Not much time for comment, so here's my interview from over the weekend on Air America's Ring of Fire with Robert F. Kennedy & Mike Papantonio. I'm sure you guys will have plenty to comment on. We discussed Busby/Bilbray, Diebold, and the DNC/DCCC fears about jumping into the fight for electoral integrity and taking on these god-forsaken awful e-voting machines.

More on all soon. Plenty to say and write, but little time to say it or write it for now...

-- Brad on Ring of Fire, 7/8/06 [MP3, Appx. 15 minutes]

UPDATE: Forgot to add, reliable sources tell me that Catherine Crier of CourtTV's Crier Live --- who filed an extraordinary video editorial recently on the dangers of E-Voting --- will be covering Busby/Bilbray, Clint Curtis and the NH/White House Phone-Jamming convictions tomorrow night (Tuesday) at 5pm ET/PT!

The San Diego County Registrar's office seems to be playing games with the amount they are attempting to charge for the cost of a manual hand count request as filed for accountability in the June 6th Busby/Bilbray U.S. House special election.

As well, the office has so far refused to produce any of the documents requested by the voter who filed for the hand count as required by California state law.

As we reported originally, the SD County Assistant Registrar of Voters, Tim McNamara, had informed an Election Integrity advocate via email that the cost of such a count was estimated to be "in the range of $110,000 to $130,000 and would take approximately 24 to 30 working days." The total estimated cost would be $6000 per day. (Complete email from McNamara at bottom of this article.)

However, a story from Friday's North County Times in San Diego on the manual hand count request (they, inaccurately, call it a "recount request") quotes an estimate from the RoV's office that is less than half that size:

Further, SD County Registrar Mikel Haas has FedExed a letter to Barbara Gail Jacobson, the requester of the manual hand count, informing her that she must pay $6000 by 3pm this Tuesday, July 11th, to begin the count which he estimates in his letter will to be "between $120,000 and $150,000."

His letter also failed to include responses to numerous documents requested, such as chain of custody logs for ballots and voting machines, any of the audit logs from the machines used on election day, or any of the information requested on precinct voter breakdowns as allowed to the requester by state law (CA Election Code 15630 and other related sections) before such a hand count can begin.

All three sets of numbers for the fees associated with the count also failed to give any accounting for how the fees to be charged have been set. (Complete letter from Haas is also at the end of this article.)

"I have received no responses to any of my requests for information," Jacobson told us. "Not even any information on the required 1% manual audit that was supposed to have been done prior to the certification."

With three different sets of numbers now given from three different RoV sources, the question arises as to how they come up with such numbers in the first place.

All of the estimates, even the lowest of them, are far higher than similar quotes from other California country Registrars, as we reported previously. The highest of the numbers quoted by Haas come to nearly one dollar per vote, while in Orange County, CA, the registrar is reportedly charging some 14 cents per vote for a similar count.

Why the disparity in all of these numbers? It would be good to know.

Election Reform watchdog organization VelvetRevolution.us has taken up a collection for the costs associated with the entire legal battle over the Busby/Bilbray election. Contributions may be made here.

Meanwhile, Haas seems to be continuing his public misinformation campaign concerning the so-called Diebold voting machine "sleepovers"...

I missed this a week or so ago when it originally aired, but caught it just now (hat tip Mary Macelveen).

Catherine Crier offered a devasting editorial recently on Court TV in regard to election integrity. Her piece was spurred by RFK's Jr.'s Rolling Stone exposé on the theft of the '04 Presidential Election, but covers a panoply of current threats to our electoral system --- described as "a full frontal attack on Democracy" --- including guys like Ohio's J. Kenneth Blackwell, convicted RNC/White House phone-jammer James Tobin and the Electronic Voting Machine Menace of Diebold and other private companies who have usurped our public election system.

Links to the highly-recommended video editorial titled "Defending Democracy: Can we promote democracy in Iraq while our own is under attack?" are at the bottom of this article, courtesy of David Edwards.

Here's a selection of extremely choice quotes from Crier's report...

It looks like American democracy has yet another new champion in the mainstream media!

