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Clark and Taylor Counties Short-Changed as Nation's Top Voting Machine Vendor is Yet To Deliver Materials for Election Just 12 Days Away...
By John Gideon on 3/23/2007 2:09pm PT  

Blogged by John Gideon, VotersUnite.Org

The country's largest supplier of voting machines, ES&S, is at it again. BRAD BLOG readers will remember last year's extraordinary string of ES&S failures and meltdowns week after week during the primary elections and then general election across the country. Last year the excuse for late delivery of materials and other related failures in scores of states and counties was that everyone wanted materials all at the same time and ES&S was just too busy. So what's their excuse this time?

According to John Washburn's excellent blog Washburn's World, election officials in Clark and Taylor Counties in Wisconsin are still awaiting delivery of Personal Electronic Ballots (PEB), memory cards, and paper ballots, and they have an election in just 12 days; April 3...

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FULL LETTER POSTED: ES&S Urged State, Local Officials to Take Corrective Measures Three Months Prior to Contested Jennings/Buchanan Race Last November
Election Integrity Advocate's Warning About Bug Also Ignored Both Before and After Election...
By Brad Friedman on 3/13/2007 4:28pm PT  

Melinda Henneberger at Huffington Post runs a news item today concerning an August 2006 letter from the voting machine company ES&S to Florida Elections officials warning about a defect in the iVotronic touch-screen voting machine which succeeded in losing the votes of some 18,000 voters in the razor-thin election between Christine Jennings (D) and Vern Buchanan (R) in Florida's 13th U.S. House Congressional district. Buchanan was provisionally seated, pending a Congressional challenge and state lawsuit filed by Jennings, after he was declared the "winner" by 369 votes.

The Sarasota, FL, Election Supervisor, Kathy Dent, decided against both having their machines patched to take care of the defect and posting a warning notice for voters as advised by ES&S. "No one in the State of Florida updated," their machines after receiving the letter, Dent told Henneberger. "That's because it was too close to the election. It was a state decision that it was too late to make changes."

Notably, as you'll see in the full letter as posted below, it was CC'd to David Drury, the Chief of Florida's Bureau of Voting Systems Certification. Drury, responsible for overseeing state certification of voting systems, in an extraordinary conflict of interest as we've noted several times previously, was part of the state team commissioned to audit the iVotronic systems used in the election. The commission was empaneled after the state was forced to relent and launch such an investigation in light of the controversy after their initial denials that there was any problem at all with the extraordinarily high undervote rate in the Sarasota-only section of the race.

The ES&S letter, as Henneberger noted, was only seen recently by Jennings's attorneys since "it was not provided to them by election officials as it should have been under discovery motions in the case," according to one of her attorneys.

Instead, the legal team came across the document only recently as posted "on a North Carolina-based website on election reform," according to Henneberger.

That website, as it turns out, is the NC Coalition for Verified Voting as founded by Election Integrity advocate Joyce McCloy. McCloy had attempted, both before and after the election, to get the attention of elections officials and the Jennings legal team. The letter, not linked by Henneberger, is posted here [PDF]. We've also posted the letter in full, as well, at the bottom of this article.

McCloy wrote The BRAD BLOG today expressing her frustration at trying to get anyone in Florida to take notice of the letter warning of "slow response times" to voters' attempts to select candidates on the ballot.

"I sent that memo (and my concerns) to anyone I could think of," McCloy explained in her email, "and this year to every election reform list serve that I could, posted it on political message boards. I asked and asked - has this bug been fixed?"

Apparently the answer is no; the bug was neither fixed, nor did Dent bother to warn voters in Sarasota about the problem as had been advised in the letter by ES&S.

As Henneberger reports today...

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Says State Report 'Provides Even More Compelling Reasons to Seek Investigation'...
By Brad Friedman on 2/23/2007 5:08pm PT  

The Christine Jennings (D) campaign has just sent us a statement concerning today's release of the state-commissioned audit of the flawed election during her race against Vern Buchanan (R) last November in Florida's 13th Congressional District.

See our earlier full coverage of the state reports here...

"The audit of Sarasota County’s voting system was flawed, incomplete, and provides even more compelling reasons for the Christine Jennings campaign to seek a thorough investigation by outside experts," the statement begins.

The complete Jennings statement follows below...

