I'll be speaking on Election Integrity in Orange County, CA, at the Canyon Democrats monthly meeting on Monday, 5/18. (Yes, there are Dems in Orange County, CA!) If you're in the 'hood, please come by and say hello!

Here are the deets: Norman Murray Center, 24932 Veteran's Way, Oso Viejo Park, Mission Viejo, CA. Doors open at 6:30pm, I speak at 7:30pm. More info... | Map...

P.S. I await my invitation to speak to Orange County Republicans, as I'd be delighted to address them as well, anytime!

Dori Smith of Talk Nation Radio has put together a wonderful tribute show to our late friend John Gideon. Ellen Theisen, his partner at VotersUnite.org and I --- and John --- join Dori in her remembrance. It was good...no, great...no, heartbreaking...but wonderful, to hear his voice again...

Download MP3 or listen online [appx. 30 mins]...

Dori, in addition to being a first-rate investigative broadcaster, is also a great election integrity advocate herself in Connecticut. She has a blog item, describing her beautiful tribute show, in honor of John, right here.

UPDATE 5/25/09: Part 1 of TNR's report is above. Part 2 of Dori's moving tribute is now posted here, in memory of John, on Memorial Day 2009...

Co-Editors: Dave Klein and John Washburn.

We are thankful for the opportunity to honor the work of John Gideon by continuing the Daily Voting News. We appreciate the encouragement expressed and patience during this transition under trying times. Because multiple days are covered in this issue of the DVN, news items within a given state are in chronological order; the date of publication appears in headline of the article for this issue only.

Voter participation issues (such as photo ID and caging) have been much in the news....

I'm certain that John would have been simply flabbergasted at the outpouring of emotional response and moving tributes upon his passing --- in particular from various public officials, many of whom he'd been at odds with at various times over the years.

The latest comes this morning in the form of condolences, and a very moving statement on his loss, from OH Secretary of State Jennifer Brunner via her Director of Communications, Patrick Gallaway...

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

It's been of some comfort seeing statements from public officials who John Gideon worked with --- sometimes in collaboration with, sometimes in opposition to --- issuing statements on his tragic passing.

Among the first I received was the following statement and note of condolence this morning from Nicole Winger, spokesperson for CA Secretary of State Debra Bowen...

Update 4/27, 11:54pm PT...

It was a very lonely time for advocates of democracy in the U.S. when John Gideon posted his first guest blog here in the dark days of October 2005, and when we began to carry his vital "Daily Voting News" on Election Day, one month later, in November of that same year.

While the fight for democracy in this country has become somewhat less lonely as the Election Integrity movement has grown since then, thanks in no small part to the tireless, daily contributions of John, it feels very lonely again today. My good friend passed away this evening in a Seattle hospital, having succumbed to a surprise and sudden bout with bacterial meningitis.

John held on as long as he could, but tonight he'll rest with his beloved wife who passed some years ago.

He was 62, and a Vietnam veteran who never stopped fighting for his fellow veterans and in service of our country. He is survived by his son Rick and grandson, and a life-long legacy of fighting in defense of his nation, and for all that it stands for. He has left that legacy behind as a gift --- and challenge --- for us all.

John's always-understated "Daily Voting News" --- which he filed, often seven days a week, for well over five years --- provided simple links to news of election reform, failure and success from around the nation, as culled from papers, blogs, press releases and official and academic reports around the country, and even the world. In so doing, he connected the seemingly disparate dots of local stories, and apparently anecdotal woes, into a cohesive tale of a nation struggling to regain footing on the pedestal on which it had once, and still hoped to stand.

The compelling narrative the DVN slyly wove together daily --- almost, as if in slow-motion, with each passing day --- was clear: We were, and are, a country whose promise of public, transparent democracy threatens to slip away forever beneath a cynical and foolish crush of ill-considered corporatism and greed, self-imposed expediency and often well-meaning, yet destructive naivete. In short: Unless we take care --- every single day --- what's left of our democracy will further wither to the whims of cold, disinterested privatization no longer resembling the self-governance our founders envisioned, and that we have convinced ourselves still remains.

