-- Brad Friedman, The BRAD BLOG

The lead attorney in the widening 2004 federal election fraud conspiracy case which began in Ohio --- but is rapidly growing to other states and other elections --- says that the stunning death of a key witness last Friday is a blow to the case, but not the end of it by a long shot.

"Michael Connell was a critically important witness. His loss hurts our case," Cliff Arnebeck, the lead attorney for the plaintiffs in the King-Lincoln Bronzeville v. OH Sec. of State lawsuit, told The BRAD BLOG in an email responding to questions about Connell's death. The Republican 'IT guru,' a top IT consultant to Karl Rove, George W. Bush, John McCain, and a bevy of congressional Republicans, had been in the nation's capital on still-unknown business before his single engine plane crashed Friday night on the way home, just three miles short of the runway in Akron, Ohio. The cause of the crash remains similarly unknown as of today.

"We will have to adjust," Arnebeck told us in response to queries about where the case may necessarily need to go from here. "The kind of organized criminal enterprise we are addressing requires the resources of the very best that the investigative press corps and law enforcement, at all levels, can muster."

As posted on the New York Times website in full on Saturday, the last line of a press release from VelvetRevolution.us, who has retained Arnebeck as counsel in the case, reads "Our prior request to have Mr. Connell protected went unheeded and now he is dead." [DISCLOSURE: The BRAD BLOG is a co-founder of VR.]

However, despite Connell's elite status as a top-rung Republican consultant for years --- he reportedly received some $800,000 from the Bush/Cheney campaign in 2004 alone --- the NYTimes, the nation's paper of record, has yet to run anything else on the death of the man who, Arnebeck notes, he had intended to both further depose, as well as call to testify as a key trial witness in the federal conspiracy case. Coverage from the UK's Telegraph, however, is published here.

Connell had been compelled by the federal district judge in the case, on the Friday prior to last month's Presidential Election, to give a deposition to plaintiff attorneys on the Monday before the general election. The order for that deposition came after the OH attorneys had sent a letter to U.S. Attorney General Michael Mukasey, seeking protection for Connell and his wife. While Connell had expressed a willingness to testify about what he knew concerning the '04 election, and the election website network he had created for Ohio's then-Sec. of State J. Kenneth Blackwell, he had become reticent after Rove had sent threats to Connell and his wife, according to tipsters...

Posted on Thursday is the featured blog by New Jersey computer scientist Andrew Appel. In the blog and linked video Professor Appel shows how easy it is to remove and replace new security seals installed on the machines in New Jersey by Sequoia and the state. The professor also points out that the addition of these security seals is just another smoke-screen from Sequoia. It took him 7 minutes the first time he removed and replaced the seals.

This weekend also finds more from Minnesota including an article by one of the non-partisan observers to the whole recount procedure. Good job by all who have been involved in that process.

We also have an article about Buddy Johnson, the soon to be out of work Hillsborough Co Florida election supervisor who has now dropped his request for $2.3M to cover cost overruns in this past election. Could it be he is nervous that the county has threatened to audit his office to find out how they spent their money? ...

Guest blogged by Emily Levy of Velvet Revolution
[Additional material added on 12/20/08 by Brad Friedman]

The Akron Beacon Journal is reporting that the private plane of the GOP's highly-placed "IT guru" Mike Connell's went down in Lake Township, Ohio on Friday evening. Connell was killed in the crash and is reported to have been the only person on board. There are no reports of anyone on the ground being hurt, though his plane crashed in a residential neighborhood.

Connell is a familiar name to readers of The BRAD BLOG as a key witness in the King-Lincoln v. Blackwell lawsuit regarding fraud in the 2004 Presidential Election in Ohio. That recently revived, long-standing lawsuit led to Connell's recent deposition on November 3, 2008, the day before this year's general election. According to plaintiff's lead attorney Cliff Arnebeck in July, a tipster had warned that Connell had been threatened by Karl Rove, as The BRAD BLOG reported at the time, in an attempt to intimidate him into "taking the fall" for Ohio election fraud not long after a motion was filed to lift the stay in that case.

Connell had been memorably described as a "high IQ Forrest Gump", by the attorneys for the plaintiffs in the Ohio fraud case, for his apparent penchant at the scene of "every single crime" from Florida 2000 to Ohio 2004 to the network firewall on a number of key Congressional committees to the case of the missing White House emails. (Video and text transcript of the interview with the attorneys here.)

