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GOP Rep's incompetent attorneys won't contest mistabulated race...
By Brad Friedman on 11/20/2012 10:28am PT  

In what UPI's Gabrielle Levy describes as a "passive-aggressive" Facebook post, Republican Rep. Allen West conceded to his Democratic challenger, Patrick Murphy, in FL's 18th Congressional District this morning.

Here's the first part of West's post...

For two weeks since Election Day, we have been working to ensure every vote is counted accurately and fairly. We have made progress towards that goal, thanks to the dedication of our supporters and their unrelenting efforts to protect the integrity of the democratic process. While many questions remain unanswered, today I am announcing that I will take no further action to contest the outcome of this election.

While there are certainly still inaccuracies in the results, and the actions of the St. Lucie County and Palm Beach County Supervisors of Elections rightly raise questions in my mind and for many voters, after much analysis and this past weekend's recount in St. Lucie County, our legal team does not believe there are enough over-counted, undercounted or fraudulent votes to change the outcome of the election.

While a contest of the election results might have changed the vote totals, we do not have evidence that the outcome would change. Given the extremely high evidentiary hurdles involved in a successful challenge, I will not ask my generous supporters to help fund a drawn-out, expensive legal effort with little chance of success. Therefore, we will not contest the certification or challenge the seating of Congressman-elect Murphy.

Serving the people in the House of Representatives has been among the highest honors of my life, but this seat does not belong to me, or for that matter, to any individual. It belongs to the people.

I want to congratulate my opponent, Patrick Murphy, as the new Congressman from the 18th Congressional District. I pray he will serve his constituents with honor and integrity, and put the interests of our nation before his own.

With West's concession, however, there are still a few points to keep in mind moving forward...

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Republican West gains 500 votes after memory card 'issue' on Diebold op-scan systems prompts partial re-tally in St. Lucie County
West and supporters cry foul, charge election being 'stolen'...
By Brad Friedman on 11/12/2012 12:34pm PT  

On Sunday, election officials in St. Lucie County, Florida re-tallied votes from the last three days of Early Voting, citing what county officials described cryptically as "an issue with the memory cards that record the ballots when they're fed through the machines originally."

Among the races which saw a partial re-tally of paper ballots, as they were sent through the same optical-scan systems which scanned them the first time, was the contentious and very close U.S. House race in Florida's new 18th Congressional district. As The BRAD BLOG reported in detail late last week, Democratic candidate Patrick Murphy was said to have been leading Republican Rep. Allen West in the race by a very slim margin --- just .78% at the time --- after initial Election Day tallies in all three counties which comprise the new district. The extreme and often extremely controversial, far Rightwing West currently represents Florida's 22nd District, but is now running in the new, redistricted 18th.

Following Sunday's re-tally, both candidates reportedly lost votes. West lost 132 votes while Murphy lost an extraordinary 667, for an overall pickup by West of some 535 votes.

On Friday, Murphy was said to have been leading West --- whose attorneys have already been in court, unsuccessfully demanding that voting systems and paper ballots be immediately impounded --- by just 2,456 votes out of approximately 318,000 tallied at the time.

After Sunday's partial re-tally, Murphy is still said to be leading West, according to the Florida Division of Elections website, but by just 1,907 votes. The current .58% margin of difference puts West just barely outside of the .5% margin that would trigger an automatic "recount" (albeit by the same faulty machines) in the state of Florida.

In our report on Friday, supporting West's demand for a hand-count of all paper ballots in the race, we detailed the three different electronic tabulation systems used in each of the counties --- St. Lucie, Martin and Palm Beach --- which now comprise FL-18, and how each of those systems have a long track record for failure during elections, mistallies and the ability to be easily manipulated by both hackers and election insiders alike.

Following the partial re-tally on Sunday, West's attorneys and supporters were predictably outraged and claiming, without presenting any actual evidence to support them, that "liberals" and/or St. Lucie's Supervisor of Elections Gertrude Walker, a Democrat, was attempting to "steal" the race...

