Miller-McCune's David Rosenfeld files a good story on the dreadful state of the hackable, insecure, error-prone machinery --- both DRE/touch-screen and paper-based optical scan --- still used across our electoral landscape in 2008.

Despite a few small-ish errors, Rosenfeld succeeds where so many before him have been unable: Properly quoting both the scientists and Election Integrity experts who know what they're talking about, while giving fair opportunity to respond from voting machine company and elected officials who are either in denial, uninformed, or simply willing to lie.

Folks like Ellen Theisen of VotersUnite.org, Bev Harris of BlackBoxVoting.org, computer scientist David Wagner of UC Berkley, and yours truly (from The BRAD BLOG) are quoted from the truth-telling side.

On the misleading and/or state of denial and/or lying side, we hear from a Diebold spokesman, and officials from both the NH and TX Secretaries of State offices.

The latters' comments --- particularly those from the SoS offices, where one would think they have a duty to both be informed and tell the truth about their voting systems (unlike Diebold, where we might expect them to continue their long, unfettered, and desperation-built reputation for lying) --- are simply stunning.

Diebold spokesperson Chris Riggall (yes, an unfortunate name for a voting machine spokesperson) offers the usual nonsense in response to all of the many independent tests around the country which have found the company's voting systems --- both paper-based and touch-screen --- to have been easily hacked in seconds. "In some cases the studies have been lacking in appropriate perspective and balance," Riggall misleads in response.

But the TX and NH SoS officials quoted were even more outrageous in their outright states of denial, and/or the ease with which they are willing to simply mislead (okay, lie to) the reporter...

From Friday's Austin Chronicle...

Singer's futile July 2004 efforts, attempting to notify the Secretaries of State in both Texas and Ohio, were originally reported in exclusive detail by The BRAD BLOG in March of 2006.

Following discussions we had with Robert F. Kennedy Jr. after our report, he and his radio co-host, Florida attorney Mike Papantonio, filed a federal qui tam whistleblower suit [PDF] on behalf of Singer.

The complaint charges fraud and other violations of the False Claims Act by Hart, including allegations the company 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 and the federal money that came with them...

-- 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...

"The most serious thing any software company can do is not fully test its products," William Singer told The BRAD BLOG this afternoon about the federal fraud case he filed nearly two years ago, which has finally been unsealed by a judge as of today.

"To release a product for important purposes that has not been tested at all is quite shocking, I would say. Especially since it indicates that nobody can predict what, when, or how it might fail," Singer explained about the e-voting systems made by Hart InterCivic, for which he worked as a technician several years ago. "It would make a mockery of any certification."

Despite having some direct involvement in the case from the beginning, The BRAD BLOG has been unable to report any details on it for going on two years --- we haven't even been able to offer the names of the plaintiff or defendant in the case --- since originally reporting that it had been filed in federal court, due to the fact that it was under seal, waiting for the U.S. Attorney General to decide whether the DoJ would join the suit or not.

Singer's suit is the fraud case which originally made waves when it was first filed two years ago, with the aid of Robert F. Kennedy, Jr., and Florida attorney Mike Papantonio, until it then went "underground" due to the legally mandated seal disallowing the plaintiff and his attorneys from offering any specific details to the public.

As AP reported today, the seal on that federal qui tam (fraud, false claims) complaint, brought on behalf of the United States by Singer against Hart, one of the big four American voting machines companies, has now been lifted, and the case may finally proceed as originally filed.

The BRAD BLOG has obtained the complete complaint and the judge's order lifting the seal...

• The full complaint may be downloaded here [PDF, 45 pages].
• The judge's order unsealing the case as of last night is here [PDF, 2 pages]

The second page of the complaint, which we are still plowing through, sets the initial grounding for the case...

Another Election Day, another Diebold election "failure" or two.

And a few other quick Election Integrity items of note as I try to get outta here today to head to Arizona where I'll be appearing next week at Q&A's for a couple of Uncounted screenings. (See the "Media Appearances" box on top-right for details, if you're in Phoenix or Tuscon, or thereabouts!)...

• In Illinois today, they are holding an election to replace Denny Hastert. On the Diebold touch-screen machines used by the hopelessly partisan Republican DuPage County Election Commission, the word "REPUBLICAN" is popping on to the screen, such that some precincts have reportedly taken to placing tape over the screen where that occurs. The DuPage board is extraordinarily slimy, hopelessly corrupt, overtly willing to break the law, have hired Republican operatives to do "PR" for them (both overtly and covertly), and have recently launched an all out effort, with the help of their corrupt friends in the local media, to to swiftboat the non-partisan citizen Election Integrity advocate citizen volunteers of the Illinois Ballot Integrity Project (IBIP).

