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] ...

The Associated Press is now joining the Tallahassee Democrat in a complaint sent to the Florida Attorney General objecting to an open meeting in the state's capital last Monday which Florida Sec. of State Sue Cobb suddenly took it upon herself to close. She then called the capital police and ordered them to remove reporters from the area.

Earlier this week, The BRAD BLOG reported on the aborted "open meeting" as called by Cobb with Leon County Election Supervisor Ion Sancho and two other county commissioners. The meeting was called in order to discuss the situation in Leon County, where Sancho recently revealed that Diebold optical-scan voting machines could be hacked without a trace left behind.

Sancho told The BRAD BLOG last night he felt "there was no reason" to close the meeting.

"There was nothing we talked about in there that needed to be kept secret. They just don't like open meetings. They like doing their business in secret," Sancho said.

Cobb, on behalf of the state, has been putting pressure on Sancho to purchase new voting equipment, threatening him with removal from his elected position, and suggesting that U.S. Marshall's might come in to run the county's election. That, despite the fact that all three companies certified to do business in the state have now refused to work with Sancho.

Voting Machine Companies, it seems, don't like doing business in the open either.

The meeting last Monday --- held on the first day of "Sunshine Week" celebrating "open government" in Florida --- was suddenly closed by Cobb who then called the police to remove reporters.

"On the first day of 'Sunshine Week' it was a pretty stupid thing to do," Sancho said.

According to the Tallahassee Democrat, both they and the AP have now sent letters of complaint to Florida Attorney General Charlie Crist and State Attorney Willie Megs "expressing outrage" at being barred from the meeting in apparent violation of state law.

As reported by the Democrat...

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...

Add St. Louis County, Missouri to the growing list of Elections Boards around the country who have now rejected Diebold, Inc. voting machines in the last-minute scramble to select new election hardware, prior to the Jan. 1, 2006 Help America Vote Act deadline to have such "upgrades" paid for with Federal tax dollars.

The bad news for the once-great, now-disgraced Diebold, Inc. (stock symbol: DBD) of North Canton, Ohio, comes as the latest blow in a long string of disappointments for the company, which last week saw the resignation of its CEO, the filing of several Class Action Securities Fraud lawsuits, and the devasting revelation that their voting machines can be easily hacked, allowing the results of Diebold elections to be completely reversed.

The loss of the contract in St. Louis County, who chose to go instead with Election Systems and Software, Inc. (ES&S), is estimated by the St. Louis Post-Dispatch to be at least $9.6 million.

The last minute decision came amid intense lobbying by both citizens' election integrity advocacy groups and paid Diebold lobbyists --- at least one of whom was reported to have inquired about both The BRAD BLOG itself and the financial background of the father of yours truly!

There are also growing concerns about the security of voting equipment sold by ES&S, as well, in light of various states and counties around the country selecting them, instead of Diebold, as the contractor to privatize their public elections.

The County's decision to go with ES&S, instead of Diebold, comes just days after the City of St. Louis (distinct from the county) decided unanimously to go with Diebold. The City's decision occurred even after Diebold's machines were exposed as completely insecure in a so-called "hack test" in Leon County, Florida that resulted in the tally of a test election being completely reversed. A few days later Volusia County, Florida decided against Diebold, and shortly thereafter the State of California "punted" the issue, for now, back to the Feds, stating there were "unresolved significant security concerns" with Diebold's voting machines. The California decision, though not yet definitive, is undoubtedly one of the biggest blows for Diebold, since it is regarded by the company as America's largest "voting market."

The City of St. Louis may come to regret their decision as much as they eventually came to regret allowing the County to split off from it, back in the days when the County was sparsely populated and seen as draining tax dollars from the City. Today, St. Louis County's population is over 1 million, while the City continues to stagnate at a population of just over 300 thousand.

According to reports from both grassroots organization Missourians for Honest Elections and Jo Mannies of The Post, information and concerns about about the latest failures of Diebold voting machines, brought to the County's Board of Election by citizens, was crucial to the BoE's decision. As reported by Mannies in a story on The Post website last night:

In the version of the story which ran in today's paper, the following addition to the above was found:

There was no explanation for that added quote and we have been unable to reach Mannies for comment today.

According to Virginia Harris, a volunteer with Missourians for Honest Elections, St. Louis county resident Harvey Friedman (father of this blogger) was instrumental, along with several others, in bringing the latest disturbing news about the Diebold company to the attention of the Board of Elections.

On a personal note; While my father has never shown a proclivity towards political activism in the past, to the knowledge of this exceedingly proud blogger, I couldn't be more impressed with his tenacious efforts to inform the St. Louis County BoE members of the many growing concerns about Diebold, and to hold their collective feet to the fire in the bargain. The tree, apparently, does not grow far from the fallen apple. Thank you, Dad. And congratulations for the positive effect of your good work in my old home town!