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

...CONTACT...
Email: Crier Live

Late Wednesday afternoon, a "Manual Hand Count Request under the Election Recount Provision" was filed at the San Diego County Registrar of Voters office by CA-50 voter Barbara Gail Jacobson. The request is for a full manual hand count of all paper ballots and paper trails in the recent June 6th Busby/Bilbray special U.S. House election in which programmed, election-ready Diebold voting machines were sent home with poll workers for days prior to the election in apparent violation of new laws and provisions by both state and federal authorities.

As California state election code requires that a candidate be named on whose behalf such hand count requests are filed, Jacobson named Republican Brian Bilbray in her filing. Bilbray is the candidate who was announced as the winner in the race by SD County Registrar Mikel Haas.

Jacobson's manual hand count request, as filed, is posted in full here.

The breaches in security for the exceedingly hackable Diebold voting machines and the subsequent decertified use of such systems in the important "bellwether" election have prompted a number of Election Integrity organizations to declare "No Confidence" in the results of the election as reported by Registrar Haas. Haas himself has even admitted that storage of such machines in poll workers' cars cannot be considered secure as required by state and federal law.

The fees estimated for the count, to be paid by the requester, have been set at an estimated $110,000 to $130,000 by the Registrar's office. That amount, nearly a dollar per vote, is far in excess of similar counting fees charged by other County Registrars in California.

Jacobson states in her hand count filing that she "submit[s] this request in the hope that ALL candidates and ALL voters in the United States of America, in the State of California, in the County of San Diego, and in the state's 50th U.S. Congressional District, may have confidence in the accuracy of the election returns as announced by the San Diego Country Registrar of Voters, Mikel Haas."

Nonetheless, Jacobson stated the request was "being filed on behalf of candidate Brian Bilbray," in accordance with state election law:

"The rule of law is important," wrote Jacobson, "I'm happy to follow that rule of law and hope that the San Diego County Registrar will now show an interest in same...for the good of our nation."

The filing includes a request for a number of detailed items --- including chain of custody logs for voting machines and the ballots themselves --- said to be needed before such a count can begin in order to ensure the integrity of that count.

In the meantime, the registrar's office has answered an inquiry into fees that may be charged for such a manual hand count of all paper ballots and paper trails, estimated to be as high as $130,000 or the equivalent of $6000 per day.

"Based on previous experience," wrote Tim McNamara, SD County's Assistant Registrar of Voters in reply to a recent emailed request for the costs of such a count, "the estimated cost of recounting ballots cast in this election using, for example, four counting boards would be in the range of $110,000 to $130,000 and would take approximately 24 to 30 working days. It assumes that the four boards in the example, working six hours a day, could hand tally 1,500 ballots each."

Election integrity advocate Linda Bagneschi Dorrance explained to The BRAD BLOG that estimates for a manual hand count in San Diego are nearly twice the cost for similar requests elsewhere in the state. Apparently California law allows elections officials to set just about any price they wish.

"The estimates...equate to about $1,083 per day per recount board," Dorrance explained to us. "We just succeeded in reducing Marin County's cost to I believe $500 per recount board per day. Still expensive, but about half the San Diego cost."

While Haas seems prepared to charge nearly $1 per vote to manually hand count, The BRAD BLOG has learned that other counties around California have charged as little as $0.14 per vote for a similar hand count.

Election protection organization VelvetRevolution.us has begun to collect donations for the legal fees associated with fighting for accountability in the Busby/Bilbray election, until such time as advocates on the ground in San Diego have created a legal fund for this purpose. Donations may be made here. (DISCLOSURE: The BRAD BLOG is a co-founder of VR.)

Recent reports from various organizations and media sources have lauded the state of California for requiring paper ballots and paper trails by law for all votes cast. As well, California's mandated 1% manual random audit law has similarly been recognized as an important safeguard for elections held in this state, along with a liberal "recount" provision allowing any affected voter to file for such a hand count when needed.

However, what isn't as well reported is the fact that there is no actual legal remedy if a variance from the official results are found during 1% hand audits. The audit may reveal the official count to be off by any percentage and there are no legal requirements or clear rules concerning what happens next in such an event. So far, The BRAD BLOG has been unable to obtain information on the 1% manual audit in the Busby/Bilbray election.

