In a complaint said to be the broadest yet filed to halt the rise of the electronic voting machines, a non-partisan group of voters have announced they are filing suit today in Colorado to stop the purchase and use of Direct Recording Electronic ("DRE" or touch-screen) voting machines in the state, The BRAD BLOG can now reveal.

The suit, being filed today in Denver District Court and modeled after similar actions filed previously in California, Arizona and New Mexico, calls for an immediate halt to the use of touch-screen machines made by all four of the major electronic voting machine vendors currentlly doing business in Colorado.

The group, advised and organized by VoterAction.org contends that voting machines made by Diebold, Sequoia Voting Systems, Election Systems and Software Inc. (ES&S) and Hart InterCivic "have a well-documented history of problems with security, reliability, verifiability, and disability access."

According to a press release issued this morning (posted in full below) by the Denver law firm of Wheeler Trigg Kennedy LLP the machines "are easily hacked and compromised, and have a history of operational problems which have disrupted elections across the country."

Defendants named in the suit include Colorado Secretary of State Gigi Dennis and the Boards of county commissioners in 9 different CO counties.

"The Secretary of State's Office has failed to issue rules setting minimum standards for security of these systems. The election rules permit the DRE manufacturers to simply tell the State that their machines are secure," said Wheller Trigg Kennedy attorney Paul Hultin in the release. "Worse, the Secretary is not following the law. No certification reports required by law have been prepared even though these systems have been certified for months and counties are preparing to use these dubious systems in the upcoming election," he says.

"Some of the security risks with these machines are so high that it is unconscionable that their manufacturers, who have known of the problems for years, have not taken the necessary steps to correct them," says Univesity of Iowa computer science Professor Dr. Doug Jones, who is one of several experts who will be offering testimony in the case.

"The Help America Vote Act is being turned on its head, weakening the integrity of our elections in the rush to purchase untrustworthy DRE computerized voting systems," said Lowell Finley, Co-counsel for the Colorado voter plaintiffs, election law expert, and Co-director of Voter Action, according to the release. "The sanctity of our elections is too important to turn over to private corporations which operate without accountability. There are better and more secure options available, such as optical scan-paper balloting."

The complete filing is now online here [PDF]...

We're busy covering the Robert Kennedy article on Election 2004 in Rolling Stone today (we'll have extended excerpts on BRAD BLOG shortly), so we'll leave you with the complete press release below for more details on this developing case...

We reported earlier this week about an ad placed on the Internet by Kelly Services seeking temporary workers for the upcoming California primary elections in San Francisco.

The ad sought workers to "assist in dropping off election voting machines and picking these machines up when voting is complete." (See our full story and the complete text here.)

That ad has now been removed from Monster.com. We'll try and offer some updates if we can gather any additional information about the removal of the ad.

As we noted in our original story on Tuesday, the ad was notable given CA Sec. of State Bruce McPherson's recent approval of Diebold voting machines shortly after it was revealed, and then confirmed by his own independent analysis [PDF], that those machines were vulnerable to hackers. After the revelations, McPherson implemented what he described as increased physical security procedures to protect such machines from tampering --- procedures which would seem to be out the window by allowing $11.99/hour temporary workers hired from the Internet to shuttle California's electronic voting machines, unsupervised, before and after the election.

Apparently the systems in question in San Francisco are reportedly made by Diebold's "rival" company ES&S. Unlike Diebold's systems, ES&S's have never faced the rigorous independent "hack testing" that systems made by Diebold have undergone. Given our lack of knowledge, therefore, about the security in ES&S electronic voting systems and whether or not they are any more or less prone to hacking than Diebold's systems, it would seem that allowing unknown individuals to have unsupervisored access to those machines is equally as irresponsible as McPherson's own less-than-safe security measures as recently prescribed for Diebold systems.

We will, of course, keep you updated with new developements as we are able to acquire them.

A sample from the original screen shot of the Internet ad posted by Kelly Services on Monster.com. Click the graphic below for the complete story...

Guest Blogged by John Gideon, with Brad Friedman

Elections Systems and Software (ES&S) has finally shown us why they should not be in the elections business. The disgraceful primary election in Arkansas yesterday is a prime example. It was, and continues to be, an utter disaster today. The day after.

Brad and I both have been overwhelmed all day with the number of reports coming in on the complete failures by ES&S in the state yesterday. So much so, that it's difficult to even know where to begin. Thus, tonight's late report --- with general details and enough links to set you on your way to inform yourself about what the hell is going on here.

In our best (if fruitless) attempt at brevity, however...

Another Primary Election Day. Another E-Voting Mess. This time in Arkansas.

Mind you, this comes on the heels of earlier announcements that several major counties in Arkansas would be forced to use paper ballots instead of electronic machines after ES&S failed to deliver ballots and programming on time for the start of elections (something like the 10th state in which this has happened with ES&S so far this year, as regular BRAD BLOG readers know. But shhh...don't tell anyone!)

