[UPDATED: Please be sure to see the update, containing exclusive, previously unreported news, added at the bottom of this article.]

The BRAD BLOG learned this morning that a New Jersey judge has today given plaintiffs and Princeton University computer scientists the right to examine the state's Sequoia AVC Advantage touch-screen voting machines which failed to record voter totals accurately, in at least six different counties, during the Garden State's recent Super Tuesday primary.

Sequoia had previously both threatened legal action against the professors, despite a unanimous request from a state association of county election clerks, and attempted to quash the court-ordered subpoenas to have the machines impounded and examined independently.

The Courier-Post confirms this afternoon, and publishes the following account of the Judge's decision today...

The BRAD BLOG has covered this (sometimes very amusing) saga in great detail, since it first came to light following the election (and even on Election Day, when machine failure kept the NJ Governor from being able to cast his own vote for 45 minutes).

For those who haven't been able to keep up with it all, a post which quickly recaps the bulk of Sequoia's disgraceful NJ behavior can be read here.

We've also continued to cover (with complete exclusivity, unless someone else in the media cares to join us! Hello?) the saga of beleaguered Sequoia's fight for their very life, as they attempt to fend off a hostile take-over by competitor Hart InterCivic.

IMPORTANT/EXCLUSIVE UPDATE!: AP jumps in with a few more details raising a point which The BRAD BLOG can reveal here for the first time, concerning Sequoia's "intellectual property" rights. Namely, they neither own, nor control them, as admitted recently by the company's own CEO...

Early on election night last Tuesday, with just 18.07% of the unofficial returns from the Pennsylvania Primary in, astute BRAD BLOG reader Matt Sircely (who was aware enough to save off the HTML page locally!) noticed the following oddity on the official Dept. of State website results page...

Note the three different sets of bars and percentages representing Obama's tally. The problem did not occur for any other candidate [Update: looks like it did, see updates at bottom of article for more info], as seen on the full web page, which was noticed early in the evening, and saved locally by the alert reader. Whatever the problem, it was eventually corrected by officials.

Today, Sircely called the PA Dept. of State to try and get an explanation of what caused the problem seen above (audio from call is posted at the end of this article)...

Problem reports from polling places in PA, including voting machine malfunctions and long lines, began coming in early this morning. That could be an ominous sign, given that on most Election Days, the real extent of problems, at least with voting systems, isn't fully revealed until later, and often in the days after the election. See our report yesterday detailing concerns about e-voting equipment (though not from officials, who weren't concerned at all) and whether there would be enough machines to go around (presuming they work at all) across Pennsylvania.

Election Prob Hotlines...Machine probs: 1-866-MY-VOTE-1, Machine & other probs: 1-866-OUR-VOTE, Fraud tips: 1-888-VOTE-TIP

Map of counties, showing which type of machines each uses, available here. (Hat-tip BRAD BLOG commenter "GWN".)

4/23, 2:40am ET: "Smooth Sailing" say the media...even if their very own reporting revealed otherwise...

This will likely be the last of our "Problem Report Wire" dispatches added to this item. We'll pick up the rest of the PA mess, and there is a lot of it, in subsequent blog items.

The long list of reports that you can peruse below, from the past 24 hours, mostly culled directly from the corporate media itself, belie the claims made all day yesterday by many public officials and even the media themselves, that all went well at the polls in the Keystone State.

Countless voters were unable to cast a vote yesterday in PA. The overwhelming majority of those who succeeded in doing so, will never be able to determine whether or not their vote was counted accurately, or even at all, given that some 85% of those votes were cast on machines in which it is literally impossible for anyone, ever, to verify that a single vote was recorded accurately as per the voter's intent. We explained all of that here Monday night, prior to the election, in our article "The Pennsylvania Primary: Democracy of the Gods".

As we mentioned then, if any election official in PA (or anywhere else), or any voting machine company employee, or even any citizen, has proof otherwise, The BRAD BLOG would be happy to see it, and share it with everyone. But that proof will never come, because it does not exist, to the eternal shame of those who would allow such voting systems to be used in American democracy.

The headline of the first story in our final posted collection below, may say it all. The headline indicates "Mostly smooth sailing at polls," yet we suspect the voters referenced, who will never know if their vote was counted at all, and those who can never know if their vote was counted accurately (that would be all of them who voted on an e-voting machine!) may feel otherwise.

From Vindy.com...

NOTE FROM JOHN GIDEON OF VOTERSUNITEORG: Since when is it NOT necessary to count every vote? This tells me that it may not be necessary, in the county's mind, to count the provisional ballots.

