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County's Election Director, Steve Harsman, Wholly Clueless...
By Brad Friedman on 3/9/2007 11:35am PT  

And still another complaint registered against DRE/touch-screen voting systems. It's Diebold's turn again this time. According to the Dayton Daily News...

DAYTON — A legal rights advocacy group wants Ohio Secretary of State Jennifer Brunner to investigate complaints from about 20 voters that Montgomery County's [Diebold] touch screen electronic voting machines changed their votes during the November election.

The avalanche of these types of complaints and lawsuits is just beginning, people. Will Congress and Elections Officials figure it out any time soon?

In any case, it doesn't look like Montgomery County's Election Director, Steve Harsman, has joined the rest of us here in Reality Land yet.

Even after the story linked above detailed a member of the board of elections who "said the machine he used would not record his vote" properly, Harsman told the paper that "he believes most of the problems can be explained by voters unfamiliarity with the new machines, rather than equipment failure."

The BRAD BLOG begs to respectfully disagree with Harsman. We believe most of the problems can instead be explained by Mr. Harsman's overfamiliarity with the bullshit he's been peddled by Diebold, in addition to a complete Election Director failure.

E-Voting - Game Over. We win. They lose. Move on. Get over it. The only question now is how long it takes them to get it and how many more elections jerks like Harsman are willing to see trashed (and how many voters he's willing to trash along the way.)

(Hat-tip BRAD BLOG commenter "A Concerned Citizen")

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Princeton's Computer Science Professor, Ed Felten, Begins to Look at the Failed Jennings/Buchanan U.S. House Race in Florida, But Seems to Buy Into a Flawed Theory and Solution
'Paper Trails' on Sarasota's Voting Machines Would Have Made the Situation Worse, Not Better...
By Brad Friedman on 1/30/2007 1:33pm PT  

Blogged by Brad Friedman from on the road...

To be clear, despite the headline, we don't mean to call Princeton's computer science professor Ed Felten "stupid" by any means. We do, however, mean to make clear --- in no uncertain terms --- that the oft-floated idea that adding so-called "paper trails" to failed, paperless ES&S touch-screen voting machines, such as those used in last November's U.S. House race in Sarasota between Christine Jennings (D) and Vern Buchanan (R), would not have avoided the situation we're now in. In fact, such "Voter Verified Paper Audit Trails" (VVPAT) added to Direct Recording Electronic (DRE/touch-screen) systems would likely make our current crisis of democracy worse instead of better.

As we've said before, DREs with or without a VVPAT are a threat to democracy. VVPATs are little more than a band-aid at best, and more likely serve only as a panacea to offer a false sense of security.

Adding a "paper trail" to a DRE/touch-screen system is like requiring a seat belt in a Ford Pinto; what good will the seat belts do when the Pinto explodes?

Today then, Princeton's Felten (he of the infamous Diebold Touch-Screen Virus Hack) has posted an article on his blog looking at what may have happened in the contested U.S. House race in Florida's 13th Congressional District between Jennings and Buchanan, in which some 18,000 votes seem to have disappeared completely on the paperless ES&S touch-screen voting machines. Just 369 votes separate the two candidates in the flawed state-certified final results.

In his essay, the first of a promised series to come this week, Felten correctly points out that the situation can only be attributed to problems with the ES&S voting machines themselves, since the undervote rate for the very same race in the very same county was a reasonable 2.5% on the paper absentee ballots, but jumped nearly 15% as recorded on the ES&S touch-screen machines.

Even ES&S's only expert witness so far to take the stand --- Dartmouth College's political (not computer) scientist, Michael Herron --- in the election contest down in Florida admitted that were it not for problems voters encountered in using those voting machines, Jennings likely would have been named the winner. That point was reported by Sarasota Herald Tribune who reported on the testimony this way: "Had those ballots been cast without problems, Jennings would have won by as many as 3,000 votes, according to the ES&S expert's statistical 'best guess.'" Reporting from both Wired News and our own discussions just after the testimony with Lowell Finley, the attorney for VoterAction.org, one of several non-partisan groups who argued the case on behalf of the Florida voter plaintiffs who joined Christine Jennings in filing an election contest, confirmed that point as well.

