Hillsborough Co Florida outgoing election chief, Buddy Johnson, wanted $2.3M from the county to cover election cost overruns from the Nov. election. Stupidly Johnson did not bother showing up to appear before the county supervisors so they could ask him questions. The supervisors took his no-show as an insult and they have deferred any decision until they can review the election office’s records.

Meanwhile the Maryland Board of Public Works has approved a contract between the state and Premier/Diebold for $974,000 for six months to cover municipal elections within the state. That contract could add up to $1.4M if two three month options are exercised. All of this even though the state is scrapping their paperless DREs at the end of next year in place of a paper based system.

And, after the reports of Diebold accuracy failures in Humboldt Co., California, the county has decided to scrap their present system and replace it with machines provided by Hart Intercivic. The selection of Hart is a bit strange in light of the fact that Hart has removed themselves from all EAC certification testing. They will not, in the future, have a voting system that has been tested to the voting system standards and certified by the EAC....

Another check of the accuracy of Diebold/Premier voting machines has found that they fail in that department. While performing a state mandated audit Montgomery Co, Ohio, elections officials found that a memory card from one DRE voting machine read five more votes when read a second time during the audit. The county and state are investigating.

What does Diebold/Premier have to say? "We have not seen this particular condition anywhere else in Ohio or anywhere else in the country,” according to spokesman Chris Riggall. Clearly Riggall is joking. Of course they haven’t seen this condition in Ohio because Ohio has not done these audits in the past and the lack of audits across most of the rest of the country would ensure that no problems would have been found in the past.

Where there are audits that may have found this condition, the condition is ignored or just shrugged-off. What they ignore is that there is a federal law that dictates accuracy of voting systems and even the loss of these 5 ballots in a county that saw over 280,000 ballots cast is a violation of that law. ...

Following up on the latest monumental failure by Diebold/Premier --- whose voting system was recently found by a citizens' transparency project to have lost hundreds of ballots in a single precinct in Humboldt County, CA --- Wired's Kim Zetter covered the issue earlier this week.

Her article touched on a number of technical issues involved in the failure of the Diebold GEMS central tabulator which, though we hadn't noted them in our own coverage, are nonetheless important, even if somewhat down in the weeds, and perhaps most of note to technical election integrity geeks only.

As quoted below in some detail from Zetter's report, she advances the story by noting:

• The problem, which Diebold admits has been in its system for years, likely wouldn't have been noticed at all were it not for the unique, experimental, citizen-led "Humboldt Transparency Project." Even CA's required 1% random post-election "audit" wouldn't have uncovered the problem, since absentee ballots are not included in that audit.
• The chances of the problem occurring, which resulted in ballots being deleted without notice by the Diebold GEMS tabulator, are rather high, even if chances of discovery of the error by election officials are very low.
• Diebold's explanation for the failure may or may not be legitimate.
• The GEMS internal "audit logs" (the GEMS system was used in 34 states around the nation last November) aren't actually audit logs at all, and may not actually note the complete set of events which occurred on the voting system, even if anyone is allowed to review those logs in the first place.

Let's take a look at the details...

By John Gideon and Brad Friedman

"Some people have called those who have long decried our nation's move toward voting machines nuts or just sore losers," reads the editorial from yesterday's Eureka Times-Standard.

"They were loud, and they were strident in proclaiming that they didn't trust election technologies as much as they trust the ability of actual human beings to count votes," the paper continues in response to the citizen's "Transparency Project" in Humboldt County, CA which, as The BRAD BLOG reported last week, discovered some 200 ballots that the county's Diebold optical-scan system had deleted from the initially certified count. Humboldt registrar Carolyn Crnich --- who deserves much credit for working with local election integrity advocates to allow them to create a more transparent, open-source optical-scan system as a check on the buggy Diebold hardware and software --- was forced to to re-certify the November 4th election with new results after the findings.

