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GOP Voter Registration Fraud Scandal 2012...
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Documents and comments provided by Company Insiders suggest Diebold could be the next Enron as All-New Legal Troubles Mount for Voting Machine Giant...
Additional Individual, Union Owners of Diebold Stock, Mutual Funds Sought for Addition to Plaintiff Class
By Brad Friedman on 12/7/2005 12:28pm PT  

The BRAD BLOG has received exclusive detailed information about a developing potential class action securities litigation against Diebold, Inc. (stock symbol: DBD). The class for the suit will involve shareholders who purchased or owned stock in the Ohio-based company any time from October 22, 2003 through September 21, 2005.

Though we are not at liberty at this time to discuss the specifics of the potential litigation and the causes of action in the complaint being compiled, The BRAD BLOG has learned that the class action lawsuit, currently being drawn up, will involve securities fraud violations and other troubling matters for the controversial company, its CEO as well as current and former members of its Board of Directors.

VelvetRevolution.us (an organization co-founded by BRAD BLOG managing editor, Brad Friedman) is seeking additional individuals and groups who may qualify as plaintiffs in the specified class. Those who owned or purchased Diebold stock, or mutual funds which carried Diebold during the period mentioned, are asked to contact LawSuit@VelvetRevolution.us where information submitted may be turned over to attorneys for possible addition to the plaintiff class.

Union groups who own or owned shares of Diebold or mutual funds which invest in the company are specifically urged to contact VR about joining the class action.

The mutual funds which are most heavily invested in Diebold are listed here. Information on "Insider Transactions" is listed here.

Diebold, Inc. is the controversial Voting Machine and ATM manufacturer who was recently compared to Enron by an anonymous company insider The BRAD BLOG dubbed "DIEB-THROAT" in a series of exclusive reports. The Internet news site, RAW STORY ran a new exclusive interview with DIEB-THROAT yesterday revealing additional details on the inner-workings of the company and potential legal issues they may face.

Shortly after our first report on DIEB-THROAT, Diebold's stock price plummeted some 15.5%. The company attributed their troubles at the time to shortfalls in the wake of Hurricane Katrina and on the same day announced the resignation of their chief operating officer (COO) and President, Eric C. Evans. Our source, DIEB-THROAT, challenged the company's response to the falling stock prices in the wake of lower than expected earnings by suggestion that "Using Hurricane Katrina is a poor excuse for bad products - the last time this kind of deception occurred it was called Enron."

Diebold CEO Walden O'Dell has come under harsh criticism for his statement to Republican fundraisers that Diebold he (see explanation for correction below) was committed to delivering the electoral vote of the state of Ohio to George W. Bush prior to the 2004 Presidential Election. O'Dell was part of Bush's "Rangers and Pioneers," a group of individuals who had raised at least $100,000 each for Bush/Cheney's 2004 re-election campaign.

As well, the company has been facing other mounting troubles, legal and in the court of public opinion, over their implementation of software, hardware and various Elections Systems contracts around the United States as has been reported in have charged the company may be in violation of a court order stemming from that agreement. In North Carolina, Diebold recently lost an attempt in the court system to receive exemption from parts of a state law requiring the escrow of their voting system's software source code. They were certified anyway the next day in North Carolina, and some activists have questioned whether or not the certification was done according to state law and whether or not new legal proceedings may be launched there. And in California, a debate rages on concerning the possible re-certification of Diebold's touch-screen voting machines here after some 20% of their machines failed in a recent mock election test.

According to internal "Privileged and Confidential" documents of "Attorney Work Product" originally obtained and reported by Ian Hoffman of The Oakland Tribune in 2004, an estimate of legal costs in California for the Voting Machine giant was pegged by their attorneys at $535,000 - $925,000 for just a single two month period in order to fight mounting legal troubles in the state. Diebold's law firm, Jones Day fought in Los Angeles County Superior Court to keep those leaked memos from being further circulated.

The document estimating legal expenses [PDF] lists costs in regard to the Qui Tam Action filed (and eventually settled) by election watchdogs at BlackBoxVoting.org, the costs for fighting "Criminal Exposure" such as "legal analysis of potential criminal violations" and "White collar criminal law attorney pre-grand jury investigative advice" and even costs to the firm to "Monitor selected Web sites to gain key intelligence."

Concerning the potential of a new lawsuit against the company, DIEB-THROAT is not surprised, and expressed hopes to The BRAD BLOG in a recent email that some good may come from the possibilities of upcoming litigation:

"The denial of every documented problem with Diebold's voting system was bound to unravel sooner or later. I am not surprised that such a lawsuit has developed [as] the company consistently offered Wall Street deceptive information. Perhaps with the help of few patriotic plaintiffs our nation will be saved from Diebold's corporate takeover of our right to vote - and have that vote counted free from corporate and political influence."

The BRAD BLOG will, of course, continue to follow this story as it develops...

UPDATE 12/12/05: Diebold CEO, Walden O'Dell resigns in wake of imminent fraud litigation! MUCH MORE...

CORRECTION: A reader correctly pointed out that O'Dell promised that he, not necessarily his company, Diebold, as we originally reported, was committed to delivering the state of Ohio to George W. Bush in the 2004 election in his now-infamous fundraising letter to Republicans. More details here on that letter, here....

More on our DIEB-THROAT reports can be found here. Please help us to continue reporting on such stories with a donation to The BRAD BLOG! Our work is almost solely financed by your support and any help is much appreciated!



Diebold Insider --- First Reported by BRAD BLOG --- Offers Additional Revelations in New Interview...
By Brad Friedman on 12/6/2005 12:03pm PT  

RAW STORY's Miriam Raftery unleashes a terrific new piece today based on an interview with the Diebold Insider, dubbed as "DIEB-THROAT", who we originally introduced in our BRAD BLOG EXCLUSIVE back in September.

Raftery previously delivered the terrific San Diego CityBeat story in October on all manners of electile dysfunction since the November 2004 election mess, right on up to the recent Mayoral boondoggle on Diebold machinery in San Diego. She's covered the Election Reform and Diebold beat in various outlets for some time.

