- Brad Friedman, The BRAD BLOG

"I follow the vote. And wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to...make bad things happen," CIA cybersecurity expert Steven Stigall explained, in a stunning presentation to a U.S. Election Assistance Commission (EAC) field hearing held one month ago in Orlando.

As initially reported earlier this week by Greg Gordon at McClatchy, "Stigall said that voting equipment connected to the Internet could be hacked, and machines that weren't connected could be compromised wirelessly. Eleven U.S. states have banned or limited wireless capability in voting equipment, but Stigall said that election officials didn't always know it when wireless cards were embedded in their machines."

"The CIA got interested in electronic systems a few years ago," Gordon reports Stigall as explaining at the EAC hearing, "after concluding that foreigners might try to hack U.S. election systems."

But as disturbing as Stigall's presentation was, what's almost as disturbing is that it took more than 11 days, McClatchy's coverage, a number of FOIA requests from VotersUnite's John Gideon (a frequent guest blogger here), and a couple of articles from BRAD BLOG alum, Michael Richardson of the Examiner (his coverage is here and here), before the EAC finally released the complete transcript of the meeting [WORD], including Stigall's remarks.

"The presenter did not provide the presentation, 'Computers and Elections: The Growing Potential for Cyber Vote Fraud', to the EAC, so we have no materials responsive to your request," Gideon was told in response to his Freedom of Information Act (FOIA) request to the EAC, as reported by Richardson. "We received the transcript on March 16, 2009, and it will be publicly available in the next few days."

As of last night, 10 days since the EAC admits they received the transcript of their own event which had taken place 20 days earlier, they had neither sent it to Gideon in response to his request, nor posted it on their website. As of this morning, a month since the hearing, it's finally up on their website, thanks in part, no doubt, to the pressure brought on the EAC by the public to do so. Even then, Stigall's remarks are not posted separately, as other presentations are, but rather, one has to go looking for the full transcript of the actual event to find it. So why both the delay and obfuscation from the famously dysfunctional (a nice way to put it) federal agency? Make your own best guesses, since there is no official explanation for the moment.

Happily, there were others at the meeting who had transcribed the CIA cybersecurity expert's startling remarks --- decimating the idea of supposedly "secure" e-voting --- independently, who then helped to bring it to the public's attention. Clearly, the strongly pro-e-voting EAC had/has little intention of doing so themselves.

Stigall's presentation, and we've got much more of it excerpted below, include a passel of disturbing thoughts. Many of them we've tried to impart on these pages for years, including comments which point up the dangers we've tried to warn about concerning pre-election voting machine "sleepovers" at the houses of pollworkers, and more indications of the dangers of Sequoia Voting Systems clandestine, on-going relationship with the Hugo Chavez-tied Venezuelan e-voting firm Smartmatic, as we reported exclusively here one year ago --- to little interest from the corporate media, despite Sequoia's claims to federal investigators that they had severed all ties with the firm...

Guest Blogged by Parke Bostrom of the Humboldt Transparency Project

At the California Secretary of State's public hearing regarding the possible decertification of Diebold's tabulator systems, GEMS v1.18.19, in relation to the "Deck Zero" covert deletion of 197 ballots in the November election, the audit log's magical "clear" button, and the GEMS audit logs failing to report when ballots were manually deleted by the operator, Diebold/Premier representatives tried to shift blame for the 197 deleted ballots onto the Humboldt County, CA, Registrar of Voters, Carolyn Crnich.

Crnich responded, "If you're saying that your system needs to be checked every damn time we turn it on, I agree with you."

Crnich's use of an expletive seems to have pushed Diebold/Premier's legal counsel over the edge, causing them to reach for and firmly press the "nuke" button in response, by petulantly informing the county of termination of licensing for the use of any of the company's products.

Several days after returning to Humboldt, following the hearing in Sacramento, Crnich received two letters from Premier. Both letters arrived in a single envelope, but unlike Premier Khrushchev's two letters to President Kennedy, Crnich did not get to choose which letter to respond to....

