As you might imagine this time of year, I've been doing a lot of media appearances around the country to discuss this year's elections. Most have been in regard to the failed e-voting systems used in early voting and on Election Day tomorrow. But NY's WBAI ran an excellent piece this morning, on which I appeared, to discuss the ongoing disaster that is the Supreme Court's Citizens United decision asserting, again, that corporations are the same as "people" and thus deserve the "free speech" right to spend as much as they want to affect the outcomes of U.S. elections.

My contribution to the segment is heard near the beginning, in the background description of what the case was, what it means, and what has happened since it was decided last January. A lot of interesting discussion follows thereafter.

Download MP3 (appx 40 mins), or listen online below...

• Ernest Hancock covered the Citizens United decision at The BRAD BLOG here...
• I wrote a piece on the same case, "The End of Democracy", for Hustler here...
• Velvet Revolution's StopTheChamber.org campaign has been trying for highlight concerns for nearly a year about the U.S. Chamber of Commerce who is, perhaps, the number one recipient of millions in undisclosed corporate funds as now being spent to influence elections around the country this year --- in support of Republicans by a factor of 7 to 1, by the way --- in the wake of Citizens United. [Disclosure: The BRAD BLOG is a co-founder of VR.]

A video of a computer animated "debate" between a Tea Partier and a non-Tea Partier, which has gone insanely viral over the last few days, inspired me to try creating one of my own.

Here my first quick effort. Hope you'll enjoy it and will help spread the word, because while computer generated animations are great, computer generated, unverifiable e-voting ain't. Vote on a paper ballot this year (not on a touch-screen system with or without a so-called "paper trail"), if you can. Here's why...

P.S. I've been asked how voters can make the decision to vote on paper ballots this late in the game. Many states and counties which offer touch-screen systems on Election Day also allow the voter to request a paper ballot at the polls. Others offer voters a choice when voting between "paper or plastic" (touch-screen or paper ballot). For example, in CA, every voter has the right to vote on a paper ballot, even as some jurisdictions tend to simply point voters towards the touch-screens. Check with your state and/or county before voting to find out your rights and if you're allowed to vote on paper on Election Day! The unverifiable vote you cast may otherwise be your own!

North Carolina counties which use touch-screen voting systems will now have to post a "Voter Alert" at precincts warning voters about potential problems with the machines following a complaint [PDF] filed in federal court by the state's Republican Party on Friday. The lawsuit, heard today on an expedited basis, was filed after voters in several counties had reported to party officials that their attempts to vote for straight-ticket Republican ballots were flipping on the screen to straight-ticket Democratic ballots.

Those reports of vote-flipping led to the NC GOP issuing a threat late this week to sue the State Board of Elections (BoE) if their demands were not met to order certain precautions be taken at polling places which used the 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems. After the Executive Director for the BoE sent a letter in response to the GOP's demands, downplaying the reported incidents as "isolated" and "no different than ones that must be addressed in every election," the Republican complaint was filed in federal court on Friday afternoon. (The sharp letters back and forth between the state GOP and BoE can be read in our previous report on the NC situation.)

Judge Malcolm Howard tonight also ordered that pollworkers must tell voters to read the printed alert, and that memory cards and other programming materials, records and audit logs from the oft-failed ES&S iVotronic touch-screen DREs must be preserved for examination after the election. Late today, the BoE Executive Director Gary O. Bartlett sent a notice [PDF] to the County Boards of Elections detailing the changes ordered by the federal judge.

The "Voter Alert" to be posted in all precincts using the touch-screen voting systems must read as follows...

[UPDATE 10/30/10: The North Carolina Republican Party has both filed and won their suit against the State Board of Elections. See details at end of article for more.]

It would have been nice if these guys had spoken up years ago, when the bulk of the Republican Party and their sympathizers were labeling Democrats as "conspiracy theorists" and "sore losers" for their documented complaints of touch-screen voting systems flipping votes on screen to Republican candidates. But better late than never, we suppose.