Amongst the revelations reported by Raftery for RAW from her exclusive interview with the anonymous whistleblower who has chosen to keep their identity undisclosed for the time being due to "a continuing sensitive relationship with the company":

  • DIEB-THROAT blasts "the dishonesty" of the Diebold company and their CEO Walden O'Dell who has come under much fire since announcing his intention to "deliver the state of Ohio" to George W. Bush in a Republican fundraiser."
  • Says Diebold CEO Walden O'Dell is "the number one culprit" in putting pressure on employees to "make the numbers."
  • More quickly disproved statements from Diebold spokesperson David Bear who describes the company as having "a sterling reputation in the industry." Denies (at first) that paper trail rolls in Ohio's '05 election came in completely blank.
  • DIEB-THROAT blasts the "corporate takeover of elections" as a "very dangerous precedent that needs to be stopped"
  • DIEB-THROAT compares the massive new wave of Electronic Voting Machines to a Civil Rights-era "denial of rights"
  • New details on the Georgia 2002 gubernatorial election where Diebold installed patches to the software described as "never certified by the state." DIEB-THROAT was involved in some of those allegedly illegal and apparently malfunctioning patches. Heavy Democratic counties ended up electing Republicans.
  • The source says Diebold has installed such patches "many times," it's just that they "got caught in Georgia and California."
  • Uproar from the public for paper ballots was the reason Diebold finally conceded to add "paper trails" to their touch-screen machines for jurisdictions who specifically requested them.
  • Details on a failed Cook County, IL test of the Diebold touch-screen machines.
  • Details on several convicted criminals (for "computer-aided embezzlement" and "cocaine traffick[ing]") who were key to Diebold's software development and deployment, one of whom may still be working to program Diebold ballots around the country.
  • Refers to the Help America Vote Act (HAVA), which DIEB-THROAT once, but longer supports, as "a big money grab."
  • Describes Diebold machines as "purposely complex and poorly designed."
  • Much more and full details in RAW's complete article here...




    Mainstream Media Reports Indicating Scheduled Attempt to 'Hack' Voting Machines Appear to Be Incorrect
    State, Activists Still Negotiating Paramaters, Scheduling of Test as State and Federal Deadlines Draw Near?
    By Brad Friedman on 11/27/2005 7:03pm PT  

    With Additional Reporting by John Gideon

    On Friday, November 25, a news story appeared in the San Francisco Chronicle by political writer John Wildermuth reporting that the California Secretary of State's office would be allowing Election Reform activists to perform an attempted hack of voting machines on Wednesday, November 30th. That report was soon picked up by the Associated Press and other outlets where it was repeated, in part, in newspapers, radio and television across the nation. Headlines along the line of "Hacker to try to attack state voting machines" were blared across the media throughout the holiday weekend.

    While the story seems to be based in some reality, reporting by The BRAD BLOG over the last several days has revealed that the matter seems to be a far cry from the way it has been reported by the Mainstream Media. In fact, while negotiations for such a test are ongoing, the parameters to be used are still being hashed out, no definite schedule has yet to be determined, and Finnish computer scientist Harry Hursti, who created this particular method for hacking into Diebold voting machines has made no plans at this time to travel to the United States to perform the hack attempt.

    Such a test, if performed, could be crucial to a decision soon to be made by CA Sec. of State Bruce McPherson about whether to allow various Diebold voting systems in the state. That decision, in turn, will likely effect decisions by other states and counties around the U.S., all of whom are facing a January 1, 2006 deadline set by the Help America Vote Act (HAVA) to be met if jurisdictions are to receive millions of dollars in Federal money to help pay for "upgraded" Electoral Systems.

    California's Republican Sec. of State McPherson had famously refused to re-certified Diebold's AccuVote TSx touch-screen voting machines over the summer after a major test in the state had found that some 20% of the machines had failed to perform as promised with printers jamming and screens freezing at an unacceptable rate. Diebold's machines had previously been de-certified by former Democratic Sec. of State Kevin Shelley. McPherson's sudden about-face concerning Diebold has caught many by surprise. The potential change of position towards Diebold was discovered recently and sent a shockwave through the Election Reform activist community who then converged on Sacramento to complain about the apparent flip-flop by the Sec. of State.

    The Mainstream Media --- Apparently Misled by the Sec. of State --- Gets It All Wrong?

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




    (While Election Results Themselves Continue Un-Investigated)
    By Brad Friedman on 11/21/2005 2:27pm PT  

    The oft-cited pollster Mark Blumenthal, who writes about all matters related to polling and its methodology on his Mystery Pollster blog, has posted the results of his analysis/investigation into what he feels may have gone awry in the Columbus Dispatch polling just prior to the November 8th election in Ohio.

    We've previously reported on the final results of the five initiatives on the ballot in the Buckeye State two weeks ago - four of them part of an Election Reform package --- and the "staggeringly impossible" disparities, as we described them, revealed by those results when compared to the results of the Dispatch's final pre-election polling. To catch anybody up who hasn't seen the numbers, here's one set of them:

    ISSUE 3 (Revise campaign contribution limits)
    PRE-POLLING: 61% Yes, 25% No, 14% Undecided
    FINAL RESULT: 33% Yes, 66% No

    Blumenthal deserves kudos for his serious and detailed investigation into both the Dispatch survey's "long and remarkable history of success," as he describes it, and where he feels they might have gone so astoundingly wrong this year for the very first time. He points to a few changes in the methodology for the poll; the Dispatch didn't use the precise text of the initiatives in its survey; included an "Undecided" option for the first time; an examination of the data seems to show the poll occurred at a time that the electorate was in the process of changing its opinions on the issues; and finally that many voters found the text of the actual ballot initiatives to be long and confusing leading them to take the safer vote of "No" when they were not clear about what they were actually voting for.

    Where he doesn't deserve credit is in his approach which presumes from the start that there must be something wrong with the polling itself --- but not the Election Results --- to explain the unprecedented disparity between the polling and the final results of the actual election.