So the question --- for those legitimately trying to figure out what went wrong, as opposed to Buchanan and his supporters who simply want to claim the House seat as their own, even if it's an aberration of democracy --- is whether the problem was due to bad ballot design, machine malfunction, or, most likely, some combination of both. With just 369 votes between the two candidates in the state-certified final result (which is being challenged in both Florida courts and the U.S. House), virtually every analysis has determined that even a minor machine malfunction would likely have thrown the race to the Republican in the Democrat's strongest areas in Sarasota. That's where the largest undervote rates occured.

Felten's thesis, however, as he begins to discuss today in his first article on the topic, would seem to suggest --- incorrectly, in our view --- that a "paper trail" on those paperless touch-screens would have avoided this problem. We'll answer by suggesting it would only have made it worse.

In the meantime, an as-yet under-reported affidavit obtained by The BRAD BLOG from a poll worker, which accompanied a complaint filed by a Republican (yep, you read that right) in Sarasota who believes machine malfunction was clearly the culprit, seems to demonstrate clearly that a problem with the ES&S iVotronic system, not a problem finding the race on the ballot, was to blame for the massive undervote rate.

Couple that with two excellent reports from Daniel Hopsicker as filed last week (one here, the second here) analyzing, in crystal-clear detail, a number of contemporaneous news reports from Sarasota before, during, and after the election, it becomes very clear that machine failure was the problem in the FL-13 election and not "bad ballot design" --- the favored theory of folks hoping to keep the "provisionally seated" Buchanan in power.

Hopsicker's excellent review of those news reports, both as the problem was first emerging and just after the election, when voters' and poll workers' recollections were still fresh, reveals that voter and poll worker complaints at that time overwhelmingly focused on problems voters had casting their votes in particular races and not on problems finding particular races on the ballots!

We'll take a look at the complaint filed by the Republican mentioned above, along with the poll-worker affidavit, in a future report this week. But for now, we'll look at Felten's "Paper Trails Would Have Avoided the Problem" theory.

As Felten averred today...

--- Click here for REST OF STORY!... ---

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If You Missed 'Em, Here They Are Again...
You're Welcome Diebold!
By Brad Friedman on 1/29/2007 11:05am PT  

Blogged by Brad from on the road...

There were a number of notable updates added, in the subsequent 24 to 48 hours after we published our piece on the idiots at Diebold who gave away the keys to the kingdom (literally).

The story, btw, shot to the top of a bunch of sites --- no easy feat for an Election Integrity-related story which doesn't feature Ann Coulter --- and was even picked up by the rightwing "news" site, WorldNetDaily who (unlike CNet's coverage, tsk tsk) gave us the appropriate attribution. Should I be pleased or horrified?

Anyway...As we reported initially, Diebold --- incredibly --- posted a picture of the actual key which --- incredibly --- opens all Diebold touch-screen voting systems on their website. Not so incredibly, the photo was subsequently used to hack the key and create working duplicates by an IT expert. Just the latest jaw-dropping chapter in the incredible series of blunders by one of America's largest, and most irresponsible, voting machine companies...the same ones who are --- incredibly --- contracted to protect the U.S. Constitution and Declaration of Independence at the National Archives and who, in early January, --- incredibly --- received certification from George W. Bush's U.S. Homeland Security department for high-security contracts.

As the notable updates to the original story came after you may have read it, but they deserve to be noticed, we re-run them here in full just to make sure everyone is able to play along at home and that Diebold enjoys the maximum amount of shame that they've worked so hard to earn.

Read on. Watch Diebold run. Be amused or horrified as you see fit...