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Election Integrity Advocates Contesting Race Call Report 'A Whitewash,' Cite Partisan Makeup, Conflict of Interest, Flawed Test Methods of Audit Commission
Two State Reports Released Late Friday Afternoon Reveal Contested Results Imperiled by Extraordinarily Complex Touch-Screen Voting System...
By Brad Friedman on 2/23/2007 3:39pm PT  

Late this afternoon, the state of Florida released a state-commissioned audit report detailing their investigation into the contested U.S. House Election in Florida's 13th Congressional district between Christine Jennings (D) and Vern Buchanan (R).

In two lengthy and carefully worded reports, released along with a statement from the new Secretary of State, Kurt Browning (R), the state audit report [PDF] concludes that "The audit team found no evidence to suggest or conclude that the official certified election results did not reflect the actual votes cast."

A statement issued in response by People for the American Way (PFAW), who, along with VoterAction.org, are representing the voter plaintiffs contesting the election in the state, have described the report as "a whitewash." Their statement, posted in full at the end of this article, points to the partisan makeup and conflicts of interest in the commission empaneled by the state to examine the firmware of the paperless ES&S iVotronic touch-screen voting machines used in the race.

The report "is the result of a flawed process overseen by people with a stake in the outcome," said PFAW President Ralph Neas in the statement, which also details a number of other flaws in the state's "independent" commission.

Additionally, The BRAD BLOG has found that details in one of the reports actually contradict both Browning's statement and the conclusion of the state's official audit. The reports, as well, reveal a stultifyingly complex process being employed to manage the most basic point of any election: The simple task of adding one plus one plus one...

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Princeton Professor Listed as Team Member Reveals He Is Not on State Convened Panel
Yet More Reason to Doubt Credibility of Partisan, Interest-Conflicted Group of Scientists Said to be Investigating Failed U.S. House Race in Sarasota...
By Brad Friedman on 2/5/2007 1:17pm PT  

Blogged by Brad Friedman from Phoenix, AZ...

While Florida's new Republican Governor Charlie Crist deserves credit, perhaps even a rarely-bestowed BRAD BLOG "Intellectually Honest Conservative" Award --- for his recent announcement alongside Rep. Robert Wexler (D-FL) that he would propose some $32 million to replace the Sunshine State's failed touch-screen voting machines with paper-based optical scan systems, it seems that the old state guard is still lying and covering up for their failed e-voting systems which undermined democracy last November.

An article on the Crist/Wexler initiative from last Friday's New York Times offered this refreshing quote from the Florida Republican on concerns about the cost of tossing the state's recently purchased touch-screen systems: "The price of freedom is not cheap. The importance of a democratic system of voting that we can trust, that we can have confidence in, is incredibly important."

To that, we say, right on. But apparently the folks in Crist's Department of State (DOS) have yet to get the memo that it's time to stop covering up the massive electoral system failures in Florida.

In a blog item today by Princeton University's computer science Professor Ed Felten, he reveals that the state's "independent audit" of the contested 13th Congressional District election between Democrat Christine Jennings and Republican Vern Buchanan --- in which some 18,000 votes disappeared on Sarasota County's paperless touch-screen machines in a race decided by just 369 votes --- is built on more lies than previously realized.

The Princeton University professor who led the team that revealed Diebold touch-screen systems could be hacked in less than 60 seconds and implanted with a vote-stealing virus which could undetectedly flip an entire election has exposed yet another lie from the state-convened team of scientists supposedly investigating the FL-13 incident.

The audit team, convened by state officials at the FL Department of State, has been appropriately criticized for its partisan make-up, lack of transparency, and apparent conflicts of interest in demonstrating that they were not to blame for having certified the very voting systems they have charged themselves with "investigating."

Felten, however, has revealed the case is even worse than that. Apparently they have lied about who is actually on the team, listing Felten in official documents as one of the team members despite his early refusal to take part in the state-run investigation...

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Princeton's Computer Science Professor, Ed Felten, Begins to Look at the Failed Jennings/Buchanan U.S. House Race in Florida, But Seems to Buy Into a Flawed Theory and Solution
'Paper Trails' on Sarasota's Voting Machines Would Have Made the Situation Worse, Not Better...
By Brad Friedman on 1/30/2007 1:33pm PT  

Blogged by Brad Friedman from on the road...