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Tea Party-backed Repub reportedly trails challenger Murphy by less than 2,500 votes as tallied by FL's flawed, failed voting systems
UPDATE: Court denies West's motion to impound, though he still may file for contest, hand-count, after election is certified by state...
By Brad Friedman on 11/9/2012 6:05am PT  

On Election Night, Democrats and progressives celebrated the reported defeat of far Rightwing Tea Party-backed Rep. Allen West (R-FL22) by his Democratic challenger Patrick Murphy in Florida's newly redistricted 18th Congressional district in Eastern Florida.

With precinct votes unofficially tabulated in the three counties which comprise the new Democratic-leaning district --- Martin, St. Lucie and part of Palm Beach --- Murphy reportedly leads West by 2,456 votes out of 318,200 electronically tallied to date. That number does not include what West's campaign manager describes as "tens of thousands of absentee ballots to be counted in Palm Beach County and potential provisional ballots across the district."

Nonetheless, Murphy has declared victory, which carries no particular legal weight, while West has filed legal documents in St. Lucie and Palm Beach calling for the impounding of voting systems, paper ballots and a hand-count of those ballots.

West may be a far Right extremist. A fair amount of evidence even suggests that West may be certifiably insane. But, even far right, possibly insane candidates, and especially their supporters, deserve to have their votes counted in a way that they can know, for certain, that they either won or lost an election.

Given the oft-failed, easily-manipulated, unoverseeable electronic voting and tabulation systems --- each with a long and well-documented record of failure and miscounts --- used in the three counties that make up Florida's new 18th district (as well as the rest of the state of Florida, and the rest of the 50 states for that matter), West and his supporters have every reason to demand a public, 100% hand-count of paper ballots before conceding defeat. Particularly in an election with such a slim margin, as reported by the flawed electronic systems, said to stand between the two candidates...

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Sequoia touch-screen systems, found vulnerable to failure and undetectable manipulation, to be used again in 13 states...
By Brad Friedman on 10/26/2012 2:47pm PT  

President Barack Obama may have voted for Mitt Romney yesterday when he cast his Early Vote at the Martin Luther King Community Center in Chicago's 4th Ward. Nobody knows for sure. Even him.

He cast his vote on a 100% unverifiable touch-screen e-voting system made by Sequoia Voting Systems (which is now owned by a Canadian firm named Dominion Voting.) It is scientifically impossible to ever know if his vote was recorded accurately, as per his itent, or not on that type of voting system.

"I can't tell you who I voted for," the President joked, as noted by our colleague Mark Crispin Miller in a short blog item today wryly headlined "Obama votes for Romney". The President's joke may not have been nearly as funny as he had intended it.

We confirmed with the Chicago Board of Elections that Early Voters in the Windy City must do so on the oft-failed, incredibly-vulnerable, and easily-hacked (see below for details) Sequoia AVC Edge touch-screen voting system which is still used according to VerifiedVoting.org's database for Early, Disabled-Accessible or Standard polling place voting in some 234 jurisdictions across all or part of some 13 states, including Arizona, California, Colorado, Florida, Illinois, Louisiana, Missouri, New Jersey, Nevada, Pennsylvania, Virginia, Washington and Wisconsin.

On Election Day, the Board's Communication Director told The BRAD BLOG, voters are allowed to vote on their choice of either paper ballots (also tallied by Sequoia's incredibly faulty computer tabulators --- the same ones which announced losing candidates as "winners" in 3 different elections in Palm Beach County, FL earlier this year) or Sequoia's 100% unverifiable AVC Edge touch-screens.

The Intellectual Property of those Sequoia systems is still a proprietary trade secret owned by a Venezuelan firm named Smartmatic, which has been tied to the country's long-time President Hugo Chavez. That point was lied about by Sequoia's then CEO Jack Blaine when he was asked directly about it by a Chicago Alderman some years ago, as The BRAD BLOG detailed exclusively back in 2008.