--- Click here for REST OF STORY!... ---

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Princeton University Computer Scientists Confirm 'Secret' Key For Every Diebold Voting Machine 'Revealed' on Company Website!
[UPDATED THRICE] Shutting the Barn Door After Horse Has Left: Diebold Removes Photo, PLUS: Receives Certification for U.S. Homeland Security Contracts...NOW BAIT & SWITCH: Diebold Puts Digital Key Online Where Mechanical Key Was Previously!
By Brad Friedman on 1/24/2007 6:05am PT  

Ed Note: Several important updates now added to the end of the story...

Good lord in heaven. How dumb are these guys at Diebold?! Can you believe the United States has actually entrusted them to build a security system for the original U.S. Constitution, the Declaration of Independence and the Bill of Rights?!

After everything else... now comes this.

It was revealed in the course of last summer's landmark virus hack of a Diebold touch-screen voting system at Princeton University that, incredibly, the company uses the same key to open every machine. It's also an easy key to buy at any office supply store since it's used for filing cabinets and hotel mini-bars! That is, if you're not a poll worker who already has one from the last time you worked on an election (anybody listening down there in San Diego?).

The Princeton Diebold Virus Hack, if you've been living in a cave, found that a single person with 60 seconds of unsupervised access to the system, who either picked the lock (easy in 10 seconds) or had a key, could slip a vote-swapping virus onto a single machine which could then undetectably affect every other machine in the county to steal an entire election.

But the folks at Princeton who discovered the hack (after our own organization, VelvetRevolution.us, gave them the Diebold touch-screen machine on which to perform their tests) had resisted showing exactly what the key looked like in order to hold on to some semblance of security for Diebold's Disposable Touch-Screen Voting Systems.

But guess what? Diebold didn't bother to even have that much common sense.

This idiotic company has had a photograph of the stupid key sitting on their own website's online store! (Screenshot at end of this article.)

Of course, they'll only sell such keys to "Diebold account holders" apparently --- or so they claim --- but that's hardly a problem. J. Alex Halderman, one of the folks who worked on the Princeton Hack and tried to keep the design of the key secret for obvious reasons, revealed Tuesday that a friend of his had found the photo of the key on Diebold's website and discovered that was all he needed to create a working copy!

As Halderman writes...

--- Click here for REST OF STORY!... ---

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State Lawmakers Moving Towards Paper 'Trail' Voting Instead of Paper BALLOTS...
By Brad Friedman on 1/13/2007 7:21pm PT  

Maryland was one of the first states in the country (along with Georgia) to adopt Diebold's paperless touch-screen voting. Now that they've learned from that mistake, it looks like their legislature is preparing to make the same mistake again by moving to paper trail voting, instead of paper ballots, according to the Washington Post.

If you're still confused about the difference --- and even if you're not --- please see this short and to-the-point Open Letter to Congress Members, and the accompanying e-mail petition, signed and released by more than 35 non-partisan Election Integrity organizations just before the holidays.

It calls for a paper ballot --- not "trail" or "record" --- for every vote cast in America. That is, of course, the only acceptable first-step solution on the long road towards restoring America's electoral system and the voters' confidence therein.

After you've read it and signed it, please pass it on. Maybe Maryland will take notice before they screw things up again. We certainly hope so.

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ADDITIONAL MATERIAL: Details of Attorney Oral Arguments Concerning Whether the U.S. Congress Can Overrule State Election Laws Simply by Swearing Someone In
Also, Updates on Some of the Sad Players...Some Gone, Others (Hopefully) on Their Way Out...
By Brad Friedman on 1/10/2007 11:05am PT  

Yes, like the Energizer Bunny, the case in CA50 (Jacobson v. Bilbray) is still going. The first oral arguments on the appeal took place on Monday.

To recap: the original case was filed last Summer by San Diego voters Gail Jacobson and Lillian Ritt against then-candidate Brian Bilbray and SD County Registrar of Voters/Voter Hater Mikel Haas, after a BRAD BLOG report revealed that pre-programmed, election-ready, hackable-in-60-seconds Diebold voting machines were sent home illegally (in our rarely humble opinion, though one shared in a recent interview by California's new Secretary of State Debra Bowen) with poll workers on overnight "sleepovers" days and weeks before the U.S. House Special Election last July to replace the disgraced Randy "Duke" Cunningham.