If there is anything we can give back to the man, in thanks for his selfless service, over so many decades, on so many fronts, it is to continue to carry the torch of the man who fought for democracy until he had nothing more he could give...

[Updated several times at bottom of article, including encouraging comment on this offensive bill, by FL Gov. Charlie Crist.]

John Gideon covered the latest outrageous election-gaming attempt by Florida Republicans over the weekend in "Daily Voting News," but this one clearly needs a few more eyeballs.

Kindra Muntz, president of Sarasota Alliance for Fair Elections (SAFE) emailed over the weekend to request "nationwide pressure" be placed on legislators in Tallahassee and, given the ugliness of this particular effort, we'd agree. See the bottom of this article for some action links which Muntz suggests taking to counter what she describes as a "dangerous" and "devastating" bill being quietly fast-tracked through the FL legislature by the GOP down there this week.

Here's a couple of passages from two no-holds-barred editorials from over the weekend, excoriating this latest, blatant attempt at voter suppression by the Sunshine State Republicans who, this time, have got elderly voters (and much more) in their cross-hairs. Among a few pretty horrible things this bill does (see below for much more), it would end the use of "Retirement center identification" and "Neighborhood association identification" for the elderly when voting at the polling place.

The first editorial below comes from the St. Petersburg Times which calls the effort "disgraceful," a "naked grab for power," and charges, "Republican legislative leaders have lost all sense of shame with their 11th-hour bill to roll back voting rights in Florida."...

In my opinion voter suppression is an ugly act. When one party is in power and then pushes legislation that only serves to help to ensure they will stay in power then there is something wrong with our democracy. This is now the case in Florida where the party in power waited until week seven of a nine week legislative session to attempt to ram-rod through bills in both the House and Senate that will help to ensure they stay in power. Our two ‘Featured’ editorials (here and here) explain what is happening in Florida much better than I can. ...

The AP has finally noticed the long-sought criminal investigation ballot count of the 2006 Pima County (Tucson), AZ, special election. State Attorney General Terry Goddard's hand-count of the disputed Regional Transportation Authority (RTA) election was concluded, at least for now, in Phoenix on Wednesday. That's when AP filed its report on the matter that we've been covering here at The BRAD BLOG in a number of special reports and exclusives, in great detail, this week, last week, and for several years prior.

AP's coverage was fairly cursory (recent inside joke: AP didn't report who the AG's office had found to be the "leading vote-getter"), but it hit a few points worth noting, including one of the key take-aways from the entire, epic morality tale still playing out on behalf of the entire U.S., in Arizona:

There you have it. That's why this story matters, and why it's far more than simply a "local story."

It also matters on a still-broader level because, even if the 2006 Tucson RTA election wasn't rigged --- and it's three years on, and nobody yet actually seems to know for certain --- due to the god-awful, privatized, untested, hackable, oft-failed, secret vote-counting machines we now use in our public elections, it's become virtually impossible to know if any elections counted on such machines were accurately tabulated.

AP notes that Goddard seems to finally be understanding that larger point, at least:

The Arizona Republic's Dennis Wagner pulled some details from AP's cursory coverage and augmented it substantially for more lengthy, detailed coverage filed on Wednesday as well, which we're happy to see and recommend.

In a related note: Tucson election integrity advocate John Brakey saw charges against him dismissed by a judge today, following his arrest ordered by Pima County election officials last year during a state-mandated, post-election hand-count --- a statutory mandate that likely would not have existed were it not for Brakey's advocacy for such post-election "audits."

The county's case against him was so bad Brakey wasn't even required to put on his own defense before the judge dismissed the case entirely after hearing the county's testimony. The recent criminal investigation hand count carried out by Goddard, and all of the issues discussed above, would also likely never have come to light in Arizona, had it not been for the tenacity, courage, and tireless determination of Brakey. Exclusive details on today's dismissed charges against him posted earlier here...