As to the costs for hand counts requested under the recount provisions in state law, it seems that election registrars are free to charge virtually anything they like for such counts. No uniform state standards for such fees seem to exist, which means the prices set for such counts may be set near-randomly --- and even prohibitively --- by elections officials. Such oversights in the law, of course, make accountability in such cases as this, where both state and federal election laws were clearly violated, very difficult to achieve.

A few of the opening paragraphs of the manual hand count request as filed Wednesday by Barbara Gail Jacobson follow below. The entire three page request can be read in full here...

Sacramento Bee columnist Peter Schrag runs a decent article on Busby/Bilbray election mess in today's paper.

I recommend you read it in full, as it's mostly balanced (in the honest way, not the Fox "News" way) and gets most of the elements of the story close enough for government work. In other words, it's a legitimate article, even with a few quibbles I have. But the legit effort is certainly appreciated in contrast with the lazy piece of disinformation disguised as a news article which ran last week in San Diego Union-Tribune on this matter.

Schrag's focus throughout is largely on the uber-matter in question; The looming threat we face to the legitimacy of American elections across the board. The article starts this way...

Schrag then goes on to slightly misrepresent my comments to him last week when he called, when he writes:

The misrepresentation, accidental as I'll presume it to be, is that yes, I've said we currently have no specific evidence that "the machines were fiddled with," as he put it. But we simply cannot know whether they were "fiddled with" or not, given Regisrar Mikel Haas' complete disregard for the new state and federal security mitigation requirements which were invalidated when the voting machines in question were sent home with poll workers for days and weeks prior to the election. In doing so, they were all rendered decertified, and thus illegal for use in the election.

Where I will take exception to Schrag's article is when he avers that "Bilbray almost certainly won the election."

Of course, Schrag has absolutely zero evidence with which to back up that assertion, so I really don't know where he gets it, other than by general knee-jerk habit that the media have of simply trusting elections officials and whatever they report to be the "results" of any election. (See Ohio 2004, et al.)

His closing sentence then, repeats again his earlier unsupported assertion, but closes on the right note:

Please read the article in full yourself so you can make up your own mind. He makes several good points worth reading in any case.

Oh...and one last point. Schrag writes:

The last part is true enough --- doubts about election results this November will plague this country no matter who wins or loses (see this earlier article today on that) --- but I'm not sure where he gets the idea that the "doubters" won't get that hand "recount" (of course he means hand count, not recount, since the ballots have not actually been counted) if they want it.

Those "doubters," however, will likely have to pay for it themselves, unless a judge orders otherwise. And, we're learning that, apparently, the registrar himself gets to determine just about any number he wants to charge for that manual hand count.

You can contribute to help defray legal costs to fight this battle over at VelvetRevolution.us for the time being. More on all of that tomorrow....

RAW STORY's Miriam Raftery mercifully (for me) covers some of the proceedings of last Wednesday's Emergency Townhall in San Diego (Oceanside) concerning the questionable results from the Busby/Bilbray election run on effectively illegal/uncertified voting machines --- so I don't have to!

I've got a few good photos and such, however, which I hope to get posted here soon. Unless they scoop me on those as well...

It's getting very difficult to keep up.

VoterAction.org, a non-partisan group of voters who recently filed suit against CA Sec. of State Bruce McPherson and 18 county registrars, has submitted new papers in a court filing today in support of their call for an injunction against the use and purchase of touch-screen Diebold voting machines in the state.

The complaint, filed in March, was originally reported here.

The latest filing, described in a press release issued earlier today, includes new information based on the recent reports of the San Diego County Diebold voting machine "sleepovers" with poll workers, in the days and weeks prior to the recent U.S. House Special Election in California's 50th congressional district.

Among the new declarations in the filing today are statements from several poll workers, of whom The BRAD BLOG originally reported as having taken home programmed, election-ready, highly-hackable Diebold voting machines to be stored in their cars and garages in the days preceeding the "bellwether" U.S. House special election.

One of those poll workers, Patti Newton, is quoted in the press release. She also appeared on CNN's Lou Dobbs Tonight last week when Dobbs also reported on the "sleepovers."