Sequoia has since been purchased by the Canadian firm Dominion Voting, which also subsequently lied about the company's Intellectual Property being owned by the Chavez-tied company when they announced their takeover of Sequoia in 2010. Dominion confirmed as much when we called them on it after their announcement. And, yes, we are still the only ones to have reported that as well.

A few other quick points of note which should deeply concern every voter in the nation --- of any party, or none at all --- about the 100% unverifiable Sequoia touch-screen voting systems that the President foolishly entrusted yesterday to accurately record his vote...

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A few questions for the popular pundit that may help better educate both him and the nation's electorate...
By Brad Friedman on 10/21/2012 12:56pm PT  

This morning, NBC News' top election expert, Chuck Todd, tweeted the following...

Todd was responding, no doubt, to the many folks who have been justifiably concerned of late, since it was discovered that a bunch of Bain Capital investors, led by Mitt Romney's son Tagg, via a company called H.I.G. Capital (believed to stand for Hart Intercivic Group) took over control of Hart Intercivic, the nation's third largest voting machine company, in 2011.

The Austin-based Hart company, according to VerifiedVoting.org's database, supplies electronic voting machines and paper ballot tabulators that will be used to tally votes in the Presidential Election this year in all or parts of California, Colorado, Hawaii, Illinois, Indiana, Kentucky, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia and Washington.

I offered my point of view about those concerns earlier this month, explaining that it was not just the private ownership of Hart's machines by Romney backers which voters should be concerned about, but the private ownership of the similar systems in all fifty states that will once again be used to tabulate the results of this year's Presidential Election with little --- and very often zero --- possibility of oversight by the public or even by election officials.

Todd does an extraordinary disservice to the electorate with Tweets like the one above, and I'd be happy to come on his daily MSNBC show any time to explain why, as I have told him via Twitter in response to the above.

As Todd has not responded in kind, and to expand upon my response to Todd there, I'd like to ask him these few respectful questions...

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By Brad Friedman on 10/12/2012 2:15pm PT  

Late last month, Gerry Bello and Bob Fitrakis at FreePress.org broke the story of the Mitt Romney/Bain Capital investment team involved in H.I.G. Capital which, in July of 2011, completed a "strategic investment" to take over a fair share of the Austin-based e-voting machine company Hart Intercivic.

"Several tanker trucks full of political ink have been spilled on Mitt Romney's tenure as a vulture capitalist at Bain Capital," Bello and Fitrakis wrote. "A more important story, however, is the fact that Bain alumni, now raising big money as Romney bundlers are also in the electronic voting machine business. This appears to be a repeat of the infamous former CEO of Diebold Wally O'Dell, who raised money for Bush while his company supplied voting machines and election management software in the 2004 election."

Lee Fang at The Nation recently confirmed the FreePress reporting in a story of his own on the "crony capitalism" of Tagg Romney, whose father's money and high-profile connections present a number of troubling corporate conflicts of interest should Mitt Romney become President. The Daily Dolt also followed up with a very well-documented article on the H.I.G. group, their connections to Bain, and their takeover of Hart Intercivic.

Hart's announcement of the deal describes H.I.G.'s role as as "co-investors", though the financial services firm which brokered the deal described it in their own announcement as a full-fledged acquisition: "Hart Intercivic was acquired by HIG Capital late last week. The deal caps off a 2+ year relationship with Hart! Congrats to both Hart and the HIG team….its going to be a great partnership!"

Also this week, in a video that has gone a bit viral, The David Pakman Show expressed understandable concerns about Romney's close business partners having this type of corporate control over a large e-voting company whose, extremely vulnerable and insecure [PDF] --- and often 100% unverifiable --- voting and tabulation systems are now used, according to VerifiedVoting.org's database, in all or parts of California, Colorado, Hawaii, Illinois, Indiana, Kentucky, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia and Washington. [Pakman's video is embedded below.]