We wrote late last week, in some detail, about Arizona AG Terry Goddard's long overdue hand-count of paper ballots from the dubious 2006 Regional Transportation Authority (RTA) bond special election in Pima County (Tucson). The count of all 120,821 paper ballots from the election begins today in Phoenix as part of a criminal investigation, following years of allegations and court cases, in which a trans-partisan group of Election Integrity advocates in Tucson have sought transparency and public oversight following indications that Diebold tabulator databases may have been manipulated by election insiders.

Goddard's restrictions on political party observers --- just one per party, selected by the AG, not by the parties themselves --- was the cause of criticism by all of the involved parties (Republican, Democratic, Libertarian, etc.). But a letter [PDF] late last week from the AG's office indicated, at least, that a live, eight-camera video feed would be available on the Internet.

"Eight cameras will stream live video of the examination proceedings to the internet courtesy of the Maricopa County Elections Department," the AG promised. And, as the count began this morning, that feed is now up and running here.

Unfortunately, unlike Minnesota's recent, very transparent hand-count of 2.9 million ballots from the state's still-contested U.S. Senate race, the video from the Maricopa County Ballot Tabulation Center (BTC) is all but worthless, as critics had previously worried, in determining if counts are being carried out accurately.

Here are screen shots from this morning, as counting began, from all eight camera-views --- only two of which show any actual counting at all, while six of them are focused on different areas in the Phoenix counting facility (click a photo to see the live streaming shot)...

[Update 4/1/09: Murphy's lead shrank to just 25 votes "after local election officials began double-checking totals and their math today".]

Can't you citizens make up your minds?! Please?! The NY-20 U.S. House Special Election held today to fill the vacant seat of now Senator Kirsten Gillibrand is, of course, too close to call. Big time. Sigh.

The Democratic candidate Scott Murphy leads the Republican Jim Tedisco by just 65 25 votes out of more than 150,000 votes cast at the polls (lever machines, the last state to have them), with 100% of the precincts now having reported in tonight. It would be quite a come-from-behind victory for Murphy if he's able to pull it off, as Tedisco had been leading in the polls, in the heavily Republican district, until just a few days ago.

Of course, this will all now come down to the absentee ballots cast in the race. Just like Minnesota. The NY Board of Elections must now work out a schedule for their counting, as there are still a number of days for those to come in. It's being reported tonight that some 10,055 absentee ballots went out, "including 1,882 military and overseas ballots, of which 5,907 total had been returned" so far.

As Gregg Levine at FDL noticed earlier this afternoon, in a peculiar legal move, the NY Republican Party filed a strange legal motion [PDF], long before the polls were even closed, including this pre-emptive election challenge:

That part of the motion, Levine reports in a followup was "struck out by the court on the spot". They didn't buy the old "heads I win, tails you lose" routine from the GOP, apparently.

But the last graf of Eric Kleefeld's TPM coverage of the NY-20 race tonight deserves an all-time special prize:

UPDATE 4/8/09: Over the past week, the lead has shifted back and forth several times between Murpy and Tedisco in advance of the hand-count of some 7,000 absentee paper ballots set to begin today. We've got a quick update on the week's roller coaster ride as the count gets underway, now posted here...

Due, in no small part, to the concerns expressed in our February analysis of the January draft version of this year's Election Reform bill being introduced by Rep. Rush Holt (D-NJ) in the U.S. House, along with a bit of "lobbying" his office for a key change after the publication of that article, the updated version of the bill [PDF], said by his office to be the "final" one before introduction, has been slightly --- one might even say, significantly --- improved to meet one of our major concerns.

Still, while there is a lot of much-needed reform in this federal legislation, there remain many concerns with it as well. So let's take a quick, updated look at the good, the bad and the ugly in the soon-to-be-introduced "final" version of Holt's "Voter Confidence and Increased Accessibility Act of 2009"...

