By John Gideon, VotersUnite.Org and VoteTrustUSA.Org

Normally this space is taken with my ideas of what are the "Top 5" voting news stories for the week. Today I am going to use this space to talk about what I see as the beginning of a disaster in the making with our elections. This isn't the election fraud that some point to when they talk about the vendors and some elections officials. It's not about recounts or audits. This is a real, get your hands around it, happening problem that will disrupt our election process if we do not do something about it now. While we have been involved in all of our issues about Direct Recording Electronic (DRE or "touch-screen") voting machines or paper ballots the electronic voting machine vendors have been wreaking complete havoc across the country.

So far this year two states have conducted primary elections. In Texas there is at least one candidate who has stepped forward and has challenged the election because of anomalies in vote counts and known voting machine failures. One county's machines counted some votes up to 6 times which resulted in approximately 100,000 more votes being counted than were cast. Though the vendor, Hart Intercivic, initially blamed the problem on human error, they finally had to admit that it was a programming error and not poll workers or voters who had erred. In Illinois some county officials are threatening to withhold final payment of funds on contracts with Sequoia Voting Systems because of failures with their machines that ended with results in the primary not being known for over a week after the voters went to the polls. In both states the involved vendors were very successful in the media with deflecting the blame from their machines to "human errors" or "glitches". However, when you listen to people who were there and who saw and worked through the problems you get a very different picture...

Blogged by Brad on the road...

As The BRAD BLOG reported last week, a Conservative Republican former Texas Supreme Court Justice had been considering an Election Contest after electronic voting machine problems and inexplicable tallies plagued the first-in-the-nation March 7th primary in the Lone Star State.

Steve Smith --- who ran for election to the state Supreme Court, Place 2, in the Republican primary against an opponent backed by both Texas Republican Governor Rick Perry and the Bush family --- will be filing an official Election Contest this afternoon in Travis County District Court, The BRAD BLOG has learned.

Since our previous report, the Smith for Supreme Court campaign has been examining election tallies around the state and report that they continue to find anomolies in virtually every county they look into.

"The more research we do, the more irregularities we find," campaign manager David Rogers told The BRAD BLOG this morning.

The problems are being found on machines made by both Hart InterCivic and Election Systems and Software, Inc. (ES&S) --- the two major Electronic Voting Machine vendors supplying the state of Texas.

Rogers says the campaign plans to file the Contest before 5pm (CT) today. The Contest (to be posted in full here when available) will outline some of the many problems they have found so far including counties "where there were more votes than voters."

They hope the Election Contest may allow, for the first time, a closer examination of both the Hart InterCivic and ES&S electronic voting machines used in Texas elections, as well as elsewhere around the country.

An earlier statement from the campaign had detailed a number of the campaign's initial findings including several mysterious totals in Smith's home county of Tarrant where officials admit some 100,000 votes were incorrectly added to the reported results on Election Night.

Smith had outperformed his statewide average in Tarrant County during the 2004 Election by 13%, but this year, his campaign reports, he underperformed the statewide results by 23%. One other such puzzling number reported previously by Smith's campaign:

Says Rogers, "We are contesting the state as a whole, but looking at specific larger counties where there are problems and a few of the smaller counties where the mistakes were absolutely egregious."

The BRAD BLOG has also previously reported on whistleblower William Singer who had worked at both Hart InterCivic and then as an "Election Programmer" in Tarrant County. Singer had attempted to alert the Texas and Ohio Secretaries of State and Attornies General about concerns, including possible criminal fraud by Hart, ES&S and Tarrant County, as long ago as July of 2004. His letters were all virtually ignored by officials in both states. The Texas Secretary of State was recently forced to shutdown a mandated recount in Tom Green County when it was discovered that recount numbers from the machines differed by some 20% from results reported on Election Night.

Up until now, many critics who have doubted or ignored the many concerns about the hackable hardware and secret software used in Electronic Voting, as expressed for some time by Election Integrity Advocates, have said that it is only Democrats who seem to be concerned about results as tallied on such machines which are now blanketing the country in the wake of the Help America Vote Act (HAVA).

