A county clerk in Colorado has finally done the right thing for the voters by removing a touch-screen voting machine from service, and quarantining it, after it was discovered to be flipping votes from one candidate to another. The failed machine in this case was a Diebold Accu-Vote, a frequent flipper.

As reported by the Colorado Independent (Hat-tip VoterAction.org)...

Long is to be lauded for being the first election official in the country so far during the general election (that we're aware of) to have taken the correct action in such a vote-flipping case. And now that Hodge's eyes are "opened" we hope that both she and her Republican opponent, Hadfield will stand up for their voters by signing the StandingForVoters.org "no concessions" pledge immediately!

Late last night VelvetRevolution.us (a non-partisan, non-profit election watchdog co-founded by The BRAD BLOG) issued a press release calling on election officials to not recalibrate systems mid-election, but rather remove and impound them, and offer voters paper ballots as needed instead. The complete press release is posted at the end of this article.

Colorado has a troubling history with electronic voting, even as the Secretary of State found all of the state's machines to be faulty and easily hackable in late 2007, but has capitulated to pressure from election officials to allow them to be used by voters again this year anyway...

5 days until Election Day.

A deal was struck last evening in Colorado with the Secretary of State. 20,000 voters who were illegally purged from the state’s voter rolls will now be allowed to vote using provisional ballots and those ballots will get priority handling and a presumption of validity by Colorado counties.

The Reform Institute, a non-partisan public policy organization, today released a checklist to assist voters in casting their ballots. The checklist provides helpful tips for voters, especially those going to the polls for the first time, to facilitate a voting process free of complications....

9 days until Election Day.

In a stunning admission Sequoia Voting Systems has admitted to not printing and mailing over 11,000 absentee ballots to Denver, Colorado, voters. Their spokeswoman claimed they “made an unfortunate mistake.” In fact, the company had failed to notify the city of this “mistake” and when originally asked they lied and told the city they had delivered all 21,450 ballots they were supposed to print and deliver to the post office on Oct. 16. Sequoia claims they will have ballots printed and delivered to the post office by tomorrow, Monday. Voters have until election day to get those ballots marked and either back in the mail or delivered to any early polling site. Not mentioned by anyone is if any overseas voters or military are affected by this failure.

In Jefferson Co, Arkansas, voters will vote on ballots that don’t have some alderman races on them. The county discovered their error too late and they have now fixed it but all early voting has been done without those races being voted on by the voters. The county will just forget all of those voters and hope that none of the races are close, which would open them up for potential lawsuits....

See below for a rather breathtaking "Round-up of Problems Facing Voters Nationwide", such as registration backlogs, illegal voting roll purges, deceptive practices and dirty tricks, etc., now plaguing American voters across the country with just 17 days left before our country's biggest election ever.

All of that, while Fox "News" (whose asked me to come on live tomorrow, Sunday, at 2:40pm PT, btw, along with my old friend John Fund "for balance") continues to misreport, alarm and deceive their viewers in regard to the GOP's phony ACORN "voter fraud" fraud. Unfortunately, it's not just Fox who is irresponsibly and dangerously misreporting that scam --- though they seem to have made a small cottage industry out of it of late --- CNN and MSNBC have been filed loads of equally inaccurate and misleading reports on it as well.

But take a look at the "Round-up" below, sent this afternoon via email by the 866ourvote.org Election Protection coalition of non-partisan election watchdogs. And keep in mind that their summary below doesn't even mention the myriad electronic voting issues we've been reporting here of late --- touch-screen votes flipping, paper ballot electronic tabulators that can't count correctly or that add thousands of "phantom votes" or that drop thousands of real ones etc. --- cropping up, yet again, across the country...

We've been reporting on the GOP's October "Surprise" over the last few days (challenges to Democratic voter registrations in a number of states, and, perhaps more notably, their bogus PR campaign to charge that ACORN, a community organization that heroically registers millions of low-income voters who nobody else bothers to, is committing "voter fraud." See here, here and here, for example.)

But the November Surprise, as we've been trying to warn for many months (if not years), will undoubtedly be the thousands who show up to the polls to vote on November 4th, only to find out that they have somehow "fallen off" the voter rolls.

We've urged folks to check their registrations, even if they recently voted in a primary election, to make sure they haven't been purged (info on how to do that quickly in all 50 states, right here).

Late last month, CBS News reported on voter purges occurring in at least 19 states across the country, many of them swing states, naturally.

Today, the New York Times has published a scathing report, based on a detailed investigation revealing that "Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registering in ways that appear to violate federal law."