There is much more than just the "sleepovers" at question in the case, like the fact that Haas, one of America's worst Elections Officials, arbitrarily and capriciously quoted a legal request by voters for a hand-count in the race at $150,000, effectively stymieing the possibility that such a count would happen at all. Also at issue is the fact that the case was tossed out by a lower court judge after the Bilbray team argued --- with the help of a letter [PDF] from the then-Republican U.S. House Admin Committee in Congress --- that California courts and voters had no say over the issue.

In that letter, the House Admin Committee argued that they, not the California courts or voters, had sole jurisdiction over the case once Bilbray was sworn in. He was sworn in after a fax was sent claiming he was the winner of the election, from the very partisan and now-former CA SoS Bruce McPherson's deputy, Susan Lapsley. Lapsley sent the fax just days after the election, despite the controversy that had erupted over the effectively-decertified voting systems used in the race, the slim reported margin between the two candidates, and the fact that the state hadn't yet actually certified the race, in which tens of thousands of votes in San Diego county had yet to be counted at the time.

Attorney Paul Lehto, working with Carlsbad attorney Ken Simpkins, filed both the original case and the appeal. UPDATE: We've now got a number of accounts of the argument from folks in the courtroom on Monday.

First, Simpkins sends us the following update (which is shorter than our recap) from the first day of hearings last Monday in the appellate case...

--- Click here for REST OF STORY!... ---

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ALSO: LA Times Blogger Calls us 'State's Most Persistent Blogger-Watchdog on the Dangers of E-Voting'
By Brad Friedman on 1/9/2007 11:57am PT  

There's been a fair amount of media coverage (at least in California papers), since our scoop yesterday of new CA SoS Debra Bowen's brilliant appointment of dogged E-voting critic and VoterAction.org attorney Lowell Finley to the post of Deputy SoS for Voting Systems Technology and Policy.

There are a couple more ironic points to the Finley appointment above and beyond the ones we mentioned yesterday. One we knew about, another we hadn't.

In his report on the matter, Oakland Tribune's Ian Hoffman reminds us of the qui tam lawsuit filed by Finley against voting machine company Diebold and joined by the state in 2004, which eventually resulted in a settlement:

Working with Bev Harris of BlackBoxVoting.org, Finley sued Diebold Election Systems Inc., alleging the firm made misrepresentations to Alameda County and California to sell its voting machines. Diebold settled the case for $2.6 million.

In a point we hadn't previously known, the Los Angeles Times blogger on state capitol and gubernatorial issues, Robert Sallady, highlighted our coverage here --- describing us as "The state's most persistent blogger-watchdog on the dangers of voting technology" (thank you, sir) --- and advanced the story a bit with this irony-laden chestnut about the man who will now, officially, be working as an appointed member of Schwarzenegger's own Executive Branch:

Almost exactly three years ago, Finley represented Bill Camp of the Sacramento Labor Council. They successfully convinced a Superior Court judge that Schwarzenegger had illegally "loaned" his campaign $4.5 million. The ruling forced Schwarzenegger to pay the money back from his own pocket rather than through campaign contributions. The absurdly optimist governor called the ruling "fantastic," but Finley told the S.F. Chronicle (me, working there) at the time: "He is on some kind of medication that I would like to have a prescription for."

Office Christmas parties next year in Sacramento ought to be a hoot. Hopefully the Governator supplies the medication.

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Debra Bowen Appoints Lowell Finley of Election Integrity Watchdog Group VoterAction.org to Role of 'Deputy SoS for Voting Systems Technology and Policy'
[UPDATED] Critics of E-Voting Hail News as 'Collosal Suprise,' Very Good for Voters, Very Bad for the Nation's Electronic Voting Machine Companies...
By Brad Friedman on 1/8/2007 2:31pm PT  

It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...

