[Now updated with a load of new details on the election conspiracy, how it worked, and who the candidates were that allegedly benefited from it, following today's guilty plea entered in court. See bottom of article for that new information.]

A Republican election official, one of six allegedly bi-partisan [ed note: see update below for more on that] Clay County, KY, Board of Elections officials arrested last March and charged with a long-term conspiracy to rig elections, buy votes, and manipulate vote-selections on electronic voting machines without the knowledge of voters, has asked to change his plea from not guilty to guilty, according to local news reports...

According to the indictment [PDF], Bishop was a Republican election judge at precincts in 2002 and 2004, and hosted meetings at his house where candidates pooled money to be used for buying votes. The latest report also notes that Bishop, and some of the other conspirators, even employed Rush Limbaugh's illicit drug of choice, OxyContin, as part of their scheme...

-- Brad Friedman, The BRAD BLOG

As if the former U.S. Election Assistance Commission (EAC) chair Paul DeGregorio hadn't done enough damage to our nation's electoral system during his disastrous reign as a commissioner from 2003 to 2007, it looks like he's now more than happy to cash in on his Bush-appointed public post in the private sector as Chief Operating Officer for a dubious Internet voting operation.

Everyone Counts (E1C) is the San Diego-based firm which ran "America's first all-digital online and telephone election" in Honolulu, which was completed last week. That's the way it was described by Aaron Contorer, the company's Chief of Products and Partnership, in a very thinly disguised press release, sadly posted, as if a news article, recently by Huffington Post. [Full Disclosure: We also contribute articles to HuffPo, though we try to offer news, rather than press releases.]

As COO of Everyone Counts, DeGregorio has posted a video commercial (and a bad one at that, see the bottom of this article where it's re-posted) on his bio page at the company website. His face is also featured on the front page of their site. In the short video, DeGregorio crows about his 22 years in the election "business" while posing in front of the U.S. Capitol and Washington Monument in D.C.

Trading on his former self-proclaimed status as "America's chief election official," DeGregorio endorses the private company for which he now works, noting in the video: "I've been involved in this business for 22 years, having risen to the, America's Chief election official. And I have found that Everyone Counts is the place for me to be, because it's the only organization that provides transparency, accessibility, security and choice. And I think that's the most important thing for any election official, anywhere in the world."

While evidently accuracy doesn't even make DeGregorio's list of "most important thing[s] for any election official" --- not surprising, given his oversight, during his tenure at the EAC, of federal approval for myriad electronic voting systems that fail to meet federal accuracy standards --- the idea that EC's Internet voting schemes provide "transparency" seems to be entirely without evidence, as The BRAD BLOG confirmed with a representative of the Honolulu Neighborhood Commission Office which sponsored last week's election.

Moreover, Everyone Counts' virtual election in Hawaii, according to late news reports this week, seems to have been a dismal failure, at least if the 83% plummet in voter participation might be taken as any indication, in addition to the election's lack of transparency and verifiability.

Numerous commenters, including us, left responses to Contorer's misleading and disinformative HuffPo item, noting serious concerns about E1C's "all-digital" voting scheme. Concerns were expressed by many posters about citizens' lack of ability to verify the accuracy of votes cast, and of transparency and security in the system which, Contorer claims, employs "military-grade encryption technology." He goes on to try to convince readers that it's also "faster, more reliable, and more secure than if they had voted on paper." He failed to answer to any of our critical comments, however, and neither did he offer evidence to back up his claims about his company's superior reliability and security over fully-transparent, paper-ballot voting.

Despite his shameless promotion, and an offer in his video to contact him with any questions, DeGregorio himself did no better in responding to our request for comment in regard to our concerns...

[Update: Be sure to read Lori Minnite's explanation in comments of what seems to have happened here. Details at bottom of article.]

Unless I'm missing something here (please let me know if I am!) it doesn't appear that the DoJ "dropped" charges against the RNC's alleged 2002 NH election "phone-jammer," James Tobin, as is currently being described in news accounts, and via several emails I've received alerting me to the story.

From my read of AP's coverage, and several others, it looks like the DoJ lost their original New Hampshire case, and then recently saw the appeal of a refiled case, with a different focus (lying to federal investigators) in Maine, "dismissed" by the U.S. Circuit Court of Appeals in Boston.