On Monday, the day before the election, at least one county election director in Arkansas pleaded with voters to choose paper on Election Day. "Grab a paper ballot, vote it and put it in the ballot box. It will go smoother," Benton County's election coordinator told voters on Monday.

Well, now it looks like ES&S has failed even further (we're shocked, shocked!) as tabulators in some counties failed to work at all, so ballots can't be counted until tomorrow at the earliest. And now the AR Secretary of State wants some answers about all of it.

From AP tonight...

So much for those vaunted claims by California's Sec. of State Bruce McPherson and his partners at Diebold, Inc. about increased security surrounding the physical access to electronic voting machines in light of newly revealed vulnerabilities to easy tampering.

A tip received by The BRAD BLOG on Monday reveals that Temp Workers are currently being sought in San Francisco for California's upcoming primary election to "assist in dropping off election voting machines and picking these machines up when voting is complete," as the says.

A classified ad seeking the workers is currently posted on the Internet at Monster.com by Kelly Services. (A screenshot of the complete ad is posted at the end of this article.) The salary offered to temp workers hired for the job --- who will have private unsupervised access to the state's voting machines before and after election day --- is $11.99/hour according to the posting.

A litany of recent studies and independent scientific analyses of electronic voting machines, in California and elsewhere --- and reportedly widely in the mainstream media of late --- have warned that such systems and the data they contain are easily alterable via such physical access.

State and voting machine company officials have now admitted as much, but claim that stringent security procedures ensure that the danger posed by such access can be mitigated.

The ad, however, seeking temp workers for three weeks beginning on May 31, the week prior to California's June 6th primary election, would seem to belie official claims, while serving to underscore the extraordinarily precarious and dangerously vulnerable state of our current electoral system...

Following on our earlier report today, covering 100's of electronic voting machines in Philadelphia which failed to start up this morning for Pennsylvania's primary election, we now have a similar report from the other side of the state.

100's of machines in Allegheny County, where Pittsburgh is located, also failed to work correctly today. If we're able to remember correctly (since the story doesn't name any voting machine company names), Allegheny County finally settled on voting machines made by ES&S, after they abandoned hopes of going with Diebold when their machines were found to be hackable, and then later found machines from Sequoia Voting Systems --- who they'd planned to use instead --- were discovered to be similarly hackable.

ES&S eventually won the prize, just weeks before today's primary --- we warned about going with a new system with so little time to prepare, but did they listen? --- yet appear to have lost the day for PA voters, according to this report from Pittsburgh's Post-Gazette...

More details on the failures in the Post-Gazette's story. Amongst those details, apparently Sen. Rick Santorum (R-PA) was locked out of his polling place when an election worker failed to show up to open it this morning.

By John Gideon, www.VotersUnite.Org and www.VoteTrustUSA.Org May 15, 2006

Yes, the wheels are wobbling on the locomotives. The vendors --- ES&S, Diebold, and the rest --- attempt to keep a stiff upper lip as they both fail to perform, yet continue collecting tax-payer dollars from the county election coffers. Meanwhile some elections officials have just turned a blind-eye to what is happening while they continue to make excuses for their vendors: The private corporate American Electronic Voting Machine behemoths that are being paid to take over America's Public Electoral system.

And the Election Assistance Commission (EAC) which was put in place by the Help America Vote Act (HAVA), theoretically, to keep all of this from occurring? Well, all they do is raise their hands and shrug and tell anyone who asks, that they don't do voting systems certification so they just don't know anything. The Sergeant Schultz Defense, perhaps?

From WISH-TV...

From today's Tennessean...

As usual, btw, the reporter gets the story wrong with the same misinformation concerning the Help America Vote Act (HAVA):

As if we haven't repeated this hundreds of times here: HAVA requires one disabled-accessible voting device (not machine!) in each polling place (not precinct, though that error is one we had made previously ourselves). Larger point being that there are other devices for voting that can be used which are not "machines" --- despite how much the vendors appreciate the mainstream media doing their misinformation for them.

Guest Blogged by John Gideon

Just hours ago Betty Ireland, the Secretary of State of West Virginia filed a formal complaint against ES&S with the federal Elections Assistance Commission. A story in the State Journal quotes Secretary Ireland:

There have been failures all over the state. A small sampling of problems gives us:

The national media? Mums the word for them, it seems.

By John Gideon, Executive Director, VotersUnite.Org and Information Manager, VoteTrustUSA.Org --- May 8, 2006

This has been another week of "Train Wrecks" across the country. Three states had major primaries with mixed success and failure, a few states had local elections with failures, and some states are preparing for May primaries and they are meeting the "oncoming locomotive" as they can't get machines or software for the machines and are having to revert to paper ballots or lever machines.

Elections Systems and Software (ES&S) is now facing investigations, lawsuits, or just plain pissed-off elections officials in West Virginia, Arkansas, Missouri, Indiana, Texas, Pennsylvania, California, and other jurisdictions. And now we learn that Diebold has a huge security vulnerability that all voting systems experts who know the details are very concerned about.

