It's incredible (or is it at this point?) but the lawsuit filed by several Colorado voters to ban touch-screen voting machines manufactured by Diebold, ES&S, Hart InterCivic and Sequoia in the state has revealed that the state's appointed "expert" --- responsible for certifying voting systems --- has no actual college training in computer science and failed to do any actual testing of the systems before certifying them!

As reported in an excellent article from Rocky Mountain News news this morning...

The issue was also covered quickly in a Denver Post article last night:

Guest Blogged by John Gideon

Sarasota Alliance for Fair Elections (SAFE) has just announced that a Sarasota County Judge has found in their favor and against the county voting officials and the Florida Secretary of State.

SAFE had been proposing a ballot initiative that would require voter verified paper ballots and independent random audits of election results in Sarasota County. The County Commissioner chose to go to court instead of allowing the legal petition to move forward.

The press release from SAFE says:

This is a big announcement from a hard-working group of activists who still have an uphill battle to force their county to use a voter verified, auditable voting system.

Guest Blogged by John Gideon

Today Oneonta, NY's The Daily Star reported that Chris Zachmeyer, executive director of the Catskill Center For Independence, said Tuesday that voting-machine manufacturers have tried to contribute money to her organization, which has given testimony on which voting machines Otsego County should buy.

But with "millions of dollars at stake" it may well be that "back-door deals" may have been made as Voting Machine companies may be paying disabilities groups to testify on their behalf. It wouldn't be the first time.

As the article goes on to report...

"More evidence tonight that the security of our elections, the integrity of our democracy are at risk from electronic voting machines. A county in Iowa has just come close to putting the wrong candidate in office because of a massive programming error."

This Dobbs report underscores the problems in the Busby/Bilbray CA50 election fiasco, as the candidates shown as losing the election based on the optical-scan count in Iowa were later found to be winners --- but only after the ballots were actually counted by hand to determine if they were counted accurately by the machine! They were not.

By way of ironic side note, the Iowa Republican primary election in question, as we've noted here many time before, took place on June 6th --- the same day as the flawed Busby/Bilbray election...in which nobody has yet bothered to count the op-scan votes in order to find out if the results were reported accurately. Election integrity, it seems, is more important in some states than in others, we guess.

Says Dobbs in his closing remarks to Kitty Pilgrim: "If this message is not getting through that's emanating from every corner of the country using these voting machines, I don't know what it will take."

Video in Streaming Flash format...
Video in Windows Media format...

(Hat tip David Edwards for the video, John Gideon for the transcript and tracking, etc.)

The complete text transcript of the Lou Dobbs/Kitty Pilgrim report follows...

Guest Blogged by John Gideon

Readers of The BRAD BLOG know that the state of Arkansas had a "Train Wreck" in their primary election and that much of the blame was laid at the feet of their voting machine vendor Elections Systems and Software. Now the Associated Press and The Arkansas Democrat Gazette both report that an independent study has been done at the request of the state and the study agrees with what The BRAD BLOG has said all along.

According to the Associated Press article:

and they go on to report:

ES&S has the largest slice of the voting machine business in the country. They found it impossible to support a string of state primaries held over a 5 to 6 week time span. How are they ever going to be able to handle a general election where all 50 states vote at the same time?

Video in Streaming Flash format...
Video in Windows Media format...

NOTE FROM BRAD: I'm still out on the road, will be for a while, and thus unable to check into the net with much frequency! Not getting all of my email either because of it, so my apologies. Thanks Dave for getting this up! More when I am able to check back in from a location with net access and enough time to get caught up-ish.

In a just issued Media Release SimmonsCooperLLC has announced that their client, Avante International, has decided to sue Diebold, Elections Systems and Software (ES&S), and Sequoia Voting Systems for infringing on their patents for voter verified paper audit trail printer and some optical-scan patents.

The full Media Release follows...

Blogged by Brad from San Diego...

Just in from tonight's Busby/Bilbray Democracy Shindig in Oceanside. A great event with a lively turnout (including our old buddy Jim Lampley in da house.) As promised after last night's LA event, more as soon as I can catch my breath.

Until then, here's last night's Lou Dobbs, which I think was terrific. Be sure to watch it (or read it, transcript below the fold) until the end. Lou is gettin' angrier by the day...

I posted the results of the "Quick Poll" this morning before leaving Los Angeles. In case you missed it, the question was "Do you believe that e-voting machines should be disallowed until their integrity can be assured?" The results... YES: 97%, NO 3%.

Could America finally be coming to its senses?

Too exhausted to comment on this tonight with much detail, so please be my guest and "be the blog" for us here in comments. I will point out, however, that it's nice to see folks finally discussing the threat of Palm Pilots and other PDA's (personal digital assistants, as opposed to Progressive Democrats of America) and their wireless capacity posing a threat to these stupid systems as well. Kitty Pilgrim broaches the topic in this report from Tuesday which covered the release that day of the new NYU Brennan Center report on E-Voting security. We orginally discussed the alarming possibility of a voter with a PDA when we ran an exposé on the wireless Infrared (IrDA) port we photographed on one of the older paperless Diebold touch-screen systems.

Video in Streaming Flash format...
Video in Windows Media format...

The complete text transcript follows...