When the story initially broke, I spoke about it on the radio with Fitrakis, but didn't comment on it at The BRAD BLOG for a number of reasons. One being the time we've been spending, during the same period, consumed by the continuing breaking story of the RNC/Romney consultant Nathan Sproul and his companies at the center of the national GOP Voter Registration Fraud Scandal which we've been covering in detail since it first broke several weeks ago. Secondly, and not to downplay this story, because it's a very good and important one, the fact is that, though the names of the corporate titans and companies are different, it is essentially the same story that we have been telling here, over and over again --- and warning about with hair afire --- at The BRAD BLOG for nearly a decade.

Moreover, I've been on the road all this week for a conference, with much less time online than usual. But since so many folks have picked up on the Romney/Bain/H.I.G./Hart Intercivic stories and have sent email and Twitter queries to me about it, allow me to very quickly share a few thoughts, on this, some of which I sent to a reporter who also raised this issue with me late this week...

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'The Art of the Steal'...
By Brad Friedman on 10/6/2012 12:18pm PT  

I was first interviewed by Anastasia Churkina of RT America, the English language Russian-sponsored cable and satellite news outlet in the U.S., about the failed e-voting systems in this country (and the failed U.S. corporate media as well) back before the 2008 election.

Here we are, four years later, and Churkina has put together another report or RT, for which I was interviewed again, on the same e-voting and e-tabulation concerns. Four years later and things are arguably no better in the U.S. than they were then, except that now we all know even more about the dangers of the oft-failed, easily-manipulated systems which tally votes in all 50 states --- while still having done almost nothing about it. Her new report ran Friday on RT, and afterwards I was interviewed live, via Skype, about it on their Evening News program.

As I noted earlier this week, when running CBS4 Miami's excellent first-in-a-series investigative report on the issue, focus on the serious concerns about computer tabulation failure and malfeasance have been largely lost this year, once again, amidst the continuing (and necessary) focus on rampant GOP voter suppression efforts. So it's nice to see at least a few outlets keeping their eye on this particular ball, even if it always comes way too late --- just weeks before the election --- to do much about it, other than to raise a bit of needed awareness.

Here's Churkina's very good pre-taped RT special report...

And here's my subsequent live interview following it, on the RT Evening News with anchor Kristine Frazao. Appropriately, a few computer issues, at a key moment, made the interview a bit more difficult, if instructive...

* * *

P.S. For those who may have noticed, yes, I was also interviewed by (gasp!) Fox "News" this week on the latest in the GOP Voter Registration Fraud Scandal. The interview, by their "voter fraud" reporter Eric Shawn, was pre-taped and then parts of it were used first on Special Report with Bret Baier Thursday night, and then a longer portion on one of their afternoon shows on Friday in a separate package. I hope to share both of those videos with you, and, knowing me, a few thoughts on them as well --- as soon as I can get to 'em...

* * *
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Veteran FL election official, Ion Sancho warns: 'It is wrong to assume that the machines are always right. They’re not'...
By Brad Friedman on 10/5/2012 1:23pm PT  

Lost in all of the front-end voter suppression and voter registration fraud news over the past many months this cycle, is the continuing "back-end" threat to Election Integrity still very much present in our unoverseeable, easily-manipulated, oft-failed electronic voting systems --- both touch-screen and paper ballot optical-scan systems.

Helping to balance that, if only a bit this week, we get some excellent investigative local TV news reporting from Miami's Michele Gillen and her CBS4 Investigative team. They have noticed that we still have a very serious problem with the privatization of our supposedly-public electoral system, which now employes proprietary computer systems from private companies to determine the results of our elections...

From the printed version of the above report...

MIAMI (CBS4) – Ion Sancho is a man on a mission. Just weeks from the presidential election, one of the most veteran election supervisors in the state of Florida, thinks there’s plenty for him and his colleagues to lose sleep over.

What keeps him awake at night? Whether you can trust the machine you will be voting on.

“We still have not secured the process to ensure that that machine has read that ballot correctly and it is 100 percent accurate. Because it is wrong to assume that the machines are always right. They’re not, ” Sancho tells CBS4 Chief Investigator Michele Gillen.