We've got to run out to host an hour of "Election Year Special Coverage" right now on KPFK/Pacifica, (guests to include filmmakers Patty Sharaf of Murder, Spies & Voting Lies: The Clint Curtis Story and John Ennis of Free For All!: One Dude's Quest for Democracy), so here are some very notable, must-read excerpts from the Times full report for the moment. So, we may have more thoughts on all of this later today, but for now, please read on!...

Why is it that some election officials in swing states have decided to discourage voting by college students? The answer seems obvious: they know how a majority of them will vote and they don’t want that.

According to our “Featured” article today one Colorado county election official sent information to one Colorado College and asked that it be promulgated to all students. The information falsely claimed that students from outside the state could not register to vote if their parents claimed them as dependents on their tax returns. When faced with the truth the official tried to claim that his office had misinterpreted state law and “mistakenly published information that was incorrect.” This same misinformation drive has also taken place in Virginia and South Carolina, amongst others...

-- Brad Friedman

Last night we offered the quick skinny on the abrupt resignation of Colorado's state Election Director, Holly Lowder, just 60 days out from what promises to be one of the largest and most important --- and potentially closest --- elections in the state's history.

We summarized some of the dizzying background on the exceptionally embarrassing and dysfunctional state of certification, decertification and recertification of e-voting systems in the Centennial State over the last two years, under current Sec. of State, Republican Mike Coffman (who is overseeing his own election for the U.S. House this November), and in previous years under two former Republican SoS' (one of whom was promoted by George W. Bush to do the same lousy job of e-vote testing for the U.S. Election Assistance Commission).

We also suggested, based on information from sources in the states, that the old euphemism about "election officials being in bed with voting vendors" may well become more than just a euphemism when the full explanation for Lowder's sudden departure became known.

And today, as we'd hinted last night, some of that information has now become known...

From Rocky Mountain News today...

AP reports that county officials were notified of Lowder's departure via email on Thursday, from the SoS office, which noted only that she had "retired and wanted to 'pursue other opportunities.'"

Sources in CO tell us there will be more coming, likely tomorrow, on this. We're also told that there may be a salacious aspect here that might just make the well-worn euphemism about "election officials being in bed with voting machine vendors," um, somewhat more than just a euphemism. (Talk about your voting machine "sleepovers"!)

[See update for more details on the above, now at bottom of article!]

Aside from the noteworthiness of Lowder's sudden exit, as pointed out in the article, in regard to the importance of Colorado in this year's elections --- the state's 9 electoral votes are thought to be very much up for grabs this year, despite going to Bush in the previous two elections --- BRAD BLOG readers will remember a bit of the background here concerning the utterly dysfunctional state of e-voting in the Centennial State under their current SoS, Mike Coffman...

Guest blogged by Jon Ponder, Pensito Review.

Operatives for the John McCain campaign expressed their displeasure at a protester who carried a sign that equated McCain with George Bush by behaving just like operatives for George Bush and having her forcibly removed and threatened with arrest.

The incident occurred outside a McCain townhall meeting in Denver on Monday when Carol Kreck was ticketed for trespassing and escorted off the sidewalk at the behest of the McCain campaign.

Her offense? She was carrying a sign that said, "McCain = Bush."

It is revelatory that McCain operatives see the sentiment expressed in Kreck's sign as an insult. If her sign had read, "McCain = Reagan," they probably would have given her a front-row seat...

-- By Brad Friedman

In a statement given to the media last week, in response to a federal fraud/false claims act qui tam suit finally unsealed last week, a representative from the defendant, voting machine company, Hart InterCivic, alleged the suit's whistleblower, William Singer, was a "disgruntled employee."

Employee "Performance Evaluation" records written by company management, included in the complaint itself, however, would seem to strongly contradict the claims of company spokesperson Pete Lichtenheld, as given to a reporter last week.

Additional claims by Lichtenheld, as reported by Kim Zetter at Wired's Threat Level blog on Thursday, are also dispelled by a document from the U.S. Dept. of Justice, obtained by The BRAD BLOG. The DoJ, after requesting and receiving extensions for two years, has finally decided against joining the federal qui tam suit, for the time being, allowing it to become unsealed last week, so that it may now move forward in federal district court.

The lawsuit, posted in full by The BRAD BLOG after it became unsealed last Thursday, details an extraordinary list of fraudulent behavior by Hart InterCivic, as related by one-time employee Singer, who alleges the company deceived Election Officials in Texas, Ohio, Colorado, and elsewhere in hopes of receiving federal monies as distributed via the Help America Vote Act of 2002.

Allegations made in the suit include stunning revelations that Hart failed to test its products properly, and frequently at all, withheld information from prospective clients about the potential loss of votes in its voting systems, dummied-up machines, reports, and test results presented to clients in sales presentations, and much more in an attempt to win state and county contracts.

