Guest Blogged by Jeeni Criscenzo

EDITOR'S NOTE: Jeeni Criscenzo is now the Democratic nominee running against incumbent Republican Rep. Darryl Issa for the U.S. House seat in California's 49th congressional district. In her guest blog below, she speaks about some of the horrendous outrages and other disastrous election administration she witnessed in San Diego County's Election on June 6th. She was a primary candidate that day, the same day as the now-questionable Busby/Bilbray race which was run on easily-hacked Diebold voting machines sent home overnight with poll workers prior to the election. Those "sleepovers" are in direct contravention of both state and federal laws and regulations implimented specifically in regard to Diebold voting systems. Thus, ignoring those rules and laws rendering them illegal for use in that election.

I spoke with her at some length last night, and I'm happy to see that, unlike so many Democratic candidates --- including Busby --- she is now more than willing to stand up and raise hell about these very clear outrages. While I have several concerns about her short-term suggested solution of using Absentee Ballots to fight back against the rise of the machines, her perspective is a unique one which deserves to be heard. She makes many points about which I wholeheartedly agree. I'll let you (and her) discuss any concerns in comments here.

No matter the nuanced quibbles, I'd urge you to support candidates like Criscenzo who are willing to speak out loudly and clearly about what the hell is going on here as we all work to find possible solutions to the ongoing and rapid crumbling of our current electoral system. Her campaign website, for more info or to send your support, is right here. --- BF

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Want Voting Integrity - Just Mail It!
by Jeeni Criscenzo

There has been a lot of talk since the California elections last week about the integrity of the vote count, particularly in the run-off election in the 50th District between Francine Busby and Brian Bilbray. It's not surprising that Busby's supporters are dubious of the results: polls showed Busby ahead by 3 to 7 points in the days before the election. An apparent Bilbray win is explained away as the result of a last minute blunder by Busby. If you plan to fix an election where the candidate you want to win is behind in the polls, you need to create a reason for the sudden change on election day, and there it was - Voila! - a last minute slip-of-the-tongue blasted throughout the country by the lock-step right-wing media.

As a candidate who won by a landslide (I was unopposed for the Democratic nomination for Congress, CA District 49), I'm in the fortunate position of being able to look into the election process in San Diego without being called a sore loser.

I made some troubling discoveries on Election Day when I visited 37 precincts in Oceanside as a roving poll monitor (or as Carol Hilton, my friend and monitoring partner, dubbed us --- "Poll Cats"). So last Friday, I visited the Registrar of Voters office to ask questions and to see for myself how the count was being handled....

I just got off the phone with Congresswoman Jan Schakowsky (D-IL) who reportedly wowed 'em a few hours ago during her speech (posted in full below) on the closing afternoon of the "Take Back America" conference being held in Washington D.C.

In her remarks, Schakowsky apologized for "not taking seriously enough the allegations that the 2004 election was stolen." She now feels it was, and claims that the Democratic Congressional Campaign Committee (DCCC) will be launching an initiative. From today's speech:

Raise a stink? Can do. So can you! Sign Velvet Revolution's petition declaring "No Confidence" in the Busby/Bilbray race!

(Hat tip to my buddy Peter B. Collins, who is in DC to cover the conference, for his quick phone call alert after Schakowsky's speech earlier this afternoon!)

Schakowsky's prepared statement from today's Take Back America conference speech follows in full...

Yesterday, Lou Dobbs did his 6th straight report on the dangers of E-Voting. Today he did his 7th report in a row, we hope to have that for you tomorrow.

In yesterday's report, Dobbs introduced it by describing the "rising doubts" about Electronic Voting Machines and said those doubts "about their accuracy and integrity threaten to undermine confidence in our democracy." Right on, Lou.

The report even quotes from last year's landmark GAO report on Electronic Voting, broken here last October, and unreported by CNN (or virtually anyone else in the media) at all until yesterday! (See the graphic at upper right)

Attorney Lowell Finley of VoterAction.org, the non-partisan group filing lawsuits to stop these systems around the country, is quoted as saying, "The real danger with electronic voting is with insider fraud, who just need a few minutes of access to a voting machine or to a tabulating computer and they can wreak havoc."

Dobbs closed the segment yesterday, incredulously, with this:

We'll have a report on one of those "people defending results," Michael Haas, the Registrar of Voters in San Diego County, where the results of the 50th Congressional district U.S. House race have been corrupted by his cavalier lack of concern about the security of Diebold voting systems used in the race. He seems to have no concerns, as Finley mentioned, about "insider fraud," or of the concept that "a few minutes of access to a voting machine...can wreak havoc." More on that tomorrow.

