Lapsley as the one behind the Busby/Bilbray fax to Congress, declaring the Republican Bilbray the winner of the recent CA50 U.S. House Special Election to replace "Duke" Cunningham weeks before it was certified, while thousands of votes remained to be counted --- and well after we had already exposed that the tainted election included voting machine "sleepovers" with poll workers in the days and weeks prior, in contravention of both state and federal law.

Lapsley's memo was written just after Congress adjourned and prior to the letter [PDF] we sent last week, along with more than 50 other Election Integrity organizations and leaders, to all 50 Secretaries of State and Governors calling on them to institute immediate plans and procedures for Emergency Paper Ballots.

The good news here, as we see it, is that all California voters across what Diebold refers to as "the country's largest voting market" may now demand paper ballots when they go to the polling place this year. This will be crucial in counties such as San Diego and San Joaquin, where the Registrars of Voters have chosen to side with the voting machine companies instead of the voters by supplying only hackable touch-screen Diebold voting machines for their citizens this year.

In enormous Los Angeles County, which includes some 8 million voters, such dangerously unreliable touch-screen systems are used only for early voting. It seems clear, however, from Lapsley's memo, that even early voters in LA County may now choose to vote on paper ballots instead!

From the CA SoS' memo...

Seems clear enough to us. And, we believe, it's very good news for the voters of California in general.

With that in mind, however, some Election Integrity Advocates have expressed concern about the vagaries and other dangers of the Lapsley memo, including the Democratic Secretary of State candidate Debra Bowen and election attorney Paul Lehto, both of whom we have immense respect for...

Francine Busby and Brian Bilbray will meet again in November's election for the 50th Congressional District in San Diego County, California. Because Bilbray was declared the winner of the Special Election on June 6, he will be running as an incumbent this time. However, there has not yet been a trustworthy count of the votes that reportedly brought him into Congress after the initial disputed election. The court case challenging his victory has yet to be resolved.

San Diego voters Barbara Gail Jacobsen and Lillian Ritt filed an election contest challenging Bilbray's reported victory based on a number of factors including the now-infamous Diebold electronic voting machine sleepovers. Judge Yuri Hofmann dismissed that suit after intervention by Republican Congressional leaders claiming that once Bilbray was sworn in, California courts had no jurisdiction to rule on California's election, even though swearing in took place before the election was certified in California. That dismissal is now being appealed by California attorney Ken Simpkins and election attorney Paul Lehto on behalf of Jacobsen and Ritt.

According to Simpkins, this "was a unique situation because they actually swore Bilbray in before we got certification of this election, before all the votes were counted. Congress is basically saying we're going to swear in whoever we want to swear in, it doesn't matter if the election has been completed or not. That's another treading on the state's constitutional right to determine the time, place and manner of elections," he said.

More VoterAction.org lawsuits and complaints are now being filed to stop the use and/or purchase of electronic voting systems around the country. On Wednesday, two more. One in California, another in Wisconsin.

In Alameda County, CA a suit was filed to stop of the use of Sequoia Voting Systems touch-screen DRE's, alleging the county "has not performed independent, expert security vulnerability testing on its new Sequoia voting equipment. The group claims such testing was a prerequisite stipulated by county supervisors before the county would issue payment for the system." ...