Guest Blogged by Ernest A. Canning

[Ed Note: Winograd will be one of my guests on the nationally syndicated Mike Malloy Show, which I'll be guest hosting all this week from 6p-9p PT, 9p-Mid. ET, on Monday night. Please tune in! - BF]

On October 20, 2005 Time magazine reported that when confronted with the prospect of an FBI investigation into whether she improperly enlisted the support of the American Israel Public Affairs Committee (AIPAC), Representative Jane Harman (D-CA) left a voicemail stating that any investigation of her would be "irresponsible, laughable and scurrilous."

Yet, as reported by Jeff Stein of CQ Politics on April 19, 2009, Harman “was overheard on a 2005 National Security Agency wiretap telling a suspected Israeli agent that she would lobby the Justice Department to reduce espionage-related charges against two former [AIPAC] officials. “In return, the Israeli agent pledged to help lobby for Harman to become chairwoman of the House Intelligence Committee,” Stein reported.

According to Tim Rutten in the LA Times on April 22, 2009, however, "Harman denies any inappropriate actions, let alone a quid pro quo, and Tuesday sent an angry letter to Atty. Gen. Eric H. Holder Jr. demanding that the full transcripts be released." Rutten, who described it as a "faux scandal," points out that Harman neither "intervened on behalf of the lobbyists" nor became chairwoman of the House Intelligence Committee.

Recently, Marcy Winograd, President of Progressive Democrats of Los Angeles (PDLA), whose 2006 campaign was covered by The BRAD BLOG, announced her intentions to challenge Harman again in the 2010 Democratic primary election. In an email response to our query asking about her intention to run again against Harman, against whom she lost in '06, and about some specific issues of interest to our readers, Winograd noted that she has been a champion of election integrity issues, taking on a Republican CA Secretary of State for his direct work with Diebold lobbyists, as well as challenging U.S. Rep Rush Holt (D-NJ) for his 2007 election reform bill because of "its institutionalization of electronic voting systems."

She also said she intends to hold President Obama "accountable, whether it be closing Guantanamo or ending military tribunals or promoting diplomacy over war," even as she notes that she was "alarmed" by the "recent news reports of Harman's quid pro quo with AIPAC," and writes: "I feel it is my responsibility to run [against Harman], to offer constituents a choice, a real choice."

Her email response follows in full below...

What's perhaps most interesting here is what isn't mentioned in this story, as written on the Los Angeles Times' "L.A. Now" blog. First, here's their entire blog item...

And what they didn't bother to mention in that story?...

[Updated with a response from L.A. County Registrar Dean Logan. See end of item for his complete email in response to this article.]

Gautum Dutta, of the Democratic-leaning Asian American Action Fund blog notes a recent L.A. County Board of Supervisors meeting which "discussed a study on the cost of special elections and Instant Runoff Voting (IRV)" [emphasis added]...

Note to Messrs. Dutta and Logan: Taxpayers could save even more money if we simply allow you two to just decide for us who gets elected!

As Logan, chief election official of the nation's largest voting jurisdiction (larger than 43 states combined see Logan's correction to this at end of article) has had more than enough problems with the current voting system which can't even add one plus one plus one accurately, such that it is virtually impossible for anybody to verify the accuracy of results, the last thing this county needs is to complicate the math even further by confusing matters with IRV's complicate scheme of ranked choice voting where voters are asked to select a first and second place choices, etc.

For that matter, unless, and until, we can simplify our election procedures such that any and all citizens are able to oversee and verify the accuracy of their election results, no jurisdiction in this country should employ schemes like IRV, no matter how well-meaning supporters of it may be in hoping to allow a broader range of candidates and parties to have a shot at winning an election.

Along with the emerging nightmares of Internet Voting and Vote-by-Mail, IRV is yet another one of the horrible wack-a-mole schemes being endlessly advanced by advocates and profiteers who put winning elections and making money off them, over the idea of transparent, verifiable, secure democracy and self-governance expressed of the people, by the people and for the people.

Addendum... From last Friday's Aspen Daily News:

Clarification & UPDATE, 8:52pm PT:...

Readers of The BRAD BLOG may remember my disturbing experience last June, while voting in the California state primary election on the audio balloting system here in Los Angeles County, as 4 out of 12 of my votes were misprinted by the lousy electronic voting system. As the ES&S InkaVote Plus system is generally meant for blind voters, it was doubly troubling that the only way I was able to discover the misprinted votes was by closely studying my computer-marked paper ballot before dropping it into the optical-scanner, where it would have disappeared, incorrectly voted, forever.