Since I first covered the story of the arrest of election officials (including a circuit court judge, the county clerk, the school superintendent and other members of the county elections board) in Clay County, KY, for buying and selling votes, as well as manipulating votes on electronic voting machines without the knowledge of voters, folks have been asking about the political affiliation of the conspirators and whether they were working on behalf of any particular political party.

The subject came up, as well, while I was on the Mike Malloy Show last Friday discussing these arrests, as they had just come to light.

You can download the MP3 of that interview, or listen to it online here (appx. 17 mins)...

While the federal indictment [PDF] notes that a number of those involved in the cabal appear to be members of the local Democratic Party, the scheme also involved at least one conspirator who served as the Republican Party's polling place judge at one of the precincts. Clay County is also a heavily Republican county.

On this point, a commenter who wrote in to respond to last week's article, who claims to be "from Clay County" and to know "each of the people arrested," writes that "ALL of the eight arrested this week" were actually Republican. "They registered as Democrat and took leadership roles in the local party to control precinct officer seats, ensuring all officers at the precinct were hand picked." I can't yet confirm that fact, but that reader's comment is posted in full below, with another one from a Kentucky writer, as both contain some helpful background.

Of course, it could still very well be the case that the crooks were Democrats at work. Either way, from what I'm able to understand about the scheme so far, it seems that it was more about personal power and financial enrichment than anything else. If they were Democrats, they don't seem to have been particularly successful in affecting Democratic wins in their county, even though their scheme was "successful" enough to be repeated election after election and year after year. At the heart of their scheme, after all, was bribing money out of candidates in order to be placed on a "slate" that the cabal would then help to get elected.

As the commenter suggests, it could well be that these "Democratic" officials were only signed up as such in order to affect primary elections (in order to ensure the weakest possible "D" candidate, for example) or even in hopes of adversely affecting general elections as "Democrats," secretly working on behalf of the Republican Party.

I've been unable to learn the party affiliations, yet, of the candidates who paid to be on their "slate," which, once we learn that, could be somewhat instructive. Maybe. But until then, a major point that I'd to make in any case: I don't really care what their party affiliations were.

Here's why...

Michelle Shafer is the "Baghdad Bob"-in-chief of the e-voting industry. She's the VP and spokesperson for Sequoia Voting Systems and spokesperson for the e-voting industry as a whole via the Election Technology Council (ETC), a "trade group" created and sponsored by the nation's top four e-voting companies (ES&S, Sequoia, Diebold/Premier, and Hart Intercivic) to help spread their anti-science, anti-reality, pro-e-voting propaganda.

In the very last line of an article published on Thursday, on yet another e-voting related issue (which we may cover in more detail later), Michelle "Baghdad Bob" Shafer is quoted thusly:

As irony would have it, Thursday was also the very same day that news broke of the arrest of a cabal of election official insiders --- including a circuit court judge, the school superintendent, and a number of both Democratic and Republican polling place judges --- charged with having used the electronic voting system to compromise election after election, from 2002 to 2006 in Clay County, Kentucky.

Of course, very strong evidence exists that many other elections have been similarly manipulated on electronic voting systems by election insiders (see here, for just one example), including by both election officials and employees of the various private vendors whom Shafer represents. Much of that evidence, however, has been held at arm's length from citizen election integrity advocates under the absurd argument that that information is a proprietary, legally-protected trade secret. That specious argument has been made for years by the very government-funded corporate welfare queens, like Shafer's companies, that have been paid by our government to privatize our public elections.

So it's been difficult, at least until last week, to point disinformation experts like Shafer to the very evidence that reveal her statement, repeated time and again, to be a lie --- thanks in no small part to the "trade secret" claims of folks like Shafer. Get it? It's a helluva self-perpetuating scam...

[Now updated at bottom with details from the indictments.]

Those of us who have demanded transparent voting systems because we understand that only the ability for complete citizen oversight and transparency can effectively counter those who would game elections, have been disingenuously criticized over the years as somehow questioning the integrity of the hard-working, honest election officials out there.

The fact is, those who know anything about computer security understand that it is the insiders who are, by far, the greatest threat to security on such systems, as even the phony, GOP-operative-created Baker/Carter National Election Reform Commission determined in its final report: "There is no reason to trust insiders in the election industry any more than in other industries."