This afternoon, Legal Counsel for the North Carolina Republican State Executive Committee sent a letter [PDF] to the NC State Board of Elections threatening legal action if their "demands" were not "immediately" met for taking a number of specific actions to mitigate reported touch-screen voting problems describes as "significantly more widespread than the NC GOP initially understood."

The GOP attorney, John E. Branch III writes that the voting system problems should have been addressed prior to the early voting period "and, to the extend they were not, the touch screen systems should have been banned."

The problems in contention are related to reports of the state's ES&S iVotronic e-voting systems reportedly showing votes as flipping from Republicans to Democrats on the screen. The threat from the state GOP comes on the heels of complaints made last week in two different NC counties, Craven and New Hanover. Those reports were a switch from previous years when voters in dozens of states had reported votes flipping largely from Democratic to Republican.

Branch charges that the party has "received word" that similar problems have emerged in "Mecklenburg...Randolph...Cumberland, Wilson, Pender, Forsyth, Lenoir and other counties," which all similarly use the oft-failed, 100% unverifiable ES&S touch-screen voting machines. The same systems are also used in more than a dozen other states...

[Note: This piece was originally written for and published by Truthout earlier this week, prior to escalated, and often breathless, allegations now being made from the Right of "voter fraud!" and "election theft!" by the Reid campaign in NV. Many of those claims are baseless and evidence-free at this time, though some have roots, at least, in legitimacy. The article which follows offers evidence for the legitimacy of some of their claims. But I will try, if time allows, to post another piece soon, separating important fact from irresponsible and even sometimes silly fiction in many of GOP/Fox/Drudge/Breitbart-fueled allegations in NV. - BF]

Sharron Angle should start filing the lawsuits right now. Then again, so should Harry Reid. However, it might be a bit more difficult politically for the Senate majority leader, given the undeserved support Reid has shown in the past for Nevada's 100 percent unverifiable, error-prone, hackable, illegally-certified, electronic voting systems the state forces all voters to use at the polling place.

Given that the Angle/Reid contest in Nevada is likely to be among the closest - and most closely-watched - races for the US Senate this November 2, both parties would be wise to get to court and file for an order to ensure all of the hard drives, flash memory chips and memory cartridges to be used in their electronic voting machines during both early voting and on Election Day are securely retained for 22 months after the election.

The federal law requiring as much, Retention of Voting Documentation (42 USC. 1974 through 1974e), has, however, never been followed in any state to my knowledge, at least in regard to the sensitive memory cards and hard drives from electronic voting systems. Those devices hold both ballot programming and the way the computers have recorded - accurately or not - the way voters have voted. They might also hold the only evidence of any system malfunction or malfeasance. Nonetheless, officials routinely scrub those materials not long after the polls have closed. Key evidence - perhaps the only actual evidence - of how voters had hoped to vote and of any obstruction to that intent, is thereby lost forever.

The voting machine still used across the Silver State - the horrible, hackable, failure-prone Sequoia AVC Edge touch-screen voting machines with VeriVote "paper trail" printer add-on - has a storied history. There is also a recent history of very close elections in Nevada. Consequently, both candidates would be wise to bring on experienced Election Integrity experts to advise them in what can and will go wrong with those voting systems this year.

Unfortunately, while Reid seems to have long been in denial about the unverifiability and outright failure of the systems used in his state, Angle has likely been duped into buying into her own party's propaganda about "voter fraud," when the real problem is election fraud ... or just plain failure. Particularly in Nevada ...

From Utah's Daily Herald today...

What could possibly go wrong?!

Well, nothing, according to Scott Hogenson, the either clueless or misleading (or both) Utah County chief deputy clerk-auditor...

Please check out my new piece I filed today at Slate headlined "The Faith-Based Vote." As it's not necessarily about what some may think, I'll note their sub-title: "In many of Tuesday's closes races, states will use those same old, suspect voting machines."