The activism of Friedman the Elder, and the reporting of The BRAD BLOG, apparently has not escaped the notice of at least one person, said to be a Diebold lobbyist present at the series of recent BoE hearings in St. Louis. After Mannies of The Post ran a short blog item highlighting both our hometown connection and our father --- whom she met and interviewed at the hearings --- Lou Hamilton, reportedly representing Diebold, was said to have "thanked" Mannies for "the outing of BRAD BLOG" (whatever that might mean) and to have asked her "Who is Brad's father? What does he do for a living?", according to a report of the incident.

Hamilton is apparently the CEO of "strategic communications consulting service" Hamilton & Company, and described in an article by Mannies as "a prominent Democratic consultant." More information on Hamilton and his company is available here. We have been unable to reach either Hamilton or Mannies for additional comment on the information reported above, which was emailed to us yesterday.

While attention to the many anti-democratic maneuvers of Diebold, whose former CEO Walden O'Dell infamously pledged his personal committment "to helping Ohio deliver its electoral votes" to George W. Bush in a fundraising letter to Republicans prior to the 2004 election, has been increasingly well-publicized, ES&S has escaped the scrutiny of many Election Reform advocates.

The fact, however, is that ES&S' voting machines are not known to be any more secure than Diebold's, as reported in an eye-opening article yesterday by Wired News. In the report, adjunct computer science professor at the Florida Institute of Technology, Hugh Thompson, who also took part in the Leon County "hack test" last week, is concerned about the voting equipment being purchased from companies other than Diebold:

Earlier this year, ES&S acquired distribution rights to the AutoMARK system, which has been described as far superior and far more secure than ES&S' own touch-screen and optical scan voting machines. As well, the AutoMARK system, which produces a paper ballot for every vote cast, is said to be accessible to disabled citizens in ways which ES&S and Diebold machines are not, according to a number of disabled citizen's advocacy groups. In Florida's Leon County, the Board of Elections has decided to contract with ES&S, with the intention of using the AutoMARK system once it becomes certified by the state.

St. Louis County's BoE has decided against the AutoMARK system, and instead will purchase 1,750 ES&S touch-screen machines for use in municipal races, along with 500 precinct-level optical-scan tabulators for use in Federal races, according to Harris, with whom we spoke by telephone earlier today. She suspects that ES&S is not dealing honestly with their newly acquired "partners" at AutoMARK, whom she contends ES&S is "defrauding" by over-pricing and under-representing their machines when dealing with potential clients on State and County elections boards.

"In my opinion, ES&S fraudulently priced the AutoMARK machines so high on their bid, that there was no way they could compete with ES&S's DRE [touch-screen] machines or anybody else's for that matter," she told us. Harris claims to have a copy of the bids submitted and hopes to share them with The BRAD BLOG soon.

The wrangling over which vendor to select in St. Louis County occurred shortly after several "closed door sessions" of the St. Louis County Board of Elections, who met privately with Voting Machine vendors and locked out the public and election integrity advocates. Those "closed door sessions" appear to be in violation of Missouri state law, and since then, The BRAD BLOG has learned, "Freedom of Information Act" (FOIA) requests have been filed with the County for the minutes of those closed door sessions. We will, as always, keep you up to date on details that may be revealed by those FOIA requests if and when the County complies with them.

Something stinks to high heaven about these people and their new report. And not simply because they're based in Houston, TX, (though it certainly doesn't help their case) but the fact that they are directly funded by Voting Machine companies such as Diebold, ES&S and Sequoia immediately destroys any credibility they might have otherwise had when it comes to making decisions about our Electoral System in desperate need of reform.

ElectionCenter.org claims to be a non-profit, non-partisan, professional organization of Elections Workers. Today, they have released a new report [large PDF] with recommendations on how to improve America's Electoral System.

The AP covered the new report in a story yesterday which shines a fairly positive light on it yet manages to include a couple of paragraphs which jump out as huge red flags. Here's a couple of them from the AP story [emphasis added]...

So here we have yet another "nonprofit, nonpartisan" organization dedicated to Election issues, who have a clear conflict of interest due to their financial alliance with the Voting Machine Companies instead of the American Citizens whose interests they claim to represent.

Unlike the now-discredited "American Center for Voting Rights", a phony front group founded by GOP operatives as a smokescreen for real Election Reform issues, Election Center has been around for a number of years. But their claims that their mission is to "improve service to voters, the public, the taxpayers and to government" is completely belied by the companies they keep...or that keep them...