In late September, the federal judge in the Ohio case agreed to lift the stay, and in late October he compelled Connell to give a deposition to plaintiff attorneys on the Monday before the Tuesday general election.

Connell had been served with a subpoena to appear in the federal courtroom in Ohio at the same College Park, MD airport where his single engine plane reportedly took off from last night, on his final solo flight...

Following the discovery of hundreds of ballots deleted by Diebold's paper ballot op-scan system in Humboldt County, CA, the county's election chief Carolyn Crnich has finally decided to dump Diebold all together. That's the good news.

The bad news, as longtime local election integrity advocate Dave Berman detailed this week, is that Crnich has decided to jump out of the frying pan, and into the fire with a different op-scan system, made by a different private vendor, using similarly secret software, with many of the same problems found in the crappy Diebold system she's finally tossing over the side.

A spokesman for Hart InterCivic, the private Austin, TX company which makes the paper ballot op-scan system Crnich is hoping to use, defended the county's planned move, though he had to make some erroneous claims to The BRAD BLOG in order to do so...

Following up on the latest monumental failure by Diebold/Premier --- whose voting system was recently found by a citizens' transparency project to have lost hundreds of ballots in a single precinct in Humboldt County, CA --- Wired's Kim Zetter covered the issue earlier this week.

Her article touched on a number of technical issues involved in the failure of the Diebold GEMS central tabulator which, though we hadn't noted them in our own coverage, are nonetheless important, even if somewhat down in the weeds, and perhaps most of note to technical election integrity geeks only.

As quoted below in some detail from Zetter's report, she advances the story by noting:

• The problem, which Diebold admits has been in its system for years, likely wouldn't have been noticed at all were it not for the unique, experimental, citizen-led "Humboldt Transparency Project." Even CA's required 1% random post-election "audit" wouldn't have uncovered the problem, since absentee ballots are not included in that audit.
• The chances of the problem occurring, which resulted in ballots being deleted without notice by the Diebold GEMS tabulator, are rather high, even if chances of discovery of the error by election officials are very low.
• Diebold's explanation for the failure may or may not be legitimate.
• The GEMS internal "audit logs" (the GEMS system was used in 34 states around the nation last November) aren't actually audit logs at all, and may not actually note the complete set of events which occurred on the voting system, even if anyone is allowed to review those logs in the first place.

Let's take a look at the details...

Last month we reported the story of the arrest of Broward County, FL, election integrity advocate and independent candidate for Supervisor of Elections, Ellen Brodsky. She was handcuffed and arrested, according to the police report, for "disorderly conduct" and "trespass/structure or conveyance" while trying to observe post-election ballot counting and canvassing procedures in the county.

After her arrest, orchestrated by her opponent, Supervisor of Elections Brenda Snipes, Brodsky was held overnight in the county jail until 5:45am the next morning, despite her son having posted bail for her --- a grand total of $25 --- at 8:30pm the night before.

Brodksy has an impressive record of finding serious problems with counting and election procedures in Broward County, which undoubtedly helped foster the animus from her opponent Snipes. Shamefully, as we pointed out in our original coverage, Brodsky is only the latest in a string of EI advocates around the country who have been arrested recently while trying to peacefully carry out public observation of our public elections.

Here now is the video tape of the incident that results in her arrest, as captured on a small flip camera provided by election watchdog organization VideoTheVote.org. The man seen on the phone, at the beginning of the tape, calling the police, is Snipes' deputy Fred Bellis. It's clear that Bellis, in cahoots with Snipes --- again, Snipes was Brodsky's election opponent --- clearly seems to have been choreographing the entire arrest.

As you'll see in the video below, the fact that she was arrested at all, much less for "disorderly conduct," is absolutely incredible and clearly without merit. Our original report offered a great deal of background and context, as well as comments from Brodsky and a number of both EI advocates and a state election official from a different county who have all worked with her. They all, almost uniformly, described the turn of events at the time as "outrageous" and an "abuse of power."

Here's the video. You decide...

By John Gideon and Brad Friedman

"Some people have called those who have long decried our nation's move toward voting machines nuts or just sore losers," reads the editorial from yesterday's Eureka Times-Standard.