    As a pollster himself, he surely knows that it's quite simple to construct a poll in such a way that one can get back results which match just about any pre-determined outcome an unscrupulous pollster may hope for. Similarly, as with Blumenthal's earlier efforts to examine the disparity of Exit Poll Results vs. Final Election Results in last November's Presidential Election, his approach presumes from the get-go that the polling, not the results, are incorrect...and now we just need to figure out why.

    Fair enough, in general. No doubt the articles we've written about the Ohio '05 election results, as well as the one from Fitrakis and Wasserman at Free Press, tend to presume that the election results are suspect, more so than the polling or its methodology.

    The difference, however, is that while we welcome the search for reasons why the Dispatch's historically accurate poll might suddenly have failed for the first time in such an unprecedented matter, we have as much or more reason to be skeptical of Ohio's Electoral System which has been documented as full of unquestionable corruption and all-sorts of top-to-bottom malfeasance. Particularly over the last year or so since the Presidential Election.

    In other words: Sure, we can, and should, go looking for reasons why the Dispatch poll might have failed so mightily for the first time in its history, as others (including Blumenthal) did with the Exit Polls from November '04 which also --- just a coincidence, we know --- failed so hugely for the first time in their history. We can likely find anomalies to somewhat explain what might justify a pre-determined conclusion that Election Results are right and Pre-Election Polling must be wrong. But why would Blumenthal, or anybody else, have reason to believe that scientifically run polls with methodologies developed and honed over decades, run by pollsters with (theoretically) no dog in the hunt, should be less reliable than an Electoral System being run on newly developed, newly introduced technology employing secret software that nobody inspects for validity or integrity? All of which is run on machines which have a tremendous and documented known failure rate and are run by partisan officials with not just a stake in the outcome, but whose very livelihoods (in the case of the recent Ohio initiatives, as well as last November's election) are at stake in the final results. ...

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




    More on Ohio's Staggeringly Impossible '05 Results
    The Corporate Media Continues to Not Care, But a Rightwing Blogger Finally Does...
    By Brad Friedman on 11/17/2005 12:16pm PT  

    The Corporate Mainstream Media may not give a damn about our democracy. Neither might the bulk of our politicians on both the Left and Right side of the aisle. But clearly the citizens do, and even one rightwing blogger who has recently seen at least some of the light...

    The response to our article on the "staggeringly impossible" results of last week's election in Ohio on several Election Reform initiatives which would have struck deep into the heart of far-right Republican Ohio Sec. of State J. Kenneth Blackwell has been notable to say the least.

    We felt the report was notable enough that we decided to cross-post it both at BRAD BLOG and at HuffPo, where --- though it was never added to the front page as a "featured blog" --- it has already received an extraordinary 93 comments as of this posting.

    To give you an idea of what that story documented, here are the numbers from just one of the four Election Reform initiatives which all ended up failing by numbers which defy reasonable explanation when compared to the historically accurate Columbus Dispatch poll, completed and published just days before the Election in the Buckeye state:

    ISSUE 3 (Revise campaign contribution limits)
    PRE-POLLING: 61% Yes, 25% No, 14% Undecided
    FINAL RESULT: 33% Yes, 66% No

    The results on that issue alone was so far askew that it was enough to give the usually dubious Mark Blumenthal of Mystery Pollster pause enough to comment, "These results had MP seriously wondering whether the pollsters or election officials had mistakenly transposed 'yes' and 'no' in their tables."

    See the original post for a comparison of Polling vs Final Results for all of the initatives, but suffice to say while the one above was the most inexplicably out-of-whack, the others, with the exception of Issue 1 --- which was the only one supported by Ohio's Republican Governor and on which the Dispatch poll was virtually right on the money on "Yes" voters --- all of the initiative Final Results bring the entire election machinery in Ohio once again under deservedly fresh scrutiny.

    (We'll remind you that Ohio's results in the '04 Presidential Election squeeker, where just 6 votes for Kerry instead of Bush at each precinct would have changed the entire result for the nation. And also that the results from that election remain completely suspect, largely uncounted, and never recounted according to state law even while several elections officials have either been indicted or remain under investigation for their role in gaming that fiasco...the one in the state which gave Bush enough electoral votes to claim the Presidency).

    The original report we filed, discussed an article by Bob Fitrakis and Harvey Wasserman of the Free Press in Columbus where they've been detailing an extraordinary amount of the election chicanery and "irregularities" under the iron-fisted rule of Blackwell, the Ohio elections arbiter and Bush/Cheney '04 Co-Chair in a state which is currently a snakepit of Republican machinery and out-and-out corruption.

    Amongst the comments at both BRAD BLOG and HuffPo where the blog item was posted, a few, as expected, have knee-jerked that it must have been the Columbus Dispatch polling that was wrong, rather than the Final Results reported by the State which added brand-spankin' new, and wholly unaccountable, unrecountable, untransparent, and undemocratic Electronic Voting Machines for the first time in this election to 44 of its 88 counties. Machines which use secret software on which voters are asked to trust --- but not verify --- that their votes will be recorded accurately...or at all.

    In addition to those 44 counties (41 of them using the same machines by Diebold, Inc. that the Republican Sec. of State in California recently decertified for their 20% failure rate), several other counties already use Electronic Voting Machines, and nearly all of them use electronic tabulating machines of one brand or another to count those votes.

    We spoke yesterday to Fitrakis about the Dispatch poll's "historic accuracy" (which he described as "legendary" in our phone call) and about the various wingnuts who predictably presume the polling, instead of the election results, were wrong...

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




    Governator First Instructed to Use a Provisional Ballot, Given Normal Ballot Anyway!
    LA County Registrar, Diebold Supporter Admits 'Protocol Breached in Advance of Election'
    By Brad Friedman on 11/8/2005 2:01pm PT  

    Due to a problem with Electronic Voting Machines in Los Angeles County, Gov. Arnold Schwarzenegger was told he had already voted when he showed up at the polls today to cast his ballot in the Special Election that he himself declared for California today!

    He was told he'd have to use a provisional ballot, but unlike most American voters, he was eventually allowed to use a regular ballot anyway.

