The November 3rd Election Day is nearing, so naturally the words "glitch," "hiccup," "snafu," and "snag" are back in the headlines, instead of the word "failure," which would be the appropriate one to use in such cases.

Today, it's our old friends in Sarasota, under the continuing and now-legendarily failed direction of Supervisor of Elections Kathy Dent and her latest failed voting system, this one an optical-scan system made by Diebold, featured in the Charlotte Sun's "Scanning glitch in vote machine test":

The machine that didn't work --- no, it's not a "glitch," it didn't succeed in carrying out the purpose for which it was designed and purchased anymore than a car which didn't start, or whose brakes failed could be said to have a "glitch" --- was the old, failed Diebold Accuvote optical-scan system, similarly used in hundreds and hundreds of counties in dozens and dozens of other states.

The "solution" Dent ultimately settled on in response to the failure of the machines made by Diebold (now calling themselves Premier and recently purchased by their larger competitor ES&S) is as bad, and as offensive, as the original failure itself...

A group of computer scientists and security experts from California's 2007 landmark "Top-to-Bottom Review" (TTBR) of electronic voting systems have sent a two-page letter [PDF] of condemnation to the U.S. Election Assistance Commission (EAC), taking the federal body to task for their approval of misused security findings from the TTBR in recent certification testing for a new e-voting system made by Diebold/Premier.

The voting system, Premier's Assure 1.2 --- made by Premier Election Solutions, Inc. (formerly named Diebold Election System, Inc. and recently purchased by Election System and Software, Inc.) --- was granted federal certification by the EAC last August under new test protocols which "should not have received the EAC's approval," according to the letter penned by Aaron Burstein and Joseph Lorenzo Hall, and signed by twelve other investigators and participants in the TTBR project.

The letter was addressed to the EAC's Director of Testing and Certification Brian Hancock, a longtime official at the commission with a disturbing background of helping to hedge test results for other electronic voting systems...

On this coming weekend's Ring of Fire on Air America Radio, attorney/co-host Mike Papantonio can't stop laughing as he reads our headline from last week: "Georgia Supreme Court Rules Unauditable, Unverifiable Elections Are Just Fine".

Though they give me the credit, it was Rady Ananda's story here last week which expertly covered Diebold's wholly unverifiable touch-screen voting machines receiving the thumbs up for use across the entire state of Georgia, where they've been using them since 2002. That, even though there is no way to determine that any vote ever cast on any of them has ever been recorded accurately as per any voter's intent.

Once Pap stops laughing at our headline, he and David Bender discuss the article noting its even more terrifying "subtext", our previous coverage of the horrifying ES&S takeover over of Diebold's election division.

"Bad as Diebold was, it's now gonna be ES&S, their largest competitor ... ES&S may be the single voting machine company --- this one Goliath that will be unaccountable, unauditable to anybody --- and that's really where we're headed," Bender accurately warns. He advises folks to call Congress at 202-224-3121 in support of Sen. Chuck Schumer's demand for a DoJ antitrust investigation on this matter. We'll also point you to BlackBoxVoting.org who instructs how you can send your own antitrust complaint to the DoJ.

Finally, after Pap details ES&S' legendarily monumental "screw-ups" over the years (his firm was one of those who took on the state of Florida and ES&S after their voting machines simply lost 18,000 votes cast in the 2006 FL-13 U.S. House race, decided for the Republican candidate by just 369 votes), they go on to say some extraordinarily kind things about our work here at The BRAD BLOG.

My thanks to both Pap and David along with the swell Ring Of Fire producers for tipping us off with the exclusive heads-up in advance of this weekend's show --- both for their coverage of this issue, and for those exceptionally kind accolades.

Here's the 4.5 minute conversation [MP3] to air this weekend:

Please see RAW STORY for the whole story, but Bush's former White House spokesperson Ari Fleischer pulled a slick, if sleazy maneuver on CNN's Larry King Live last night while undermining the wingnut "birthers" who believe that Obama is not a U.S. citizen:

Actually, there is "evidence of that being the case," Ari. Plenty of it. Beginning (but not ending) with this years-old independent study [PDF] by a media/academic consortium posted at the "conservative" American Enterprise Institute showing that when all the ballots in the state of Florida were counted --- by any standard (hanging chads, swing chads, pregnant chads, etc.) --- Bush lost and Gore won. By. Every. Conceivable. Counting. Standard. Period.

Other than that, yeah, "for everyone...who's a little lulu on the right, there's about 1.8 who's lulu on the left," as Fleischer misled.

Dishonest Moral Equivalence Accomplished.