“I think the citizens should be screaming from the rooftops,” he punctuates with the candor and directness he is known for.

The legendary Ion Sancho, quoted above, is Leon County, FL's long-time Supervisor of Elections, so trusted by both parties that he was named to oversee the (eventually aborted) 2000 Presidential Election recount in the Sunshine State. He was also the first election official in the nation to allow an independent hack test of an electronic voting system. That test resulted in the stunning hack of a Diebold optical-scan system as seen in the shocking climactic scene of HBO's Emmy-nominated 2006 documentary Hacking Democracy.

Despite that very public hack, almost seven years ago, the very same machines are still in use in dozens of states. All the rest use computers that are virtually identical, and as easily manipulated and as often malfunctioning.

Sancho goes on, in the report above, to give today's Florida election system a grade of "F. F. F." He's being kind though.

CBS4's report goes on to add that "other Florida election supervisors" that they have met with to date have similarly stressed that "they are uncomfortable that they must rely so heavily on the machine’s manufacturers for answers as to what’s working…. and potentially not working… in their voting systems."

Sound familiar?

Just go read the rest and/or watch the video report above from CBS4's Michele Gillen, please.

We spoke earlier this week to the producer of the CBS4 investigative series, and she promises The BRAD BLOG there will be regular, new installments in the series between now and Election Day, including what she described to us as a "very big" story in the weeks ahead.

* * *
Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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Top state officials claiming voter purge needed to deter fraud, seemingly disinterested in actual fraud by Romney-tied firm
Susan Bucher offers exclusive new details on disturbing GOP election scheme...
By Brad Friedman on 9/27/2012 5:35am PT  

Given the rampage that state officials in Florida have been on over the past year to purge voter rolls of illegal, supposedly "non-citizen" voter registrations in the state, and the draconian restrictions they've attempted to place on third-party voter registration workers and organizations, in a supposed attempt to curb voter registration fraud, you'd think they'd be all over this week's revelations of at least 100 apparently fraudulent registration forms turned in by a third-party voter registration organization in Palm Beach County.

If you think that, however, you'd be wrong. At least that's the indication that Palm Beach County Supervisor of Election Susan Bucher gave me on Wednesday when I interviewed her on KPFK/Pacifica Radio's BradCast concerning the fraudulent registration applications turned in to her office by a firm hired by the Florida state GOP at the request of the Republican National Committee. [My full interview is posted at the end of this article.]

"I haven't heard from anybody --- the Assistant Secretary [of State] or the Secretary [of State] --- and, ya know, we've had a couple of days and I know they have other things on their plate, but I would think this would be a front-burner issue as well," she told me.

Bucher had informed the office of Ken Detzner, Republican Gov. Rick Scott's hand-picked Secretary of State, about the fraudulent registration forms --- featuring "similarities in the signatures and certain characteristics in the applications that were very disturbing," as she described them to me --- on Monday morning "in an effort to inform them prior to my meeting with the State Attorney."

"I called on Monday morning and left both my office and my cell phone and I've yet to hear from that office," she said during our Wednesday, 6pm ET interview a full three days later.

She explained that there is no longer anyone heading up the State Division of Elections. "We're not real clear [why], but they're not there anymore," she said. "They left right before the Primary election and that position has remained open. But the contact person that we were supposed to have is the Assistant Secretary [of State]. I left him a message on Monday morning and the phone call was never returned. I haven't heard from them yet."

Bucher noted, however, that the state has just given her office 14 more names of "suspected non-citizen" voters that she is supposed to contact with a letter telling them that they must prove their citizenship within 30 days or be removed from the rolls 30 days later.

As The BRAD BLOG covered in great detail earlier this year, Scott and Detzner's initial purported attempt to purge the rolls of thousands of "suspected non-citizens" resulted in no more than 9 who we were able to verify, out of some 11.4 million registered voters in the Sunshine State. None of those 9, we also discovered during our investigation, had actually ever cast a ballot.