    Los Angeles County Registrar, Conny McCormack (a huge fan of Diebold machines, and a very good friend of their sales rep here in Southern California) is trying to mitigate the damage...big time...Though she admits that someone "breached protocol in advance of the election"

    It should be further noted, that the Governator was attempting to vote in Brentwood (in Los Angeles County), but the "breach" --- which would have kept a normal non-Gubernatorial citizen from voting on anything but a provisional ballot --- occurred in Pasadena, about a 30 to 45 minute drive from Brentwood. Early voting, on paperless Diebold Touch-Screen Voting Machines, has been occurring in Los Angles County for the last several weeks.

    From Los Angeles Times... [emphasis added]

    Schwarzenegger Hits Snag at Polling Place

    SACRAMENTO --- Gov. Arnold Schwarzenegger showed up to his Brentwood neighborhood polling station today to cast his ballot in the special election --- and was told he had already voted.

    Elections officials said a Los Angeles County poll worker had entered Schwarzenegger's name into an electronic voting touch screen station in Pasadena on Oct. 25. The worker, who was not identified, was testing the voting machine in preparation for early voting that began the next day.
    ...
    Schwarzenegger's aides were informed of the problem when they arrived this morning to survey the governor's polling station. The poll worker told the governor's staff he would have to use a "provisional" ballot that allows elections workers to verify if two votes were made by the same person. McCormack said the poll worker did the correct thing.

    The governor, however, was allowed to use a regular ballot.
    ...
    "This is someone who breached our protocol and was playing around in advance of the election," she said.

    Tom Hiltachk, the governor's attorney, said: "I have no reason to believe anything nefarious occurred.

    But Kim Alexander, president of the nonpartisan California Voter Foundation, said the problem highlights the need for better verification of electronic voting.

    "If the governor is going to have a mix-up on his ballot," she said, "it will make other voters wonder what is going to happen with their ballots."

    (Thanks to John Gideon of www.votersunite.org for alerting us about this one!)

    CORRECTION: The original version of this article had said that Schwarzenegger had voted in Sacramento. Schwarzenegger had, in fact, voted at his Brentwood precinct, which is in Los Angeles County. The BRAD BLOG regrets the error.




    Whether Those Who Hate America and Democracy Like it Or Not.
    PLUS: A Song to Fight for Democracy By...
    By Brad Friedman on 10/8/2005 11:05am PT  

    {Blogged by Brad on the road...}

    The fight for democracy in America --- even as we still scratch our head with continued wonder that a "pro-democracy" movement is actually necessary in the United States of America in 2005 --- continues to be a difficult one. But the fight is well worth it. Even as our victories tend to come in small, but continually accruing pieces.

    We're not supposed to be talking about this issue at all, 11 months after November 2nd, 2004...and yet more and more are doing so every day. The Mainstream Corporate Media may not get it yet. But the ranks of great patriots who give a damn about their country continues to burgeon as the noise in favor of an accountable democracy increases every day due to the folks like the good readers of The BRAD BLOG who take their civic duty to heart.

    Here are just a few of the latest positive signs in the continuing fight for a free, fair, verifiable and transparent democracy that many would prefer we simply didn't even discuss. We will continue to do so nonetheless. The burden is well worth carrying. The rewards for doing so are well worth the effort.

    Debra LoGuercio, editor of Winters Express and columnist in Daily Republic and elsewhere, makes it a hat trick with her third column in as many weeks on our tenuous Electoral System. She was haunted by the siren sounded by our first article on the Diebold insider we dubbed DIEB-THROAT, who alerted us to the Dept. of Homeland Security website where a Cyber Alert was issued last year prior to the election about the vulnerability to hackers in Diebold's central tabulator software. That vulnerability has, by Diebold's own admission, never been addressed.

    In her latest column titled "E-voting fraud is an American issue" LoGuercio joins the ranks of those of us who continue to be stunned at the remarkable indifference by the Mainstream Corporate Media to what DIEB-THROAT refered to as "one of the greatest threats democracy has ever known":

    So many topics, so little column space. And yet soooooo much e-mail. In the media, we talk of a story having �legs,� meaning that it just keeps running. It seems the topic of electronic voting fraud is a centipede.

    I've accumulated a mountain of studies and reports on Diebold's electronic voting machines since I wrote the Dieb-Throat columns, all pointing to the same conclusion: The software can be hacked - undetected - relatively easily by someone with the technology skills.
    ...
    Why isn't the national media all over this topic like stink on a monkey? Why are we hearing about Brad and Angelina rather than a story that may shatter the foundation of American democracy if it's true? Maybe it's just not sexy enough. Maybe it won't move enough Viagra. Or maybe the grotesquely wealthy owners of the national media don't want this issue to come to light.
    ...
    Maybe that's why people are frantically encouraging me to keep pushing the issue, as if they're pinning their hopes on me. If that's the case, we're in big trouble. In the media world, I'm not even a small fish in a small pond. I'll keep on splashing, but it's hard for a guppy in a mud puddle to make waves.

    However, it brings to mind a children's story about Swimmy, a little fish that encouraged all the other little fish to swim together in the formation of one large fish. Working together, they survived the perilous waters among the sharks. That's what all us little fish must do - swim together.

    Again, read her full column to find out about her response from AP and NBC affiliates when she contacted them about all of this, and see if you can find a way to help swim together with her efforts. It's well worth it, and the support means the world to folks like us who go out on a limb on these matters...even when doing so may be neither popular nor the easiest thing to do.

    In the meantime, there are signs that more and more folks are taking notice of what is going on and walking out on that limb as well. C-NET's News.com ran an article yesterday by Declan McCullah headlined "E-voting hobbled by security concerns".

    The first couple of grafs:

    It's been nearly five years since Americans received a painful education on the perils of traditional voting machines in Florida and almost one year since the 2004 election revealed perplexing irregularities in Ohio's vote tabulation methods.

    Yet no uniform security standards exist for electronic voting machines. Even though they were used to tabulate a third of the votes in last year's presidential run, nearly all electronic voting machines in use today remain black boxes without external methods of verifying that the results have not been altered or sabotaged.