--- Click here for REST OF STORY!... ---

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(Might Have Been #1, But Diebold Handled the Vote Tabulation)
By Brad Friedman on 12/27/2006 1:03pm PT  

Tech Mag PCWorld named E-Voting #3 on their list of "The 21 Biggest Technology Mistakes of 2006"...

3. Hacking the Vote
Are electronic voting machines insecure? In May, security researchers discovered a previously unknown backdoor in Diebold's AccuVote-TS touch-screen voting machines that could allow an attacker to manipulate votes, cause malfunctions, or create a 'voting virus' that spreads from machine to machine--all in under a minute and with little fear of detection. Meanwhile, Princeton researchers also found Diebold's touch-screen machines could be opened with the same kind of key used for hotel mini-bars, offering easy access to the machine's memory card. Diebold promised to fix the vulnerability eventually, but also said they weren't too worried. Why? Because such hacks would require "evil and nefarious election officials"--who don't exist.

We feel much better now.

Big Mistake: Allowing insecure voting machines anywhere near this country's electoral process.

Bigger Mistake: Electing Homer Simpson president--which might happen if we keep using these machines.

We've come a long way, baby.

And we also take year-end great pride in that folks look back on Princeton's Diebold Virus Hack as one of the seminal moments in this whole sordid affair. (The machine used in the research was a DRE/touch-screen system supplied to VelvetRevolution.us by a BRAD BLOG source and we then gave it to Princeton for their now-infamous study.)

First they ignore you.
Then they laugh at you.
Then they attack you.
Then you win.

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State Officials Say Kathy Rogers, Democratic Director of State Elections Division Under Outgoing Democratic Secretary of State, Said to be Going to Work for Un-American Voting Machine Company
(At least now she'll be getting paid for it!)
By Brad Friedman on 12/23/2006 3:19pm PT  

We're shocked. SHOCKED! Knock us over with a feather!

The Atlanta Journal-Constitution is reporting that Georgia state officials are claiming that Kathy Rogers, the recently resigned Director of outgoing Secretary of State Cathy Cox's State Elections Division, is going to work for Diebold.

Rogers resigned on November 30th, and rumors have been swirling ever since in the state where Diebold first planted it's dirty claws with paperless touch-screen voting machines in 2002 (along with the state of Maryland). Democrats Cox and Rogers have been apologizing and covering for the deceptive and anti-democratic Voting Machine Company ever since.

Cox even went so far as to appear on a Diebold promotional brochure singing the company's praises.

"Rogers apparently will serve as a liaison between elections officials throughout the United States and Diebold," according to the AJC...

--- Click here for REST OF STORY!... ---

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Sticker Shock May Force Jurisdictions to Revert to Hand Counted Paper Ballots Next Year...
By Brad Friedman on 12/19/2006 10:05am PT  

If you needed any more evidence to counter the argument that it would be "too expensive" to dump all the shitty, unreliable, inaccurate, hackable, disenfranchising touch-screen (DRE) voting systems in favor of paper ballots, just take a look at Utah. They're the state which pushed out heroic 23-year Emery County Election Clerk Bruce Funk because he had the temerity to allow independent computer security experts to test the Diebold touch-screen systems the state was forcing him to use. (The experts found massive security flaws described as "the most severe" ever discovered.)

Well, now Utah has finally discovered that their switch from punch-cards to shitty, unreliable, inaccurate, hackable, disenfranchising Diebold touch-screen systems has doubled the cost of their elections. And then some. Get a load of this from the Salt-Lake Tribune...

"I'm not sure any of us realized how much it is going to cost to own and operate this system," said Michael Cragun, elections director for the Lieutenant Governor's Office.

Those costs are so prohibitive that many Utahns in next year's local elections will revert to a voting style used for generations: checking a box on a paper ballot.
...
City leaders are worried, having heard rumors they may have to triple their election budget if they go with the touch-screen machines.
...
in August 2005, [Lt. Gov. Gary] Herbert signed a contract with Texas-based Diebold Election Systems for $24.5 million. He paid the tab with a federal grant issued through HAVA.