"It does not appear that we're going to be able to get to this [new] list and do anything with these voters until after the November 6th election based on the days that we have left," she explained. And yet, the state Republican officials seemed to show little concern about more than 100 cases of demonstrably fraudulent registration forms turned into her office.

Perhaps that's because they were turned in by Strategic Allied Consulting, the shady firm hired by the Republican Party of Florida (RPOF), operating in a number of key battleground states, and owned by Mitt Romney's paid political consultant Nathan Sproul, a man with a long history of allegedly destroying and defrauding Democratic registration forms in election after election, in state after state, year after year, as we explained in our detailed Tuesday morning report describing the latest FL GOP Voter Registration Fraud Scandal as it first broke...

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Similarly failed systems set for use in all 50 states this November...
By Ernest A. Canning on 8/17/2012 11:33am PT  

By Ernest A. Canning and Brad Friedman

We now have yet another ominous sign of trouble that may be on the horizon for this November's election. As if we needed yet another sign. And, once again, the concerns come via failures on paper ballot-based optical-scan computer tally systems.

Election officials in Genessee County, Michigan have acknowledged failures by the county's M-100 model optical-scan system, made by Election Systems and Software, Inc. (ES&S), during its Aug. 7 primary.

According to the county's Supervisor of Elections and Vital Records, Doreen D. Fulcher, the system experienced paper jams that resulted in ballots being fed through the system more than once. Fulcher, who also noted that there were a "number of ballots cast" that "didn't initially match poll book numbers," downplayed the scope of the problem. Flint's MLive, however, reported that the County Board of Canvassers were "still unraveling" the problem ten days after the election.

It is not the first time the M-100, set to be used in 32 different states again this November, has caused headaches for election officials and voters. The systems have a documented record of failing to count the same ballots the same way twice during pre-election testing. Nor is it the only optical-scan system made by ES&S, the largest e-voting vendor in the nation, that has failed time and again during elections.

As The BRAD BLOG previously reported, ballots obtained by the New York Daily News through a public records request revealed that ES&S op-scan systems used in a South Bronx precinct in 2010 failed to count some 70% of the paper ballots correctly in that year's primary election. In November's general election that year, some 54% of the ballots were mistallied at the same precinct.

The South Bronx used the newer ES&S model DS200, which the company confirmed could overheat, causing anywhere from 30% to 70% of the votes scanned by the machines to be erroneously discarded or erroneously counted. Thus, in the case of New York, that meant that tens of thousands of perfectly valid votes went uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid.

The confirmation of the New York failure came almost two years after the election, once the newspaper was finally able to review the paper ballots by hand, under public records laws.

While Genessee County used the earlier ES&S Model M100, as we previously reported, the unreliability of opaque optical-scan computer tallying systems are, by no means, confined to the DS200 or, for that matter, to ES&S systems. Similar systems will once again be used across the entire country this November, to tally the Presidential election and all the races below it...either accurately or not...

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Bi-partisan citizen effort to oversee completely unverified June 5th results 'illegally' blocked by Kathy Nickolaus...
By Brad Friedman on 8/13/2012 6:35am PT  

[LATE UPDATE:The recall ballots from Waukesha County have been saved from destruction, for now. Full details posted in our follow-up now here...]

One of the most notorious election officials in the nation may be mercifully retiring at the end of this year, but that hasn't stopped her from attempting to block citizens hoping to oversee the accuracy of their own elections in one of the most right-leaning counties in Wisconsin, following one of the most contentious elections of the year and certainly in state history.

Waukesha, WI County Clerk Kathy Nickolaus had, at one time, after the repeated controversies around her failed administration of several elections, promised to step aside and allow her deputy to administer the June 5th recall elections, only to reverse course weeks later. Now, clearly back in the saddle, she has notified an Election Integrity group which has organized hand-counts across the state, that she was preparing to "destroy" the paper ballots cast in the election before they can be hand-counted by the group, unless she receives a court order to do otherwise by noon today.

