Guest Blogged by John Gideon, VotersUnite.Org

As we reported on Sunday, Dan Rather's investigation of the voting machine industry is causing a stir. Apparently the Election Assistance Commission (EAC) decided that something in the Rather report did not match up with what ES&S had reported to them.

The voting machine company failed to disclose that their equipment was being made in a sweatshop in the Philippines even though they are supposed to reveal all such information to the federal EAC. In a strange fit of responsible behavior, the EAC has sent them a letter of reprimand (letter is posted in full below). Though the notice amounts to little more than a friendly slap on the wrist.

Similarly, the EAC has sent a letter to voting machine company Advanced Voting Systems (AVS), for secretly replacing mother boards in their systems without certification or approval. That letter is also posted at the end of this article.

An interview with Rather, earlier this afternoon on CNN's Situation Room, is now posted at right. Rather's startling report will be airing beginning this evening at 8PM EDT and will air on HD Net over the next few days. It will also be on-line for those who cannot get HD Net. We'll try to provide links as soon as one becomes available. Our report from Sunday included a disturbing 12 minute preview version.

UPDATE FROM BRAD : Kim Zetter at WIRED adds a few details to this issue moments ago, including this interesting revelation of some ES&S sleight-of-hand to hide their Filipino sweatshop...

The full letters from the EAC can be found here [PDF]. A text version of both are found below...

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

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

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

Guest Blogged by John Gideon, VotersUnite.Org

Last night Congressman Dennis Kucinich was one of two guests on the Election Integrity radio program, "Voice of the Voters," which airs weekly at 8PM Eastern on WNJC Radio 1360AM and streams live.

The subject was voting machines, the vendors, and the voters, and Kucinich raised the possibility that the recent studies done on such systems in California might be the basis of a lawsuit to throw out "that technology." He said felt that legal action, in this instance, may be a faster route than waiting on Congress to act.

He also discussed his concerns about the use of Direct Recording Electronic (DRE, usually touch-screen) voting machines in general, and expressed his feeling that they do not allow for confidence by the electorate. "There is a question of validity of an election. People have to know their vote counts and is counted," he told host Mary Ann Gould, "People cannot be guaranteed that with the present DRE system."

Here is the audio of Kucinich's the interview with Mary Ann Gould on yesterday's "Voice of the Voters" (about 20 mins):

(Hat tip to Alan Breslauer for preparing the audio.)

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

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

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

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

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

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

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

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

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

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

Blogged by Brad Friedman from somewhere in Oklahoma...

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

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

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

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

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

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

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

Guest Blogged by Alan Breslauer

A Transcript of the segment of Lou Dobbs is below

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

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

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

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

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

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

We concur...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As reported by PCWorld...

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

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

Got that, Mr. Holt and Ms. Feinstein?

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

Blogged by John Gideon, VotersUnite.Org

"The problems we found in the code were far more pervasive, and much more easily exploitable, than I had ever imagined they would be." Matt Blaze 02 August

Today the California Source Code Review Reports were released by Secretary of State Bowen's office. Reports were released on the Diebold, Sequoia, and Hart Intercivic voting systems.

The lead researcher for the Sequoia source code team was Matt Blaze. In his blog, Exhaustive Search, Blaze discusses the results of all of the inspections.

Blaze then concludes with what may be a hint of decisions to come:

Blogged quickly by Brad from somewhere deep in the heart of Texas...

Color us shocked. Elections Officials who oversee their own elections or those of their party leaders...and then go to work for the Voting Machine Companies they do business with/apologize for. Hey, at least they're now getting paid (publicly) for the lobbying work they were doing for those companies already.

New York Times notices the problem we have with the way our electoral system "works" and how so many of those who run it seem to work for everyone but the voters...

And a note to NY Times' Ian Urbina: Good story. Though it would be a journalistic breath of fresh air if you avoided already discredited political operatives as quoted sources. E.g., folks like Robert Pastor of the hoax Baker/Carter National Election Reform Commission and the anti-democratic GOP wingnut SoS of Indiana, Todd Rokita. Consider it a friendly request with appreciation that you seem to be back on this beat...

Guest Blogged by John Washburn

Currently, the public portions of the top to bottom review published by California last week have rightly been the subject of banner headlines. A report from the University of Connecticut, however, which was entitled "Integrity Vulnerabilities in the Diebold TSx Voting Terminal" and released a few days prior with not quite as much fanfare, provides an excellent counter to the oft-repeated vendor talking point that the California testing is similar to "giving keys to a thief."

The University of Connecticut report is immune to this specious argument. The University of Connecticut team had no access to source code or any information which was not publicly available. These limitations are precisely what all three vendors defined as "realistic" in their testimony in California at the public hearing on Monday July, 30, 2007. Yet, under these vendor-approved conditions, the University of Connecticut found yet another set of new, serious, and election altering defects and was able to exploit them in a disturbingly effective manner.

Guest Blogged by John Gideon, VotersUnite.Org

In a recently released report, New York Attorney Andrea Novick, Esq., tells members of New York state government and now the world that the vendors of the voting machines that most of us use are NOT responsible citizens and why. This report was written for, and addressed to, Governor Spitzer, the State Board of Elections and the State Legislature.

In her report Novick explains that New York state has laws that should bar any of the vendors from doing business in the state.

New York State Law states the following about corporate integrity...

According to a story in the Miami Herald by Marc Caputo;

The study by the Florida State University Security and Assurance In Information Technology Laboratory (SAIT) has found that the issues discovered by Harri Hursti in the now famous Hursti I hack have not been addressed by Diebold. The SAIT Team also inspected the state's Diebold DREs and DRE Bootloader.

In a letter to David Byrd of Diebold, Secretary of State Kurt Browning gave Diebold until August 17 to correct the identified problems. Failure to do that will result in the system not being certified for use in the next election in the state.