Blogged by Brad Friedman on the road to Denver...

Congrats to our friend Ellen Theisen of VotersUnite.org for both her tremendous report on private vendors undermining our public elections (about which she guest blogged here yesterday) and her long-overdue appearance on CNN's Lou Dobbs Tonight on Wednesday to discuss it (appx 3 mins, video courtesy of Alan Breslauer)...

Great to see Ellen finally recognized for all the tremendous work that she and BRAD BLOG stalwart John Gideon have been doing for so long at the non-partisan election watchdog Voters Unite!

That said, two minor-ish complaints about the Dobbs segment above...

Guest Blogged by Ellen Theisen of VotersUnite.org

[Ed Note: Ellen appeared on CNN's Lou Dobbs Tonight this evening to discuss this report. The video is now posted here.]

As we approach the 2008 general election, the structure of elections in the United States — once reliant on local representatives accountable to the public — has become almost wholly dependent on large corporations, which are not accountable to the public. Most local officials charged with running elections are now unable to administer elections without the equipment, services, and trade-secret software of a small number of corporations (primarily Election Systems and Software (ES&S), Hart InterCivic, Sequoia Voting Systems, and Premier Election Systems (formerly Diebold), though a few other corporations have a very small share of the market).

If the vendors withdrew their support for elections now, our election structure would collapse.

However, some states and localities are recognizing the threat that vendor dependency poses to elections. They are using ingenuity and determination to begin reversing the direction.

This week, VotersUnite.Org released a report [PDF] that examines the situation, how we got here, and steps we can take to limit corporate control of our elections in 2008 and reduce it even further in the future.

Case studies presented in our report give examples of the pervasive control voting system vendors now have over election administration in almost every state, and the consequences some jurisdictions are already experiencing. We discovered that such dependency has allowed vendors to...

Those conspiracy theorists over at Scientific American just refuse to move on and get over it.

Here's the latest headline from those whackos: "Planning to E-Vote? Read This First", subtitled "With less than three months before the presidential election, the hotly contested state, Ohio, along with others, continue to have problems with E-voting technology."

The tin-foil hatters over there (so-called scientists) have the temerity to report stuff like this:

What next? Aliens sending anthrax letters?

Addendum: To those who didn't get it, yes, my comments above about "conspiracy theorists" were, in fact, satirical. The SA article is right on target, a must-read, and concurs with virtually everything we've been trying to get across here on The BRAD BLOG for about 4 years straight. Even as we, ironically, were tarred by the democracy-haters as "conspiracy theorists". Hope that clarifies.

I'll be appearing tonight (Friday) for a Q&A following the 7:20 showing of Dorothy Fadiman's new documentary Stealing America: Vote-by-Vote, at the Laemmle's Music Hall in Beverly Hills where the film will be playing for through the 21st (see the website linked above for where and when else it's playing around both CA and the rest of the country). I'll also be sticking around to introduce the 9:50pm showing.

LA Times had this to say in the lede graf of their review today:

And from an earlier capsure review, posted by the Times earlier this month (a reprint from NY's Newsday), the wrote:

Sounds good to me! If you're in the 'hood, please come on by tonight and say hello! [DISCLOSURE: I'm in the film itself, though only briefly. So don't let that keep you from checking it out!]

I'll be jumping in again today (Wed.) to host KPFK/Pacifica's "Special Election Year Coverage" hour from 2p-3p PT (5p-6p ET).

My guests will be...

• PHIL LINDSEY of ShowMeTheVote.org to discuss the latest in the case of his arrest while trying to vote last week during Missouri's state primary, and
• DEAN LOGAN, L.A. County's Registrar of Voters, to discuss concerns about the polls here in November, as well as what happened to cause my own votes to be flipped by the voting system during last June's state primary election.

KPFK is heard at 90.7FM in Los Angeles and 98.7FM in Santa Barbara and streams live on the net at KPFK.org. Please tune in, stream in, and call-in at 818-985-5735, if you like.