She had previously informed the group that she was denying them access to examine ballots on the basis that she found their request to be "overly burdensome" on her office. In her response she also added her personal opinion, for some reason, that she does not "believe the public records law should be utilized for the purpose of allowing citizens to conduct hand recounts of an election, especially one in which there was such a large quantity of votes cast."

Among reasons for concerns about the June 5th recall election results are recent failures by similar electronic tabulation systems, same-day Exit Poll results reported by all of the news networks indicating a much closer race in the contest between Gov. Scott Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, as well as discoveries that have been made by the group over the past several weeks during their examination of ballots and poll-tapes in several counties.

So far, according to group's organizer, they have been allowed to examine ballots in 10 other counties across the state, with another 15 counties already scheduled for examination in the coming weeks. In a number of those counties, the group has explained to The BRAD BLOG, hand-counted tallies "have differed, sometimes significantly, from the recorded numbers," tallied on Election Night by the computer tabulation systems.

But Nickolaus, as has been her practice during her controversial tenure, appears to be taking a different tack from many of her fellow County Clerks, by denying access to hand examinations of the ballots and, worse, she is now threatening to destroy them entirely, save for a court order and despite provisions in the state law requiring the retention of those public records for at least 60 days after the denial of the request.

Nickolaus' threat to destroy the paper ballots and other elections records, as sent to the organizers of Hand-Count Votes Now! (HCVN) coalition in a series of emails obtained by The BRAD BLOG, flies in the face of state statutes which apply to public records, according to contentions made in response to Nickolaus by the group and their legal advisers. HCVN has been working for several weeks, as have several other organizations, in their effort to count ballots by hand in each of the Badger State's 72 counties in an unprecedented statewide public records oversight project.

The effort, the groups charge, is necessary, given the lack of verification of Election Night computer tallies on systems which have reported incorrect "winners" in the past, as recently as March of this year, when the nearly-identical systems to those used in Waukesha named a number of losing candidates to be the "winners" in Palm Beach County, FL. In that case, it was only a partial post-election hand-count examination of paper ballots by the local Supervisor of Elections which revealed that the computers had gotten the results entirely wrong, leading to a complete hand-count and the results of several municipal elections being overturned as a result...

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What you can do in Wisconsin and elsewhere...
By Brad Friedman on 6/4/2012 3:03pm PT  

We're just back in town, with lots of catchup work to do. But with Wisconsin's Recall Elections tomorrow, here are some important actions that folks (of any party!) who care about accurate election results can do to help protect the election results.

Remember, WI mostly votes on paper ballots. Unfortunately, however, most of those paper ballots are tabulated in secret inside of computers systems similar or identical to ones which have failed time again elsewhere, as seen most recently in places like Palm Beach County, FL and New York City. In WI, there is no mandated manual examination of paper ballots after the computer tabulates them in order to make sure they were tabulated accurately. That's a very bad (and dangerous) system.

In Palm Beach, several candidates incorrectly declared to be the "winners" by the Sequoia Voting Systems optical-scan tabulation computers in a March election this year had, in fact, been the losers of their races. The failure was discovered during a manual post-election spot-check of a tiny percentage of the paper ballots. WI does no such post-election spot-check of ballots to test the accuracy of their computer systems. Only a full hand-count of all the paper ballots in the Palm Beach elections revealed the correct winners. The identical tabulation system are used in WI's very Republican-leaning Waukesha County, as well as elsewhere in the state.

In New York City, it took nearly two years, but finally last month, ES&S, the company which manufacturers the paper-ballot optical scanners now used there, admitted that it was a flaw in their scanners which led to thousands of votes going uncounted during the 2010 elections. The company admitted to the system failure after the New York Daily News confirmed an error rate of 70% during the primary election and 54% in the general election in just one precinct in the South Bronx after a public records request and hand-count of the paper ballots. Those same flawed systems, the ES&S model DS200 paper-ballot op-scan system, are used in much of Lincoln, Portage and Wood Counties in WI.