    The article covers both the ongoing concerns, and the internal debates --- even amongst election reformers --- about how and when to produce and count paper ballots...or "receipts" as they are regrettably becoming known in many circles.

    On the point of the difference between reformers on these issues, I hope to produce a one-page "Declaration of Democracy" in the next couple of weeks, a page on which we worked diligently at the Portland Election Reform summit. I believe we can bridge the differences between reformers on these matters to get everyone on the same page. I've been working hard on that effort personally behind the scenes, and hope to have something to show for it in the next couple of weeks. Just by way of a heads-up...So that perhaps we may be able to "swim together" on these issues.

    A second article from News.com published yesterday over at ZDNet covers a similar discussion on the problems with E-Voting vulnerability and the need to open the software for inspection:

    Overlooked bugs and malicious code pose a plausible threat to software on electronic voting machines, a panel of election experts said Friday.

    And finally, there it was yesterday...smack dab in the middle of The New York Times: a full-page ad that asks the the too-obvious questions, "Would you trust a bank that refused to issue ATM receipts? Will you trust your democracy to voting machines without them?"

    The ad calls for support of Rep. Rush Holt's (D-NJ) H.R. 550 "Voter Confidence and Increased Accessibility Act of 2005" which we generally support as a good first step towards accountability. (You can send your words of support as well to your folks in congress quickly by using Velvet Revolution's easy Email generator here.)

    Here's the very welcome ad, signed by many election reformers. Amongst them, our friend the heroic Robert Koehler (listen to our interview with Koehler at the Portland Summit as broadcast on The BRAD SHOW by clicking here and selecting HOUR 3.)

    To read the full text of the ad in PDF format, click it, or click here.

    Let's all keep swimming...together...

    If you need some added inspiration to keep up the fight for democracy, we'll strongly recommend this great song [mp3], courtesy of Victoria Parks. "It's well worth fighting for..."




    Lots of Stuff! Way Too Little Time!
    By Brad Friedman on 9/30/2005 1:12pm PT  

    {Blogged by Brad from Portland, OR}

    Cramming all of this into a single item, since I'm way up against it here in Portland where I'm speaking tonight (and all weekend) at the National Summit to Save Our Elections. If you're in the 'hood! Please come on by and say hello!

    UPDATE: Our erstwhile engineer from our BRAD SHOWS in Crawford, Otie Mclay is here, and informs me he's currently streaming as much of the conference as possible LIVE right now at KPFTX.org! Go listen in!

    Doing tons of media up here, trying to get the word out about the Summit and the grave need for Election Reform in America. (You can listen to two hours with me battling it out with "Conservative" Lars Larson yesterday, in studio, by way of example. Thanks for posting it, David!)

    Got a call from the Ron Isana radio show folks inviting me to debate with ANN COULTER tomorrow morning at 9am PT (12noon ET). That should be fun. On Delay and Frist, etc. Will try to find a minute or two to bone up on it all late night tonight I guess! :-) --- Insana is nationally syndicated all over the place.

    UPDATE:See this item for listening links to hear the tape-delay version as it streams live again Saturday @ 3pm ET (Noon PT), and then for the archive posted thereafter.

    It was nice to be in-studio, as well, this morning with Thom Hartmann up here. He's agreed to appear on The BRAD SHOW tomorrow (LIVE Saturday, 7p-11p ET or 4p-8p PT, with reBRADCast on Sunday at Noon ET). We'll have tons of stuff from the conference, loads of guests, including, but not limited to David Cobb, Clint Curtis, Robert Koehler, Ellen Theisen, and many more Election Reform All-Stars! We won't have phone lines, however, so you'll need to play along here at The BRAD BLOG in our Open Thread during the show.

    Finally, and speaking of Election Reform All-Stars, Debra LaGuercio of the Daily Republic --- who picked up last week on our initial DIEB-THROAT story --- follows up with more on it this week!

    It's a great column, that deserves to be read in its entirety, headlined, "Sadly, Dieb-Throat doesn't disappoint". It starts this way...

    When I wrote last week's Dieb-Throat column about a whistleblower revealing security risks in Diebold touch-screen voting machines, I was deliberately setting myself up for a sucker punch. Go ahead, clean my clock. Make me see stars.

    I awaited a deluge of feedback, ridiculing me for believing anything posted on a blog (www.bradblog.com), along with mountains of evidence showing that Diebold's machines are perfectly reliable and completely tamper-free, and that our election results were never and could never be secretly altered.

    LaGuercio did receive "a deluge of feedback," but it wasn't what she had expected. Read the entire thing to find out how it came out. Wish I had more time to cover it today! But suffice to say, a new Election Reform All-Star is born in the media and her article ends simply "America - 1776-2004. R.I.P."

    I'm reminded of the old Native American (I think) saying, "A path is laid one stone at a time."

    Laying stones from Portland, OR...one at a time...and with your help...Talk to ya on the air tomorrow night! Brad




    Stock Fall Another 3.3% Today...
    (And More Trouble Still To Come for Diebold, Our Sources Tell Us...)
    By Brad Friedman on 9/27/2005 9:46am PT  

    With Diebold, Inc.'s financial and ethical and political chickens perhaps finally coming home to roost, Andrew Gumbel, author of Steal This Vote: Dirty Elections and the Rotten History of Democracy in America comes out with some more troubling information on the voting machines sold by America's largest Voting Machine Company.

    As we write this morning, Diebold's trouble stock prices, which fell nearly 20% over two days last week alone, continue to tumble. DBD share prices are down 2.33% so far in early trading today closed down another 3.3% today!

    The trouble reported by Gumbel today, comes out of Georgia, vis a vis the Democratic Secretary of State down there and what appears to be some less-than-above-board contractual shenanigans with Diebold and their hardware and software. The report also suggest that votes may have disappeared entirely from Diebold voting machines.