I (Brad Friedman) was also asked to submit a declaration for the filing based on my interview with San Diego County Registrar of Voters, Mikel Haas. Haas had admitted to me during that interview that storage of programmed voting machines in poll workers' cars could "not be considered secure." His admission would suggest that the new federal requirements, as issued March 22, 2006 by the National Association of State Elections Directors (NASED), mandating "secure storage" of programmed voting machines were violated.

"Failure to comply with this addendum negates the voting system's status as a NASED-qualified voting system," the official memorandum clearly states.

With regard to the demonstrated failure of state Registrars like Haas to comply with the new requirements, and in support of the injunction sought to ban the use of these machines in the state, today's statement says, "Recent experience has shown that stop-gap security conditions imposed by the Secretary of State do not solve the problems."

Several paragraphs from the VoterAction.org press release, speaking to the concerns highlighted by the voting machines "sleepovers," follow...

Responding to what they describe as "insufficient action", and the general failure of state elections officials to take recommended security mitigation procedures seriously in light of newly-discovered vulnerabilities in Diebold touch-screen voting systems, election watchdog organization BlackBoxVoting.org (BBV) has issued a scathing report today.

The group has now released previously redacted information from their landmark Hursti II report [PDF, now unredacted] which documented the newly-discovered security issues found during a March 2006 examination of Diebold touch-screen systems in Emery County, UT. Carried out by Finnish computer scientist Harri Hursti and a security expert from Security Innovation, the information revealed by that security analysis has been described previously by BBV founder Bev Harris as "a major national security risk."

Since we first broke that story here at The BRAD BLOG, dozens of computer scientists and security experts have concurred with the assessment. The issue was subsequently reported by mainstream media outlets such as New York Times, NEWSWEEK, NPR and others.

The updated report, issued today, releases information that had previously been kept under wraps due to the severity of the security issues potentially exposed. Describing insufficient reponse and lack of appropriate measures taken by states who had received the full unredacted information, BBV has decided to place the entirety of the information into "the public record."

A host of previously unreported technical details, methods for possible attack of the Diebold touch-screen system, and a complete failure by federal authorities to oversee crucial aspects of the election system are explained in detail.

As well, today's report slams elections officials for allowing Diebold voting machine "sleepovers" in San Diego and elsewhere, of the type which The BRAD BLOG has been reporting for the last three weeks in relation to the June 6th special election in San Diego's 50th congressional district, held to replace the now-jailed Rep. Randy "Duke" Cunningham.

The violations to new state and federal laws and provisions written since some of the vulnerabilities have been revealed --- and about which we have been reporting in detail --- occurred when poll workers were allowed unfettered access to election-ready Diebold voting systems for days and weeks prior to the election. The unsecured storage of voting machines in poll workers' cars and garages, so-called overnight "sleepovers", has led The BRAD BLOG and several other election watchdog organizations, candidates and thousands of individuals to declare "NO CONFIDENCE" in the reported results of that "bellwether" federal election.

The CA-50 election between Francine Busby and Brian Bilbray was the first federal election to be held after the new discoveries, and after state and federal officials instituted new, apparently-ignored security provisions in hopes of mitigating them. A manual hand count of all paper ballots and "paper trails" has been demanded by many of the organizations decrying the administration of that election.

"In a sane world, these machines would be recalled," wrote BBV...

Just one of the many recent, yet notable, items I was unable to cover over the past week...

On Thursday, Roll Call reported that all three of the major staffers for Rep. Bob Ney (R-OH), the lead author/co-sponsor of the disastrous Help America Vote Act (HAVA), are running for the hills.

The departures are described as "the latest sign that Ney’s legal and ethical troubles stemming from the Jack Abramoff scandal are growing worse with each passing day."

Josh Marshall covered the exits of his "troika" --- his Chief of Staff, Legislative Director and Communications Director --- all scramming on the same day.

We first referred to Ney as "the soon-to-be-indicted" back in January when we published our exposé connecting the dots between Ney, Abramoff, Diebold, HAVA and Ney's even-more-former chief of staff, David DiStefano, who became Diebold's main congressional lobbyist. That exposé has been wholly ignored by the mainstream media ever since. (Except for Matt Taibbi who referenced the info, but without attribution, in an April Rolling Stone piece on Abramoff.)