There are many other systems used across the Badger State which have similarly failed in election after election. As always, "Democracy's Gold Standard" is a full public hand-count of ballots by actual human beings on election night, at the precinct, in front of all parties and video cameras, with results posted right there before ballots are moved anywhere. Unfortunately, that is rarely, if ever, done in Wisconsin. So it's up to you to try and help ensure the results on Tuesday are as accurate as possible, at least until those paper ballots are actually hand-counted and confirmed to have been tabulated accurately --- if they ever are.

To that end, here's a few things you can do tomorrow in Wisconsin (and one thing you can do even if you're not in Wisconsin), to help cover at least a few of the bases where computer tabulation systems can either be gamed or might simply malfunction to report inaccurate results...

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Similar systems used by millions of voters in majority of states also found to have failed as 2012 Presidential election looms...
By Brad Friedman on 5/14/2012 6:51pm PT  

New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

You know those new electronic vote-scanning machines that are supposed to be foolproof in reading and counting every ballot in an election? Well, they're anything but foolproof.

In fact, they can screw up voter tallies to a fare-thee-well even after technicians carefully calibrate and test them.

So state and city election officials have discovered, along with the machine's manufacturer, thanks to insistent prodding by this page.

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

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Need-to-know info, one week before WI's historic recall primaries...
By Brad Friedman on 4/30/2012 5:10pm PT  

There have been a few pieces of noteworthy news out of Wisconsin over the last few days in advance of their recall election primaries on May 8th (one week from Tuesday) and the recall general elections on June 5th. Some is largely positive for fans of democracy, but some of it, however, is both puzzling and a bit disturbing.

In the upcoming contests, Republican Gov. Scott Walker, his Lt. Gov. Rebecca Kleefisch and the seats of four Republican state Senators will all face a referendum by the citizenry at the ballot box. The historic elections come more than a year after the GOP took over all branches of state government during the 2010 wave election before proceeding to release the Kraken spark a popular uprising through the tyranny of Big Government removal of a number of citizen rights --- such as collective-bargaining and voting --- along with the heavy-handed implementation of a number of other extreme Rightwing policies.

Here's are several of those late developments --- not concerning the horse races, but concerning the actual track conditions for those races...

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Procedural changes largely cosmetic as greater concerns about accuracy of unverified computer-tallies loom...
By Brad Friedman on 4/21/2012 7:05am PT  

Several weeks ago we told you that Kathy Nickolaus, the controversial and oft-failed County Clerk of Waukesha County, WI, was stepping aside for the state's upcoming recall primary and general elections on May 8 and June 5.

The news that she would not be performing her usual election administration duties came on the heels of yet another embarrassing debacle in the state's most Republican county during their April 3rd Presidential Primary.

Nickolaus' decision to temporarily hand over her duties to Waukesha's Deputy Clerk Kelly Yaeger for the two recall elections was prompted after calls for her resignation by the chair of the County Executive Board as well as local newspapers. The most recent mess was said to have been caused by a failure of her computer system to upload computer-reported elections results of county municipalities until 6am on the morning following that election.

Shortly after the latest mess, during an interview while we were guest hosting the Mike Malloy Show on April 6th, election integrity expert John Washburn of Wisconsin Fair Elections explained to us that Yaeger had been both hired and trained by Nickolaus herself.

The temporary replacement by her Deputy offered little comfort for Washburn. Prompted by recent disturbing news that elections run on electronic tabulation systems identical to those used in Waukesha County had recently been found to have named several losing candidates as "winners" in elections in a different state, Washburn, a Republican, suggested he had little basis for confidence in whatever reported results might come out of the state's most Republican-leaning county in the upcoming recalls.

It appears that Washburn is not alone. Late Friday, it was reported that a number of the municipalities in Waukesha will be bypassing the County Clerk's office entirely by first sending their election night results straight to the Government Accountability Board (G.A.B.), the state's top election agency. But it may be new concerns about computer-tallied results in the Badger State that present even greater problems for the historic elections beginning next month in the Badger State...

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