"The recent discovery, thanks to the Humboldt County Election Transparency Project, of a discrepancy in election results due to flawed software reveals that these activists were right to make noise, and right to complain about a company that has been less than responsible in dealing with the problem."

Thanks for noticing, Times-Standard. Now will the rest of the country notice? Specifically, will the U.S. Election Assistance Commission, responsible for testing and certifying these machines at the federal level, and the U.S. Dept. of Justice, responsible for enforcing federal laws --- which again seem to have been violated by Diebold (whose election division now calls themselves Premier) --- notice and take action?

Interviews with and responses from CA officials from Crnich to Sec. of State Debra Bowen's office indicate a serious problem, yet again, with Diebold's handling of the software failure which the company has known about for four years, even as they allowed election officials to continue using the same system in several states.

The BRAD BLOG has obtained a copy of Diebold's original terse, emailed notice of the software failure, sent to Crnich's predecessor in 2004, but never sent to CA's new Sec. of State, despite her "Top-to-Bottom Review" of all e-voting systems in the state which she undertook after taking office in 2007. (The Diebold email notice is posted below, in full.)

At the same time, local software programmer Mitch Trachtenberg, who developed the simple, transparent, open-source optical-scan software, using off-the-shelf hardware for the citizen's project --- including the ability to post all scanned ballots onto the web for citizen review --- may have inadvertently revealed the scam perpetuated by the nation's electronic voting machine vendor's who were allocated some $3.9 billion federal tax dollars for their efforts at creating proprietary systems, which don't even work as promised...or as required by federal law...

Guest Blogged by John Gideon of VotersUnite.org

First I think congratulations are in order for Humboldt County California Registrar of Voters Carolyn Crnich. Crnich worked with local voters and began the "Humboldt Election Transparency Project". The Eureka Times-Standard describes the program like this:

Crnich also deserves a big thank you, along with Trachtenberg, from the voters of Eureka Precinct 1E-45 because if not for the project and Trachtenberg's software their votes in the recent general election would not have been counted. The Times-Standard explains:

And this "glitch" in the Diebold/Premier GEMS central tabulator software has been known to the company since 2004, or so Crnich learned after exchanging several calls with the vendor...

Guest blogged by Steve Heller of Velvet Revolution

The lead attorney for the plaintiffs in the civil RICO lawsuit King Lincoln v. Blackwell in Ohio has served a document hold request to Georgia Sec. of State Karen Handel in advance of the December 2nd run-off election between incumbent U.S. Senator Saxby Chambliss (R) and his opponent, Jim Martin (D).

Today's letter from attorney Cliff Arnebeck (posted in full at the end of this article) requests "any records of official investigation of the reported use of uncertified patches by Diebold in two Democratic Georgia counties in 2002, reported by former Diebold consultant Chris Hood."

It also requests "protocols, inspection and audit procedures that have been prescribed to protect against other introductions of uncertified patches into federal elections in Georgia."

And, in an effort to preempt any planned improprieties in the upcoming Georgia run-off election between incumbent Senator Saxby Chambliss (R) and his opponent, Jim Martin (D) --- particularly given the 2002 history of Diebold-run Senate elections featuring Chambliss --- Arnebeck also requests Handel's "confirmation that all … records for the runoff election will be retained for the federally prescribed 22 month period."

That last request, echoing a call for same made recently by The BRAD BLOG, comes at a moment when the stakes for the Georgia election could hardly be higher. The 22-month retention of memory cards and hard drives from electronic voting systems is frequently ignored by election officials, despite the federal statute requiring all materials from elections be securely stored for that full period. Unfortunately, memory cards and hard drives are routinely erased and re-used, despite the federal law.

In Georgia, that has been a peach of a problem for those concerned with election integrity...

As of the end of Day 3 of hand counting paper ballots in the MN U.S. Senate race between Democratic challenger Al Franken and incumbent Republican Norm Coleman, the total number of challenged ballots by both camps has now ballooned to more than 1500, even as the official gap of ballots that have now been tallied (versus the challenged ballots that will be adjudicated later by the state Canvassing Board) shrank slightly to 115. Franken's camp, however, now puts that number at less 100, based on their calculations of how election officials initially judged a number of those challenged ballots.