The best election officials in the country, however, will underscore that point, and agree that there is no reason any citizen should ever have to simply "trust" them.

Over the years, we've detailed the arrests and other unsavory behavior of many of the not-so-good election officials who, we were told, should simply have been trusted (our "favorite" has always been the case of Monterey CA's Tony Anchundo, who told us on air we should "trust" him, just a month or two before being arrested on 43 counts).

Well, now we've got a whole passel of still more crooked officials to add to the list. Moreover: The Kentucky officials arrested and indicted today, "including the circuit court judge, the county clerk, and election officers" of Clay County, have been charged with "chang[ing] votes at the voting machine" and showing others how to do it!

Hello?!...

More bad news for a voting machine vendor. This time the California Secretary of State’s office has announced that they have settled their lawsuit against ES&S. It was back in 2007 that the state discovered that ES&S had ignored state laws and sold uncertified voting machines to some counties as if they were certified. CA filed a $15 million lawsuit against the company, and now ES&S has agreed to provide $3.2 M to the state’s coffers by way of settling the suit.

Will it make any difference in the long run? Probably not. ES&S will continue their past bad business practices and many of their customers will continue thinking they only have the choice provided by ES&S....

Guest blogged by Brad Jacobson of MediaBloodhound

Part of the reason I've been off the radar for so long --- my latest investigative report for RAW STORY:

Federal agencies were involved in the decision to raid the office of the Association of Community Organizations for Reform Now (ACORN) in Nevada last October, just weeks before Election Day, the offices of Nevada’s Secretary of State and Attorney General say.

The allegations raise questions of whether politics played a part in the raid and calls into question assertions by the US Attorney’s office that they were uninvolved. Federal guidelines instruct agencies investigating election fraud to avoid action that might impact the elective process.

Bob Walsh, a spokesman for Nevada’s Secretary of State, and Edie Cartwright, a spokeswoman for Nevada’s Attorney General, said that not only were the Nevada US Attorney’s Office and the FBI involved in investigating Nevada ACORN on allegations of voter registration fraud but that all four agencies jointly made the decision to conduct the raid. Both the investigation and the raid were conducted as part of the joint federal-state Election Integrity Task Force announced last July, the spokespersons said.

Guest Blogged by Mitch Trachtenberg, with Brad Friedman

Even the audit log system on current versions of Premier Election Solutions' (formerly Diebold's) electronic voting and tabulating systems --- used in some 34 states across the nation --- fail to record the wholesale deletion of ballots. Even when ballots are deleted on the same day as an election. That's the shocking admission heard today from Justin Bales, Premier's Western Region manager, at a State of California public hearing on the possible decertification of Diebold/Premier's tabulator system, GEMS v. 1.18.19.

An election system's audit logs are meant to record all activity during the system's actual counting of ballots, so that later examiners may determine, with certainty, whether any fraudulent or mistaken activity had occurred during the count. Diebold's software fails to do that, as has recently been discovered by Election Integrity advocates in Humboldt County, CA, and then confirmed by the CA Secretary of State. The flaws, built into the system for more than a decade, are in serious violation of federal voting system certification standards.

The problems may lead to decertification of the company's voting systems, as well as an examination of voting systems made by other companies to determine if they too may have been able to sneak such violations past both federal and state testers...

Yet another touch-screen voting machine broke down, in yet another "hotly contested" election, in yet another Democratic-leaning district yesterday. Due to the failure, the actual results are completely unknown, unreliable, and unverifiable, and yet, one candidate (the Republican, as coincidence would have it) has been named the "winner" by 89-votes out of 12,000 cast in the Fairfax County, VA, Board of Supervisors special election.

We are as completely sick of writing these stories by now, as we're sure you are of reading about them, so we'll bury the details below the fold, for those who want the skinny on what happened...You're welcome...

Broward County, FL, has dropped all charges against a local Election Integrity advocate whose arrest, described by an election official and other colleagues at the time as "outrageous," was captured on video tape late last year.

Ellen Brodsky, who had been a non-partisan candidate for Supervisor of Elections in last November's election, was arrested at the apparent behest of the office of the county's current Supervisor of Elections --- Brodsky's Democratic opponent in the race --- Dr. Brenda C. Snipes, while trying to view public, post-election counting and canvassing of ballots.