From the Times Chronicle...

From the Times-Leader...

It is. Read the full story for the reasoning of the election officials, but as time allows, we will try to look into this story a bit deeper for more details.

The following video comes fresh from our buddy Jake Soboroff of Why Tuesday? He was at last night's Democratic debate and tried to get some answers from some of the local Democratic public officials on hand --- including Philadelphia Mayor Michael Nutter and PA Governor Ed Rendell --- to see if they had any concerns about the e-voting machines to be used in next week's crucial PA Primary.

Kudos to Jake for asking, just one of the so-many questions (if, arguably, one of the most important) that the Corporate Media, such as ABC News, couldn't even be bothered to dream of, apparently.

Despite the fact that, next week, wholly unverifiable, 100% faith-based e-voting systems will be in use across much of the Keystone State --- including, perhaps most notably, Sequoia's AVC Advantage touch-screens in Montgomery and Northhampton counties, even though very same systems failed so spectacularly in neighboring NJ on Super Tuesday (see this recent BRAD BLOG story for the quick skinny on what happened, and continues to be going on with the NJ/Sequoia failed touch-screen imbroglio) --- the election officials interviewed by Soboroff, in the following quick video recorded just last night, remain utterly and completely clueless.

It's simply amazing...

And folks wonder why the job of restoring Election Integrity in this country is so frickin' hard?!

The above video --- including Nutter's comments that there have been "no problems" with the machines, since, after all, they got him elected, and Rendell's admission that he "knows nothing about them", but that they are "all HAVA approved machines" --- underscores how unbelievably difficult this fight is, and how clueless the very folks needed to help make a change actually are, in this entire fine mess.

Suggestion to Soboroff for next vid: Ask any elected official or election official in PA, or anywhere else, if they can prove that even a single vote --- as cast on any touch-screen machine during any actual election --- has ever been recorded and counted accurately as the voter intended. Just evidence of a single such vote will do. They will not be able to do so. None of them.

UPDATE 4/19/08: The good election integrity champions of VotePA touched base with us concerning our above suggestion to Soboroff to point out that there is one way possible to prove that a touch-screen/DRE counted a vote accurately, as per voter intent, during an actual election. An unusual write-in candidate could be cast, and then checked after the election to see if it was recorded accurately. Therefore, we'll slightly modify our currently suggested challenge above, to any election official, asking for proof of any non-write-in vote having been recorded accurately as per voter intent, as ever cast on a DRE/touch-screen voting machine during an actual election. We've made that challenge for quite a while (minus the "non-write-in" part), and we've yet to receive an iota of proof from any election official, even from those who will tell you that their DRE/touch-screens record votes "accurately".

Truth is, they have nothing to prove their case. Not even a single (non-write-in) vote ever cast. Yet they still claim them to be "accurate" without any such scientific evidence of same. Go figure.

The Sarasota Herald-Tribune's column today on the awful Sarasota, FL, Supervisor of Elections, Kathy Dent --- and the criminal complaint against her outrageous, unlawful Election Day, in-precinct campaigning against a 2006 ballot initiative to ban touch-screen voting machines in the county (the initiative passed, despite her best efforts, and carefully placed brochures on voter sign-in tables!) --- is so good that I don't want to quote from it.

I want you to read it.

As the Herald-Trib describes, as revealed in Dent's interview conducted by the Florida Dept. of Law Enforcement, concerning her inappropriate (and illegal) placement of pro-touch-screen brochures in polling places, Dent admits she was aware of a voter's complaint about it, but ignored it "because she had assumed it was from 'one of the activists' that had been criticizing her and her machines."

The FDLE report on the matter, including their interview with the apparently-pathological Ms. Dent, as referenced in the column as "good reading", may be downloaded here [PDF, 16mb].

Dent, of course, is the woman who also presided over the FL-13 U.S. Congressional election that same year, when 18,000 votes disappeared in her county only, and only on her precious, now-banned, ES&S Ivotronic touch-screen machines, as the Republican Vern Buchanan reportedly edged out Democrat Christine Jennings by just 369 votes.

If the linked column doesn't give you enough of an idea of what a horrible, anti-democracy villain Dent really is, perhaps the following lovely, 30-second phone message --- left on the voice mail of Tallahassee' Election Supervisor (and democracy hero), Ion Sancho, moments after he appeared on a Fort Myers radio show, heard in Sarasota, in which he was asked about, and praised, the Sarasota citizen ballot initiative to do away with the touch-screens --- will give you some idea:

Sancho adds that Dent was also scheduled to appear on the same program, but begged off, likely after she'd heard that he would also be a guest. Though when he got off the air and checked his cell phone messages, he found she'd called immediately after the program. So she was apparently available to listen to it, at least, even if she didn't have the courage to come on and defend her views.