- Brad Friedman, The BRAD BLOG

"I follow the vote. And wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to...make bad things happen," CIA cybersecurity expert Steven Stigall explained, in a stunning presentation to a U.S. Election Assistance Commission (EAC) field hearing held one month ago in Orlando.

As initially reported earlier this week by Greg Gordon at McClatchy, "Stigall said that voting equipment connected to the Internet could be hacked, and machines that weren't connected could be compromised wirelessly. Eleven U.S. states have banned or limited wireless capability in voting equipment, but Stigall said that election officials didn't always know it when wireless cards were embedded in their machines."

"The CIA got interested in electronic systems a few years ago," Gordon reports Stigall as explaining at the EAC hearing, "after concluding that foreigners might try to hack U.S. election systems."

But as disturbing as Stigall's presentation was, what's almost as disturbing is that it took more than 11 days, McClatchy's coverage, a number of FOIA requests from VotersUnite's John Gideon (a frequent guest blogger here), and a couple of articles from BRAD BLOG alum, Michael Richardson of the Examiner (his coverage is here and here), before the EAC finally released the complete transcript of the meeting [WORD], including Stigall's remarks.

"The presenter did not provide the presentation, 'Computers and Elections: The Growing Potential for Cyber Vote Fraud', to the EAC, so we have no materials responsive to your request," Gideon was told in response to his Freedom of Information Act (FOIA) request to the EAC, as reported by Richardson. "We received the transcript on March 16, 2009, and it will be publicly available in the next few days."

As of last night, 10 days since the EAC admits they received the transcript of their own event which had taken place 20 days earlier, they had neither sent it to Gideon in response to his request, nor posted it on their website. As of this morning, a month since the hearing, it's finally up on their website, thanks in part, no doubt, to the pressure brought on the EAC by the public to do so. Even then, Stigall's remarks are not posted separately, as other presentations are, but rather, one has to go looking for the full transcript of the actual event to find it. So why both the delay and obfuscation from the famously dysfunctional (a nice way to put it) federal agency? Make your own best guesses, since there is no official explanation for the moment.

Happily, there were others at the meeting who had transcribed the CIA cybersecurity expert's startling remarks --- decimating the idea of supposedly "secure" e-voting --- independently, who then helped to bring it to the public's attention. Clearly, the strongly pro-e-voting EAC had/has little intention of doing so themselves.

Stigall's presentation, and we've got much more of it excerpted below, include a passel of disturbing thoughts. Many of them we've tried to impart on these pages for years, including comments which point up the dangers we've tried to warn about concerning pre-election voting machine "sleepovers" at the houses of pollworkers, and more indications of the dangers of Sequoia Voting Systems clandestine, on-going relationship with the Hugo Chavez-tied Venezuelan e-voting firm Smartmatic, as we reported exclusively here one year ago --- to little interest from the corporate media, despite Sequoia's claims to federal investigators that they had severed all ties with the firm...

Guest Blogged by Parke Bostrom of the Humboldt Transparency Project

At the California Secretary of State's public hearing regarding the possible decertification of Diebold's tabulator systems, GEMS v1.18.19, in relation to the "Deck Zero" covert deletion of 197 ballots in the November election, the audit log's magical "clear" button, and the GEMS audit logs failing to report when ballots were manually deleted by the operator, Diebold/Premier representatives tried to shift blame for the 197 deleted ballots onto the Humboldt County, CA, Registrar of Voters, Carolyn Crnich.

Crnich responded, "If you're saying that your system needs to be checked every damn time we turn it on, I agree with you."

Crnich's use of an expletive seems to have pushed Diebold/Premier's legal counsel over the edge, causing them to reach for and firmly press the "nuke" button in response, by petulantly informing the county of termination of licensing for the use of any of the company's products.

Several days after returning to Humboldt, following the hearing in Sacramento, Crnich received two letters from Premier. Both letters arrived in a single envelope, but unlike Premier Khrushchev's two letters to President Kennedy, Crnich did not get to choose which letter to respond to....