The article details the 100% unverifiable voting systems which will be used to report the "winners" and "losers" of some of the closest and most-watched elections across the country next Tuesday.

Please feel free to leave comments there, Tweet it, Reddit it, Digg it, share it on Facebook and otherwise help them to feel good about carrying more such coverage. Thanks!

UPDATE 10/28/10: Dan Rather describes my Slate piece as "Fascinating (and scary)". Thank you, sir. And for your own similarly fascinating and scary work on these same issues.

After reports of ES&S touch-screen votes flipping away from Republicans, for a change, over the last several days in North Carolina and in Texas, reports are now coming in from Nevada about similar occurrences on that state's Sequoia touch-screens, just in time to underscore the importance of my story published today at Truthout, "Hacking Harry Reid (or Sharron's Angle)" arguing that one or both of the candidates locked in the Silver State Senate Standoff need to get to a court immediately, even though neither of them are likely to do so.

First, the reports of touch-screen troubles today in NV (which closely mirror the scores of reports in the same state that I detailed exclusively in 2008 as affecting Obama and the Democrats during early voting). This time, however, it's Republican voters charging trouble with touch-screens...

I've seen a lot of horrific articles on e-voting in my time. At this point, given all that we've come to learn over the last five years or so about the utter failure of these systems, I usually just ignore such pieces as no longer really worth my time to even point out.

However, Richard Wolf's article last week in USA Today was so spectacularly bad, and so astonishingly unbalanced in favor of e-voting shills and unapologetic proponents who have been proven wrong time and again over the years, that I must take a moment to at least flag it here, given it's length, publication in a prominent, national MSM outlet, and extraordinary lack of a single quote from any real Election Integrity experts or e-voting critics.

Wolf's article, "10 years after Bush v. Gore, new concerns about voting" would better be headlined "10 years after Bush v. Gore, MSM still quoting long-discredited e-voting flacks."

With what appears to be dead seriousness, Wolf reports that ten years after FL 2000, our elections in the U.S. are in much better shape, as he writes: "The verdict? Elections are more accurate: There is less chance that voters will make mistakes, and there are safeguards in case they do."

Mr. Wolf must have been living in a cave from 2000 until just last week. Given the roster of discredited e-voting shills he quotes in the piece, almost exclusively, it's clear he's, at the very least, living in another time, say 2004 or so...

In the summer of 2007 they ran one of the most extraordinary and explosive exposés on the topic we've ever seen. It included absolutely mind-blowing details on ES&S iVotronic touch-screens voting machines (the same ones currently failing in North Carolina and in Texas and being used in about 15 other states this year) and featuring an astonishing segment with seven on-camera employee/whistleblowers from Sequoia Voting Systems charging they were ordered by higher-ups to rig the chads to fail, only in Florida, on the paper ballots their company made for the 2000 election. You can (and should!) watch that remarkable report --- picked up by absolutely nobody in the MSM, incredibly enough --- right here.

This Tuesday, it looks like HDNet's Dan Rather Reports is set to roll another story on hackable e-voting systems. Here's the :30 second teaser for their latest...

The premiere showing will be Tuesday, Oct. 26th @ 8pm and is described this way on HDNet's Dan Rather Report's website:

With all the endless hours (upon hours, upon hours) the network and cable news mainstreamers like Chris Matthews have found to devote to the horse-race and politicking of these elections, you'd think they might be able to find more than just 19 seconds to cover the issue that can be, and so often has been, the deciding factor in so many recent elections. If you'd think that, you'd be wrong. 19 seconds is all Rather got on this weekend's Chris Matthews Show to discuss the topic. [Hat-tip Heather at Crooks & Liars]...

UPDATE 10/27/10: The HDNet folks have responded to pleas to make the episode available for all (even those of us who don't have it on their cable system!). The entire episode is now available here through next Wednesday only! Get it while it's full, free and hot!