• Nothing illegal about Republicanists dutifully following Rush's orders to cross over to the Dem side in order to vote for Hillary in the recent Ohio Primary. Or is there?

• Diebold op-scan machines cause more trouble than they're worth. Again. This time in Vermont. And perhaps to the advantage of a Democrat over a Republican for a change. Someone needs to be fired for that.

• 0 Republican votes recorded in 21 Texas counties during last week's Primaries? Yes. But here's why.

Backatcha from the road (see below if you feel like helping us with some gas money! We could much use it!)...

UPDATE FROM THE ROAD, FROM SOME MOTEL 6 SOMEWHERE... The Democratic candidate, Bill Foster has been announced as the winner of Hastert's once formidable seat (yes, pun intended.) Good. Now it's time to impound those machines and memory cards from DuPage County immediately. Both the machines that flashed "REPUBLICAN" and those that didn't need to be impounded by the AG, so they can be tested to find out what happened and why it happened.

And because the Dem candidate won, Election Integrity advocates can't be labeled as "sore losers" for taking this action immediately. Hopefully the good folks at IBIP will take swift action. Lord knows the DuPage County Election Commission won't.

ANOTHER UPDATE: Related. It looks like Foster's Democratic Primary Election opponent, John Laesch is asking for a recount of the February primary. Haven't gotten to speak to him or his camp, so not familiar with what the issues of concern are yet, but thought I'd drop a quick link here to put it on your radar. The BRAD BLOG, of course, supports any and all recount requests deemed necessary by any candidates or their supporters who feel they need to find confidence in any given election results, particularly as we currently --- and absurdly --- use so many non-transparent, wholly faith-based voting systems which have robbed the country of the ability to have the oversight needed to ensure confidence in our democratic system.

Hannity & Colmes' guest lineup tonight, there to give us the inside skinny on tomorrow's "do or die" Democratic Primaries in Ohio and Texas on "America's Election HQ"...

Yup. Rove, Coulter, Morris, and Luntz. Guess they're needed to add balance to the Democratic powerhouse that is Alan Colmes?

BRAD BLOG FLASHBACK: Long time readers may remember the guest lineup announced for H&C's 2004 Presidential Election Eve show, as we reported at the time...

We ran an email campaign back then, haranguing them to add at least something resembling balance, which they eventually did by dumping Weld and adding Terry McAuliffe. Even though the clever little liars at Fox "News" still managed to figure out how to tilt it Right anyway.

Perhaps we're missing something here?

Our friends at BuzzFlash have their top screaming headline set currently as...

...which links over to a quick report over at the Texas blog Burnt Orange Report (also good folks, as much as we know about them.)

"Ominously"?

The quick BOR article by Glenn Smith is headlined "Clinton Caucus Disruption/Vote Suppression" and appears to be at the end of a chain of increasingly panicked blog items which began with a report from Dallas Morning News, quoted as follows by Smith...

Another Election Director with the temerity to speak out with concerns about E-voting has been done away with. This time in Texas.

As Early Voting starts today in the crucial Texas Primaries, it looks like we've got yet another new martyr --- from the rare ranks of Election Officials --- who has reportedly been taken out by "the powers that be" during a fight for the ideas of Election Integrity, which he even went so far as to mention on a Houston television news report, if you can imagine such a thing.

The following details come from today's FortBendNow...

The latest e-vote mess with Texas...

So how many more such cases are we going to see in next week's elections, and more notably, in next year's elections? Hope you're ready for the meltdown to come.

In the above matter, it looks like the Travis County Clerk was more than happy to lie to the reporter so she could continue using her democracy-busting e-voting systems:

That is, of course, complete and total bullshit.

Only one disabled accessible voting device (and it needn't be a DRE) is required per polling place, as per the federal Help America Vote Act. If Texas has some state law requiring that every voter use such systems, we are unaware of it. In other words, if the reporters quote was accurate, County Clerk DeBeauvoir was lying.

It's a shame the reporter on the piece, like so many at local papers who cover this beat on rare occassions, didn't know enough to call her on it.

Good god. Hypocrisy in Texas? In the State Legislature? Whoddathunkit?!

Behold Republican TX State Rep. Debbie Riddle, who --- despite any substantive evidence to demonstrate that citizens are voting more than once in her state --- is the author of a disenfranchising Photo ID law that would do little more than keep lawfully registered voters (mostly Democratic-leaning voters) from being able to cast their votes.