To be clear, despite the headline, we don't mean to call Princeton's computer science professor Ed Felten "stupid" by any means. We do, however, mean to make clear --- in no uncertain terms --- that the oft-floated idea that adding so-called "paper trails" to failed, paperless ES&S touch-screen voting machines, such as those used in last November's U.S. House race in Sarasota between Christine Jennings (D) and Vern Buchanan (R), would not have avoided the situation we're now in. In fact, such "Voter Verified Paper Audit Trails" (VVPAT) added to Direct Recording Electronic (DRE/touch-screen) systems would likely make our current crisis of democracy worse instead of better.

As we've said before, DREs with or without a VVPAT are a threat to democracy. VVPATs are little more than a band-aid at best, and more likely serve only as a panacea to offer a false sense of security.

Adding a "paper trail" to a DRE/touch-screen system is like requiring a seat belt in a Ford Pinto; what good will the seat belts do when the Pinto explodes?

Today then, Princeton's Felten (he of the infamous Diebold Touch-Screen Virus Hack) has posted an article on his blog looking at what may have happened in the contested U.S. House race in Florida's 13th Congressional District between Jennings and Buchanan, in which some 18,000 votes seem to have disappeared completely on the paperless ES&S touch-screen voting machines. Just 369 votes separate the two candidates in the flawed state-certified final results.

In his essay, the first of a promised series to come this week, Felten correctly points out that the situation can only be attributed to problems with the ES&S voting machines themselves, since the undervote rate for the very same race in the very same county was a reasonable 2.5% on the paper absentee ballots, but jumped nearly 15% as recorded on the ES&S touch-screen machines.

Even ES&S's only expert witness so far to take the stand --- Dartmouth College's political (not computer) scientist, Michael Herron --- in the election contest down in Florida admitted that were it not for problems voters encountered in using those voting machines, Jennings likely would have been named the winner. That point was reported by Sarasota Herald Tribune who reported on the testimony this way: "Had those ballots been cast without problems, Jennings would have won by as many as 3,000 votes, according to the ES&S expert's statistical 'best guess.'" Reporting from both Wired News and our own discussions just after the testimony with Lowell Finley, the attorney for VoterAction.org, one of several non-partisan groups who argued the case on behalf of the Florida voter plaintiffs who joined Christine Jennings in filing an election contest, confirmed that point as well.

So the question --- for those legitimately trying to figure out what went wrong, as opposed to Buchanan and his supporters who simply want to claim the House seat as their own, even if it's an aberration of democracy --- is whether the problem was due to bad ballot design, machine malfunction, or, most likely, some combination of both. With just 369 votes between the two candidates in the state-certified final result (which is being challenged in both Florida courts and the U.S. House), virtually every analysis has determined that even a minor machine malfunction would likely have thrown the race to the Republican in the Democrat's strongest areas in Sarasota. That's where the largest undervote rates occured.

Felten's thesis, however, as he begins to discuss today in his first article on the topic, would seem to suggest --- incorrectly, in our view --- that a "paper trail" on those paperless touch-screens would have avoided this problem. We'll answer by suggesting it would only have made it worse.

In the meantime, an as-yet under-reported affidavit obtained by The BRAD BLOG from a poll worker, which accompanied a complaint filed by a Republican (yep, you read that right) in Sarasota who believes machine malfunction was clearly the culprit, seems to demonstrate clearly that a problem with the ES&S iVotronic system, not a problem finding the race on the ballot, was to blame for the massive undervote rate.

Couple that with two excellent reports from Daniel Hopsicker as filed last week (one here, the second here) analyzing, in crystal-clear detail, a number of contemporaneous news reports from Sarasota before, during, and after the election, it becomes very clear that machine failure was the problem in the FL-13 election and not "bad ballot design" --- the favored theory of folks hoping to keep the "provisionally seated" Buchanan in power.

Hopsicker's excellent review of those news reports, both as the problem was first emerging and just after the election, when voters' and poll workers' recollections were still fresh, reveals that voter and poll worker complaints at that time overwhelmingly focused on problems voters had casting their votes in particular races and not on problems finding particular races on the ballots!

We'll take a look at the complaint filed by the Republican mentioned above, along with the poll-worker affidavit, in a future report this week. But for now, we'll look at Felten's "Paper Trails Would Have Avoided the Problem" theory.

As Felten averred today...