"They were loud, and they were strident in proclaiming that they didn't trust election technologies as much as they trust the ability of actual human beings to count votes," the paper continues in response to the citizen's "Transparency Project" in Humboldt County, CA which, as The BRAD BLOG reported last week, discovered some 200 ballots that the county's Diebold optical-scan system had deleted from the initially certified count. Humboldt registrar Carolyn Crnich --- who deserves much credit for working with local election integrity advocates to allow them to create a more transparent, open-source optical-scan system as a check on the buggy Diebold hardware and software --- was forced to to re-certify the November 4th election with new results after the findings.

"The recent discovery, thanks to the Humboldt County Election Transparency Project, of a discrepancy in election results due to flawed software reveals that these activists were right to make noise, and right to complain about a company that has been less than responsible in dealing with the problem."

Thanks for noticing, Times-Standard. Now will the rest of the country notice? Specifically, will the U.S. Election Assistance Commission, responsible for testing and certifying these machines at the federal level, and the U.S. Dept. of Justice, responsible for enforcing federal laws --- which again seem to have been violated by Diebold (whose election division now calls themselves Premier) --- notice and take action?

Interviews with and responses from CA officials from Crnich to Sec. of State Debra Bowen's office indicate a serious problem, yet again, with Diebold's handling of the software failure which the company has known about for four years, even as they allowed election officials to continue using the same system in several states.

The BRAD BLOG has obtained a copy of Diebold's original terse, emailed notice of the software failure, sent to Crnich's predecessor in 2004, but never sent to CA's new Sec. of State, despite her "Top-to-Bottom Review" of all e-voting systems in the state which she undertook after taking office in 2007. (The Diebold email notice is posted below, in full.)

At the same time, local software programmer Mitch Trachtenberg, who developed the simple, transparent, open-source optical-scan software, using off-the-shelf hardware for the citizen's project --- including the ability to post all scanned ballots onto the web for citizen review --- may have inadvertently revealed the scam perpetuated by the nation's electronic voting machine vendor's who were allocated some $3.9 billion federal tax dollars for their efforts at creating proprietary systems, which don't even work as promised...or as required by federal law...

Guest Blogged by John Gideon of VotersUnite.org

Disgraced former Ohio Secretary of State, J. Kenneth Blackwell believes he's qualified to be the next Chairman of the RNC and is in the process of pitching himself to that end.

Among the qualifications offered by Blackwell --- who may someday find himself facing conspiracy charges for his part in overseeing the criminally mis-administered 2004 Presidential Election in the Buckeye State --- is the rather imaginative claim that he "prevented voter fraud from overturning the results of a U.S. presidential election and fought the left in federal court more times than you can imagine."

In terms of future plans for the RNC, the one-time-Democrat-turned-unapologetically-far-rightwinger says: "Voter registration must be a major emphasis for the Republican Party. Of course, we start at a competitive disadvantage with the Democrats and ACORN since we are strictly limited to registering people who actually exist."

This has got to be a joke. I'm afraid, however, that it isn't.

For much more on the GOP's ACORN 'voter fraud' hoax, see this BRAD BLOG Special Coverage page.

Guest Blogged by John Gideon of VotersUnite.org

First I think congratulations are in order for Humboldt County California Registrar of Voters Carolyn Crnich. Crnich worked with local voters and began the "Humboldt Election Transparency Project". The Eureka Times-Standard describes the program like this:

Crnich also deserves a big thank you, along with Trachtenberg, from the voters of Eureka Precinct 1E-45 because if not for the project and Trachtenberg's software their votes in the recent general election would not have been counted. The Times-Standard explains:

And this "glitch" in the Diebold/Premier GEMS central tabulator software has been known to the company since 2004, or so Crnich learned after exchanging several calls with the vendor...

Here's your chance to offer helpful thoughts, advice and concerns to the federal commission tasked with overseeing U.S. election administration, testing and certification of voting machines and (theoretically) serving as a national "clearinghouse" for problems with such machines.

High-ranking sources within both the U.S. Election Assistance Commission (EAC) and Obama transition team have indicated to The BRAD BLOG that changes are likely afoot for the executive branch commission as the new administration begins to take control of it. Now is likely a very good moment for you to speak up to them about it.

From an EAC press release just issued today...