When it comes to her own vote, however, and those of her colleagues in the state legislature, the rules are apparently quite different. Incredible...

Thanks to all of those who sent the link to this video to us.

And to Ms. Riddle, who has all kinds of excuses as to why her colleagues don't have time to vote --- excuses which apparently do not also apply to actual working citizens on Election Day, which also happens to be a work day --- please kindly go Cheney yourself.

Blogged by Brad Friedman from Plano, TX...

"Compassionate Conservatism" at work.

Dallas Morning News reports today that there were 2000 confirmed allegations of kids in the Texas juvenile penal system who were beaten and molested by those who were supposed to be protecting them between Jan 2003 and Dec 2006.

The U.S. Justice Department knew about it and declined to prosecute. 2000 cases.

Notably, one of the sick and twisted "voter fraud" zealots at the U.S. DoJ, Bradley Schlozman, also finds his way into the middle of this story. As the Morning News, who spent three months on their investigation, reports on the ignored cases of rape, abuse, and manipulation of these kids:

The U.S. Attorney in San Antonio, Johnny Sutton, who received the case referral is "chairman of the U.S. attorney general's advisory committee and a Bush family friend." He declined to prosecute, on the grounds that no federal laws were broken by the detailed cases of sexual abuse in which "victims revealed that none sustained 'bodily injury'...None of the victims claimed to have felt physical pain during the course of the sexual assaults which they described."

The Bush Administration, and their DoJ, have similarly parsed the definition of "torture," claiming that if there's no permanent bodily injury, it couldn't be "torture."

No doubt "the president's conservative religious base" is prouder than ever of their man.

Blogged by Brad from...somewhere in Oklahoma...

As we continue on our eastward trek towards the Backbone Campaign's Progressive Cabinet Summit at the Carter Center on Tuesday in Atlanta, to be followed by several workshops and panels at the U.S. Social Forums for the rest of the week...We received this rude awakening early this morning out the window of the BradMobile...

The day got decidedly better thereafter (though not before passing the town of Bushland, quickly followed by Coulter St. just outside of town.)

From the Wise County Messenger in Texas...

The story gets even more amazing as a fire breaks out in city hall, where the machines are stored, engulfing one of them in flames. You'll have to check it out yourself for those details.

But we don't mind awarding Denton County's election administrator, Don Alexander, BRAD BLOG's "Understatement of the Year Award" for this quoted comment from the story:

A commenter over at DU asked which states used the ES&S iVotronic touch-screen voting system found vulnerable to an undetectable countywide vote-flipping virus which can be implanted by a single person, as we reported this morning.

Based on our quick review of a county-by-county database of voting systems, sorted by state, as made available by Common Cause (EXCEL spreadsheet downloadable here) just prior to the November 2006 elections, it looks like the answer is 16 states in total.

Since the EAC refuses, as our report detailed, to do their job in notifying Elections Officials about this incredibly serious vulnerability, it looks like it's up to you to notify your state's Secretary of State and/or county Election Officials! Details on the vulnerability and mitigating steps that may be taken are detailed in this brief report at VotersUnite.org as written by a computer scientist and voting system expert well familiar with the newly discovered flaw. Please refer your voting officials to both our original article, and that scientific report for more details at the following URLs:

• https://bradblog.com/?p=4396
• http://www.votersunite.o.../ES&SInsecurity.asp

The states which use the ES&S iVotronic affected (with firmware versions either 8 or 9, with or without a so-called "Voter Verified Paper Audit Trail") are as follows:

• Arkansas
• Florida
• Indiana
• Iowa
• Kansas
• Kentucky
• Missouri
• New jersey
• North Carolina
• Ohio
• Pennsylvania
• South Carolina
• Tennessee
• Texas
• West Virginia
• Wisconsin

If we've missed any, or any of the states above do not use the system in at least one county, please let us know and we'll amend the list.

The BRAD BLOG and You - Doing the EAC's job for them. But without the $15 million budget (or the incomprehensible incompetence).

The LA Times is reporting that the George W. Bush "Presidential" Library may well be built at Laura's alma mater, Dallas's Southern Methodist University.

Setting aside those in Texas and at the University who are less than thrilled with the idea of being associated with the guy, it comes as little surprise that the ground likely to be used for the library at SMU was obtained via tactics that perfectly represent the Bush Administration...

Even with the attempts by Bush's well-monied supporters to invent a less-than-humiliating legacy for him, it looks as if the library will be built on the intimidation of and land grabbed from others. Go figure.

No word on how many copies of My Pet Goat the library will be making available to researchers and visitors.