She was charged, at the time, with "disorderly conduct" and "trespassing," forced to spend the night in jail, and not released until nearly 6:00am the next morning, even though her son had posted the required $25 (twenty-five dollar) bail for her by 8:30pm on the evening of her arrest.

The "disorderly conduct" charges were dropped some time later, following the release of a video tape of the incident as posted by The BRAD BLOG in the days following the arrest. The tape, reposted again at the bottom of this article, revealed that Brodsky's conduct had been anything but disorderly when the county police were summoned by Fred Bellis, a deputy election official from Snipes' office, and Brodsky was thrown into handcuffs and hauled away.

While Brodsky's trial on a "trespassing" charge had been set to start today, a last-minute offer to drop all charges, in exchange for admissions by Brodsky that she would not be disruptive in the future, was sent to her last night from Snipes' attorney.

"There was no way I was gonna agree to such demands," Brodsky told The BRAD BLOG today, following the county's dismissal of the court case. "We offered our own compromise," she said. "We will accept a withdraw of all charges, and will, as I've always done, agree to follow Florida law regarding public meetings." It was an oral agreement.

Her attorney, Tanner Andrews, echoed her sentiment. "We agreed to do what we're already doing. We'll obey the law," he explained during a phone call this afternoon. "I could agree not to rob the bank next Sunday and it'd have the same legal effect," he added...

-- Brad Friedman, The BRAD BLOG

Okay, so I've been asked on several occasions, since the election last year, what I regard as the top priorities for election reform in the U.S. of A. In hopes of keeping it simple, stupid, at least until I hear opinions on these back from you folks, here is a summary list of the most important, and most eminently-doable-at-the-federal-level reforms as I see it.

I welcome your thoughts, recommended changes, additions, etc. For the moment, this is not meant as a comprehensive list of all needed reforms, particularly at the various local levels. But it's meant as a list of the big ones, as I seem them, and the ones for which I believe we could actually find a consensus in this Congress sooner rather than later. Nor is this meant as whitepaper with arguments and details for each item. But hopefully most regular readers of The BRAD BLOG will understand what these reforms entail and why they are necessary, as written in this summarized, simple list.

After hearing from you all, I may post an updated version later and/or set these up on their own page, in order track legislation for each of them as they roll (or don't) through Congress. Here's the list...

In the Minnesota Independent's coverage of former Sen. Norm Coleman's latest push for a "do-over" election, they also point to our recent coverage of GOP chair Michael Steele's obnoxious and absurd fund raising email to GOP members:

Well, that's a good point, isn't it? With Steele, the Republican Senatorial Campaign Committee, the Republican National Lawyer's Association, and all of their affiliated wingnuts claiming over and over that Franken is "stealing" the election (as we detailed and linked in our report), why aren't the Republicanists calling for criminal charges to be brought against him?

It does seem rather gracious of them to allow Franken to compete in a "do-over" for a U.S. Senate seat which they claim to have evidence of him trying to "steal" in the first place, no?

Are the wingnuts just nice that way? Or are they just full of shit? Hmmm, tough call.

(BTW, with all of those charges by the Republicanists, before the election, of ACORN committing massive "voter fraud," shouldn't Coleman and the Republicanists have brought forward their evidence for that during this important election contest trial, since they seem to have lost by only about 250 votes? Especially in MN, where ACORN helped to register more than 42,000 new voters prior to last year's election? With all of those fraudulent ACORN voters, and with Coleman's team having gone over every single vote cast with a fine-tooth comb, you'd think the GOP could have offered evidence of at least one case of "voter fraud" committed by ACORN in MN, no? Apparently not.)

Guest Blogged by Mitch Trachtenberg of the Humboldt County Election Transparency Project

California Secretary of State Debra Bowen has released a remarkable 13-page report [PDF] of her office's investigation into how the Diebold/Premier GEMS software silently dropped all votes contained on 197 ballots from the Humboldt County, California, November 2008 general election.