Post-Show Update: Thanks to both Phil Lindsey and Dean Logan for joining me today. It was a very good and informative hour, if I say so myself. So informative, in fact, that someone called in to complain after the show that I wasn't tough enough on Logan. Okay. You can decide for yourself if I was, or wasn't, or if he even deserved it this time out. The archive follows. I appreciate that he showed up and took questions. We've got to work with election officials, folks. Period. Even as we hold feet to the fire.

(Appx. 1 hour) MP3 Download or listen online here...

Congratulations to filmmaker David Earnhardt and crew! See below for the press release, just out today from Starz, announcing that his seminal election integrity documentary, Uncounted: The New Math of American Elections, will be premiering on several of the pay cable net's outlets beginning on August 28th.

"Think your vote counts? Think again," the announcement trumpets, before describing the film as "A searing indictment of the election process as it affected both the 2004 and 2006 Elections...And could affect the outcome of the 2008 Election."

The beautifully structured film will screen multiple times on both Starz Edge and Starz Cinema from August through early October (see currently scheduled showings here).

No Starz? No Problem!...

We, of course, have been singing Uncounted's praises for quite some time here at The BRAD BLOG --- even though we're prominently featured in it, we highly recommend it nonetheless --- and we'll take this opportunity to again remind readers that Earnhardt has been kind enough to offer hand-signed DVD versions of the film available as a premium here only for our readers.

So if you'd like your very own collectors' edition of Uncounted (and we think you'll want to share it with alot of folks once you see it!) we'll get one out to you right away in exchange for a contribution to The BRAD BLOG of $50 or more. You can check out a teaser, and clips from the film, at the official Uncounted website.

(Snail mail donations are also welcome; see the blue box on the right of every page here for our address. For other related premium offers, helpful in keeping our work going, please see this page. As always, your support is greatly appreciated and much needed! It will also help us with gas money to get out to the Democratic Convention next, where we're sure the Dems will just be delighted to see us, after having refused us press credentials. But, of course, we've got a Plan B. Wish us luck! And thanks in advance for any help you can offer!)

The complete news release, announcing Uncounted's premiere on the Starz network, follows below...

This story is unfrickin'-believable. Or maybe it isn't. It took place in Thor Hearne country, after all. And though she didn't get arrested and thrown in jail, a similar incident happened to the Missouri Secretary of State during the 2006 election.

A voter in Kansas City on Tuesday --- one I happen to know, because he's an Election Integrity advocate in the Show Me State --- was arrested and sent to jail after he refused to show a driver's license at the polling place before attempting to vote during the state's Primary Election.

The voter is Phil Lindsey of ShowMeTheVote.org and he posted the details of his harrowing tale over at DemocraticUnderground.com, where he posts as "galloglas," after being released on Tuesday night.

He told me, via email late last night, that he's been in close touch with MO Secretary of State Robin Carnahan following the incident, and that both local media and folks such as nationally syndicated radio host Thom Hartmann have been in touch with him since the story broke last night. He was surprised, but pleased, that the incident has received so much coverage already. [UPDATE: Local Fox affiliate now covering here, for example.]

Never mind that requiring a voter to show a driver's license in MO before he or she can vote was found unconstitutional in 2006. Never mind that he showed the pollworkers a perfectly legal and proper precinct-issued voter ID card when he went to vote. Never mind that he had even called to check with the local Board of Elections before going to vote, to make sure that the ID would be acceptable. Never mind that he even brought a copy of the MO law to show the pollworkers who had demanded a driver's license (much as they had done, illegally, in a previous election he'd voted in).

The cops were called, and he ended up going to jail anyway. The charge on the citation: "Did knowingly cause a disturbance/disorderly conduct to wit: acts in a violent or tumultuous manner toward another, placing such person(s) in fear of safety by refusing to show proper I. D. when voting"...