Otherwise, it's also available here via iTunes for $1.99 according to Mr. Rather who was nice enough to let me know on the Twitters.

For folks with shorter attention spans, or those who need a little more encouragement, Rather blogs about the episode here, and here's a 2.5 minute video clip featuring the great Frank Heindel, patriot Election Integrity advocate of South Carolina, who is (as he notes in comments below), the one alluded to when the description above says "one American's fight against voting machines in his state."

[Now UPDATED with additional reports of additional vote-flipping and touch-screen failure from other NC counties at bottom of article.]

Aaand the touch-screen voting machines continue to flip votes during the early voting period. Right on schedule. Just as always. But, for the second time this week we have the unusual occurrence of votes reportedly flipping away from the GOP.

Yesterday our report was of a touch-screen in Dallas, TX, caught on video flipping an attempted vote for Republican Gov. Rick Perry to straight-ticket Green Party selections in Dallas, TX.

Today's report, where the local election official is also misleading voters by downplaying the incident, comes from the same type of 100% unverifiable ES&S iVotronic touch-screen voting machine, but it took place in Craven County, NC, according to P. Christine Smith of the Sun Journal...

Tyson also went on to report there were long lines reported as voters waited to use the two touch-screen voting machines available at one location (paper ballots don't cause that problem) and, even more disturbingly, "machines reporting 250 ballots cast where 400 voters had signed in to vote."

Well that's a problem, isn't it?...

-- Brad Friedman, The BRAD BLOG

Aaaand here we go again. Our first report of touch-screen vote flipping of the year during early voting. And, for an added twist, this time it's Texas Republican Gov. Rick Perry who seems to be getting screwed by the 100% unverifiable ES&S iVotronic touch-screen voting system in question.

Most such reports of touch-screen vote-flipping or vote-hopping, historically, have been from Democratic voters seeing their votes flip to candidates of other parties, though there have been isolated reports over the years of Republican voters experiencing the very same problem. Indeed, another report has been published today from a voter in Collin County, TX, who says his vote flipped from Democratic gubernatorial candidate Bill White over to the Republican Perry.

The Dallas incident was posted as a YouTube video by programmer Don Relyea and began to go viral early this morning, before being set to "private," presumably by Relyea, at YouTube a few hours ago. So, unfortunately (for now), we're unable to show the video itself, though we watched it several times this morning before it was made unavailable, and have a step-by-step analysis of precisely what is seen in the video, as detailed by an Election Integrity expert who reviewed it a number of times to explain what is actually seen in it.

The removal of the video, seemingly shot via a cell phone camera, may be due to Texas law barring recording equipment of any kind in polling places. Dallas County Elections Administrator Bruce Sherbert told The BRAD BLOG that he has now referred the matter to the District Attorney for investigation, not due the purported incident of vote-flipping, but rather due to Relyea's video-taping of the event.

Sherbert's explanation for what is seen in the video, however, downplays the purported problem and does not appear to sync up with what is actually seen in the video supporting Relyea's contention that his attempted vote for Perry was being inappropriately flipped to a number of Green Party candidates on the ES&S iVotronic system...

I'm no good at raising money for The BRAD BLOG - so let's see if I have any better luck helping out progressive filmmaker John Wellington Ennis to complete his newest documentary, Pay 2 Play: Democracy's High Stakes, covering the Supreme Court's Citizens United disaster and other related bastardizations of our democracy by the highest corporate bidder.

As his website describes the new film: "The cost of running for office makes candidates beg, borrow, and steal. PAY 2 PLAY shows how our elections encourage extortion, and how to stop it."

John is also the director of 2008's high-lariously informative Free For All: One Dude's Quest to Save Democracy (which features yours truly, but is brilliant nonetheless!)