Well, it was Election Day again today in CA. And, after skipping the "opportunity" to use the audio ballot system to vote in last November's General Election (it takes too damn long, and I had very little time to vote that day), I thought I'd take it out for another spin during today's special election...

Moments ago we felt a bit of a shake for 10 to 15 seconds or more here at The BRAD BLOG World News Headquarters. The USGS puts the time at 8:39pm PT, and rates it as a magnitude 5.0...

Last year's Media Reform Conference with the theme "Have the Media Undermined Our Democracy?" at which I spoke, was pretty memorable. That one featured an FCC commissioner and then-Rep., now-Labor Secretary Hilda Solis (D-CA) on the panel. Here's some video and a transcript of my remarks last year.

This year, I've been invited back (book-keeping error, no doubt) and the focus will be on local media, though I'll likely be paraphrasing Tip O'Neill to make the case that 'all media is now local'.

This year's speakers include Domonique DiPrima, Tanya Acker, Mario Solis-March, Linda Milazzo, Anthony Samad and myself. Which one of us will be named Secretary of HUD next year? Who knows! But hey, it could happen!

If you're in the area, please stop on by and say hello!

"Local Media for Social Change: A Southern California Regional Summit", Saturday, March 21, 11:00am, Occidental College, Norris Hall of Chemistry, Los Angeles (Map/directions | Details/registration | Event flyer [PDF])

It was nearly two years ago that the L.A. Police Department, in full riot regalia, fired rubber bullets and tear gas on an otherwise peaceful May Day immigration rally in MacArthur Park. We covered the stunning "May Day Melee" fairly extensively, as it was breaking here at the time. The story, which received a bit of national coverage at the time, also brought an ensuing spate of racist commenters over to The BRAD BLOG in response, many of whom blamed the victims in appalling screeds.

So a bit of good news on that front, today. On Wednesday, the LA City Council unanimously approved a settlement of nearly $13 million to those who were injured and mistreated by the LAPD that day. The agreement covers approximately 90% of the claims --- about 300 in total --- filed against the city and the LAPD alleging misconduct by the officers. There are still a few pending claims, two in federal court and 15 in state court, according to the LA Times, from some of the journalists and others who were also injured in the melee.

The Times reports that "Council President Eric Garcetti noted that the cost of the May Day agreement was enough to hire almost 130 police officers."

Councilman Ed Reyes, who represents the MacArthur Park area, recognized the importance of trying to set things right. "This was very, very critical," he's quoted in the Times. "Now we can say we acknowledge our mistakes; we are making every effort to address the weaknesses in our process, in our implementation as a Police Department, and more importantly recognizing that the community does matter."

Much of the shocking melee was caught on tape by both television stations and citizens at the rally. Among the most striking of the coverage from citizen journalists at the time was that of Jonathan Mann, whose terrifying video we ran at the time, and post again below as a reminder of what happened.

Below that, we also rerun his personal video response to the racist comments which came pouring in following coverage of the incident...back when fears of a massive immigrant invasion of the United States were being shamefully stoked by the GOP in hopes of political gain. Funny how the immigration "crisis" in America seems to have just disappeared at some point...

We've got two shameful situations with early and absentee voting. Well, there are many more, no doubt, but for purposes of this article, we'll focus on the outrage in D.C., where thousands of voters are not receiving their absentee ballots, so they're being forced to go vote at county headquarters. And out here in Los Angeles, the world's largest voting jurisdiction, with just one, single early voting location.

News on both of those scandals --- and the response we received from our inquiry about the L.A. situation from L.A. County Registrar Dean Logan --- follow below...

I'll be jumping in again today (Wed.) to host KPFK/Pacifica's "Special Election Year Coverage" hour from 2p-3p PT (5p-6p ET).

My guests will be...

• PHIL LINDSEY of ShowMeTheVote.org to discuss the latest in the case of his arrest while trying to vote last week during Missouri's state primary, and
• DEAN LOGAN, L.A. County's Registrar of Voters, to discuss concerns about the polls here in November, as well as what happened to cause my own votes to be flipped by the voting system during last June's state primary election.

KPFK is heard at 90.7FM in Los Angeles and 98.7FM in Santa Barbara and streams live on the net at KPFK.org. Please tune in, stream in, and call-in at 818-985-5735, if you like.

Post-Show Update: Thanks to both Phil Lindsey and Dean Logan for joining me today. It was a very good and informative hour, if I say so myself. So informative, in fact, that someone called in to complain after the show that I wasn't tough enough on Logan. Okay. You can decide for yourself if I was, or wasn't, or if he even deserved it this time out. The archive follows. I appreciate that he showed up and took questions. We've got to work with election officials, folks. Period. Even as we hold feet to the fire.