The video of Dobbs' 6th report in a row (compliments of David Edwards, natch) is linked below:

-- Video in Streaming Flash format...
-- Video in Windows Media format...

The complete text-transcript of yesterday's report follows...

It looked promising for a start. USA Today files a report today headlined "Spate of lawsuits target e-voting".

As we've been calling for for some time, a national media outlet begins to connect some of the many "local" dots around the country. Then, of course, they blow it.

Here's the good news, early in the story (all stuff we've reported long ago, but happy to see it reported here, of course):

No mention of other "some problems" in primaries so far this year in Ohio, Arkansas, Pennsylvania, Indiana, etc. But okay. What gets us is that the story then goes on to quote only two sources, both of whom are E-Voting advocates and both of whom suggest there is nothing to worry about and that these systems "can be trusted."

Not one quote from any of the myriad computer scientists and security experts who have decried the enormous flaws and security vulnerabilities in loads of electronic voting machines describing them as shocking, alarming, critical, etc. etc. etc.

Beginning to see any patterns here?

In a complaint said to be the broadest yet filed to halt the rise of the electronic voting machines, a non-partisan group of voters have announced they are filing suit today in Colorado to stop the purchase and use of Direct Recording Electronic ("DRE" or touch-screen) voting machines in the state, The BRAD BLOG can now reveal.

The suit, being filed today in Denver District Court and modeled after similar actions filed previously in California, Arizona and New Mexico, calls for an immediate halt to the use of touch-screen machines made by all four of the major electronic voting machine vendors currentlly doing business in Colorado.

The group, advised and organized by VoterAction.org contends that voting machines made by Diebold, Sequoia Voting Systems, Election Systems and Software Inc. (ES&S) and Hart InterCivic "have a well-documented history of problems with security, reliability, verifiability, and disability access."

According to a press release issued this morning (posted in full below) by the Denver law firm of Wheeler Trigg Kennedy LLP the machines "are easily hacked and compromised, and have a history of operational problems which have disrupted elections across the country."

Defendants named in the suit include Colorado Secretary of State Gigi Dennis and the Boards of county commissioners in 9 different CO counties.

"The Secretary of State's Office has failed to issue rules setting minimum standards for security of these systems. The election rules permit the DRE manufacturers to simply tell the State that their machines are secure," said Wheller Trigg Kennedy attorney Paul Hultin in the release. "Worse, the Secretary is not following the law. No certification reports required by law have been prepared even though these systems have been certified for months and counties are preparing to use these dubious systems in the upcoming election," he says.

"Some of the security risks with these machines are so high that it is unconscionable that their manufacturers, who have known of the problems for years, have not taken the necessary steps to correct them," says Univesity of Iowa computer science Professor Dr. Doug Jones, who is one of several experts who will be offering testimony in the case.

"The Help America Vote Act is being turned on its head, weakening the integrity of our elections in the rush to purchase untrustworthy DRE computerized voting systems," said Lowell Finley, Co-counsel for the Colorado voter plaintiffs, election law expert, and Co-director of Voter Action, according to the release. "The sanctity of our elections is too important to turn over to private corporations which operate without accountability. There are better and more secure options available, such as optical scan-paper balloting."

The complete filing is now online here [PDF]...

We're busy covering the Robert Kennedy article on Election 2004 in Rolling Stone today (we'll have extended excerpts on BRAD BLOG shortly), so we'll leave you with the complete press release below for more details on this developing case...

The fine new video blogger calling himself "Hot Potato Mash" has posted a few video excerpts from a talk I recently gave at the Culver City Democratic Club about two weeks ago. He's posted about about 8 minutes from the 30 or so I yammered on about in re: Election Integrity back on May 10th in an evening that also included the lovely Arlene Pinzler from Sen. Debra Bowen's office (have I mentioned lately that Bowen is running for Sec. of State of California in a really important election for all of America and could use your support before next week's primary?)

Please check out the video linked above and let us know what ya think. (NOTE TO CULVER CITY REPUBLICANS --- OR ANY OTHERS: I'll be happy to come and speak to you too! Just let me know when you'd like me to be there!)

While you're at The Mash, you may also want to check out this short video clip in which we learn about what's really important to American voters. Or atleast, what's important to them when the media bothers to cover it several hours a week during prime time.

(Hat tip John Gideon!)