The report shows that this version of GEMS not only deleted a batch of ballots without any request by --- or alert to --- the elections staff, but also failed to note the deletion in the system's audit log. The report also points to other startling deficiencies with Diebold/Premier's software: "Key audit trail logs in GEMS version 1.18.19 do not record important operator interventions such as deletion of decks of ballots, assign inaccurate date and time stamps to events that are recorded, and can be deleted by the operator."

That's right. The Diebold/Premier vote tabulation system in question not only fails to record all events accurately, and sometimes at all, it also allows anyone with access to the system to completely delete audit logs, covering the tracks of any tampering that may have occurred, at any time, on the system.

Any of these flaws, the report concludes, "appears to violate the 1990 Voting System Standards to an extent that would have warranted failure of the GEMS version 1.18.19 system had they been detected and reported by the [federal] Independent Testing Authority [ITA] that tested the system."...

Yesterday, the California Secretary of State released a letter [PDF] to the U.S. Election Assistance Commission (EAC) and a report of their findings with regards to the problem discovered in early December, in Humboldt Co., with disappearing ballots on the Diebold GEMS v. 1.18.19 voting system.

The letter actually challenges the EAC to take action in “requiring that, for every voting system certified by the EAC, the voting system vendor report any and all flaws and problems with the system to the EAC and to the elections officials in the states where the system is used when such flaws are discovered.” And Secretary Bowen has taken the action herself by sponsoring legislation in California that will do what she has challenged the EAC to do.

The report is amazing in that it reveals why our voting systems are failing. The issues with the GEMS software go much deeper than just the fact that the system may lose votes. The state also found readily apparent violations of the federal voting system standards. These violations seem to have been ignored by federal test labs, by the National Assoc. of State Election Directors (NASED), and their consultants who qualified the voting system for use, and by-passed CA Secretaries of State and their consultants.

The big question is, will the EAC, staffed by people who were involved in the original NASED “rubber-stamp” of GEMS 1.18.19, take any action? Will they post the letter and report it in their “clearinghouse?” We certainly hope so. The present CA Secretary of State, Debra Bowen, and her staff deserve congratulations and appreciation for a job well done so far. It will be interesting to hear what follow-up actions will now be taken on the federal and state levels....

Guest Blogged by John Gideon of VotersUnite.org

"It is through the Constitution that we control the reins of government and insure that it remains the protector of individual, unalienable Rights - i.e., the servant of the People.

"Therefore, it behooves the People to show the Government that the People know what their Rights are and what Government's obligations are, that the People are watching Government as it exercises its delegated powers and that the People are prepared to act if the Government steps outside the boundaries drawn around its power by the Constitution." --- We The People Foundation

The U.S. Election Assistance Commission (EAC) works for the People. It doesn't work for special interests. It doesn't work for the voting system vendors. The EAC has an obligation, spelled out in its past advisories, public statements and, most importantly, in federal law, to carry out oversight of the voting systems we, the People, use in our federal elections. It does not matter that the EAC commissioners are not elected to their positions. They are still servants of the People.

Not long after being created by the Help America Vote Act (HAVA) of 2002, the EAC published, on June 8, 2004, "Chairman Soaries' Remarks about Electronic Voting Security Strategy for the November 2004 Presidential Election." The comments, by then EAC Chairman DeForest "Buster" Soaries included recommendations "to insure election integrity and promote voter confidence in the administration of the 2004 federal election," and stated, in part: "[The] EAC should solicit information about suspicious electronic voting system activity including software programming and should request aggressive investigative and prosecutorial responses from the U.S. Department of Justice Elections Crimes Branch in the Criminal Division."

The above was restated in a July 13, 2004 "Commission Advisory Letter" [PDF].

It's clear that if there is to be any federal body to recommend investigation and/or prosecution to the DoJ, in regards criminal violation of federal law concerning voting systems, it is to be the EAC, the body charged with testing, certifying, and performing as the "national clearinghouse...with respect to the administration of federal elections" (42 U.S.C. § 15322) and the electronic voting systems employed across the country.

And yet, the EAC has continued to utterly fail in those duties, as a particularly maddening chain of inquiries and emails --- back-and-forth and round-and-round --- that we'd sent to the EAC commissioners and their spokesperson over the past three months illustrates all too well. All we were trying to do was get a simple answer to a very simple question...