Must hit the road shortly to take the Democracy Train down to San Diego for tonight's Emergency Townhall on the Busby/Bilbray election results fiasco. If you're anywhere near San Diego or Oceanside please come out tonight! We had a great time last night in Los Angeles!

More on all of these as soon as I can catch my breath. The fine lower-cased blogger, skippy the bush kangaroo, was amongst those in attendance last night (as was Joseph Cannon of Cannonfire) and so I'll defer for the moment to skippy's coverage (since I don't have time for any of my own right). Skippy got a coupla small points slighly wrong, but I suspect he'll update since I let him know. As BRAD BLOG readers realize, unlike with AP and NY Times accuracy counts for bloggers.

Lou Dobbs report last night on the Brennan Center's year-in-the-making report on 120 threats to E-Voting Security was fan-damn-tastic. When I can catch my breath, I hope to get it, along with the video, posted in full. And more thoughts on that Brennan Center report. But for now, by way of teaser, Dobbs started it this way: "More evidence tonight that an increasing number of elections in this country can be outright stolen. And no one would ever know. It's incredible."

And, as of this hour, here are the results from his "Quick Poll" on this topic last night (you can still vote yourselves if you want)

Any questions? We're told he'll still be on the same beat tonight (6pm ET, 3pm PT --- you can send thank you notes/comments here to Dobbs for all of his very responsible coverage over the past three weeks and counting!)

Last, but most certainly not least, Washington Post covered the Brennan Center report themselves this morning. They highlighted the very message we've been trying to convey to Francine Busby, the voters in San Diego and across the nation over the last three weeks. The WaPo article begins this way...

See you tonight in San Diego!

A long awaited study of electronic voting machine security by computer scientists and security experts has been released this morning by the Brennan Center of Justice at the NYU School of Law.

Given preparations for tonight and tomorrow's "Emergency Townhall" events on the Busby/Bilbray mess (I'll be emceeing and "keynoting"), I've yet to be able to read the long report any more than cursorily, so I'm forced to defer for now to USA Today's coverage of it from this morning...

Here's the complete Executive Summary [PDF] of the Brennan Report.

UPDATE 6/30/06: The complete Brennan Center for Justice report is now posted here [PDF]. Their press release announcing it is here.

By John Gideon, Executive Director VotersUnite.Org

There is, for good reason, much concern and a lack of confidence in the process for federal qualification/certification of voting systems. Independent Test Authorities (ITA), who test the systems against federal standards, are not really 'independent' because they are paid to do testing by the vendors who also provide the test parameters. They look where they are told to look and go no further than that.

The next step in the process is review of the ITA test and the voting system by a panel of 'experts' called the Voting Systems Board Technical Committee. This committee is under the auspices of the National Association of State Elections Directors (NASED). One might think that this part of the process would be free and clear of any reason for concern. One would be wrong...

The map at left shows recent ballot programming flaws across the country. (Click it for details). It is by no means indicative of all flaws. Just the ones we know about. So far.

These are just some of the places where there may be failures in Nov. 2006. How can companies that can't program a couple state's machines for a primary election do 20 to 40 states all at the same time?

Trainwreck ahead. Don't say we didn't warn you.

From AP today...

Congratulations to the State of Arkansas for putting voters and the integrity of their votes over the a horrendously flawed federal statute (HAVA) rammed through Congress by a soon-to-be-indicted criminal.

If it wasn't the disasters that AR has faced so far this year in ES&S's disastrous administration of elections in that state, perhaps it was the morality tale that played out on ES&S equipment in Pottawattamie County, Iowa last Tuesday that pushed them over the edge. Either way, glad to see it. We hope the other 45 states where ES&S runs elections (or, more aptly, ruins elections) will take note.

For a bit more background on the ES&S disasters in Arkansas, see this:
ES&S MELTDOWN: Arkansas Remains an Utter Disaster...
or this:
ES&S MELTDOWN: ARKANSAS PRIMARY A DISGRACE, DISASTER!
or search BRAD BLOG for "Arkansas".
(Hat tip to Doug K.)

More shortly concerning my reporting on the questionable Busby/Bilbray elections results in the U.S. House special election to fill "Duke" Cunningham's CA 50th congressional seat. In the meantime, this article from yesterday's Daily Nonpareil in Iowa, about Tuesday's Republican primary there, underscores precisely what I was talking about in my report on Busby/Bilbray yesterday.

After optically scanning absentee ballots in a Republican Primary on Tuesday in Pottawattamie County, a popular, long-time incumbent was trailing a first-time college student candidate by 20 votes. Since that seemed odd, the County Auditor decided to count the absentee ballots by hand and indeed found that the incumbent had won the count instead!... By 128 votes instead of having lost it by 20!

Anybody beginning to get this yet? (...thump, thump...is this thing on?...)

In this case, the new optical scan computers being used for the first time were reportedly made by ES&S. (The ones used in Busby's San Diego race were made by Diebold). Here's more details...

How bad is the ES&S meltdown in Arkansas? Really bad...

Of course, we ran a series on things as they were falling apart before, during and after their recent primaries. (See this story for a quick primer). Apparently, things have gotten no better out there.

Then ponder that ES&S has so far failed in about 10 states. These are just the primaries. With low turnout. On separate days. How do you suppose things will go for a general election. With large turnout. When ES&S has to service all 46 of their states at the same time?

This quote, from today's article on the mess they're still in, says it all:

Now where have we heard that before?