After an otherwise encouraging headline on MSNBC's just posted "Optimism about voting reform wanes: New machines and procedures have been introduced, but problems persist" the article, by NBC News' Huma Zaidi goes curiously downhill thereafter.

Zaidi cursorily mentions early "a group of experts and election officials" who met in DC last month to discuss election reform and "the picture most of them painted wasn't very optimistic". As well, he reports that "Almost a dozen states that have already held primaries this year have experienced problems."

But enough with the facts of the matter. From there, it's time for the Pro E-Voting spin to commence...

Zaidi goes on to quote three different Electronic Voting supporters and not one of those previously mentioned un-optimistic "experts and election officials."

As well, while the article discusses the problems of "a handful of companies who produce voting machines" and who have had trouble fulfilling their contractual obligations to multiple states and counties in primary elections so far this year --- along with a nod to a one or two of the "wrinkles" and "glitches" caused by the machines so far this year --- not a single voting machine company is mentioned by name (not Diebold who has failed enormously, nor ES&S who has failed enormously, nor Sequoia Voting Systems who has failed enormously, nor Hart InterCivic who has failed enormously!)

On the other hand, the pro-electronic voting folks are named, and even have their websites plugged. Go figure.

We guess if you downplay problems by private companies who have access to millions of dollars and teams of attorneys ready to go, and don't bother to mention them or their failings by name, you're far less likely to be sued. Why else would NBC cover the issues this way after all?

As ever, we're glad to see attention finally being given to the most important matter of the legitimacy of our votes in our electoral democracy --- particularly by an outlet as large as MSNBC and NBC News --- but these articles that end up doing little more than saying "there's some problems, but everything will be just fine, nothing to worry about here" are getting absurd.

See NPR's report (text transcript now included) from over the weekend for a far more responsible --- and yes, "fair and balanced" --- report on this issue.

For more thoughts on all of this, see mass media maven Danny Schecter's "Why is the Media Downplaying Our Voting Scandal?" editorial as posted on Monday!

By John Gideon, www.VotersUnite.Org and www.VoteTrustUSA.Org May 15, 2006

Yes, the wheels are wobbling on the locomotives. The vendors --- ES&S, Diebold, and the rest --- attempt to keep a stiff upper lip as they both fail to perform, yet continue collecting tax-payer dollars from the county election coffers. Meanwhile some elections officials have just turned a blind-eye to what is happening while they continue to make excuses for their vendors: The private corporate American Electronic Voting Machine behemoths that are being paid to take over America's Public Electoral system.

And the Election Assistance Commission (EAC) which was put in place by the Help America Vote Act (HAVA), theoretically, to keep all of this from occurring? Well, all they do is raise their hands and shrug and tell anyone who asks, that they don't do voting systems certification so they just don't know anything. The Sergeant Schultz Defense, perhaps?

(In which we subtly bite the very Huff Po hand that feeds us...)

"On Electronic Voting: We Were Always Right, They Were Always Wrong..."

And we entrust these guys to correctly count our votes?! Are we out of our minds? Can these guys do anything right? (These questions have long ago been answered on these very pages, of course.)

From AP today...

And from the Daytona Beach News-Journal...

How much higher can the mountain of evidence get to make the case that these guys should be put out of the election business and our democracy's misery immediately and entirely?

Who the hell is running the federal Elections Assistance Commission (EAC)? OJ's jury?!

...CONTACT...
United States Election Assistance Commission
1225 New York Avenue N.W., Suite - 1100
Washington, DC 20005

Telephone: (202) 566-3100
Toll Free: (866) 747-1471
Fax: (202) 566-3127
E-mail Address: HAVAinfo@eac.gov

Guest Blogged by John Gideon

Just hours ago Betty Ireland, the Secretary of State of West Virginia filed a formal complaint against ES&S with the federal Elections Assistance Commission. A story in the State Journal quotes Secretary Ireland:

There have been failures all over the state. A small sampling of problems gives us:

The national media? Mums the word for them, it seems.

John Gideon contributed to this report.

A group of Arizona voters have filed a Motion for Preliminary Injunction against Sec. of State Jan Brewer to halt the purchase of electronic touch-screen voting systems in the state made by both Diebold, Inc. and Sequoia Voting Systems.

The voters announced today that the motion was being filed in time to stop the use of the Diebold TSx and Sequoia Edge II systems in the state's upcoming 2006 elections, due to security, verifiability, and disability access problems with these systems.