That flawed law was written and sponsored in large part by Rep. Bob Ney (R-OH) and passed in 2002 along with heavy lobbying by Voting Machine Vendor Diebold, Inc. of North Canton, OH and their top lobbyist, Ney's former chief of staff, David DiStefano. HAVA's full impact kicks in by statute for the first time this year. Ney recently stepped down from his chairmanship of the U.S. House Administration Committee after being named in one of the plea bargains by disgraced former Republican super-lobbyist Jack Abramoff.

Smith's election challenge, by a conservative Republican Supreme Court Justice from Texas, may well help to change the tenor of the debate over Electronic Voting, as is becoming apparent in several national mainstream publications of late including USA TODAY who published a front page story finally touching on these matters today.

We are on the road for the bulk of today and this evening, but if one of our friendly Guest Bloggers can update this item with a copy of the full Election Contest as filed by Steve Smith later today --- once we receive it --- we will do so.

UPDATE 3:50pm PT: Campaign managaer David Rogers has contacted us to let us know the campaign has found additional information that they wish to investigate before filing their contest. Due to this new information they will be delaying the filing by 24 hours.

UPDATE 4/1/06: The complete Election Contest filing is now attached here. [PDF] We hope to have a new report on the details/specifics later.

Blogged by Brad on the Road...

The Fort Worth Star-Telegram picks up on our previous report about Hart InterCivic / Tarrant County, TX election software whistleblower William Singer.

Does the "Startlegram" give any love to The BRAD BLOG in their article? Despite an hour or two on the phone with them after they called for deets and a hook-up with our source last week? Not a jot.

But we're not in it for the love. We're in it for the big bucks.

A Conservative Republican former Texas Supreme Court Justice, who ran against a Republican opponent backed by Gov. Rick Perry, is considering a challenge to the tremendously flawed Primary Elections held in the state two weeks ago on new Electronic Voting Machines.

The campaign for Steve Smith announced last week in a Press Release received only last night by The BRAD BLOG (and posted in full below) has filed a "Public Information Act request with the Tarrant County Elections Administrator seeking to review public documents relating to the Republican Party primary election in Tarrant County" on March 7th.

As discussed in their press release, but elaborated upon to The BRAD BLOG in an interview this afternoon with Smith's campaign manager, David Rogers, the results reported from all across the state seem to make little or no sense.

For example, though his was a statewide race, Smith's home county is Tarrant where in 2004, according to Rogers, Smith "outperformed the statewide results by 13%, but this year, according to the results, he underperformed the statewide results by 23%."

"Something doesn't make sense here," he noted, adding that turnout went up this year by 12,000 votes, but apparently a full "11,000 of them did not go to Smith."

Amongst the many concerns alleged by Smith's campaign are that audit tapes from the voting machines are only available on 103 of the 211 election day voting locations, making it impossible to audit all of the races. "No audit can be correctly performed on more than half of the machines in the state," says Rogers.

Perhaps more troubling still, is this item from Smith's press release:

Due to time-constraints (we were supposed to hit the road about five hours ago), we weren't able to confirm those incredible Winkler County numbers. But if they are true, they are indeed mind-blowing.

As previously reported, Tarrant County saw some 100,000 votes added incorrectly to the election totals on Hart InterCivic and ES&S voting machines on Election Day. As well, The BRAD BLOG reported on a whistleblower who worked for both Hart and later at Tarrant County. In July of 2004, he sent letters warning the Texas Secretary of State and Attorney General about serious problems which he regarded as both "criminal" and "fraudulent" both at Hart and in Tarrant County's Board of Elections. His letters, he told us, were completely ignored by all of the officials.

And yesterday, that same Sec. of State in Texas was forced to shut down a mandated recount in Tom Green County when the Hart InterCivic machines were reporting results that differed by some 20% from the original totals as reported on Election Night.