    Gumbel reports, in a Huffington Post blog item today based on several original documents and contracts obtained via public records requests made by CountTheVote.org's Roxanne Jekot, that recent "elections were run on software that was not only untested but also uncertified, that key components broke down during live elections, that county officials were left clueless on how to operate the new machines because of a breakdown in the training schedule, and that the cost of installing the electronic touch-screen system jumped dramatically beyond the advertised $54 million, without proper legislative oversight or approval."

    While Gumbel's concerns seem to be used to question Sec. of State Cathy Cox's fitness for office as she makes a 2006 gubernatorial bid, it's Diebold's complicity in keeping security issues with their machines quiet that caught our eye. Amongst the items reported by Gumbel based on records reviewed (more links available in his original article):

    � Georgia ran its first all-touch screen election, in November 2002, with software for which no evidence of legal certification had been submitted. Certification documents were still not forthcoming, in fact, as late as March 2003. Because of a meltdown in the schedule for training county election workers, Georgia ended up abdicating control of the election to Diebold technicians, who ran it on the state's behalf � without the voters being told.

    NOTE: The 2002 election questioned above, was when Senator, War Hero and 3-time amputee Max Cleland (D-GA) lost his seat in a surpise victory by Republican, Saxby Chambliss who had run advertisements questioning the patriotism of Cleland, and comparing the Vietnam War hero and 3-time amputee to Osama bin Laden and Saddam Hussein.

    Gumbel continues...

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




    Business Sections Confirms our 'Inside Source' at Diebold
    Compares Troubled Company Again to Enron...
    By Brad Friedman on 9/26/2005 12:22pm PT  

    In a story about Diebold, Inc. continuing trouble the Cleveland Plain Dealer's business section reports that the Ohio-based company "lost almost a fifth of its share value last week." (Trading of DBD continues flat again today with shares off some .50% on the day.)

    As well as comparing the company's restructuring to the failed strategies at Enron, reporter Alison Grant picked up on BRAD BLOG's Exclusive story of the Insider we refer to as DIEB-THROAT:

    The news about troubles at Diebold also hit online opinion sites where voting-rights groups long have criticized what they say are security problems in Diebold's voting equipment.

    U.S. Newswire carried a release saying that a whistle-blower, "Dieb-Throat," was spilling the beans on practices at the company.

    The insider, when contacted by a reporter, described a company groping to get its voting-equipment business stabilized after a series of equipment malfunctions and sales setbacks.

    "We have no response to that kind of nonsense," [Diebold spokesman Mike] Jacobsen said.

    Diebold shares closed Friday at $36.15, down 18.5 percent from Tuesday's close.

    Apparently, Diebold has no response to all sorts of "nonsense." Like a branch of the U.S. Dept. of Homeland Security sending out a Cyber Alert Bulletin prior to last year's November Election warning that Diebold's central vote tabulator was open to any malicious user who might wish to change the results of an election. Diebold failed, apparently, to offer a security upgrade even after that Alert was issued, and to this day acknowledges it as no more than an "unproven allegation."

    Failure to respond to such "nonsense" seems to be costing the company dearly. And more trouble, our so-far very reliable inside sources tell The BRAD BLOG, is soon on its way...




    By Brad Friedman on 9/23/2005 4:23pm PT  

    Debra LoGuercio, editor of the Winters Express in California, takes a look at our DIEB-THROAT stories in her latest column for McNaughton Newspapers. She closes with this graf:

    If someone can refute the Dieb-Throat story and www.bradblog.com posts, please do. Because if they're true, our votes and elections are meaningless. Which means the very foundation of American democracy is meaningless. Which means our country as we know it is dead.

    We're glad LoGuercio has noticed, and that more and more such folks are beginning to take notice of what we've been yelling and screaming about since at least November 3, 2004 here at The BRAD BLOG

    We also join her call for refutation of the points made by DIEB-THROAT in our stories covering just some of the information that the still-anonymous source has shared with us. Those stories, if you haven't caught them yet, are respectively here, here and here. You can reach LoGuercio at this email address, and you can reach us at this one should you have any information or evidence that in any way questions the validity of our reporting or the information we've presented so far from DIEB-THROAT.

    So far, that hasn't been done. As well, we are told that more coverage of our reporting from other media outlets (larger ones) is likely on the way.

    Today, Diebold Inc's stock price stayed largely flat (gaining about .61%), closing at $36.15.

    Last February, when we launched our "Divestiture for Democracy" campaign at VelvetRevolution.us shares of Diebold, Inc. (DBD) stock were more than $53/share. The value of the company's stock has fallen more than 30% since we began our campaign, plunging some 20% in the last week alone since our first DIEB-THROAT story.

    The DV4D Campaign put America's Voting Machine Companies on notice. We let them know we expected them to do the right thing for this country and introduce transparency, security and accountability into the electronic election systems which they were foisting on a misinformed electorate.

    We hope that the other major American Voting Machine companies are taking note of what is happening right now at Diebold, and before they get too excited about trouble at their competition, we hope they all understand our promise (The BRAD BLOG is a co-founder of VR) to do anything and everything legally and within our power to hold the anti-American owners and management of all of those companies accountable for putting our democracy at grave risk through their careless and unpatriotic business practices.

    Democracy is not for sale. At least it shouldn't be. And we intend to continue to do something about it. Wherever and whenever possible.

    We didn't set out to write a fundraising article for VelvetRevolution, but now that we've written it, we realize, this is as good a time as any to ask for your support of VR, so that we can keep up such work to help take our great country back from the cretins and bad guys that have --- and continue to --- hijack it from the good citizens of this country.

    You can make a donation to VR right here... Thank you in advance! We need it!

    P.S. Today, VR placed a new ad in Washington DC's City Paper to coincide with this weekend's massive rallies there. More on the latest ad in our campaign here, but here's a preview for you...

    P.P.S. Katrina Wilcox, our Information Manager extraordinaire from VR, will be Guest Blogging here all weekend from D.C. where she's covering the rally for us! Please come back soon for thoughts, pictures and even video if we're lucky from on the ground in D.C. all weekend!