Guest Blogged by Mary Mancini of the Uncounted Blog

For some reason our wild and crazy wig-wearing Founding Fathers didn't see the need to build the right to vote into the Constitution. Instead, they decided to leave it up to the individual States to determine who, where, when, and how we vote. Oh sure, some voting rights have been amended into the Constitution in the form of anti-discrimination prohibitions (15th, 19th, and 26th), but the fundamental and very human right of the franchise is nowhere to be found. Zero. Zip. Nil. Nada.

Turns out that while election integrity activists have been busy fighting against systemic disenfranchisement, Rep. Jesse Jackson, Jr., has been introducing House Joint Resolution 28 (H.J. Res. 28) --- legislation calling for an amendment to the U.S. Constitution granting everyone the affirmative right to vote --- in every Congress since 2001, noting that "It's time to scrap the states' rights-based system we have now, and place the right to vote alongside the constitutionally-protected right to free speech."

Today, Rep. Jackson furthered his cause by releasing a statement to the press citing a new report by the Advancement Project (which "details a dizzying array of Election Day meltdowns), as well as the documentary Uncounted: The New Math of American Elections (which offers "evidence of how voting machines themselves can create problems"). Both the report and the film, he says...

Good God almighty, I think we need a music break. Here's one. Brought to our attention by BRAD BLOG reader, badass Nashville blues man, and citizen Election Integrity champion Shannon Williford of Gathering To Save Our Demcoracy. (See a terrific recent MTV "Street Team '08" article on Shannon's EI advocacy here: "Electile Dysfunction – A Case Study in Successful Treatment", and the companion MTV video interview with him and his daughter, Linden here: "Who Did Your Voting Machine Vote For?" I've also posted the video interview below the fold for good measure, cuz the Willifords rock! On behalf of America, thanks guys!)

But anyway...back to the music break...It comes fresh out of the studio from Shannon's buddy Ross Falzone, off his new CD, Life Here On Earth, I'm hoping the title of the cut, "The Truth Has God on Its Side," proves right. Thanks for doing your part to call the liars Bush and Cheney on the carpet in the video, Ross! Some good clips I hadn't seen in a while! Enjoy...

And check out the video interview with Shannon and awesome daughter below!...

-- Brad Friedman

I had the opportunity to ask an important question of both the legendary Leon County (Tallahassee), FL, Supervisor of Elections, Ion Sancho, and Los Angeles County's no-longer-interim Registrar of Voters, Dean Logan, last week here in Los Angeles.

Readers of The BRAD BLOG will remember Logan from his poor showing, as acting Registrar, in the handling of L.A.'s Super Tuesday "Double Bubble" ballot debacle, in which at least 12,000 mostly-perfectly-countable votes from the Democratic Primary went completely uncounted, as well as his handling of the failure I encountered myself, in the more recent state primary in June, when four of my own votes were printed incorrectly by the county's ES&S electronic voting system.

Sancho was in town for press avails, in advance of the opening of Dorothy Fadiman's new documentary Stealing America: Vote-by-Vote (opening for week-long runs in NYC on Aug 1st, and in L.A. on Aug 15th - DISCLOSURE: I appear briefly in the film). Logan, to his credit, was kind enough to show up, with his deputy Peter McNamara, for a screening of the film held by PDA last Thursday.

After the screening, Sancho, a compelling presence in Fadiman's film, as he was in HBO's landmark 2006 documentary, Hacking Democracy, answered questions, and the activists in the crowd managed to shoehorn Logan onto the stage to speak to a number of local concerns as well.

I took the opportunity to ask a few questions of both men, as captured by Alan Breslauer, with answers, on the video posted at the end of this article.

Of most important note, I wanted to know if either of them would commit to a hand-count of ballots in a handful of precincts this November, on an experimental basis, on Election Night. The count, in such a "pilot program" as I described it, needn't be the official count, but could later be compared to the results as reported by both counties' optical-scanners, since both L.A. and Leon County use paper ballots for their non-disabled voters.

As I've advocated to a few other election officials in the past, hand-counting in this small, experimental way would help us all to begin to compile data about the effectiveness --- or even, lack thereof --- of transparent, polling-place based HCPB (Hand-Counted Paper Ballots) on Election Night, as many Election Integrity advocates have called for...