We wonder if he might decide to go back and talk to our whistleblower now. Apparently both the Smith campaign and the Fort Worth Star-Telegram (as we learned earlier today when they contacted us for more info) suddenly have an interest in doing so.

Rogers indicated to The BRAD BLOG this morning that they were seriously investigating a complete challenge to the election statewide and hope to get a much closer look at those Hart and ES&S machines in order to try and make sense of whatever the hell happened in Texas.

We'd like to see that happen, of course. And now that a conservative Republican may have had his own ox gored by these infernal machines, perhaps it'll actually become a reality.

The complete Press Release issued by Smith's campaign --- detailing even more "irregularties" in the race --- follows. [emphasis in the original] ...

Guest Blogged by John Gideon

Just reported by San Angelo (TX) Standard Times.

The Texas Sec. of State has stepped in to stop the recount of ballots being printed from the Hart Intercivic "eSlate" Direct Recording Electronic (DRE, touch-screen) voting machines during a mandated election recount. The stoppage of the recount is due to failure of the voting machines to print all ballots cast during the Texas state primary two weeks ago...

This is another instance where a voter verified paper ballot would have saved the day for voters and voting officials.

If we hear more we will pass it on.

ADDITIONAL BRAD BLOG BACKGROUND...
-- Sec. of State Was Warned in 2004: Hart InterCivic Whistleblower's Report
-- Trouble in Tarrant: 100,000+ Extra Votes on Hart Machines in TX County
-- March 7, 2006 TX Primary: Loads of E-Voting Problems Across State

Continuing in an exclusive BRAD BLOG series of Voting Machine Vendor and Election Fraud whistleblowers, another insider, from yet another voting machine company, has now come forward to reveal a myriad of known problems inside both the company and in several states and counties with whom they do business.

During last Tuesday's Primary Election in the state of Texas, scores of "computer glitches" --- as voting officials and electronic voting machine vendors like to refer to them --- were revealed occurred across the state. Many of those "glitches" occurred on electronic voting equipment manufactured and supplied to various counties in Texas by the Hart InterCivic company.

One such "glitch" occurred in Texas' Tarrant County, which encompasses Fort Worth. That "glitch" resulted in some 100,000 votes being added to the result totals across the county's paperless Hart-Intercivic "eSlate" touch-screen voting system.

Election Officials in Tarrant claim they didn't look into the problems on Election Night as the problem emerged because, as reported by the Star-Telegram last week, "they were dealing with a new system, new procedures and some new equipment."

The BRAD BLOG can now report, however, that according to a Hart InterCivic company whistleblower --- who also happened to have later worked as an "election programmer" in Tarrant County --- the problems with Hart InterCivic's systems in Tarrant County, Texas and elsewhere are not new at all. Not by a longhorn long shot.

Letters sent by William Singer of Fort Worth, a former Hart InterCivic "technical specialist" and Tarrant County election worker, to state officials back in July of 2004 warned of exactly such problems. The letters, obtained and published here for the first time exclusively by The BRAD BLOG, reveal that serious problems and concerns of possible election system meltdowns were already apparent with the Hart machines in Tarrant County long ago. However, the warning letters were all but ignored by both election officials and even state law enforcement officials.

The "glitch" in last Tuesday's primary, as reported the Star-Telegram, "caused Tarrant County to report as many as 100,000 votes in both primaries that never were cast." After the problem was discovered, they report, "the local turnout [dropped] from a possible record high of about 158,103 voters to about 58,000."

A review of several notarized letters sent by Singer to officials in both Texas and Ohio in 2004 warned of fraudulent activities, buggy software and hardware, dysfunctional testing and development procedures, unsecured working environments and possible criminal behavior by both Hart InterCivic and Election Workers in both states.

Singer --- who eventually resigned from the company and ended up working as an Election Programmer for Tarrant County, where last Tuesday's "glitch" occurred --- wrote of allegations that Hart illegally supplied specially prepared machines for testing to state election officials. Along with doing so, they also withheld a number of known security, programming and hardware flaws during official review and certification of the systems.