After Day 2 on Thursday night, when the gap had stood at just 129 votes , we noted the quickly growing number of challenged ballots by each party, which would likely end up determining the final results of the election. The numbers of those challenged ballots has now increased exponentially, with just over 60% now counted out of 2.9 million originally cast.

Unlike Georgia, where another U.S. Senate race from November 4th is still undecided, at least there are ballots to be challenged...

Nothing against Arizona Gov. Janet Napolitano (D), but moving her to head of Homeland Security in the Obama Administration would be an enormous mistake, at least for the voters of Arizona who would be stuck with the horrible Sec. of State Jan Brewer (R) as Governor.

AZ has no Lieutenant Governor, so the rightwing loon Brewer --- one of the worst Secretaries of State in the nation --- would take the helm and serve as Sarah Palin to the state's slim Republican majority in the legislature should Napolitano take over at DHS as has been reported.

While turning the Governorship from Democratic to Republican before the important 2010 Congressional re-apportionment elections, in a battleground state like AZ --- and yes, it's a battleground state --- is bad enough, that's just one part of what makes installing Brewer as Governor such a horrible idea...

We've predicted since Election Day that Al Franken's chances of winning the U.S. Senate seat in Minnesota are excellent. News tonight, out of the state where a manual count of the paper ballots began today, may already be bearing out that prediction, though it's far too early to know for sure. Franken, so far, has gained about 30 votes on the incumbent Sen. Norm Coleman on the first day of counting, bring the gap between the two to just 172 votes.

The race was previously determined, by the faulty and easily manipulated ES&S and Diebold ballot-scanning machines initially used to tabulate the paper ballots, to have given an edge of little more than 200 votes in favor of Coleman, out of nearly 3 million ballots cast.

That hasn't stopped Coleman from desperately and prematurely declaring "victory" --- hey, it worked for Dubya in 2000, and he was able to successfully take that to the Supreme Court, after all! --- nor has it kept the GOP conspiracy theorists and potential sore-losers from declaring all manner of unsubstantiated claims of "fraud" and attempts to "steal the election."

But as the hand count moves slowly forward --- and as I may be "off the grid," or otherwise unable to keep up with every beat as quickly as usual over the next several weeks --- I'd ask that you folks keep a very close eye on a very important point likely to reveal itself (to those who pay attention) during this count...

Guest Blogged by Katherine Forrest of The Commonweal Institute

Why Georgia? There's strongly suggestive evidence that the 2002 senatorial election in Georgia was stolen. That was the first election in which Diebold DRE (Direct Recording Electronic, usually touch-screen) voting machines were used statewide. Republican Saxby Chambliss beat front runner Democrat Max Cleland, with an astounding 12-point reversal of the vote count compared to pre-election polls. A last-minute "patch" had been applied covertly by Diebold staff to multiple voting machines throughout the state.

Now the Senate race hangs in the balance in Georgia again...

Guest blogged by Steven Rosenfeld of AlterNet

The electronic voting problems in the 2008 election are broader than recently-publicized snafus such as machines not turning on, voter databases omitting names, or touch screens not properly recording votes, according to an analysis of 1,700 incident reports from the nation's largest voter hotline.

Moreover, the voting machine issues and the confusion they caused among poll workers appear to have compounded the delays faced by untold thousands of voters this fall, a preliminary analysis of 1-800-OUR-VOTE reports by Joseph Lorenzo Hall, a researcher at Princeton University and the University of California, has found...

"Source code is almost irrelevant to us," says MD's State Election Director Linda Lamone a few minutes before she removes her mic and walks off the interview. "That's not what we use to run this voting system. It's the executable code."