    Disputes Voting Machine Company's Explanations for Lowered Forecasts, Compares Company to Enron...
    Points to Mismanagement, Failed Voting Equipment, Homeland Security Warnings and CEO O'Dell's $3m Salary as More Likely Causes
    By Brad Friedman on 9/22/2005 12:31pm PT  

    Our still-anonymous Diebold Insider --- who we call DIEB-THROAT --- has some thoughts on Wednesday's sudden and stunning 15.5% one-day plunge in Diebold, Inc. share prices as reported earlier today by The BRAD BLOG.

    "What a difference a few months makes," DIEB-THROAT wrote after the market close on Wednesday. "Back in July, Diebold told investors during its conference call the election revenues were sound and expected to grow." Yes, DIEB-THROAT was on that conference call. "Now all of a sudden Diebold's [CEO Walden] O'Dell tells investors of $10 million in lower revenues from election systems alone. Perhaps what Diebold isn't talking about is the $500,000 a month in legal fees they were spending in California, or the current rash of problems with touch screen systems that freeze up when votes are cast. Using Hurricane Katrina is a poor excuse for bad products - the last time this kind of deception occurred it was called Enron."

    The blistering comments about Hurricane Katrina were in regard to Diebold's press release early Wednesday morning attributing much of their lowered forecasts for 3rd quarter and full-year earnings to the hurricane. The "freeze up" on Diebold's touch-screen voting machines has long plagued the North Canton, Ohio-based company, and a recent massive test of the equipment by California's Republican Sec. of State Bruce McPhereson confirmed that a full 20% of Diebold's machines either froze up or had printer jams.

    When The BRAD BLOG spoke last week with Diebold spokesperson, David Bear about the California tests, Bear repeated several times times that "there were a total of 10 printer-jams after 11,000 votes were cast." When asked several times about similar statistics concerning the number of screen freeze-ups, Bear was unable to give us any information or numbers whatsoever.

    The Tri-Valley Herald, however, had some numbers in their report on the massive California tests:

    [W]hen Diebold representatives trucked in 96 brand-new TSx machines, and local elections officials voted on them July 20 in a San Joaquin County warehouse, nearly twice as many machines froze or crashed as had paper jams.
    ...
    In all, 19 machines had 21 screen freezes or system crashes, producing a blue screen and messages about an illegal operation or a fatal exception error. A Diebold technician had to restart the machine for voting to resume. Ten machines had a total of 11 printer jams. Almost a third of all machines in the mock election had one problem or another.

    Those tests, the largest of their kind, led to Sec. McPhereson's banning of the Diebold TSx touch-screen voting machines in the State of California, the largest voting "market" in the country.

    Amongst other problems the company blamed on the hurricane in this morning's release, they claimed, "the impact of Hurricane Katrina is negatively affecting scheduled election systems deliveries in the Gulf region, resulting in approximately $10 million in lower elections systems revenue during the quarter."

    As well, O'Dell himself is quoted in the release as suggesting "operational inefficiencies" as one of the factors contributing to lowered earnings expectations:

    "I am extremely disappointed with our lack of progress in correcting our operational inefficiencies, and I am personally committed to taking immediate action to improve our effectiveness in these areas," said Walden W. O'Dell, Diebold chairman and chief executive officer.

    However, O'Dell --- who took over today as President and Chief Operational Officer for Eric C. Evans who announced his resignation this morning --- didn't mention if correcting "operational inefficiencies" would include any changes to the $3,058,650 paycheck that O'Dell himself took from the company in 2004.

    As well, DIEB-THROAT believes there's more bad news ahead for Diebold stockholders, pointing to the failure of stock prices to bounce back quickly today after the early morning plummet. "Typically the stock would bounce back after such a dip. This is a sure sign of a troubled company," says the source who continues to request anonymity based on a continuing sensitive relationship with the company.

    More trouble in the days and weeks ahead was also predicted by DIEB-THROAT, who feels the trouble isn't as much the weather, as it is a poorly run company.

    "If Hurricane Katrina was at fault this stock should go through the floor when Hurricane Rita hits. The fact of the matter is Diebold is mismanaged and unethical. The revolving door in top management we've seen in the last few months is perhaps the sprint for cover. After all who wants to be around when the feds pull back the curtain on the Homeland Security issue," said DIEB-THROAT in regard to the Cyber Alert issued last year, prior to November's election, by the U.S. Computer Emergency Readiness Team (US-CERT) --- an arm of the U.S. Dept. of Homeland Security --- as reported in a BRAD BLOG Exclusive late last week.

    That "Cyber Security Bulletin", little-noticed by the media, and apparently wholly ignored by Diebold when it was originally posted in late August of 2004 is still available on the US-CERT website. It warns of an "undocumented backdoor" in Diebold's GEM Central Tabulator software used with its electronic voting machine systems. The security vulnerability could allow a local or remote user to modify vote tallies stored in the system according to the warning and corroborated by several different sources.

    "This backdoor means that one malicious person can change the outcome of any Diebold election," DIEB-THROAT said in our previous article. "Diebold's election system," the source added, "is one of the greatest threats our democracy has ever known."




    Recovering a bit this afternoon, but still down...
    UPDATE: Share Price Falls More Than 4% On The Day, Off 20% In Last Two Days Alone!
    By Brad Friedman on 9/22/2005 11:18am PT  

    Share prices of Diebold, Inc. (DBD) continued to fall sharply in early trading today, dipping 7% right off the bat as reported by AP. Minor recovery has begun to occur over the last few hours in continued heavy trading. Hit REFRESH for the latest prices in the chart below which shows today's trading only...

    See yesterday's report on Diebold's 15.5% plunge here, and DIEB-THROAT (the Diebold insider) comments on the company's woes after the plummet, comparing them to Enron, here.




    President/COO Quits! CEO Walden O'Dell Takes Over!
    By Brad Friedman on 9/21/2005 10:16am PT  

    Shares of Diebold, Inc. (DBD) continued to fall in heavy trading today after hitting a 52-week low at Tuesday's close as reported here last night.