Unfortunately, progressives are not shoveled barrels of free money as partisan scammers Andrew Breitbart, James O'Keefe, and the other liars and snake-oil salesmen on the Right are. Progressives actually have to beg for funds and then produce actual, truthful material in the bargain! That takes time, effort, and funding. So it's gonna take money to get money out of our politics once and for all! Please help. Ennis is doing his part, big time, so please help him out to finish the film if you can afford to toss in a few dollars!

If you need any more convincing, here's a slightly shortened version of an appearance I made at one of his fundraisers in Santa Monica last week [apologies for the echoey sound, it gets easier to see and hear as it goes forward!]...

A University of Michigan computer scientist and his team were not the only ones attempting to hack the Internet Vote scheme that Washington D.C. had planned to roll out for actual use with military and overseas voters in this November's mid-term election.

According to testimony given to a D.C. City Council committee last Friday by J. Alex Halderman, asst. professor of electrical engineering and computer science at University of Michigan, hackers from Iran and China were also attempting to access the very same network infrastructure, even as his own team of students had successfully done so, taking over the entirety of the Internet Voting system which had been opened for a first-of-its-kind live test.

[See our report last week on details of what had already been disclosed about Halderman's startling hack prior to last Friday's hearing.]

"While we were in control of these systems we observed other attack attempts originating from computers in Iran and China," Halderman testified. "These attackers were attempting to guess the same master password that we did. And since it was only four letters long, they would likely have soon succeeded."

In his stunning public testimony --- before a single member of the D.C. Board of Ethics and Elections (BoEE), and a nearly empty chamber --- Halderman explained how the team had, by the time they discovered their fellow intruders, already gained complete control of the system, it's encryption key and its passwords. The system was developed as part of an Internet Voting pilot program with the Open Source Digital Voting Foundation.

As The BRAD BLOG reported last week, Halderman's team was able to take over the system within 36 hours after it had gone live for testing. After having "found and exploited a vulnerability that gave [them] almost total control of the server software," his team was able to steal the encryption key needed to decode "secret" ballots; overwrite every single ballot cast on the test system; change the votes on those ballots to write-in candidates; discover who had already been voted for and the identities of the voters; install a script that would automatically change all votes cast in the future on the same system; install a backdoor to allow them to come back later; and then leave a "calling card" --- the University of Michigan fight song --- which was programmed to play in the voter's browser 15 seconds after each Internet ballot had been cast.

But the new disclosures offered before the committee on Friday, including the hack attempts by computers in China and Iran, may have been as explosive, if not more so, than the previous revelations. They certainly illustrate and underscore a grave national security threat present in electronic voting systems such as the one D.C. had planned to use, as Lawrence Livermore National Laboratories computer scientist and cyber-security expert Dr. David Jefferson told me during an interview last Friday night on the nationally syndicated Mike Malloy Show which I was guest hosting last week.

The hack of the system forced the D.C. election administrators to shut down their plans for the pilot program which was to have gone live in days, as encouraged and partially funded by the federal Military and Overseas Voter Empowerment (MOVE) Act, which allocated millions of dollars for such Internet Voting pilot programs.

The revelations of the intrusion attempts from China and Iran, however, would not be the only new, previously unreported bombshells Halderman offered during his Friday testimony...

[Hat-tip to longtime BRAD BLOG toon sherpa Pokey Anderson]

Related... If you didn't hear my interview on last night's Mike Malloy Show with 70-year old Laird Monahan who, with his 67-year old brother are currently walking across the U.S. in order to highlight the Supreme Court's horrific Citizens United decision, unleashing unfettered, undisclosed (and often, even un-American) corporate money into U.S. elections, I'd highly recommend giving it a listen.

The Monahan Brothers, both Vietnam vets coincidentally, are American Heroes in my estimation, and their story should be told on not just every progressive media outlet in the nation, but more importantly, on the corporate mainstream media outlets who don't seem to want to offer much coverage to this story for some reason, as Laird and I discussed last night.

Click here to listen to listen to the interview with Laird. It's in the "HOUR 2" audio archive.