In return, Utah received about 3,000 voting machines and the technical support to run statewide elections this year and in 2008.

But it is now becoming clear that was just the start of the costs.

"We are not sure everyone understood what happened when they flicked that first domino over," Cragun said.
...
Salt Lake County Clerk Sherrie Swensen says she had to double the pay for poll workers because of the necessary training. She now spends $12,000 per month storing the bulky machines. And all of the memory cards, batteries and other essential machine accessories cost her office an extra $138,000 this year.

These costs will continue to accrue as Swensen and other county clerks say they need more machines for the 2008 presidential election.

Unbelievable. I love how they're running around and saying "we had no idea!"... Idiots.

Have I mentioned lately how important it is that you --- and everybody you know --- sign this petition to demand Congress require a paper BALLOT for every vote cast (and get rid, once and for all, of all the shitty, unreliable, inaccurate, hackable, disenfranchising Direct Recording Electronic touch-screen voting systems in the bargain)?! As they say...Don't wait! ACT NOW!

(Hat-tip John Gideon)

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The Diebold Whistleblower Looks Back with Gratitude and Forward with Hope...
By Steve Heller on 12/17/2006 7:13pm PT  

Special to The BRAD BLOG by Guest Blogger Stephen Heller

Hi, my name is Steve Heller. Some have referred to me as the "Diebold Whistleblower." For those unfamiliar with my case, you can find a good summation here. You can read articles about the resolution of the case https://bradblog.com/?p=3826\">here, here and here.

Brad has been kind enough to allow me this chance to thank you, the progressive community, for all the help and support you gave my wife and me during this very difficult time. We could hardly believe the incredible amount of emotional sustenance and encouragement, as well as all the financial donations to my defense fund, that we received.

We heard from people from all parts of the United States (including Guam and Puerto Rico), and from many parts of the world; the United Kingdom, Japan, Holland, the Netherlands, Germany, France, Brazil, New Zealand, and quite a handful from Canada. Of particular pride to us were the handful of notes and even donations from U.S. military personnel; those really meant a lot to us. We know that soldiers don't make any money, and for some of them to kick in a few bucks for my defense fund really touched me. They're being asked to give so much, and here they were trying to help me and my wife. Truly, we were astounded at the support we received, and I cannot begin to thank all of you enough. Thank you so very, very much. A thousand, million times over, I thank you, and my wife thanks you.

I can't find the words to express our appreciation and thanks to all who donated to the defense fund. In mostly small amounts, the donations added up to enough to cover all the legal expenses we incurred after the fund was established, and that was an astounding thing. Such an outpouring from the world wide progressive community was humbling. I don't know if I would have been as generous to someone in my situation as people were to me, and for me that's a lesson learned.

In many ways, the smaller donations meant more to us than the larger ones. I'll never forget getting a card with a crumpled $5 bill inside and a note written in the quavery handwriting of an elderly person. The note said "I'm sorry this donation is so small, but my monthly check will only go so far. Good luck and God bless you." I can't even begin to describe how much that note, and so many notes and emails like it, whether accompanied by a donation or not, meant to me and my wife. Everyone who contacted us received a reply, either by email or letter, but please allow me to thank you all yet again.

At the risk of embarrassing some people, I want to mention a few names of those who really were exceptionally kind and generous with their time and in many cases even with their hard-earned money…

--- Click here for REST OF STORY!... ---

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State Which Fought Release of Diebold Data Showing 200+ Percent Turnout in 2004 is Again Fighting Against Transparency
By Brad Friedman on 11/28/2006 2:47pm PT  

The state of Alaska which, as avid BRAD BLOG readers will recall, had been fighting tooth and nail to keep from releasing their database of how voters voted back in 2004, is at it again. Now, despite a court order, the state is refusing to release the new 2006 database, according to a press release just issued by the state Democratic Party. (Press release posted in full at the bottom of this item.)