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By Brad Friedman on 1/11/2007 7:56pm PT  

Melinda Henneberger interviews Christine Jennings, who would have won her race for the U.S. House in Florida's 13th district were it not for the ES&S touch-screen voting machines in Sarasota County, which robbed her (so far) of her rightful seat.

We guess candidates have to actually get screwed by these machines themselves before they are capable of fully appreciating the dangers about which we write here virtually every day. At the end of Henneberger's piece, she quotes Jennings in reference to some of the oft-ignored Election Integrity Advocates (like yours truly) who have long been trying to raise the reddest of flags. In this case, Jennings refers to the good folks of the Sarasota Alliance for Fair Elections (SAFE) with an "I'd wish I'd listened to them" sub-text impossible to ignore...

"Those people with the Sarasota Alliance for Fair Elections? I used to pat them on the back at Democratic meetings, but I had no idea. The vote is the great equalizer in this country - and when we've lost that, we've really lost something.''

So what will it take for the rest of the Democratic Party to start getting it?

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Voting Machine Company Claims Chairwoman's Missive 'An Attempt to Intimidate, Unduly Influence' Florida Court
Plaintiff Attorney Says Claim is 'Remarkable,' 'Takes a Lot of Chutzpah'
By Brad Friedman on 1/9/2007 9:46pm PT  

Describing it as a "threat...intended to interfere with the independence of the judiciary" in Florida's 13th Congressional District election contest, one of the defendants in the case, Elections Systems & Software, Inc. (ES&S), has filed a motion to strike a letter sent last week to Florida's appellate court from the Chair of the U.S. House Administration Committee, The BRAD BLOG has learned.

Attorneys for the plaintiffs describe the motion as "remarkable" and "a blatant thumb in the eye of Congress."

In her January 5th letter [PDF], the new Democratic chair of the committee, Juanita Millender-McDonald, responded to a lower court's decision at the end of the year refusing the release of the computer source code used on the paperless ES&S touch-screen systems during last November's contested election. Circuit Court Judge William L. Gary held in his decision at that time that the proprietary "trade secrets" of ES&S took precedence over Florida voters' right to know what actually occurred in their own U.S. House election.

The plaintiffs in the case --- Democrat Christine Jennings and several non-partisan election watchdog groups --- had requested review of the source code to aid in an independent expert investigation to help determine what went wrong when Sarasota's touch-screen systems, made by ES&S, failed to report some 18,000 votes in Jennings's race for the U.S. House against the Republican Vern Buchanan.

Buchanan was certified as the "winner" by the state of Florida despite his 369 vote margin and questions about the contest based on the extraordinarily high undervote rate on Sarasota County's voting systems. The still-unexplained undervote rate in the county was approximately five times higher than in the same race in neighboring counties, and similarly much higher than the undervote rate in the same race on the paper absentee ballots in the very same county.

In today's motion [PDF], obtained this afternoon by The BRAD BLOG, ES&S demands the court strike Millender-McDonald's letter from the record. They claim that it's an "unauthorized, non-party response" and that her letter was a "thinly veiled attempt...to intimidate this Court and unduly influence its deliberations in order to give Petitioner [Jennings], a member of Millender-McDonald's political party, an unwarranted advantage in this election contest."

That, despite the fact that Jennings has challenged the election in the U.S. House under the Federal Contested Elections Act and that a letter [PDF], similarly from the U.S. House Administration Committee --- then under Republican rule --- sent to a California court was instrumental and cited by the Judge in the dismissal of a contested U.S. House Special Election last summer between Brian Bilbray (R) and Francine Busby (D) in California's 50th district.

David Becker, a Senior Attorney at PFAW Foundation, one of the groups supporting the voter plaintiffs in the case, tells The BRAD BLOG that the claims made by ES&S in their motion "take a lot of chutzpah." ...

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Debra Bowen Appoints Lowell Finley of Election Integrity Watchdog Group VoterAction.org to Role of 'Deputy SoS for Voting Systems Technology and Policy'
[UPDATED] Critics of E-Voting Hail News as 'Collosal Suprise,' Very Good for Voters, Very Bad for the Nation's Electronic Voting Machine Companies...
By Brad Friedman on 1/8/2007 2:31pm PT  

It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...