In an email discussion yesterday among a group of Election Integrity advocates, in reply to the horrendous San Diego Union-Tribune coverage of the Busby/Bilbray issue, Yolo County, CA Registrar of Voters Freddie Oakley posted a crystal clear statement on the concerns of sending voting machines home with poll workers prior to elections.

"As an election official, I understand the practical issues involved here perfectly. I am strongly of the opinion that it is exactly this kind of practical issue that should give election officials serious reservations about deploying electronic voting machines," Oakley wrote.

"If, as a practical matter, [the electronic voting machines deployed prior to an election] can't be secured, then perhaps they ought not be used at all. Period. Until the impediment can be removed," her email statement read.

Her comment was in direct reply to a discussion about how voting machines, in the post-Hursti Hack age, might be deployed now that sending them home unsecured for "overnights" with poll workers is no longer a secure option. That hack, in Leon County, Florida in December 2005 of a Diebold optical scan voting system, has set off a chain reaction revealing massive vulnerabilities in these systems, forcing both federal and state authorities to issue extraordinary security requirements for the machines in just the last few months. Those requirements were subsequently all but ignored in the June 6th Busby/Bilbray U.S. House special election --- the first federal election in the nation to be administered since the additional mitigation requirements were put in place.

Oakley's responsible comments are in direct contradiction to the irresponsible statements by San Diego County Registrar Mikel Haas, given to the Union-Tribune, in which Haas dismisses concerns of election integrity advocates. Haas claims that proper procedures were followed (they were not) and that the practice of sending home voting machines with poll workers "has been followed without incident for about 40 years." Haas ignores, along with his other prevarications, that these eminently hackable electronic voting machines were not in use during all but the last few of those 40 years. The U-T didn't bother to quote, or apparently even attempt to contact, anyone who could reply directly to Haas' deceptive comments.

Registrar Oakley's entire statement --- a grand slam as far as I'm concerned --- should be read in full. It follows below...

It's still remarkable how many in the MSM regard bloggers as "unreliable"...even as they get story after story wrong and report unsubstantiated, unverifiable nonsense as fact.

I wrote early on in the Busby/Bilbray election results saga about AP (and all the rest) reporting that Brian Bilbray had won the election. They did so without a shred of evidence to prove that assertion.

Yesterday, the San Diego Union-Tribune's John Marelius jumped in to report on the Busby/Bilbray fiasco (where the world's most hackable voting machines were sent home overnight with poll workers days and weeks before the election, to be stored in their cars and garages or who-knows-where in violation of both state and federal laws, effectively decertifying all of the voting machines used in that U.S. House special election.).

Here's how the U-T article began:

Okay...For a start...Who is calling for a recount, as Marelius writes? You can't recount something that you haven't counted in the first place and I know of no organization declaring "No Confidence" who has called for a "recount." Yet, the story uses the word "recount" again and again.

While it may be a subtle distinction, it's a very key one that I assure you both Karl Rove and Frank Luntz would understand quite clearly.

If the concept is too difficult to understand, however, the California Election Protection Network's press release announcing their eloquent "No Confidence" declaration --- referred to in the article --- not only never uses the word "recount", it also spells out clearly that they are not asking for a "recount". "Calling it a 'Free-Count' rather than a recount," the press release states, "the CEPN citizen watchdogs insist that this manual counting of the ballots be conducted without charge to the voting public."

If that was the only problem with the U-T article, we might have let it slide. But it's not. Not by a longshot. Marelius then goes on to "report" that a townhall meeting was held on Wednesday in San Diego. It was, of course. But apparently Marelius neither bothered to attend it, nor talk to anybody who actually did attend it.

He did, however, bother to report the point of view of SD County Registrar Mikel Haas (who also didn't attend). In fact, Marelius devoted a full five grafs to Haas' point of view. By my count, there are at least 5 different complete inaccuracies, misrepresentations and out-and-out misleading pieces of information passed on in those grafs...

Blogged from San Diego...

...But about to rush back to Los Angeles to get to the CNN building for an interview with the Lou Dobbs folks. If I can get there in time!

I should be on tonight's Lou Dobbs Tonight tonight at 6pm ET (3pm PT) and perhaps tomorrow night's show as well. Or so I'm told.