The video from the 10/6/09 Larry King Live, also featuring whacky Rep. Michele Bachmann's evasion of whether the "birthers" are crazy or not, is posted below...

Guest Blogged by Emily Levy of VelvetRevolution.us

Notorious electronic voting company Diebold, which has been hiding its election division under the name Premier Election Solutions, has bilked California taxpayers out of more than $100 million dollars for its failed, faulty, illegally certified electronic voting systems.

Velvet Revolution has now launched a new campaign: Diebold: Return Our Money! at DieboldReturnOurMoney.com and we hope you'll sign on in support.

California officials recently discovered that ALL of Diebold/Premier's voting systems violate federal, and thus state, certifications guidelines! These systems do some or all of the following in violation of those certification standards and laws:

• delete ballots without notice
• allow the "permanent" audit log records to be deleted
• fail to properly record deletion of ballots
• insert incorrect time stamps on audit log items.

Yet Diebold has falsely claimed, for years, they their systems meet all federal voting system standards. Accordingly, VR demands that:

1) DIEBOLD: RETURN OUR MONEY!: Diebold/Premier has accepted well over $100 million in county, state and federal taxpayer funds in California for services which the company knew it could not perform. With California's devastating budget shortfall of $ 45.5 billion dollars, we demand the return of these funds from Diebold. The purchase price for hardware, software licenses, and maintenance fees should be returned to the State within 90 days. If Diebold's announced sale to Election Systems and Software, Inc. (ES&S) becomes final, California must be fully reimbursed nonetheless, whether from Diebold or ES&S.

2) SOS DEBRA BOWEN: DECERTIFY DIEBOLD!: Diebold/Premier products, currently used in 20 California counties (and some 34 states across the country, by the way), violate federal voting system standards and must be immediately and permanently decertified for use in the state by Secretary of State Debra Bowen.

3) AG JERRY BROWN: PROSECUTE DIEBOLD!: California's Attorney General Jerry Brown must immediately launch a comprehensive criminal investigation into Diebold/Premier's knowing use and sale of faulty election systems that have undermined our elections. Further, unless Diebold/Premier, within 90 days, refunds to California all monies paid for its fraudulent software and equipment, we call on the State of California to file suit against Diebold/Premier seeking the return of funds for breach of contract and fraud.

Visit the campaign page at DieboldReturnOurMoney.com to send a quick email to Diebold (c/o the aptly-named company rep Chris Riggall), SoS Bowen and AG Brown. Over 400 emails have already been sent in the first 48 hours of this campaign...

Guest Blogged by Rady Ananda

On Monday, the Georgia Supreme Court ruled [PDF] that unauditable voting in the state does not infringe upon the fundamental right to vote and to have that vote counted. In 2002, Georgia was among the first in the nation to implement Diebold touch-screen voting machines across the entire state.

The lead plaintiff, Garland Favorito, was astounded. "This ruling essentially gives the state a license to pretend to conduct elections. Not one of the 100+ million votes that have been cast on the machines since 2002 can be audited for accuracy and correctness of vote recording." ...

MSNBC's Rachel Maddow continued her series last night, on the "purely political smear campaign" which ACORN has faced since registering nearly 2 million legal voters over the last decade. In the third installment of her continuing series, she focused on the ACORN smears over non-existent "voter fraud," which were at the heart of the U.S. Attorney scandal.

Before being joined by former Republican U.S. Attorney from New Mexico David Iglesias --- fired by the Bush White House because he refused to bring fraudulent voter fraud cases against Democrats, as we covered in exclusive detail in March of 2007 --- Maddow notes accurately: "No accusation has ever been substantiated that anyone ever registered by ACORN ever voted fraudulently."

She added astutely: "The Bush White House viewed voter fraud as the mother of all wedge issues. It's paying its dividends today, and remarkably, Democrats are playing right along with it."...

Maddow's excellent previous reports in this series are here:

Thursday: The truth about the extraordinary GOP lies and media failure concerning ACORN.
Friday: The hypocrisy (and unconstitutionality) of defunding ACORN while groups like Halliburton and Blackwater, which committed actual crimes, like murder and real fraud, still receive more federal funding in a day than ACORN has in its lifetime.

This is all much like watching a broadcast news version replay of the last 5 years here at The BRAD BLOG. And we're lovin' it. Thank you again, Rachel! Please keep it up! As "Annie" said in It's a Wonderful Life: "'Bout time one of you lunkheads said it!"

On film in Burlington, VT...