Losing, and/or being dismissed, seems a far cry from the feds having "dropped" the case, as AP's headline, run at NY Times and elsewhere described it ("Feds Drop Phone-Jamming Case Against GOP Organizer"). TPM's Zachary Roth also seems to have picked up the AP/Times "dropped" meme to headline his version of the story as: "Feds Drop New Hampshire Phone-Jamming Case".

The full AP version of the story uses "drop" or "dropped" three times in the headline, the sub-headline, and in the first graf...

Guest blogged by Jean Kaczmarek, co-chair, Illinois Ballot Integrity Project/DuPage Chapter

On Tuesday, Illinois Ballot Integrity Project (IBIP)/DuPage Chapter celebrated a crucial legislative victory, which will finally force the DuPage County Election Commission to comply with the law before shredding OUR election records.

HB 4051 passed unanimously [PDF] in the Illinois Senate 57-0, finally ending a three-year power struggle regarding the Election Commission's destruction of OUR public records. Last month, the bill also passed unanimously [PDF] in the Illinois House 117-0. Illinois Governor Pat Quinn is expected to sign the bill into law shortly.

This short, but significant one-page bill, sponsored by IL Rep. Paul Froehlich (D-56th), amends the Illinois Election Code to specify that the destruction of OUR election-related public records must follow the procedures mandated by the Local Records Act. The bill also amends the Local Records Act to specifically include that local election authorities must comply with the provisions of the Act when disposing OUR public records.

HB4051's provisions have just one county board in mind: the inveterate scofflaws of the DuPage County Election Commission...

Readers of The BRAD BLOG may remember my disturbing experience last June, while voting in the California state primary election on the audio balloting system here in Los Angeles County, as 4 out of 12 of my votes were misprinted by the lousy electronic voting system. As the ES&S InkaVote Plus system is generally meant for blind voters, it was doubly troubling that the only way I was able to discover the misprinted votes was by closely studying my computer-marked paper ballot before dropping it into the optical-scanner, where it would have disappeared, incorrectly voted, forever.

Well, it was Election Day again today in CA. And, after skipping the "opportunity" to use the audio ballot system to vote in last November's General Election (it takes too damn long, and I had very little time to vote that day), I thought I'd take it out for another spin during today's special election...

A few developments this week in the case of Mike Connell, the GOP IT guru who died in a single-engine plane craft last December, just after being forced to testify in a long-standing OH 2004 voting rights case, but before the case could come to trial. As The BRAD BLOG has long covered both the lawsuit, and Connell's central role, I wanted to make sure the new developments were noted here. Forgive my quick copy and paste, necessarily, given the circumstances of the week which still have me otherwise distracted in many ways. Background links on the entire Connell story are included at the end of this item...

First via RAW:

There were a few other notable tidbits from Bill Lueders' original report in Wisconsin's The Daily Page...

From Project Vote:

Well, they got the Supreme Court. Now's as good a time as any to get "official" permission to suppress the vote again. Beats winning by actually getting more votes than the other guys, I guess.

(Hat-tip BRAD BLOG reader "ZapKitty")

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

[Updated at end of article with video of Goddard's Tuesday press conference, and a radio appearance shortly thereafter.]

No evidence of manipulation was found in the results of a 2006 special election in Pima County, AZ, according to the state Attorney General's announcement given at a press conference this afternoon in Tucson.

Today, AG Terry Goddard announced the results of his findings from a paper-ballot hand count, held earlier this month in Phoenix as part of a criminal investigation into whether the results of the '06 election were manipulated by election officials. A multi-partisan coalition of election integrity advocates have long charged that the results of the 2006 Regional Transportation Authority (RTA) election may have been electronically tampered with via the county's Diebold optical-scan central tabulator system.

The criminal investigation was re-opened in July of 2008, following the filing of a sworn affidavit from a former county employee who claimed he was told by a Pima County Election Division computer operator that the election was "'fixed'...on the instructions of his bosses."

The BRAD BLOG was listening in on the press conference, via a weak cell phone connection, so it was difficult to get direct quotes from Goddard, but we did speak to a number of people who attended the presser to get details from them, and were able to listen to Goddard's appearance on local radio shortly afterwords...

The AP has finally noticed the long-sought criminal investigation ballot count of the 2006 Pima County (Tucson), AZ, special election. State Attorney General Terry Goddard's hand-count of the disputed Regional Transportation Authority (RTA) election was concluded, at least for now, in Phoenix on Wednesday. That's when AP filed its report on the matter that we've been covering here at The BRAD BLOG in a number of special reports and exclusives, in great detail, this week, last week, and for several years prior.