(Appx. 1 hour) MP3 Download or listen online here...

-- Brad Friedman

I had the opportunity to ask an important question of both the legendary Leon County (Tallahassee), FL, Supervisor of Elections, Ion Sancho, and Los Angeles County's no-longer-interim Registrar of Voters, Dean Logan, last week here in Los Angeles.

Readers of The BRAD BLOG will remember Logan from his poor showing, as acting Registrar, in the handling of L.A.'s Super Tuesday "Double Bubble" ballot debacle, in which at least 12,000 mostly-perfectly-countable votes from the Democratic Primary went completely uncounted, as well as his handling of the failure I encountered myself, in the more recent state primary in June, when four of my own votes were printed incorrectly by the county's ES&S electronic voting system.

Sancho was in town for press avails, in advance of the opening of Dorothy Fadiman's new documentary Stealing America: Vote-by-Vote (opening for week-long runs in NYC on Aug 1st, and in L.A. on Aug 15th - DISCLOSURE: I appear briefly in the film). Logan, to his credit, was kind enough to show up, with his deputy Peter McNamara, for a screening of the film held by PDA last Thursday.

After the screening, Sancho, a compelling presence in Fadiman's film, as he was in HBO's landmark 2006 documentary, Hacking Democracy, answered questions, and the activists in the crowd managed to shoehorn Logan onto the stage to speak to a number of local concerns as well.

I took the opportunity to ask a few questions of both men, as captured by Alan Breslauer, with answers, on the video posted at the end of this article.

Of most important note, I wanted to know if either of them would commit to a hand-count of ballots in a handful of precincts this November, on an experimental basis, on Election Night. The count, in such a "pilot program" as I described it, needn't be the official count, but could later be compared to the results as reported by both counties' optical-scanners, since both L.A. and Leon County use paper ballots for their non-disabled voters.

As I've advocated to a few other election officials in the past, hand-counting in this small, experimental way would help us all to begin to compile data about the effectiveness --- or even, lack thereof --- of transparent, polling-place based HCPB (Hand-Counted Paper Ballots) on Election Night, as many Election Integrity advocates have called for...

Just minutes ago, the ground gently rattled and rolled a bit here at The BRAD BLOG World News Headquarters in Los Angeles for 15 seconds or so.

Wire services, TV and radio news responded within seconds to report a sizable 5.8 (later downgraded to 5.4) magnitude quake, centered some 28 miles east of downtown.

Don't have much more to offer for the moment, but wanted to report --- particularly for those who know we're back in L.A. --- that we're fine here. While the shake was noticeable, it was either far enough or deep enough (reports now say it was 7.6 miles down) that it didn't even much rattle the cupboards where we're located near Hollywood.

More later if we're able to offer any other notable developments...

Guest Blogged by John Gideon of VotersUnite.org

Why should anyone be surprised at yesterday's decision by the Los Angeles County Board of Supervisors that Dean Logan is the best qualified to be the county's permanent Registrar of Voters? After all, failed election officials seem to be sought after by counties. Michael Vu failed miserably in Cuyahoga Co., Ohio, where he even had two employees convicted of felony election violations. San Diego Co. tripped over themselves as they rushed to hire Vu to be their assistant Registrar.

In 2004 Dean Logan was the King County (WA) Election Director. Logan was the center of a fire storm that erupted due to the close gubernatorial race. In their reporting of Logan's new promotion from acting Registrar to Registrar, the Los Angeles Daily News reports:

A year later and Dean was rescued by then LA Co Registrar Conny McCormack, who herself came to the county under the cloud of failings in her elections jobs in Texas. Conny hired Dean as her assistant. In August 2007 Conny announced her retirement and Dean was named acting Registrar later in the year.

Failures seem to follow Logan. He was in charge of the LA Co elections office when the "Double Bubble Trouble" incident took place last February on Super Tuesday, and thousands of legally cast ballots were left uncounted from the Democratic Primary. He was also in charge when our very own Brad Friedman attempted to vote on his polling place's supposedly disabled-accessible voting machine and the machine flipped four of his votes to candidates he hadn't voted for.

One has to wonder how many times someone can fail and still come up with the rewards, such as a $195,000 a year position counting votes in the most populous county in the country. Some people are truly Teflon coated. Amazing!...But not surprising.