Though I won't be there in person, the travelling Burning Fuse Film Festival hits Burlington, VT's Roxy Theater beginning today through October 1, and continues to feature Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story in which I'm featured quite prominently. Remaining screenings are: Fri 9/25 @ 1:15p, Sat 9/26 @ 1:00p, Sun 9/27 @ 5:00p, Mon, 9/28 @ 7:00p and Thu 10/1 @ 3:30p. If you've yet to see it, we'll strongly recommend you check out this entertaining and enlightening (if horrifying at times) documentary, based on our own years-long investigation of the Clint Curtis/Tom Feeney vote-rigging scandal. More details on screenings and passes available here...

(NOTE: If you're not near Burlington, or even if you are, but would like to support our work, we are still offering DVD's of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

In person in San Diego...

We spent a fair amount of time earlier this year reporting on the election fraud conspiracy scandal in Clay County, KY, where seven election officials were indicted on charges of conspiracy for rigging elections, changing votes on voting machines without voters' knowledge, and more during elections from 2002 through 2006. The officials included the district court judge, the county clerk, the school superintendent, and other election officials and judges.

As you've likely read by now, Bill Sparkman, a part-time census worker, substitute teacher, and local Boy Scout director was found hanged on 9/12 in Clay County's Daniel Boone National Forest (though the story wasn't made public until last night) with the word "fed" written across his chest.

According to AP, "The Census Bureau has suspended door-to-door interviews in rural Clay County, where the body was found, pending the outcome of the investigation," and the incident has drawn many to believe it may be related to recent distrust of the Census Bureau by elements of the Teabaggers, as sparked by comments made earlier this year by folks like Rep. Michele Bachmann (R-MN), Glenn Beck, and many of the other personalities who advanced paranoia about the possibility of 2010 Census workers being hired from places such as favorite wingnut whipping-boy ACORN, via outlets like Fox "News."
Despite fomenting by comments like Bachmann's "enough is enough" (as seen in the video at right), Sparkman's death having come on September 12 (the day which Beck had called for his "9/12 Movement" Teabagger protests in D.C.), and the letters scrawled on Sparkman's chest, there is not yet definitive evidence that the hanging was tied to the Bachmann/Beck movement, though the blogosphere is understandably abuzz about it today.

As we spent quite a bit of time speaking to folks in Clay County last March while covering the election fraud scandal, we learned a bit about what's been going on there over the last several years. The hanging could be as much related to those events, and more that preceded them, as to Bachmann/Beck's ill-considered fear-mongering, even as that recent fear-mongering may well have served to inflame the local residents' already-inherent distrust of federal authorities...

As we recently noted in some detail, Diebold's election division (now calling themselves Premier Election Solutions) has been purchased by their larger rival ES&S who, as we described at the time, has a well-established record for being tops in the election industry, both in size, and when it comes to thuggish, mafioso-like business tactics.

Saturday's Evansville Courier & Press highlighted just one minor example of such tactics:

While that one case is fairly small potatoes, it's fairly representative of the way this company does business. In the meantime, while the teabaggers have their panties in a collective wad about imaginary things they fear may someday happen to take away their rights, right now, immediately under their noses --- the same noses which failed to notice the stench of the unprecedented raping and looting of the federal government by their own Republican pals over the last eight years --- their right to a transparent, verifiable, citizen-overseen public election has also been stolen from them. Yet they're too busy watching Fox "News" and drawing pictures of Barack Obama as The Joker to notice.

With the ES&S takeover of Diebold/Premier, their nearest competitor, the privately-run election Goliath now has an un-overseeable lock on virtually every election in the United States of America.

Take a look at these two startling maps --- showing control of U.S. elections, before and after the takeover --- which Glenn Beck has yet to instruct his brain-dead zombies to give a damn about...

From AP via TPM...

Prosecutors notified in June of 2008? But nobody bothered to point that out publicly until now? Go figure.

Of course, for those Fox "News" viewers who don't already know, virtually every one of the handful of ACORN workers (out of some 13,000 employees) who were arrested for defrauding the organization, were turned in to officials by ACORN themselves. Here's some help for disinformed Glenn Beck fans. Yes, ACORN is the one that flags voter registrations themselves as fraudulent before turning them into officials, as they are required to do by law.

Contrast this case (and all the other ACORN-smear cases) with the one, among many, that Fox "News" (and the others) forgot to report and/or become outraged about: The arrest, and subsequent guilty plea of the head of the California GOP's own voter registration firm, Mark Anthony Jacoby of Young Political Majors (YPM), for voter registration fraud.

Yes, I had to personally break that news on Fox.

Oh, yeah, and for good measure, there's well-documented felony vote fraudster Ann Coulter who is even paid by Fox "News" to appear on their network regularly, even to this day.