AP's coverage was fairly cursory (recent inside joke: AP didn't report who the AG's office had found to be the "leading vote-getter"), but it hit a few points worth noting, including one of the key take-aways from the entire, epic morality tale still playing out on behalf of the entire U.S., in Arizona:

There you have it. That's why this story matters, and why it's far more than simply a "local story."

It also matters on a still-broader level because, even if the 2006 Tucson RTA election wasn't rigged --- and it's three years on, and nobody yet actually seems to know for certain --- due to the god-awful, privatized, untested, hackable, oft-failed, secret vote-counting machines we now use in our public elections, it's become virtually impossible to know if any elections counted on such machines were accurately tabulated.

AP notes that Goddard seems to finally be understanding that larger point, at least:

The Arizona Republic's Dennis Wagner pulled some details from AP's cursory coverage and augmented it substantially for more lengthy, detailed coverage filed on Wednesday as well, which we're happy to see and recommend.

In a related note: Tucson election integrity advocate John Brakey saw charges against him dismissed by a judge today, following his arrest ordered by Pima County election officials last year during a state-mandated, post-election hand-count --- a statutory mandate that likely would not have existed were it not for Brakey's advocacy for such post-election "audits."

The county's case against him was so bad Brakey wasn't even required to put on his own defense before the judge dismissed the case entirely after hearing the county's testimony. The recent criminal investigation hand count carried out by Goddard, and all of the issues discussed above, would also likely never have come to light in Arizona, had it not been for the tenacity, courage, and tireless determination of Brakey. Exclusive details on today's dismissed charges against him posted earlier here...

-- Brad Friedman, A BRAD BLOG Special Report

In a letter written to the Arizona Attorney General's office on Monday, as obtained by The BRAD BLOG, the attorney for the Pima County (Tucson) Democratic Party has expressed a concern that thousands of ballots from a disputed 2006 special election, which should be in the AG's possession, may instead be "missing".

"Many thousands of ballots that should be in the ballot boxes in your possession don't exist," attorney Bill Risner writes in the 3-page letter [PDF] to Donald E. Conrad, Chief Counsel of the Criminal Division at the office of state Attorney General Terry Goddard. The alarming allegations come as the second week of an extraordinary hand-count of paper ballots, part of a criminal investigation into the '06 election, continued in Phoenix on Monday.

A spokesperson from the Attorney General's office says she believes the count will be concluded on Wednesday, though that could change. It was originally scheduled to conclude last week.

The AG is conducting a criminal investigation into allegations that that election may have been electronically manipulated by election official insiders. The special election created Tucson's Regional Transportation Authority (RTA) in May of 2006, and funded it with a joint bond measure to the tune of $2 billion over ten years. The Pima Democratic Party had endorsed the two RTA ballots questions in the election, but they now question the legitimate success of the measures. They've been bringing court cases to access ballot materials, and have been demanding a hand-count of the ballots for a number of years. Similar RTA initiatives had failed in four previous elections before they were finally passed in 2006.

"If we are correct," Risner wrote in his Monday letter to the Attorney General's office, concerning the absence of as many as 19,000 paper ballots, as estimated by observers of the counting in Phoenix, "the question arises as to what happened to those ballots." The latest mystery adds still more fuel to the already high-stakes, long-sought hand-count, and raises new questions in the nearly three-years long investigation into the 2006 election results.

If the ballots are indeed missing, did they ever actually exist? Was the Diebold electronic ballot box stuffed? Have ballots been surreptitiously removed by someone for some reason? Or have observers miscalculated the number of ballots being examined? The AG's Press Secretary Anne Titus Hilby tells The BRAD BLOG she's aware of the allegations of missing ballots but could not speak to that point in any more detail "until the examination is concluded"...

Late this week, Politico's Anne Schroeder ran details of a purported public showdown, in a D.C. steakhouse, between Karl Rove and Jason Roe, the former Chief of Staff to FL's former Republican U.S. House Rep (and alleged vote-rigging conspirator) Tom Feeney.

During the exchange between Rove and Roe, as reported by Schroeder, Rove tells Roe that he has a file on Feeney, and Roe, who was angry with Rove for cracks he'd made on Fox "News" at Feeney's expense just after the extremely corrupt FL Republican had lost his 2008 election, says angrily to Rove: "You guys wouldn't be in the White House without Tom."