As we broke earlier this week, after previous snubs and threats of subpoenas, Ohio's disgracefully-partisan former Sec. of State J. Kenneth Blackwell was finally set to testify to the House Judiciary Committee today (as well as another legendary GOP vote suppressor, former FEC chair and DoJ Voting Rights Division gamer, Hans von Spakovsky.)

After a late start, and a then a blackout of the Judiciary Committee's webcast feed just after Blackwell began his opening statement ("Thank you Mr. Chairman..." and then suddenly the feed went out), things picked up again during the opening statement of GOP propagandist/attorney Cleta Mitchell who went on and on about the same old nonsense concerning "voter fraud" via voter registration applications submitted by ACORN, the GOP's old "voter fraud" strawman...

The U.S. House Judiciary Committee's subcommittee on the Constitution, Civil Rights, and Civil Liberties will be holding a hearing this Thursday on "Lessons Learned from the 2004 Presidential Election."

Though no press release has yet been sent out by the Committee, and the link to the hearing's page at the Judiciary website is currently broken, The BRAD BLOG has both good news and bad news to report here.

The good news: Ohio's former Sec. of State J. Kenneth Blackwell has been invited to testify and has confirmed that he will actually show up this time, according to several Judiciary sources. Blackwell had previously snubbed the committee's earlier invitation to testify back in February about the myriad crimes that were committed on and by his watch in the 2004 Presidential Election.

Following his last refusal to appear --- when he responded to the committee claiming "my schedule will not permit me to attend the hearings" --- Judiciary Committee spokesperson Jonathon Godfrey hinted that a subpoena might be forthcoming if Blackwell continued to refuse to appear. This time, at least as of today, it looks like he's coming, according to confirmation by Godfrey this afternoon. Thus guaranteeing what should be a very lively hearing.

More good news: Shameless GOP "voter fraud" zealot and disgraced former FEC chair Hans Von Spakovsky will also be appearing. By invitation of the Republicans on the committee, amusingly enough. What were they thinking in inviting this embarrassment? Beats us, but we're happy to hear he'll be back on the Congressional hot seat. Thanks Repubs!

And then there's the bad news...

Guest Blogged by John Gideon, VotersUnite

As set up by the Help America Vote Act of 2002, the U.S. Election Assistance Commission (EAC) receives some advice from a Board of Advisors. The Board is made up of a set number of people representing groups like the National Association of Secretaries of State; National Governors Association; International Association of Clerks, Recorders, Election Officials and Treasurers; congressional leaders; and even two members of The Election Center, a vendor-sponsored group that promotes electronic voting. There are no voters groups and no one from the election integrity community on the Board. But then, who cares what the voters think?

The Board of Advisors is advising [PDF, pg 7] the EAC, via resolution, that they need to speed-up the certification process for voting systems. They want the system to be what it was under the old, rubber-stamp system headed by the National Association of State Elections Directors (NASED). They want the same system of testing and certification that has resulted in our voting systems failing in many elections and not even being compliant with federal standards.

Incredibly, the Board's recommendation to the EAC goes so far as to admit that a failed "common practice" of the past should, apparently, be re-instituted under the newer certification system. "The common practice since the introduction of electronic voting systems," they wrote, "has been to make hardware and software upgrades based on issues found in the most recent election in sufficient time to improve the voting systems for the next general election."

That is a stunning admission. That that is a system they'd like to return to is even more stunning.

The EAC is holding a public meeting in Phoenix later this month and the Board of Advisors' resolution is to be discussed by the commissioners. I sent the following email to the commissioners and staff of the EAC to voice my concerns about the resolution.

My letter to them follows in full below...

Blogged by Brad from the road...

More at ars technica...

The findings of the French study are hardly surprising to those of us who haven't been ignoring the exact same problems for years here in the U.S.. The difference, of course, will likely come in the way that France --- like other European countries, and decidedly unlike the U.S. --- responds to the findings...

Guest Blogged by Alan Breslauer