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Letter Could be Precursor to Congressional Subpeona as Necessary...
By Brad Friedman on 1/5/2007 3:18pm PT  

Congresswoman Juanita Millender-McDonald, the new chair of the U.S. House Administration Committee, has sent a letter to the Florida Court of Appeals currently reviewing the absurd decision made late in the day on the last day the year by circuit court Judge William L. Gary to disallow release of the source code from the paperless ES&S touch-screen voting machines to the plaintiffs who have requested it in the state election contest in the U.S. House race in Florida's 13th district.

Gary found at the time that release of the material would "result in destroying or at least gutting the protections afforded those who own the trade secrets." In other words, the private corporate interests of the ES&S voting machine company was more important than allowing Florida voters to try and determine the valid winner of an election.

The election is one of five now being contested in the U.S. House under the Federal Contested Elections Act, and we'd suggest Millender-McDonald's letter may serve as a precursor warning to the courts that the committee may use their subpeona power to get at the source code if the Florida courts refuse to allow its release.

Electronic Frontier Foundation covers the news here with the short letter itself linked here [PDF].

It is [...] of concern that the parties have been unable to agree upon, and that, on December 29th, the lower court declined to order, the requested access to the hardware and software (including the source code) needed to test the contestant's central claim: voting machine malfunction.
...
[T]he House is well served in its own deliberations by having before it a complete record. Consequently, Florida law will facilitate the evaluation of the election contest pending before the House to the extent that it provides access to relevant and critical evidence. I am confident that this can be done in a way that accommodates the valid interests of the parties, and resolution of these issues may obviate the need for the House to address them.
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Judge finds Plaintiffs' Request for 'Access to Trade Secrets' of ES&S Would 'Result in Destroying, Gutting' Voting Machine Company's 'Protections,' Rules Jennings's, Voters' Motion Based on 'Nothing More Than Conjecture'
[FURTHER STORY UPDATES] Plaintiffs Announce They Will Appeal Decision, Additional Late Details on Congressional Challenge to House Seating of Buchanan...
By Brad Friedman on 12/29/2006 1:27pm PT  

In a ruling issued this afternoon just prior to the Holiday weekend, the presiding Florida Circuit Court Judge William L. Gary denied the plaintiffs motion to allow review of the source code for the paperless touch-screen machines used in the contested U.S. House race in Florida's 13th district between Democrat Christine Jennings and Republican Vern Buchanan.

Jennings, and a number of Florida voters and Election Integrity organizations, had filed suit asking for a revote and to allow them to review the software used on the voting machines made by Election Systems and Software, Inc. (ES&S), after some 18,000 votes seemed to have disappeared in the race to fill the U.S. House seat vacated by former FL Secretary of State Katherine Harris. The state has previously certified Buchanan as the winner by a 369 vote margin.

Gary's terse ruling [PDF], issued this afternoon denying the motion to compel the company to turn over their source code, states that ES&S has a right to keep their software hidden from review by both the Jennings camp and voters, supporting the company's "right" to keep their "trade secrets" protected.

An audit of the machines was previously conducted by a panel convened by the state. The various plaintiff groups had roundly criticized both the make-up of the panel and the procedures used during the testing, characterizing it as an "exercise in futility." The panel was led by a known hard-right Republican partisan and included the state's own official responsible for voting machine certification. No independent Election Integrity advocates were included on the panel.

That audit --- to nobody's surprise --- revealed no problems in the hardware or software as tested. But the plaintiffs have argued that only an independent investigation of the source code used on the Direct Recording Electronic (DRE) voting machines might reveal reasons for the inexplicably large undervote rate in the race, more than 12%, only found on Sarasota's paperless touch-screen systems. Absentee paper balloting in the county, and on voting machines in other counties which make up the FL-13 district, revealed no such anomalous undervote rate. Undervote rates on paper absentee ballots in the same race, in the same county, were just over 2.5%.

Neither the Buchanan camp, nor anyone else, has been able to give a credible explanation for the disparity.

Gary's ruling denying Plaintiffs' motion to examine the voting machine source code finds that:

D. The machines now challenged were tested as required by law prior to the early voting and election day voting and were found to be working properly.

E. Because the election was a close one and due to Plaintiffs' allegations an audit was conducted on the voting system to verify its accuracy.

F. Two parallel tests were conducted on the subject screen systems and representatives of both Plaintiffs and Defendants were present. The test results revealed 100% accuracy of the equipment in reporting the vote selections.