We hope to have more soon on Dent and this case --- for which she's (incredibly) been exonorated by the FDLE --- in the not-too-distant future.

CORRECTION/UPDATE: We originally characterized the phone call from Dent to Sancho, posted above, as being in regard to the FL-13 election fiasco. In fact, Dent's call to Sancho was made prior to the '06 Election, in reference to his radio interview comments on the Election Reform initiative, as now explained above. We touched base with Sancho just now, and he had some additional thoughts about Dent and her inappropriate campaign to defeat the initiative in question. Said Sancho: "This woman knowingly campaigned against an initiative on the ballot. If she wanted to do that, at a minimum, she should have formed a political action committee to do so. Supervisors of Elections don't give up their right to free speech, but they have to follow the law, particularly if they wish to influence anything on the ballot."

Last week our friends, voting rights attorney John Bonifaz of VoterAction.org and Greg Moore of the NAACP National Voter Fund, testified at a U.S. House Administrative Committee hearing on the 2008 Presidential Primaries and Caucuses and "What we've learned so far."

What we've learned, as Bonifaz explained in his opening statement (written version here [PDF], full video at the end of this article) is that "jurisdictions across the country are increasingly outsourcing, to private vendors, key election functions, and in the process, compromising the transparency and public control of our elections."

While all of that is likely old hat, by now, to readers of The BRAD BLOG, where our hair has been on fire about same for many years now, there was an interesting moment during the Q&A with a Republican congressman and panelists Moore and Bonifaz, as seen in the very short exchange (just under two minutes) in the video clip posted above left.

The Congressman --- at least momentarily --- stepped off the GOP reservation, to admit that the private corporations that fail in their outsourced election duties "should be fired"...

-- By Brad Friedman and John Gideon

New Jersey's Department of State, which at the beginning of this month took over all state-wide election duties from the state Attorney General's office, may be celebrating its new duties by sipping down a few glasses of Sequoia Voting Systems-flavored kool-aid in regards to the continuing saga of the Sequoia AVC Advantage touch-screen voting systems which failed during, and after, the state's Super Tuesday primary.

In a press release issued late last week --- which Sequoia was all too happy to selectively feature on its website --- the NJ Dept. of State made a couple of curious, and indeed misleading, announcements. Among them:

That, despite the finding of a NJ judge last Tuesday declaring that failed voting machines in some six different counties were to be subpoenaed by plaintiffs and subjected to mandatory independent review in order to determine the reason why at least sixty machines reported voter totals on their end-of-day paper tapes which disagreed with the internal numbers reported by the machines.

After the judge's order last week, Sequoia quickly moved to try and quash the subpeonas [PDF, 82 pages], despite the fact that they are not actually a party to the long-running court battle between the state of NJ and citizen plaintiffs suing them in hopes of getting rid of the touch-screen systems altogether (or, in lieu of that, have paper-trail printers added to them).

As Pennsylvania prepares to use the very same flawed Sequoia AVC Advantage voting machines in next week's crucial primary, we've tried to sort out what is --- and isn't --- going on in this New Jersey mess. We've also tried to determine who is reading the disputed paper tapes correctly, since a Princeton scientist seems to read them one way, while the SoS office and two of the NJ counties (which had originally read them as the Princeton Prof did) have suddenly decided to read them another way.

What we can tell you indisputably, however, is that if it's debatable as to what those paper tapes actually say, then those voting systems are in violation of the federal law which mandates "a permanent paper record with a manual audit capacity" that "shall be available as an official record." If there's a question about what the "paper record" from each machine actually says, than it certainly can't be used as an "official record" for auditing purposes.

To sort out the mess, we've touched base with the plaintiff's attorney in the case, as well as with the NJ SoS. Sequoia's spokesperson, VP and part-owner (for the moment) Michelle Shafer, on the other hand, doesn't seem to want to talk to us anymore for some reason...

In Aurora, Illinois, today, Beacon News' Dan Campana files a very good report on the federal fraud suit filed against Austin, Texas, based voting machine company Hart InterCivic. The suit, alleging dozens of false claims and fraudulent activities by Hart in order to receive federal Help America Vote Act (HAVA) money, was filed originally by former employee turned whistleblower William Singer back in 2006, but did not become unsealed until March 27th, when The BRAD BLOG covered it, along with posting the full stunning complaint [PDF].

Beacon News is based in Kane County, IL, which uses the faulty Hart voting systems in question.