Previously, the outgoing Governor Murkowski went so far as to have his top security man issue a memo saying release of the 2004 database would be a "security risk." The state had argued prior to that that they could not release the database because it was a "company secret" of Diebold's, according to their contract with the Anti-American Voting Company. All of that after Democrats had discovered a 200% voter turnout in some jurisdications across the state.

Murkowski's daughter Lisa, whom Frank had appointed to fill his seat in the Senate when he ascended to Governor, was in a very close race for that seat in 2004. In fact, most polls showed her trailing against her opponent prior to Election Day.

A court eventually forced the state to release the 2004 database but it was found to contain hundreds of edits since the 2004 election, including as late as July of 2006, prior to the release of the data.

See all of the stories in our Alaska category for the bizarre roller-coaster ride on this issue in the state.

Now it appears that Alaska is at it again, fighting to not release the database from the 2006 election in the only state that we know of where the Democratic Party themselves are actually fighting for complete transparency.

Here's the first two grafs from today's Press Release just issued. The complete press release follows below it...

Anchorage - The Alaska Division of Elections is violating the public records law and should immediately release copies of the electronic records of the 2006 election results so they can be examined before the election is certified, Alaska Democratic Party Chair Jake Metcalfe said today.

"Once again, the Division of Elections is flaunting the law with excuses and delays by refusing to release critical public records," Metcalfe said. "Judge Joannides has already ordered them to make copies of each version of the 2006 GEMS database, so it is no burden on them to just release those copies that they are already making. Why won't they release the records and give the public access to them as they are required by law to do?" Metcalfe said.

--- Click here for REST OF STORY!... ---

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Republican, Democratic, Independent Candidates Join Lawsuit Against Paperless Diebold E-Voting Machines in Georgia...
By Brad Friedman on 11/22/2006 10:05am PT  

Dear Judges: You may as well make swift and unambiguous decisions that lead to the end of E-voting in America as we know it. For your own sake, and that of the court docket, sooner would be better than later.

Elections Officials can't do it themselves because it would be tantamount to admitting they failed in their only job: to ensure free, fair, and accurate elections. Of course they have failed, but they've already staked their careers on millions in state and local dollars, robbed from unsuspecting taxpayer constituents. Admitting that fact out loud would mean that most of them would (deservedly) be run out their jobs faster than Diebold or ES&S or Sequoia spokesholes can dutifully tell AP: "our voting machines work fine, the problem is human error!"

Until you folks on the bench end this nightmare forever, you will keep finding only more and more such suits like the one mentioned below in Georgia (and dozens, if not hundreds more like it) month and after month, year after year, election after election, hitting your docket until this mess is solved once and for all.

Underscoring what The BRAD BLOG has been saying for years --- that this is not a matter of Left versus Right, but rather a matter of Right versus Wrong --- Democrat, Republican, and Independent candidates have now joined the suit to put an end to Diebold's paperless E-voting in the state of Georgia...

Three losing candidates in this year's elections announced their plans Tuesday to join a lawsuit challenging Georgia's electronic voting system.

A group of activists, led by VoterGa, filed a lawsuit in Fulton County Superior Court in July, alleging that electronic voting machines in Georgia do not accurately record votes.

Mary Wilhite, a Republican candidate for a state House seat in Cherokee County, Woody Holmes, an independent write-in candidate for a seat in south Fulton, and Donzella James, a Democratic candidate for the 13th Congressional District, joined VoterGa representatives at the Capitol to say the results of their elections have caused them to join the lawsuit.

How much longer are we all gonna play this game? How much longer can American democracy take it? Complete story on the GA suit is here...

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Plea Deal for 'Wobbly Felony' Conviction, 3-Years Probation, May be Reduced to Misdemeanor after One Year of Good Behavior
By Brad Friedman on 11/21/2006 4:54pm PT  

In an exclusive statement sent to The BRAD BLOG earlier today excoriating the privatization of America's voting system, whistleblower Stephen Heller says, "Diebold has shown they cannot be trusted to run elections in America."

He oughta know.