TROUBLE IN TARRANT COUNTY, TEXAS...

The beloved 40 year-old Voting Right Acts, implemented by Lyndon B. Johnson after violence and death to Voting Rights activists in Selma, Alabama in 1965 has been all but gutted by the George W. Bush administration. The VRA celebrated it's 40th anniversary this summer, even as Bush's Department of Justice was destroying one of its most important measures by covert political caveat.

That gutting now appears to be becoming a still greater threat to our democracy as it is being institutionalized by recent policy changes which bar career Voting Rights staffers and attorneys in the DoJ from offering opinions on new laws that fall under the jurisdication of the VRA.

Two recent reports by Dan Eggen of the Washington Post revealed that Bush political appointees in the DoJ has overruled the recommendations of career staffers and attorneys in the Voting Rights division tasked with determining the legality of two separate laws sent to the department for "pre-approval" under Section 5 of the Voting Rights Act.

Section 5 requires that states with a history of discriminatory election practices --- like Texas and Georgia --- must receive pre-approval from the DoJ before implementing any changes to their voting systems. It prohibits "retrogressive" changes to voting laws, or laws that would bring harm to minority voters.

In the last several weeks Eggen has reported on remarkable memos leaked by DoJ staffers showing that they had recommended against approval of new laws both in Georgia, where the legislature had insituted a new Photo ID requirement at the polls, and in Texas, where then Majority Leader Tom DeLay (R-TX) had helped to redistrict the state to allow for more Republican representatives after the GOP gained control of the state house in 2002.

Georgia's law has since been ruled unconstitutional by two Federal Courts who deemed the law to be a "Jim Crow-era Poll Tax". Texas' law has resulted in 7 additional Republicans in the U.S. House of Representatives. The fallout from the DeLay led gerrymander of Texas districts has resulted in several indictments for DeLay and his cronies who helped force it through the legislature and allegedly conspired with the Republican National Committee to launder money in support of GOP candidates running for the new seats. The Texas law, which had been unanimously recommended against by 8 DoJ staffers, including the lead attorney in the Voting Rights Act division, still stands.

Today Eggen reports that such staff opinions are now completely banned in Bush's Department of "Justice"!

The one ray of hope that Eggen offers is that Sen. Arlen Spector (R-PA) is considering Senate Judiciary Committee Hearings...at least on the Texas redistricting case.

We often bristle when we hear those on the Left criticize the Bush Administration as Fascistic. It's simply too easy to ascribe to them the worst possible traits as a blunt political weapon. But if the issues discussed above don't send a shiver down the spine of every democracy-loving American it's either because they don't understand what's actually at stake --- and being dismantled in the process --- or they simply don't give a damn about this country's most important legacy to the world: A free and fair electoral system where all citizens are given an equal voice in the selection of our leaders...or at least a system as close to that as we can possibly muster.

Our Republic is in grave danger.

MyDD has a telling analysis of the situation in North Carolina where problems with vote counting (some votes apparently counted twice in some places, 4,500 votes completely lost elsewhere, etc.) may require a re-vote in all, or part, of North Carolina.

Nonetheless, it's telling that, though the Republican candidates for President and U.S. Senate were able to claim victories down there, Democrats somehow had virtually all the rest of the success in NC.

The NC Democratic candidate for Governor won in a landslide (55%-44%), Dems won control of the NC House by at least 3 seats, and in the NC Senate the Dems added to their "already healthy" margin. Additionally, the first openly gay lesbian to be elected to the NC statehouse was also victorious in her Senate race!

That victory on the state level mirrors other results around the country, where Dems solidly increased their foothold, or took control of many State Legislatures and Governships.

Even Dallas, TX(!!!) elected a lesbian/hispanic Sheriff!

All of which just serves to make me even more suspicious of the election results.

Republicans control the "Solid South" says conventional wisdom --- but then how does one account for North Carolina? "Value voters" showed up and gave Bush his victory, says CV, and yet gay and lesbian candidates had unprecedented victories in "solid" GOP strongholds.