Next Tuesday, May 9, finds the train barreling down on primary elections in West Virginia and Nebraska. May 16 brings potentially hazardous primary election whistle-stops in Kentucky, Oregon and, the grand central station that is Pennsylvania.

Let's take a look at some of the continuing derailments from the past week, about which prompted Brad Friedman of The BRAD BLOG to ask of D.C. politicians and, more notably, the National Mainstream Media: "Is anybody there? Does anybody care?"

As Diebold implodes on the latest news that all of their touch-screen voting machines contain a perhaps-uncorrectable flaw being described as a "major national security threat," the largest of the country's Electronic Voting Machine Companies, ES&S continue to meltdown all across the nation.

On the heels of similar failures in Indiana, Oregon, Texas, West Virginia, Arkansas and elsewhere, Missouri now joins the crowd as the latest state to report failures by ES&S to deliver ballots, machines and software programming in time for elections this year.

Five counties in Missouri have announced they are going to "Plan B" (creating their own paper ballots, or returning to their old lever systems) in preparation for early voting which is to begin Monday in the Show Me state.

Problems are being reported in Boone, Carroll, Marion, Newton and Searcy Counties. Here's a sample of refrains that are starting to sound incredibly familiar:

Dear Washington D.C. and the National Mainstream Media: Is anybody there? Does anybody care?

(Thanks to BRAD BLOG reader Mark M. for the tip from my home state!)

Add this to our previous report on the Diebold Disaster in Cuyahoga County, Ohio during yesterday's Primary Election. The Cleveland Plain Dealer headlines their story: "First all-electronic election marred by problems".

As expected the word "Glitch" makes it's way quickly into the headlines in Columbus Dispatch's coverage ("Glitches delay voting and reporting of results") as they cover problems across a number of counties, including counties that use ES&S machines which also failed in a number of locations. Inevitably, the poll workers are blamed by officials, of course.

As to Cuyahoga, the Plain Dealer has set up a running blog on their website covering the ongoing problems. Here's the latest...

From the Pine Bluff Commercial...

===
CORRECTION:
As you'll see below, in the flurry of today's breaking Primary Day news we had originally reported the above as having occurred in Jefferson County, Texas, as opposed to Jefferson County, Arkansas. The information following, concerning the problems in Jefferson County, TX, are still accurate, however, in regards to what happened in that Texas county, which also mirrors the problems as reported above in Jefferson County, Arkansas. Nonetheless, the original headline for the story, referring to Texas, was inaccurate. It should have said Arkansas, and we've now made that correction. The BRAD BLOG regrets the error.
===

As regular readers know, The BRAD BLOG has been extensively covering the E-Voting meltdown issues, with a particular eye towards the failure of ES&S, America's largest E-Voting vendor.

Texas, in particular, has been a mess of late. See our previous coverage of the ES&S meltdown in the state where the Secretary of State has instructed to create "emergency paper ballots", purchase storage containers for them, and extra staff to manually hand-count them.

Jefferson County specifically had previously tried to withhold payment from their vendor, ES&S, after enormous failures by the company during the county's March 7th primary. Reportedly, however, they were strong-armed by ES&S and told they would not program machines and ballots at all for the upcoming runoffs if payment was withheld.

We are hearing quite a few reports of similarly thuggish behavior, threats and tactics from ES&S and hope to have more details in a future report.

Unfortunately, States and Counties have sold off their public responsibility to carry out accurate and transparent elections to private corporations to whom they are now entirely beholden. On one side, there are the failing private Voting Machine Vendors, and on the other side, the U.S. Dept. of Justice threatening to sue when states and counties don't comply with the Help America Vote Act (HAVA) which kicks in this year.

Of course, as we've reported previously, it's the voters who are paying the real price for their democracy vanquished.

By John Gideon Executive Director VotersUnite.Org and Information Manager VoteTrustUSA.Org

When asked by a reporter, "Which is harder to manage, your two children or ES&S?" Marion County, Indiana Clerk Doris Ann Sadler told the Indianapolis Star this week, "Oh, ES&S, definitely. My children are really very easy. In fact, at times I think my children would have done a better job with the voting machines. And they're (ages) 7 and 4."

The Electronic Voting Machine Vendor locomotive is still running away down the track at an alarming speed. However, this week some states and county election officials seem to be beginning to notice and are now sending out signals that they intend to either stop the train or � barring that --- at least ensure that companies such as Election Systems and Software (ES&S) do not profit too much from their arrogance, ineptitude and now epidemic failures.

Legal complaints against the company were filed this week in West Virginia and Indiana to add to the one previously under way in Oregon. Threats have been heard from Texas, Arkansas, Ohio and elsewhere. Election officials have been forced to change voting procedures in many states and counties to accommodate for ES&S' growing array of failures.

Meanwhile no one seems to be talking about the people who will be most affected by this train wreck; the voters