The world's largest corporate e-voting supplier is about to become even larger. Today, TX-based Premier Election Solutions, the beleaguered and oft-failed voting division of OH-based parent company Diebold, Inc., announced they have been purchased by oft-failed e-voting goliath Election Systems & Software, Inc. (ES&S). The move, if allowed to stand, would "consolidate most U.S. voting under one privately held manufacturer," according to one election watchdog who has announced plans to file an anti-trust complaint concerning the sale with the Department of Justice.

Diebold, facing lost money, lost reputation, lost votes and multiple legal battles, has been trying to unload its election division for several years. Having failed at first, the company created an "independent" entity, Premier --- same pig, damned near same lipstick --- in hopes of regaining money and reputation, if not votes. That failed too.

But somehow, as reported today, Diebold was able to convince Nebraska-based ES&S, the nation's largest election company and supplier of 100% unverifiable voting systems, to agree to the purchase.

Diebold says it purchased the election division from Global Election Systems, Inc., for $31 million in 2002. Today, Diebold announced it will sell to ES&S for just $5 million, plus 70% of any cash from outstanding accounts receivable as of August 31.

Unless they've made special arrangements already with Diebold, the people at ES&S --- no stranger to lost votes themselves --- may quickly be saddled with a fair amount of liability from the storied past and continuing failures of Diebold products across the country.

That is, if the acquisition, which is sure to quash any such "competition" in the market which might still exist, is allowed to stand in the first place...

Guest blogged by Ellen Theisen, VotersUnite.Org

Rebecca Vigil-Giron, who oversaw New Mexico elections for ten years, was indicted last Wednesday on 50 counts including fraud or embezzlement, money laundering, tax fraud, tax evasion, illegal kickbacks, tampering with evidence, and conspiracy.

Like last year's indictment of 13-year Monterey County, CA, Registrar of Voters, Tony Anchundo on 43 criminal counts, and last March's indictment of six Clay County, KY election officials [corrected from "KS"] for changing votes at voting machines and showing others how to do it, Vigil-Giron's indictment reminds us that democracy thrives on checks, balances, and transparency --- and is threatened by conditions that force us to trust in election officials.

Ion Sancho, Leon County Supervisor of Elections in Florida, and Freddie Oakley, Yolo County Registrar-Clerk in California understand that threats to elections come from the insiders. They warn us --- in their speeches and writings --- not to trust election officials. Vigil-Giron's indictment warns us in a more sensational way...

RAW STORY's coverage of the news, and the release of the video demonstration of how to hack a Sequoia AVC Advantage electronic voting machine, began this way last week:

Hacks of our electronic voting systems used to be big news. Now though, it's been done so many times, and is apparently so simple to do, that the news hardly registers in the corporate mainstream media (if it ever did in the first place). Yet, almost nothing has been done about virtually any of it to date.

We reported on the Princeton professor, Andrew Appel, acquiring the five Sequoia AVC machines two and a half years ago, that he was able to pick the lock "in seven seconds", and change the chips inside to do anything he might want the machine to do, including change votes after the close of polls on Election Day. The five machines that Appel purchased for $82 on the Internet were purchased by New Jersey just a few years earlier for $10,000 a piece. The state still uses the same hackable, 100% unverifiable voting machines, despite numerous failures during actual elections.

At the time of Appel's purchase, Sequoia Voting System had been touting their "tamperproof products, including ... the AVC Advantage," which, they said, "are sought after from coast to coast for their accuracy and reliability."...

[Updated: Former Congressman Bob Ney (R-OH) responds to this article. Ney, convicted for his dealings with Abramoff, including a trip to Scotland, suggests Feeney may have been helped off the hook by friends in high places. See details and Ney's comments in UPDATE at bottom of story.]

Late last week, alleged vote-rigging conspirator and former three-term Congressman Tom Feeney (R-FL) was informed that the Department of Justice was dropping their two year probe into his 2003 lobbyist-paid junket with Jack Abramoff to play golf in Scotland, according to his attorney Robert Luskin (who also happens to be Karl Rove's criminal attorney).

The DoJ's investigation was stymied earlier this year by an appellate court decision disallowing their subpoena of Feeney's statements to the U.S. House Ethics Commission on the basis of Constitutional separation of powers. As we noted last month, the friendly Feeney finding was likely to foul the fed's felony fact-finding against the failed former Florida Congressman.

The Ethics Commission had, themselves, let Feeney off the hook on the last day in which Republicans controlled the panel before Democrats took over in 2007. He would agree to pay just $5,643 for the private plane trip and swanky vacation with rightwing lobbyists, despite court papers declaring the trip to have been worth approximately $20,000...