Last week I reported in great detail that four out of the twelve votes I'd cast on my ballot on L.A. County's e-voting system, during California's state primary on June 3rd, were flipped to candidates that I hadn't voted for. The ES&S InkaVote Plus system printed my ballot incorrectly.

I was voting on the audio ballot voting system meant primarily for blind and visually-impaired voters. Had I not been able to inspect my ballot visually after it had printed --- for example, had I been blind --- I would never have known that I was about to cast votes for candidates that I had not selected.

Because the "disabled-accessible" e-voting system at my own precinct was not working, again, for the second election in a row, I was told I'd have to cast a provisional ballot on the "disabled-accessible" e-voting system at the other "precinct," in the same polling place, in the same room, as my own "precinct."

The machine had been down all day, and nobody had come out to replace or repair it, even though the county had been called early in the day and told about the problem. Last election, on Super Tuesday, the machine was also broken, and none of the poll workers would touch it, due to exposed wires.

This time, despite asking to vote in a specific party's open primary, I was given a non-partisan audio ballot to compound the fiasco when I tried to vote provisionally on the other "precinct's" e-voting system that was up and running, even though not a single voter had used it in either this, or the previous election.

The voting went smoothly enough --- even if it took 20 minutes to move through the short audio ballot, shorter than usual because it was a state primary, and because I wasn't allowed to vote in partisan races for some reason --- at least until it misprinted my selections, which I had confirmed as correct while actually moving through the audio selections.

Luckily, after noticing that the e-voting system had printed my ballot incorrectly, I was allowed to VOID that ballot, and this time chose to vote on a regular, hand-marked paper ballot instead. My hand filled in the ballot far more accurately than the computer did.

That night, I alerted officials at the CA Sec. of State's office and L.A. County's acting Registrar of Voters, Dean Logan, about the problem, and the machines and ballots in question were isolated for testing. Whether someone who wasn't a loud, muckracking journalist, specializing in issues of election integrity, would have had that kind of quick service, I can't tell you.

Logan promised the machine would be tested, and the SoS office promised to follow the testing closely.

Earlier this week, Logan sent me an update via email, with photos, on what the investigation had so far found. The problem, Logan wrote, is being attributed to the "human error" of the poll workers who, he says, entered incorrect information into the e-voting system when setting up my ballot for me to vote.

Logan's complete email, detailing the findings of the cursory investigation to date, follows below, along with my email in response to it. As you'll see, the all-too de rigueur "human error" excuse does not sit well with me...

-- Brad Friedman, The BRAD BLOG

As a fairly well-known Election Integrity journalist who has personally covered, for years, the myriad election woes of thousands (if not millions) of voters around the country who have tried to bring seemingly endless stories of votes flipped on e-voting systems to the attention of officials, these stories always continue to be remarkable to me, even if not to many others in the rest of the mainstream media.

It's even more troubling when one realizes that so little ever seems to be done in light of so many of these horror stories, as those very same failed systems are still deployed across the nation, with little or no modification to correct the mountains of documented problems even now, as we head towards an election likely to be of historic proportions this November.

What follows is yet another one of those stories, where a voter had vote selections flipped by the electronic voting system, such that candidates were chosen other than the ones intended to be selected by the voter, though no fault of his own.

But this time, the voter is me.

Though I've covered so many of these stories, it was nonetheless remarkable to see it happen before ones very eyes, as occurred yesterday when I voted here in Los Angeles during our very low turnout California state Primary election.

The ES&S electronic voting system that I used to try to vote on yesterday, ended up flipping a total of 4 out of the 12 contests and initiatives for which I had attempted to vote.

Right before my very eyes, the computer-printed ballot produced by the voting system I was using, incorrectly filled in bubbles for four of the races I was voting in. Had I not been incredibly careful, after the ballot was printed out, to painstakingly compare what was printed to what I actually voted for, I'd have never known my votes were being given to candidates I did not vote for.

Had I been a blind voter --- as the system I was using is largely intended for use by the disabled --- I would have cast my ballot without having a clue that a full 40% of the votes I'd tried to cast for various California Superior Court judges were flipped to other candidates...

Yes, four different selections, on my very own ballot, were flipped before my very eyes when I went to vote in yesterday's California state Primary Election.

One might think that someone might have been smart enough to make damned sure, at the very least, that the equipment where that widely-known Election Integrity muckraking journalist jerk, Brad Friedman of The BRAD BLOG goes to vote, would have been thoroughly tested and working as it was supposed to. One might think that. But if so, one would be wrong.

Full story soon...

UPDATE: Full story now posted here...