Much of the response to the suit by company spokesperson Lichtenheld, however, is easily dismissed upon examination of the evidence so far available in the case...

Following on our report last Saturday of massive voting machine failures that kept voters from voting for hours in Horry County, SC, Kitty Pilgrim, on CNN's Lou Dobbs Tonight (video at left), reported yesterday on plans for SC to use the same machines again in this Saturday's Democratic primary.

At the same time, the Governor and Legislature in Colorado are finally beginning to get it, and simply override the incompetent SoS there, who can't seem to say "E-Voting machines that don't work should NOT be used in elections." So the Legislature appears ready to do it for him.

We're also happy to see the good John Bonifaz, of VoterAction.org, making an appearance to call for accountability (let's get our money back!) from the voting machine companies that have knowingly defrauded America.

And a NOTE TO KITTY PILGRIM: Your reporting keeps discussing "paperless voting machines" in reference to Direct Recording Electronic (DRE, usually touch-screen) machines that have no "paper trail." Adding "paper trails" to such machines is meaningless. They cannot be verified as reflecting the voter intent anymore than on a DRE without "paper trails."

If you stop and look carefully at your own reporting on SC last week, you'll note that the machines would not work at all until noon, as folks were scrambling to vote on scraps of paper, paper towels, etc. Had those DREs had "paper trails," they still would not have worked, and voters still would not have been able to vote on them.

References to "paperless voting machines" imply that machines with "paper trails" are somehow a solution. They are not. Only paper ballots are a solution. This is something that even Rep. Rush Holt's latest "Emergency Bill" doesn't seem to understand, incredibly enough. That bill (referenced in the CNN report above) would give money to jurisdictions to move to paper ballots, but only if they use "paperless" DREs. If they have DREs with "paper trails," however, they would not be eligible for that money under Holt's bill as written, incredibly enough.

Let's be careful what we wish for and/or report on, guys!

Richard Wolfe of USA Today, needs some new sources in his Rolodex.

In two decenti-ish and important stories today about massive failures and inaccurate voter purges in the new voter registration databases mandated by the Help America Vote Act (HAVA) of 2002, Wolfe quotes two discredited operatives:

1. U.S. Elections Assistance Commission executive director, Thomas Wilkey, the man who has failed miserably in his job of overseeing e-voting system certification on behalf of the EAC (or, more accurately, on behalf of America's voting machine companies), and
2. Our old friend, the discredited discredited (to all but the corporate mainstream media, apparently) chief GOP voter suppression operative, Mark F. "Thor" Hearne of the exposed and defunct Republican front group, "American Center for Voting Rights".

To the substance of the two stories, both running today...The first, on legal voters being tossed off voting roles all across the country, Wolfe reports:

Wolfe then goes on to close the story with a comment apologizing for the federal government's failure in all of the above, by quoting Wilkey, the federal government's man who oversaw the failures, on behalf of the EAC, on all of the above...

The Election Integrity advocate gets quoted in graf 3 of an AP story on Election Integrity. Go figure...

Nice. That, as opposed to the EI expert showing up, maybe, in the penultimate graf, only to be finally countered at the end by the voting machine company spokeshole or election official who then lies: "Everything's just fine! Our machines work great!"

What runs via AP matters, as its picked up by, um, everybody. So it's good to see them covering this issue finally, with our buddy John Gideon getting the featured prominence he deserves, in a story which will likely be widely read.

And now to be both beggar and chooser: there's a minor error or two, a couple of dubious points in the story, and, most notably, a quote or two (one from the CO SoS) that underscores the failure of AP, and the rest of the corporate media, to adequately report on this issue, at least up until now...

The death spiral for the 131 year-old company, once respectfully known as Diebold, continues, as its stock price falls to a 5-year low today, near year's end (currently $29.23/share and still sinking, from a 52-week high of $54.50/share), along with the additional news that the U.S. Department of Justice has now joined the SEC in an investigation concerning the company's "Enron-like" bookkeeping tricks...

The BRAD BLOG, of course, originally reported on the SEC's investigation into Diebold's book-keeping chicanery back in May of 2006, just a few months after our first exclusive report, based on information from a company insider we dubbed DIEB-THROAT, preceded a 20% stock-price plunge just days afterward.

At the time, back in late September 2005, the stock price plunged to a 52-week low of about $44.37/share (which we're sure they'd kill for now --- not that we wish to give them any ideas) and DIEB-THROAT told us in response to the related news: "the last time this kind of deception occurred it was called Enron."

Then came a class action securities fraud suit against the company in December 2005, as first broken by The BRAD BLOG natch, before the parallel SEC investigation first became public.