In addition to the litany of security issues concerning Diebold's TSx, details from the most severe one to date were just revealed publicly last Friday with more chilling details filed in the Oakland Tribune by Ian Hoffman today, the suit also contends the machines, being purchased and implemented in many Arizona counties for the first time this year, are accessible only for a small number of voters with disabilities.

Indeed, on Monday, Diebold issued a press release about new disabled-accessible features that the company is now making available for their line of touch-screen voting machines. The press release can be seen as a tacit agreement, of sorts, that those systems had not been previously accessible to all disabled voters as required by the federal Help America Vote Act (HAVA)?

"Obsessively?" Me? (He says as he writes this at 4:39am) Well, maybe. But someone's gotta.

So begins the editor's intro to a piece I was invited to submit to the Harvard University's Nieman Foundation for Journalism's Watchdog site. The invitation came from Deputy Editor, and Washington Post columnist Dan Froomkin, so I was honored to accept.

I was asked to submit questions for mainstream media folks to ask of Elections Officials about our current Electoral Train Wreck-in-Progress in hopes that someone in the MSM might actually do so. These are the tough questions which, frankly, ought to be asked of every damn Election Official in the country by every damn responsbile media person.

Several questions were edited out by Dan before posting for reasons that I don't completely understand. But as I consider him one of the good guys (who occassionally even links to BRAD BLOG from his WaPo page) I won't hold it against him.

So here's the piece as posted at Nieman Watchdog. (Including a swell pic of yours truly!)

And for the hard-cord Election Reform junkies, read on for the extra bonus questions which didn't make the cut. Who knows? Maybe someone in the MSM may one day want to know what they completely failed to ask about...

We've now been able to gather a great deal of additional information concerning details about the story we first posted yesterday on the official Pennsylvania state warning issued about the new "security vulnerability" discovered in all Diebold touch-screen electronic voting machines.

That warning, which has now brought a lock-down on all Diebold systems in PA, where early absentee (non-machine) voting is about to begin prior to their upcoming May 16th primary election, was reported by the Morning Call yesterday. The warning says the serious security vulnerability could allow ''unauthorized software to be loaded on to the system."

Public details about the warning are still sketchy as those in the know have acknowledged that the problem is so serious, they are hoping to keep the info under wraps until mitigation steps can be taken to safeguard systems.

The BRAD BLOG has been told on the record, however, by one person involved in the matter, that the vulnerability is a "major national security risk."

We've been speaking to many sources today, and we've been able to get several first hand comments on the problem from top officials and analysts directly involved in both state and federal certification of the Diebold systems, as well as from those involved in the initial discovery of the problem.

What's clear is that Morning Call's reporting that it was Diebold who found the "glitch" are flat wrong. The discovery of the "glitch" (which is anything but) emanated from the examination of Diebold AccuVote TSx (touch-screen) machines recently in Emery County, UT.

A source has told The BRAD BLOG that Diebold was "cornered" into admitting to the problem, a far cry from them having "found" it, as the Morning Call characterized it.

What's also clear is that neither Diebold themselves, nor federal officials at the Elections Assistance Commission (EAC) have been notifying states about the serious problem which apparently affects all Diebold AccuVote touch-screen systems, including both their newer TSx models, and the older TS and TS6 models.

The Diebold TSx models, with the security vulnerability still intact, were apparently used in the primary election last Tuesday in Ohio.

A document at Diebold's website describes [PDF] the TSx models as featuring "Industry Leading Security."

In Utah's Emery County, state officials are attempting to force Bruce Funk, the 23-year elected County Clerk out of his job in the wake of his having allowed a security evaluation of the county's new Diebold touch-screen systems by both computer security firm Security Innovation and Finnish computer security expert Harri Hursti. According to several sources, that analysis revealed many new vulnerabilities and problems in the Diebold touch-screen systems, including the one that seems to be at the heart of the problem now being warned about by Pennsylvania officials.

Funk --- who has since been "vilified," as one source told us, by both Diebold and Utah state officials as high as the Lt. Governor --- was forced to implement the new Diebold touch-screen systems for the first time this year against his own objections. His prudent subsequent security evaluation of the systems was arranged by electronic voting watchdog organization, BlackBoxVoting.org. (We recently interviewed Funk on the radio concerning that evaluation, and his subsequent removal from office in its wake. Listen to that interview here [MP3].)

Here's some of what we've so far been able to learn from a number of officials, both on the record and off, in Pennsylvania, elsewhere around the country and at the federal level, as well as those involved in the initial Emery County discoveries...