Lamone, responsible for bringing Diebold's 100% unverifiable voting machines to the entire state of MD in 2002, is wrong and/or lies about so much in the course of this interview --- taped by a major broadcast news network, but never aired, in 2006 --- that we don't even have time to dissect it all. So, for the moment, I'll leave it to all of the good denizens of The BRAD BLOG who are now very well-versed in just how full of it Lamone is during the entirety of this interview.

"I think you're in Fantasy Land, so I'm gonna end this," Lamone says, ironically enough from the bowels of her own Fantasy Land, in support of her 100% faith-based voting system, before she rips off her mic, walks off camera, and ends the interview. We guess she's not used to being interviewed by a reporter who knows what she's talking about.

The remarkable, never-before-seen video follows (appx 6:45 mins)...

Guest blogged by Shannyn Moore

ANCHORAGE - It doesn't bother me to have fundamental differences with people. If it did, I'd never get out of bed. The person I most respected growing up, my Pop, was and is a conservative ideologue. I'm crazy about him. Disagreeing with facts is fair and healthy. Arguing from a place lacking intellectual curiosity is quite another as nothing is learned nor gained.

Since my first post questioning the voter turnout and other anomalies in Alaska's election, I've been accused of all sorts of things. I have been misquoted in the Anchorage Daily News. They claimed I wrote the election was "stolen." I wrote "Stolen Election in Alaska?" It wasn't the word, it was the punctuation.

But there is good reason to be concerned. A lawsuit filed in 2006 in State Superior Court to release the Diebold GEMS Software from 2004 revealed the database had been tampered with. Unfortunately, the user log-in and password were set to the default settings so it was impossible to tell who had edited the software numerous times post election, since all entries were made by "administrator" with password: "password". So it's not too outrageous for anybody to believe it's important, this time, to pay very close attention to the results of last Tuesday's election...

This just in from Alaska, where thousands of new ballots continue to be found each day, since it was first reported that turnout in 2008 was 11% lower than in 2004. Thousands of ballots, nearly a third of them, remain uncounted nearly a week after the election. Their numbers could explain the strange results so far in races --- such as those of the felonious Sen. Ted Stevens (R) and the under-investigation Rep. Don Young (R) --- for which pollsters had predicted decisive losses for the Republicans.

Even with the newly acknowledged ballots and even with Alaska's once-popular Gov. Sarah Palin and popular Sen. Barack Obama both on the Presidential ballot this year, turnout numbers still remain slightly below those from 2004. The Anchorage Daily News, with numbers somewhat out of date from those now posted below, called it all "puzzling" over the weekend, and pointed out much of what we've detailed here in previous posts.

The following updated numbers come from the DNC's Alaska Communications Director, Kay Brown late this afternoon [emphasis in the original]...

The election results being reported in Alaska still stink from top to bottom. While it may be true that fewer voters turned out to vote for Gov. Sarah Palin and Sen. Barack Obama on this year's Presidential tickets than turned out to vote for Bush and Kerry in 2004 --- even with Alaska's record increases in voter registration and voter participation during their primaries and unprecedented turnout during early voting --- it does strain credulity, as noted by Anchorage's Shannyn Moore, by poll analysist/expert Nate Silver and others.

There could be some reasonable explanation for poll-shattering upset victories by Republicans in Alaska's U.S. House and Senate contests, despite pre-election polls predicting near-certain defeat for convicted 7-time felon Sen. Ted Stevens and Rep. Don Young, who is currently under FBI investigation on corruption charges.

The state senator I spoke with --- who can't understand how it could be that polls predicted Democrats would gain 4 to 6 U.S. House seats in Alaska, but instead, according to Diebold and state election officials, currently seem to have lost 2 seats instead --- could simply be wrong in his belief that something strange is going on up there.

But, as always, rather than speculating on any of it, I suggest another way: Find out for certain who won and who lost, in such a way that no party or citizen would have reason to question the final results, by, among other things, counting the ballots --- all of them.

I've come to learn that's a nutty idea that only crazy people would advocate, but for all of you crazy people out there, here's what can be done to try and find out who really won or lost any particular race...