Here's a screenshot of the agenda from their upcoming August "National Conference" in Beverly Hills/Hollywood. It will likely tell you all you need to know about this group:

A few Googles of the various election officials associated with this organization and their new report should answer any other questions you may have. These people (folks like Palm Beach's Theresa LePore and Los Angeles' Conny McCormack to name just a few) are certainly not in the business of fighting for the voters' best interests.

Suffice to say, if Election Center expects any recognition for their recommendations for Electoral Reform from the Election Reform community, perhaps they should have thought of that before selling that option off to Diebold and friends.

There's been much talk about the 97,489 more votes than voters cast in Cuyahoga County, Ohio. A plausible explanation for the huge difference between votes and actual voters, as reported via the Cuyahoga County website), is being attributed by County Officials to the strange method they have for including absentee ballots into the vote counts separately from the Election Day voters. Or something.

So setting that oddity aside for the moment, take a look at this interesting graph. I have not been able to confirm the specific numbers it shows, so I can't testify to it's accuracy, but I'm posting it here because, if accurate, this seems worth getting out to the world for further scrutiny.

Though it's difficult to read this small, the trend-lines are all that really matter here (The full sized graph is here).

If correct, this graph would seem to show that precinct-by-precinct in Cuyahoga County, Ohio --- where Cleveland is, and thus it's a heavily Democratic county --- the larger the turnout in each precinct, the smaller the percentage of the vote for Kerry!

The GREEN trend line is the size of voter turnout in each precinct, and the BLUE trend line is the percentage of votes for Kerry.

While conventional wisdom is often wrong, if the above numbers are accurate, it does seem a bit odd to say the least that the higher the turnout in a strongly Democratic county (Kerry won Cuyahoga 63%-33% if I recall correctly), would result in a smaller percentage of votes for the Democrat!

I don't know what to make of it, or how to explain it, but it seems worth putting out there for the armchair investigators.

UPDATE: I was asked what the balloting/counting methods are in Cuyahoga County. Apparently punch card, as counted by machines made by our old friends at ...Election Systems and Software, Inc. (ES&S). Source

I referred to Auglaize County, Ohio in the previous item as having the 4th highest percentage of votes for George W. Bush in all of Ohio.

The Evening Leader is reporting on some very strange goings on in that county just prior to the election when the entire Elections Board was notified by Sec. of State J. Kenneth Blackwell's office that they were being placed on "administrative oversight". No explanation was has yet been given by the Ohio Sec. of State's office.

The nugget that caught my eye was this report of an ES&S employee reported using the main vote tallying computer --- against election protocol --- about two weeks prior to the election:

I've attempted, to no avail, to get more information on this story since the original report is not particularly well written, and offers quite a few vagaries. I couldn't reach the original reporter and Mr. Nuss did not return my call. Few other reporters seem to be looking into it. So at this point, I think it's important to get the story out there, and let the Internets take over. (Since apparently the Mainstream Media is more interested in Scott Peterson's hung jury, than the will of the people in the world's most important democracy.)

Why is it only in heavy Democratic counties that votes just seem to disappear? But in Republican counties, votes just seem to get added? This time, "something zapped it" in a heavily Democratic country in Indiana:

Dots connecting yet for ya? If not, read on. Otherwise, I'm working on trying to organize some "action items" now. Hope to have news on that in the next day or two...

How many of these is it gonna take before the "Grownups" in the Media and the DNC realize what seems to be going on here?

Uh...perhaps it's the fact that ES&S employees are operating these machines?? Instead of Election Officials?! Isn't that the law in these matters?

Folks are beginning to pay attention, guys!

Wired Magazine is now reporting that three Members of the U.S. House of Representatives Judiciary Committee are now calling for an investigation of the troubling incidents that we've been reporting concerning irregularities in Tuesday's vote counting!:

Click for complete story...

Keep up the noise, guys! They're starting to listen! I've had other unconfirmed reports about both Dems and the Kerry campaign beginning to take notice of all of this as well!

UPDATE: House Judiciary Committee Letter to GAO, as mentioned above, available here in PDF format. (Hat tip "Shari H-D" for the link!)

In a different North Carolina incident to the one we've already report where some 4500 votes were lost for good from a single NC E-Voting machine, The Sun-Journal is now reporting additional North Carolina E-vote errors:

This machine in question, by the way, was also an ES&S machine.

The story also notes that "a national Republican political consultant who had watched the returns and had some concern that other precincts were involved in the problem entered the office." --- Hello? Are there "national Democratic political consultants" out there who are watching this stuff as well?!

Miami Herald now reporting that 70,000 votes were "discovered" last night in Broward County, FL for a gambling initiative that reversed the previously announced outcome. [emphasis mine, and mostly notable to those who have been following along with previously reported items]:

Hello? Connect. The. Dots.

(For more on the Optical Scan oddities in Florida, and info on who ES&S is, see this previous item.)