    As of today's, shares had dropped 15.5% in very heavy trading, along with news that their President and Chief Operating Officer, Eric C. Evans has resigned effective today. Diebold, Inc. CEO Walden O'Dell has announced he will take over for the moment...O'Dell is well known for his Republican fundraising letter of 2003 announcing that he was "committed to helping Ohio deliver its electoral votes to the President."...Diebold Elections Systems, Inc. and competitor ES&S count more than 80% of America's votes each election and have come underfire for inadequate security on their voting machines, as well as a lack of transparency for their proprietary source code, and a lack of accountability and verifiability in their election results.

    Real-Time Chart, Slight Delay, Hit Refresh for Updates...

  • BRADBLOG: "DIEBOLD INSIDER: 'Diebold System One of Greatest Threats Democracy Has Ever Known'"
  • REUTERS: "Diebold cuts forecast, COO leaves, shares plunge"
  • AP: "Diebold Shares Dip on Lowered Forecast"
  • BRIEFING.COM: "Diebold downgraded by Robert W. Baird"
  • UPDATE: Diebold insider, "DIEB-THROAT" weighs in on today's stock plunge! Compares company to Enron! Points to CEO O'Dell's $3m Salary and more! Read it here...




    Odds 'n' Ends and the Net Reaction...
    PLUS: Brad Appearances on Pacifica and Huffington Post
    By Brad Friedman on 9/18/2005 2:49pm PT  

    There's been quite a hullaballoo both here and elsewhere since I posted my exclusive interview with DIEB-THROAT last Thursday pointing to the Cyber Alert from the arm of the U.S. Dept. of Homeland Security which warned about Diebold's hackable machines prior to last November's election. That's good. Without noise and vigilance from the citizenry, the story of what has happened and continues to happen to our Electoral System in this country will be drowned out by those who have an interest in the system remaining as is...and real democracy in America will drown along with it.

    It is up to you to make sure that something is done now about what DIEB-THROAT described as "one of the greatest threats democracy has ever known." Here's a link you can use right away to alert your Congressional Representatives (both Dem and Rep!) about the problem, and ask them to support at least one piece of legislation --- Rep. Rush Holt's HR 550 --- that attempts to deal with at least some of the problems in the current disastrous system. Holt's bill has over 100 co-sponsors now, including some Republicans as we understand, and thus it has the best chance of seeing the light of day in Congress at this time. It's worth supporting.

    Several Mainstream Media organizations have contacted me since publishing Thursday's story to get more info and/or interviews with DIEB-THROAT. I've done everything I can to accommodate them, and hopefully we'll be seeing more on this story soon. Then again, I was also contacted by many MSM'ers after I broke the amazing Clint Curtis story, and we're still waiting for those exposes to appear in the MSM. So we'll see what happens. Don't wait for them! Make noise yourself right now!

    Amongst the notable noise out there on the net was this coverage by Mako Yamakura at the Detroit News and Free Press weblog site. Yamakura does a fine job of explaining --- in laymen's terms --- the significance of the US-CERT Cyber Alert discussed in my original article.

    Over at BlackBoxVoting.org where the backdoor vulnerability to Diebold's central tabulation software was originally discovered more than a year ago, there is a thread discussing our article, its ramifications and a great deal of additional information along with both kudos and critiques for yours truly. To be frank, I was a bit surprised there wasn't more appreciation for the story originally over there, since it provided independent corroboration to so much of what they've been trying to get folks to pay attention to for so long. Nonethess, I'm glad that folks are talking about it.

    A few of the notable links found via BBV's thread would include:

  • Internal email purported to be from a Diebold support tech in 2001 asking about the security flaw in the GEMS tabulation software. And the lead technician who then acknowledges the problem in detail in return.
  • Rep. Dennis Kucinich's webpage quoting from the Diebold Employee manual, encouraging them to lie about ballot integrity issues in Diebold's election system. (Along with more links, to more internal emails).
  • Oh, and for the technically minded, you can download Diebold's GEMS Central Tabulator software right here and use the step-by-step instructions to hack it yourself!
  • I'm also reminded that you can watch Howard Dean hack the Diebold GEMS Central Tabulator in 90 seconds in a video clip from CNBC's Topic A with Tina Brown where Dean guest-hosted with BBV's Bev Harris as his guest.

    That demonstration is also used in the short Special Edition of the Votergate documentary film still in production by our friend Russ Michaels. If you haven't seen this version of his film, released to the net prior to last November's Election, you're in for an eye-opener! Go watch it!

    Also, McCamy Taylor was moved enough by our article to do up a quickie cartoon strip on DIEB-THROAT over at the Grand Theft Election Ohio website.

    Lastly, for those folks who are just now waking up to unaccountable, unverifiable, untransparent privatization of America's elections by Diebold (the Halliburton of the Voting World) and others, I would recommend you:

  • a) Watch this video reminder of last November's Illegitimate Election as compiled in part by BRAD BLOG's own David Edwards.
  • And b) read the remarkable story of Clint Curtis about which I've been reporting since last December. Curtis, a Republican, claims to have been asked by Congressman Tom Feeney (R-FL) to create a Vote-Rigging Software Prototype in 2000. He has signed a sworn affidavit, given sworn Congressional testimony, and passed a polygraph test about all of that since then. Tom Feeney, notably, has not.
  • Wanna Do Something About All of This?

    Other than linking to our DIEB-THROAT article, emailing it around, and writing letters to the editor at your local newspaper about both that story and other reasons to be greatly concerned about what has happened to America's Electoral System, you can help light a fire under some Congressional feet! Both Dems and Reps! They must get to work and pass some legislation that begins to deal with this incredible threat to our Democracy! VelvetRevolution.us has made it easy to SEND A LETTER TO YOUR CONGRESSIONAL REPRESENTATIVES demanding that they support Congressman Rush Holt's "Voter Confidence and Increased Accessibility Act" (H.R. 550). Click here now to do it! It'll just take a minute of your time! And thanks for giving a damn!

    P.S. I'll be on Pacifica's Sunday Monitor program out of KPFT 90.1 FM in Houston to discuss all of this today (Sunday, natch) at 4:15p PT if you want to listen in...

    P.P.S. Arianna has asked me for a piece on this as well for Huffington Post which I hope will be posted soon over there is now posted here!




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