As we reported last night, Heller pled guilty yesterday in an agreement with Los Angeles prosecutors, after his arrest earlier this year on felony charges related to his release of attorney-client privileged documents he obtained while working as a temporary word-processor at Diebold's law firm, Jones Day.

The agreement, which required him to sign an apology, pay $10,000 in restitution, and not discuss the documents he released, may also allow Heller's felony conviction to be reduced to a misdemeanor charge after one year of "good behavior."

As well, in exchange for Heller's signed apology and commitment not to discuss the documents themselves (which are already publicly available since he released them originally to both the media and Election Integrity activists), Jones Day signed an agreement that they would not sue him in civil court in the matter.

In a phone call this afternoon, Heller explained Diebold's enormously powerful law firm --- where he had worked at night while pursuing an acting career by day --- had informed him that they'd planned to convert any criminal felony conviction in the case into a civil suit. Had the case gone to trial, he explained, and been successful, Jones Day had promised a lawsuit claiming losses of "well over a million dollars." Such a suit "would have left my wife and I impoverished for the rest of our lives," Heller says.

He went on to tell us that the plea deal conviction was characterized by his attorneys as a "wobbly felony" --- one that will likely be reduced to a misdemeanor after a year, as long as he "doesn't do anything bad." He quickly added, "which I have no intention of doing."

A court date of Nov. 15th, 2007, has been set to review the case in order to determine if the sentence will be reduced and, among other things, allow Heller to have his right to vote in California restored!

"Yes, I am now a disenfranchised voter as a convicted felon," he told us today with no small amount of irony in his voice.

Despite California having decertified Diebold voting systems in 2004 after Heller's release of documents showing the voting machine company had violated state law and that they may have been planning to lie about it to state officials --- and even after the state and election watchdog BlackBoxVoting.org eventually agreed to settle a fraud complaint with Diebold for $2.8 million dollars in the bargain --- Heller is, for the moment, unable to vote in the Golden State due to his conviction.

All of this, of course, despite those who've denounced the arrest of Heller on the grounds that they believe, as we do, that he is an heroic whistleblower who exposed important information --- illegally or otherwise --- because it was in the best public interest of the country.

California does have a "Whistleblower Law," which prevents employers from exacting retribution against an employee who "has reasonable cause to believe that the information [being released] discloses a violation of state or federal statute." That law, unfortunately, doesn't seem to apply to apparently over-zealous County Prosecutors such as Los Angeles's Steve Cooley.

Heller has promised that he will share "the whole story" with us in a Guest Blog special to The BRAD BLOG after the holidays.

In the meantime, however, his agreement at least does not keep him from speaking his mind about Diebold, electronic voting, or the private corporatization of our public democracy. Earlier today, Heller followed up on his promise of last night and emailed us the following statement with his opinions of the current state of our electoral system in America:

In my view, Diebold has shown they cannot be trusted to run elections in America. We must not allow a private corporation to run our elections for us in secret, using secret machines and secret software. The only thing secret about our elections should be the secret ballot.

I urge all Americans to insist Congress enact Federal legislation requiring that all voting machines must have a voter verifiable paper ballot, be run on open source software code, be subject to inspection by independent computer experts, and that each election have a random sample ballot recount. Only then will we have a chance of restoring true integrity to American elections.

The BRAD BLOG wishes to express our deepest and most heart-felt gratitude to Heller for his courageous and selfless act of civil disobedience. As bad as our electoral system is now...and make no mistake, it is in tatters...we shudder to ponder the state we'd currently be in without patriots like Heller who continue to fight for free, fair, honest, and transparent elections in America --- at no small cost to either themselves or their families.

On behalf of The BRAD BLOG and likely millions of democracy-lovin' Americans: Thank you, Mr. Heller.

UPDATE 8:48pm PT: Oakland Tribune's Ian Hoffman is the first MSM'er out of the box to pick up on this story. Hoffman first reported on Heller when when the Trib ran the Diebold documents given to them while Jones Day sued to stop them. His coverage tonight is quite good and worth the read.

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