G. Plaintiffs have presented no evidence to demonstrate that the parallel testing was flawed and or the results not valid.

H. The testimony of Plaintiffs' experts was nothing more than conjecture and not supported by credible evidence.

I. For this Court to grant Plaintiffs' motions would require this Court to find that it is reasonably necessary for the Plaintiffs to have access to the trade secrets of Defendant, Election Systems & Software, Inc., based on nothing more than speculation and conjecture, and would result in destroying or at least gutting the protections afforded those who own the trade secrets.

The plaintiffs had been requesting a revote for the election in the Florida circuit court. Jennings has filed a contest in the U.S. Congress, under the Constitutional provision which allows the House to determine the seating of members. When the new Congress convenes in January they must decide whether to seat Buchanan as is, seat him provisionally, seat Jennings instead, or leave the seat vacant, essentially forcing a Special Election in FL-13, or take some other action.

--- Click here for REST OF STORY!... ---

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(Might Have Been #1, But Diebold Handled the Vote Tabulation)
By Brad Friedman on 12/27/2006 1:03pm PT  

Tech Mag PCWorld named E-Voting #3 on their list of "The 21 Biggest Technology Mistakes of 2006"...

3. Hacking the Vote
Are electronic voting machines insecure? In May, security researchers discovered a previously unknown backdoor in Diebold's AccuVote-TS touch-screen voting machines that could allow an attacker to manipulate votes, cause malfunctions, or create a 'voting virus' that spreads from machine to machine--all in under a minute and with little fear of detection. Meanwhile, Princeton researchers also found Diebold's touch-screen machines could be opened with the same kind of key used for hotel mini-bars, offering easy access to the machine's memory card. Diebold promised to fix the vulnerability eventually, but also said they weren't too worried. Why? Because such hacks would require "evil and nefarious election officials"--who don't exist.

We feel much better now.

Big Mistake: Allowing insecure voting machines anywhere near this country's electoral process.

Bigger Mistake: Electing Homer Simpson president--which might happen if we keep using these machines.

We've come a long way, baby.

And we also take year-end great pride in that folks look back on Princeton's Diebold Virus Hack as one of the seminal moments in this whole sordid affair. (The machine used in the research was a DRE/touch-screen system supplied to VelvetRevolution.us by a BRAD BLOG source and we then gave it to Princeton for their now-infamous study.)

First they ignore you.
Then they laugh at you.
Then they attack you.
Then you win.

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By Alan Breslauer on 12/23/2006 12:47pm PT  

Guest Blogged by Alan Breslauer


Christine Jennings and her lawyer, Kendall Coffey, appeared Wednesday on Lou Dobbs Tonight with guest host Kitty Pilgrim to discuss the latest news concerning Florida's 13th Congressional District. As BRAD BLOG has reported often (most recently here, here and here), Vern Buchanan was declared the winner in Florida's 13th after the disappearance of 18,000 votes left the Republican with a paltry 369 vote lead over his opponent Jennings. Subsequently, a handful of experts including one provided by e-voting manufacturer ES&S, concluded that the inclusion of the missing votes would have propelled Jennings to an easy victory based on an analysis of the Sarasota votes which did not spontaneously combust.

Unfortunately, the will of the people is a foreign concept among those controlling the Florida election apparatus which declared Buchanan the winner after recounting nothing a couple of times. With no paper trail (much less a paper BALLOT, and there is a big difference!), a "recount" merely refers to state election staffers testing whether a few selected machines are working properly and is entirely unrelated to the vote count. By certifying Buchanan the winner, the state forced Jennings to seek relief in the Florida courts.

This did not sit well with Sean Hannity who, with Buchanan on as a guest a few weeks ago, found the entire affair "unbelievable" and further evidence that Democrats are sore losers. Juxtaposing the Hannity clip as well as Tom Feeney's reaction to the election controversy, recounted by Brad here, to Jennings appearance on CNN (clip above right), makes for quite an interesting experiment. While hardly evidence that could be used in a court of law like the damning statistical evidence, the contrast is, nevertheless, telling.

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And Who Knows 'Total Political Dictatorship' Better Than the Corrupt Bully-Boy Feeney?!
(Who Also Has Now Had a Congressional Challenge Filed in His Own Election!)
By Brad Friedman on 12/21/2006 2:31pm PT  

Tom Feeney (R-Abramoff) is back! And he's not taking any shit from any of those democracy loving pussies!