Since then, following one independent study after another after another after another, finding their electronic voting systems to be virus-prone, hackable, unreliable and inaccurate, the company finally dumped it's controversial CEO who had infamously promised in a Republican fundraising letter that he was "committed to helping Ohio deliver its electoral votes to" George W. Bush in 2004, before attempting again to fool the American public by renaming its election division "Premiere Elections Solutions" (same pig, fresh lipstick), just after stock prices plummeted again in August of this year to $47.60 as The BRAD BLOG noticed what appeared to us, and at least one financial analyst, to be possible insider trading among a number of company officials.

Prices have continued to fall ever since --- a lucky coincidence, no doubt, for those executives who just happened to unload a bunch of stock near the year's high at $53.05 - to today's 5-year low of $29.20.

Additional bad news arrived last Friday for Diebold when a new study by the state of Ohio found their systems to be easily hackable (again), with better news coming last Tuesday as the state of Colorado's own certification tests, surprisingly, gave their their machines a pass while decertifying many others. Yesterday, however, the reason for the inexplicable get-out-of-jail card they received in CO may have become a bit clearer: As it turns out, the Republican Secretary of State who oversaw the new certification testing, Mike Coffman, is running for Congress, and his campaign shares the same consultants as Diebold/Premier in the state. Go figure.

Diebold/Premiere's spokeshole, Chris Riggall told the Rocky Mountain News in response yesterday, that the company just had no idea about the extraordinary conflict of interest. But with the mission already accomplished, he announced to the paper: "Effective tonight that relationship is terminated."

With their stock-price still spiraling this morning, Diebold is quoted by Crain's Cleveland Business today as saying the company "anticipates [the DoJ] review will be completed in the first quarter of 2008" ... Though rest assured, The BRAD BLOG's review of the company won't be completed by then. Not by a long shot.

Merry Christmas, Diebold!

Colorado's Republican Secretary of State, Mike Coffman, has announced that a number of Colorado's e-voting machines have failed state certification testings, and will not be allowed for use in the 2008 election cycle. The announcements came at a news conference in Denver which completely just minutes ago.

Describing the state's testing of four major voting machine companies previously certified in the state, Coffman explained to reporters at the presser that there were "over 3000 tests on each vendor['s systems], and over 40,000 pages documenting the tests."

"This has been an extensive process," he said, after detailing several remarkable findings from each of the systems testing. For example, test results showed that paper-based optical-scan systems made by Hart InterCivic "could not accurately count ballots." While Direct Recording Electronic (DRE, usually touch-screen) systems made by ES&S, the world's largest supplier of voting systems, could be disabled by "denial of service" attacks at the polling place with a device as simple as a magnet.

"If you were to put a magnet in close proximity or inside the port," Coffman said at the press conference today, "that would, in fact, disable that particular voting machines and it would have to be literally reprogrammed...to bring in back into circulation for that election."

While virtually all of the systems tested were found to have major vulnerabilities, a number of them were "conditionally certified" for use as long as new security mitigation requirements are met. Notably, both op-scan systems and DREs made by Diebold (now known as Premier) were given conditional certification for use, despite Diebold systems having been banned in several states previously, including California, Ohio and Florida, due to a long list of critical vulnerabilities.

A summary of the decertified and conditionally certified systems follow (links to more information on each, at the end of this article):

• All voting systems made by Election Systems & Software, Inc. (ES&S), both paper-based optical-scan and DREs, were completely decertified. Their op-scan systems tested, according to Coffman, "both failed because of an inability to determine if the devices work correctly and an inability to complete the testing threshold of 10,000 ballots due to vendor programming errors." Their ubiqutous, and fatally flawed iVotronic DRE system "failed because it is easily disabled by voters activating the device interface, and the system lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Sequoia Voting Systems were conditionally certified, while their DRE systems were completely decertified for use, as they "failed due to a variety of security risk factors, including that the system is not password protected, has exposed controls potentially giving voters unauthorized access, and lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Hart Intercivic were decertified "because test results showed that they could not accurately count ballots"(!), while their DRE voting system was conditionally certified.
• And finally, both optical-scan and DRE voting systems made by Diebold/Premier were conditionally certified for use in Colorado.

Coffman's announcement comes today, months after the state had hoped to have the results available, due to sluggish participation by the voting machine companies, many of whom delayed supplying required information, such as voting system source code, as requested by the Secretary of State's office.

All of Colorado's electronic voting systems were decertified just prior to the November 2006 election when a state judge ruled, in a lawsuit brought by state voters, that testing and certification procedures for e-voting systems in the Centennial State were inadequate, largely non-existent, and in violation of state law. As the judge's decertification order came just prior to that years' elections, the systems were allowed for use, but decertified immediately thereafter. The state was forced to begin the certification process from scratch thereafter...