Had hoped to catch up a bit here about the Busby/Bilbray events last night and Tuesday, but it looks like that's going to have to wait again in order for me to race back up north to get to the interview on time...yeesh...

Will also be on Mike Malloy's national Air America program tonight as Guest Hosted by Laura Flanders. We were last on air with Laura when she came down to Crawford, TX to simulcast with us on The BRAD SHOW from Camp Casey last summer.

Apologies to those of you waiting for email responses and other interesting blog items here. Looks like I'll have to be off the grid again for a bunch of hours in a row...So Open Thread here as ya like!

UPDATE: Tonight's Dobbs clip, with a brief, yet starkly vital, cameo from yours truly, now posted here courtesy of the mighty David Edwards.

Blogged by Brad from San Diego...

Just in from tonight's Busby/Bilbray Democracy Shindig in Oceanside. A great event with a lively turnout (including our old buddy Jim Lampley in da house.) As promised after last night's LA event, more as soon as I can catch my breath.

Until then, here's last night's Lou Dobbs, which I think was terrific. Be sure to watch it (or read it, transcript below the fold) until the end. Lou is gettin' angrier by the day...

I posted the results of the "Quick Poll" this morning before leaving Los Angeles. In case you missed it, the question was "Do you believe that e-voting machines should be disallowed until their integrity can be assured?" The results... YES: 97%, NO 3%.

Could America finally be coming to its senses?

Too exhausted to comment on this tonight with much detail, so please be my guest and "be the blog" for us here in comments. I will point out, however, that it's nice to see folks finally discussing the threat of Palm Pilots and other PDA's (personal digital assistants, as opposed to Progressive Democrats of America) and their wireless capacity posing a threat to these stupid systems as well. Kitty Pilgrim broaches the topic in this report from Tuesday which covered the release that day of the new NYU Brennan Center report on E-Voting security. We orginally discussed the alarming possibility of a voter with a PDA when we ran an exposé on the wireless Infrared (IrDA) port we photographed on one of the older paperless Diebold touch-screen systems.

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

The complete text transcript follows...

Must hit the road shortly to take the Democracy Train down to San Diego for tonight's Emergency Townhall on the Busby/Bilbray election results fiasco. If you're anywhere near San Diego or Oceanside please come out tonight! We had a great time last night in Los Angeles!

More on all of these as soon as I can catch my breath. The fine lower-cased blogger, skippy the bush kangaroo, was amongst those in attendance last night (as was Joseph Cannon of Cannonfire) and so I'll defer for the moment to skippy's coverage (since I don't have time for any of my own right). Skippy got a coupla small points slighly wrong, but I suspect he'll update since I let him know. As BRAD BLOG readers realize, unlike with AP and NY Times accuracy counts for bloggers.

Lou Dobbs report last night on the Brennan Center's year-in-the-making report on 120 threats to E-Voting Security was fan-damn-tastic. When I can catch my breath, I hope to get it, along with the video, posted in full. And more thoughts on that Brennan Center report. But for now, by way of teaser, Dobbs started it this way: "More evidence tonight that an increasing number of elections in this country can be outright stolen. And no one would ever know. It's incredible."

And, as of this hour, here are the results from his "Quick Poll" on this topic last night (you can still vote yourselves if you want)

Any questions? We're told he'll still be on the same beat tonight (6pm ET, 3pm PT --- you can send thank you notes/comments here to Dobbs for all of his very responsible coverage over the past three weeks and counting!)

Last, but most certainly not least, Washington Post covered the Brennan Center report themselves this morning. They highlighted the very message we've been trying to convey to Francine Busby, the voters in San Diego and across the nation over the last three weeks. The WaPo article begins this way...

See you tonight in San Diego!

A long awaited study of electronic voting machine security by computer scientists and security experts has been released this morning by the Brennan Center of Justice at the NYU School of Law.

Given preparations for tonight and tomorrow's "Emergency Townhall" events on the Busby/Bilbray mess (I'll be emceeing and "keynoting"), I've yet to be able to read the long report any more than cursorily, so I'm forced to defer for now to USA Today's coverage of it from this morning...

Here's the complete Executive Summary [PDF] of the Brennan Report.

UPDATE 6/30/06: The complete Brennan Center for Justice report is now posted here [PDF]. Their press release announcing it is here.