Now that he's temporarily been sent back to the U.S. House of Representatives --- after having spent more than $1 million in corporate PAC money to achieve an unimpressive victory over Clint Curtis, the computer programmer who spent about $40k on his campaign and has accused Feeney of conspiring to create vote-rigging software in Florida --- Feeney is ready to rumble!

"That is total political dictatorship," Feeney tells the Orlando Sentinel today in regard to the Congressional election challenge filed yesterday by Democrat Christine Jennings in the U.S. House after 18,000 votes disappeared in her recent election in Florida's 13th District, leading to a reported "loss" by 369 votes to Republican Vern Buchanan.

And, if anybody knows anything about "total political dictatorship" it would be Tom Feeney. The man who, as Speaker of the Florida House in 2000, promised to deliver the state's Electoral Votes to George W. Bush no matter what those democracy haters on the U.S. Supreme Court had to say about it!; the man who worked as general counsel and registered lobbyist (even while speaker of the Florida House) for a company that had harbored at least one illegal alien who pled guilty to charges related to sending Hellfire anti-tank missile chips to Communist China; the man who keeps his campaign headquarters in the firm's headquarters building even today!; the man who didn't raise a peep when the Republican controlled U.S. House sent a letter ordering a California judge to dismiss a lawful election contest in San Diego's special U.S. House election last Summer after the House had rushed to swear in apparent-winner Brian Bilbray just 7 days after the election, with thousands of votes still uncounted and a full two weeks before the state would even certify the close and disputed election which was run illegally on compromised, decertified electronic voting machines.

Now --- even after the only expert witness put forward in Florida by ES&S, the voting machine company that makes the touch-screen systems used in FL-13, admitted yesterday on the stand that Jennings would have won the election were it not for problems with the voting equipment --- Feeney is the man sticking his bright red, irony-impaired face out to declare that Democrats would be participating in "total political dictatorship" by exercising their constitutional right to "determine the manner and seating of their members."

"Total political dictatorship" - Nobody knows it better than Tom Feeney.

Oh, and could he also be so angry about this because it turns out that Clint Curtis himself has now filed a Congressional challenge in his race against Feeney? More on that, hopefully, later....

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County Elections Website Claims Voters Are Asked for Specific 'YES or NO' Confirmation of Undervotes at End of Voting Process
Sources Confirm it Didn't Happen That Way in Contested FL-13 U.S. House Race on November 7th...
By Brad Friedman on 12/10/2006 5:05pm PT  

An instructional web page, explaining the ES&S touch-screen electronic voting machines in use during Florida's disputed FL-13 U.S. House Election gives faulty information to voters about the way the county's paperless voting systems works, The BRAD BLOG has learned.

The information offered on the county's election website, concerning the crucial process during which voters might choose to adjust any "undervotes" found on their electronic "ballots" at the end of the voting process, is misleading and incorrect. According to several sources, the systems in use during the contested November 7th U.S. House race between Vern Buchanan (R) and Christine Jennings (D) did not operate as advertised by the Sarasota County website.

The county web page in question is described as "a technical look at how the ES&S iVotronic touch screen system works." Yet, Sarasota's ES&S iVotronic systems, apparently, didn't work as described on the site.

The "VOTE button" on the iVotronic, as explained by the text on the website, will cast the vote only after the summary page is given to the voters, allowing them to explicitly approve or disapprove of any undervotes found on their "ballots."

"The iVotronic will review the ballot for any races for which the voter did not cast a vote (undervote), and asks if this is the intent of the voter," according to the webpage. The voter is then said to receive a YES or NO option to confirm their intention of undervoting in the particular race(s).

(The webpage is here. Click the #5 option to see how the "VOTE button" on the system is supposed to work. A screenshot of the page follows at the end of this article.)

Lowell Finley, however, an attorney for VoterAction.org --- one of several non-partisan organizations leading a voter lawsuit demanding a revote in the election --- tells The BRAD BLOG that "the statement on the Sarasota website is false" and that voters were not given such an option on November 7th.

We also inquired about the matter on Friday afternoon with the office of "the Honorable" Kathy Dent, Sarasota County's Supervisor of Elections...

--- Click here for REST OF STORY!... ---

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