Take note, America. This is how it's done...

(Hat-tip Steve Heller of VelvetRevolution.us)

UPDATE at end of article.

Math/statistics/poll-wiz Nate Silver at FiveThirtyEight.com predicts the race between incumbent MN Sen. Norm Coleman (R) and challenger Al Franken (D) could result in a 27 vote win for Franken. That's right, just 27 votes.

With that in mind, every single vote matters, so it's of note that the Franken campaign is now wondering about some missing ballots in a number of counties. From Public Record's coverage last night:

That in mind, we'll take the opportunity to remind both parties in the recount of our earlier suggestion that they make public records requests (if they haven't already) for the invoices from printers of all of the original ballots, and then request that all ballots --- including unvoted ballots --- be counted as part of the final reconciliation of ballots. The number of voted, spoiled, and unvoted ballots should be exactly equal to the number of ballots shown as printed originally on those invoices. If not, there's a problem.

But while ballots have now turned up "missing," and absentees have been tossed from the hand count, the GOP seems to be preparing for a FL 2000 PR gambit to "win" at all costs...

We've got a few more notes/thoughts on a couple of related ballot issues that have bubbled up over the last few days as we've been driving across the country. Given the closeness of this race, these issues could ultimately end up deciding it one way or another, even as the GOP seems to be preparing a FL 2000 PR gambit to "win" at all costs, no matter the final outcome of the hand-count...

The Minnesota Senatorial race is still the source of most of the news. The Minneapolis-St Paul Star-Tribune seems to have some of the best coverage of the recount. The link in the article below has not changed over the past few days but the story is constantly updated and changes as the news changes.

One of the counties that had problems on election day, readers will recall, was Kenton Co. Kentucky. You may remember that many of the county’s Hart Intercivic eSlate machines were not properly recording straight-party votes and they were taken out of service. The machines are sold, maintained and programmed by Harp Enterprises.

During an investigation of the Kenton Co problem the president of Harp told investigators that election officials in nearly 100 Kentucky counties failed to do any pre-election testing. If officials in Kenton Co had done the testing they should have found the problem that affected their machines. Of course, Harp has thrown the counties under the bus to some extent. It should have been their duty to warn the state that the testing was not happening. It is also important to note that Harp programs the machines in many of those counties so they are deflecting the blame to some extent...

Guest blogged by Emily Levy of VelvetRevolution.us

Following reports of concerns from voters, election monitors, observers, and election integrity advocates about the voting equipment and procedures used during the November 4th election in which Prop 8 --- a constitutional amendment banning marriage equality for all Californians --- is said to have passed, Velvet Revolution is requesting that official complaints from citizens be filed with the CA Sec. of State, by Monday if possible. Any voters who may have witnessed unusual activity, or problems with voting equipment that may have affected the casting or counting of votes on Proposition 8, are asked to contact SoS Debra Bowen's office as soon as possible. More details are posted here...

Additionally, VR is posting a $100,000 reward for information leading to arrest and conviction for election fraud related to Prop 8. See this post for details...

[Disclosure: The BRAD BLOG is a co-founder of Velvet Revolution.]

We've predicted since Election Day that Al Franken's chances of winning the U.S. Senate seat in Minnesota are excellent. News tonight, out of the state where a manual count of the paper ballots began today, may already be bearing out that prediction, though it's far too early to know for sure. Franken, so far, has gained about 30 votes on the incumbent Sen. Norm Coleman on the first day of counting, bring the gap between the two to just 172 votes.

The race was previously determined, by the faulty and easily manipulated ES&S and Diebold ballot-scanning machines initially used to tabulate the paper ballots, to have given an edge of little more than 200 votes in favor of Coleman, out of nearly 3 million ballots cast.

That hasn't stopped Coleman from desperately and prematurely declaring "victory" --- hey, it worked for Dubya in 2000, and he was able to successfully take that to the Supreme Court, after all! --- nor has it kept the GOP conspiracy theorists and potential sore-losers from declaring all manner of unsubstantiated claims of "fraud" and attempts to "steal the election."

But as the hand count moves slowly forward --- and as I may be "off the grid," or otherwise unable to keep up with every beat as quickly as usual over the next several weeks --- I'd ask that you folks keep a very close eye on a very important point likely to reveal itself (to those who pay attention) during this count...