It's certainly reasonable to assume that voters preferred the GOP at the national level while opting for Dems back at home...for whatever reason. Had there not be so many other oddities in the days following this election, I'd likely not have given it all too much thought. But taking everything we now know about highly improbable disparities in the Exit Polling --- where alleged "inaccuracies" just happened to only benefit Bush and never Kerry in the final results --- along with everything else we now know about the manufacturers of the E-Voting and Counting machines, their secrecy and their exceedingly close ties to the Republican party, it all just adds to my existing suspicions here that something stinks. Bad.

Yesterday Bev Harris' BlackBoxVoting.org site began issuing "Bandwidth Exceeded" messages to users attempting to access the site. Such a message generally occurs when more users are attempting to access the site than the server can comfortably handle or when the bandwidth allocated by the domain's Internet Provider is exceeded.

Today, attempts to access the site now simply return a "Cannot Find Server" page, leading me to believe that hack attempts and/or Distributed Denial of Service (DDoS) attacks have been successful for the time being. [UPDATE: BlackBoxVoting.org is now finally back online. At least for now.]

We have had such attacks here at the BRAD BLOG for the last three days which have taken us similarly down and/or greatly slowed page retrieval at various times. Given the much higher profile BBV has had, it's little surprise that folks who'd rather see patriotic efforts like theirs discontinued would work feverishly to disrupt it.

Ms. Harris and BBV has been spearheading a huge "Freedom of Information Act" filing to collect and review audit logs and other materials from the election in some 3,000 US counties, and thus, her group has attracted quite a bit of attention in the past week. BBV has been attempting to warn Americans for at least the past year about the ticking time-bombs of unregulated, unauditable, and privately owned Electronic Voting machines and their corporate owners (the vast majority of them very closely tied to the Republican party).

Attempts to silence and/or disrupt sites like hers and ours, I believe, speak volumes in support of the underlying charges that we've been making. If there was nothing to fear in examining the inner-workings of these companies, and the way that our votes our counted --- specifically in last week's election --- there would be no reason to attempt to silence and disrupt those who are attempting to do so.

In other words, if the election was clean and fair, what's the fear of giving it a close inspection?

Now perhaps the problem at BBV really is simply related to an overage of bandwidth demand, however, given past attacks the site has received, similar attacks here, and the message changing from "Bandwidth Exceeded" to "Cannot Find Server", I'm inclined to believe that the problem is hostile attacks.

To those who claim that the roughly 150,000 (so far) documented votes that have been reported and confirmed by Election Officials as being mis-allocated would not have changed any election results, I'd point out:

1) Those are just the numbers reported by a mainstream media which by and large went "on vacation" after Kerry's "concession" last Wednesday.

2) Many of those mistabulated and/or lost votes discovered were due to software errors that likely exist on many other identical computers in many other counties in America where they may not yet have been noticed and/or reported.

3) The results of at least one ballot initiative last Tuesday has already been reversed when 70,000 previously mis-counted votes due to "software error" were "discovered" in Broward County, FL!

4) There has been a long record of elections in this country being mis-tabulated and/or reversed due to Electronic Voting Machine error in recent history.

Chapter 2 of Bev Harris' book, Black Box Voting outlines tons of those recently overturned elections. Here's the PDF version of Chapter 2, but since it's currently offline as of this posting, here's a summary of just a few such recent incidents summarized courtesy of Hunter over at DailyKos:

If an official investigation doesn't take place immediately, there is little hope of determing the correct winner of any number of races from last week's election. Not the least of which is the race for President of the United States. And I would think, especially after four years of questions about George W. Bush's legitimacy as "President" that even the Right Wingnuts would like to be able to demonstrate once and for all to the American People that he was, in fact, legitimately elected this time.

For more on the suddenly silent Right Wingers, see my recent BuzzFlash Editorial. And be sure to sign this Online Petition calling for an immediate investigation!