Given the coverage we've offered over the years on Feeney, and former Republican computer programmer Clint Curtis' allegations against him, several folks --- including our friends Marcy Wheeler of emptywheel and Patty Sharaf, filmmaker of Murder, Spies & Voting Lies: The Clint Curtis Story --- sent us the link to the Politico article, asking our opinion on what Roe may have meant by that crack.

In the interest of keeping links to that story from continuing to pile up in our Inbox, here's our take on Roe's purported comment to Rove...

We wrote late last week, in some detail, about Arizona AG Terry Goddard's long overdue hand-count of paper ballots from the dubious 2006 Regional Transportation Authority (RTA) bond special election in Pima County (Tucson). The count of all 120,821 paper ballots from the election begins today in Phoenix as part of a criminal investigation, following years of allegations and court cases, in which a trans-partisan group of Election Integrity advocates in Tucson have sought transparency and public oversight following indications that Diebold tabulator databases may have been manipulated by election insiders.

Goddard's restrictions on political party observers --- just one per party, selected by the AG, not by the parties themselves --- was the cause of criticism by all of the involved parties (Republican, Democratic, Libertarian, etc.). But a letter [PDF] late last week from the AG's office indicated, at least, that a live, eight-camera video feed would be available on the Internet.

"Eight cameras will stream live video of the examination proceedings to the internet courtesy of the Maricopa County Elections Department," the AG promised. And, as the count began this morning, that feed is now up and running here.

Unfortunately, unlike Minnesota's recent, very transparent hand-count of 2.9 million ballots from the state's still-contested U.S. Senate race, the video from the Maricopa County Ballot Tabulation Center (BTC) is all but worthless, as critics had previously worried, in determining if counts are being carried out accurately.

Here are screen shots from this morning, as counting began, from all eight camera-views --- only two of which show any actual counting at all, while six of them are focused on different areas in the Phoenix counting facility (click a photo to see the live streaming shot)...

- Special Report by Brad Friedman, The BRAD BLOG

The 400 previously rejected absentee ballots in the Coleman/Franken U.S. Senate race in Minnesota won't be the only ballots being carefully counted next week. Neither will the more than 5,000 being counted in the NY-20 U.S. House special election where (fewer than) 25 votes, out of 150,000 cast, currently separate the winner from the loser.

A hand count of thousands of paper ballots that could trump all of the above, at least in regards to national importance, will quietly occur next week in a highly-secured Maricopa County, AZ, facility, as part of a years-long criminal investigation. Ironically, coming as late as it does, three years after the election, the results of the count, no matter what they may be, will not affect the actual outcome of that election --- even if it is found that the results were originally rigged by elections officials.

After almost three years; hundreds of legal documents; scores of hours in courtrooms; precedent-setting legal findings forcing the public release of Diebold computer databases supposedly recording how citizens voted in their own elections; allegations of potential hacking and fraud believed to have been possibly carried out by election official insiders; indications of tampering described as the result of "human error" by a report commissioned by the state AG, as part of a criminal investigation subsequently described by critics as a "whitewash"; arrests of local election integrity advocates; and lord knows how many articles documenting it at all here at The BRAD BLOG over those years, the paper ballots from the curious 2006 Regional Transit Authority (RTA) election in Pima County (Tucson), AZ, will finally be counted, beginning next Monday, as part of a criminal investigation being carried out by the state's Attorney General.

The hand-count of all 120,821 ballots from that special election will be carried out not in Pima, but under the supervision of "certified professionals who work for the Maricopa County (Phoenix) Elections Department," according to a 2-page letter [PDF] sent by the AG's office to the chairman of the Democratic Party of Pima County. The "strictly-monitored" count will either settle, once and for all, the matter of whether that election was conducted fraudulently by election insiders manipulating the vulnerable electronic Diebold tabulation system --- or it won't...

Due, in no small part, to the concerns expressed in our February analysis of the January draft version of this year's Election Reform bill being introduced by Rep. Rush Holt (D-NJ) in the U.S. House, along with a bit of "lobbying" his office for a key change after the publication of that article, the updated version of the bill [PDF], said by his office to be the "final" one before introduction, has been slightly --- one might even say, significantly --- improved to meet one of our major concerns.

Still, while there is a lot of much-needed reform in this federal legislation, there remain many concerns with it as well. So let's take a quick, updated look at the good, the bad and the ugly in the soon-to-be-introduced "final" version of Holt's "Voter Confidence and Increased Accessibility Act of 2009"...