Campana's report today --- which quotes yours truly in a number of places --- is the only corporate media coverage of the lawsuit in the nearly three weeks since the case was finally unsealed. Until now, there's been the fairly extensive coverage found on this blog, an item on the same day the case was unsealed filed by Kim Zetter at WIRED's "Threat Level" blog (which we replied to here), and a very short squib from AP on the same day, which, according to a quick Google News search, was carried by only a single news outlet, CBS 4 in Denver.

(For the record, our extensively detailed and sourced report on Hart's attempted takeover of Sequoia late last week has been picked up by nobody, other than ComputerWorld where we, ourselves, filed a short summary report. That, despite officials from both Hart and Sequoia having confirmed the accuracy of our report, and the fact that Hart, which controls some 8% of the voting market in this country, is about to swallow up Sequoia Voting Systems, which controls 20% of it, to become the nation's second largest e-voting machine vendor. We'll know by Tuesday at the latest, most likely, if Sequoia was able to save itself from Hart's hostile takeover.)

So with a dearth of coverage anywhere but here, we can heartily recommend Campana's report on Singer's suit. His article includes comments from us (as mentioned), one of Singer's attorneys, Hart spokesperson Peter Lichtenheld (who shamelessly plays the tired old "conspiracy theory" card), some Election Integrity advocates from the non-partisan Illinois Ballot Integrity Project, and some state and local Kane County election officials who have deluded themselves into believing their Hart machines are safe for use in American democracy.

When Campana interviewed us for his story, we suggested he ask any of the election officials he planned to interview for a single piece of evidence to prove that any single vote, ever cast during an election on a Hart DRE (Direct Recording Electronic) voting machine in the county, has ever been recorded accurately, as intended by a voter.

Though Campana references our challenge in his report ("Friedman contends no government officials can prove the votes cast on electronic machines can be accurately linked to tallies",) he doesn't quote any of the officials as being able to offer such evidence. Little surprise, because they can't produce such evidence. It's strictly impossible. Yet they continue to use these machines anyway.

But he does manage to get a few amusing and wholly unsupportable statements from some of those deluded officials. We're delighted to spend our Sunday dismantling them --- both the statements, and the officials...

A bunch of world-class computer scientists testified publicly this week that "U.S. Presidential Election Can Be Hacked".

As stunning as that sounds, there's nothing new here necessarily to readers of The BRAD BLOG, other than the fact that outlets like the IDG News Service and PCWorld are reporting it --- out loud --- and that the computer scientist community, specifically those who have been studying these systems, are now out and out saying it --- in public...and out loud.

"The three systems we looked at are three of the most widely used around the nation," warned professor David Wagner of the University of California, "They're going to be using them in the 2008 elections; they're still going to have the same vulnerabilities we found."

Wagner was speaking about e-voting system made by Diebold, Sequoia Voting Systems and Hart InterCivic which he examined during CA Sec. of State Debra Bowen's independent "Top to Bottom" review last year. He "and his team found that they could introduce a computer virus to any of the three systems, which would then spread throughout the county and ultimately skew the vote count," the IDG News Service reports.

While our readers may be familiar with the above, our friend "DHinMI" and his fellow misinformed DailyKos front pagers may want to give this short article a quick look sometime soon. Particularly the part about paper ballots, and that simply having them is not enough...if nobody bothers to actually count them.

Here's the key grafs from the article...Along with a special clip for the dangerously misinformed/misleading dKos boys and girls...

Still paging Dan Abrams...

The following email comes from Mark Crispin Miller, NYU media professor, and author of the landmark election integrity book, FOOLED AGAIN.

It includes an email exchange from yesterday with the finally-free-on-bond former Democratic Governor of Alabama Don Siegelman, concerning his allegations that his 2002 election was electronically flipped. (A rarely seen video interview, featuring Siegelman in 2004 discussing details of what he believes happened, is at posted at end of this article.)

-- Brad Friedman

As if Sequoia Voting Systems doesn't have enough trouble already, the company now needs some $2 million dollars in cash...quickly. Without it, it is likely to be subsumed by one of its nearest competitors, Hart InterCivic of Austin, TX, as soon as next Tuesday, The BRAD BLOG has learned.

In what could well be a major shift on the American election industry landscape --- and certainly on elections themselves in dozens of states across the country --- voting machine company Hart InterCivic informed the current owners of the beleaguered Sequoia of their intention to acquire ownership of the company in a move which could take effect as early as next week.

The attempted hostile takeover --- which, we've learned, has been quietly in the works behind the scenes since mid-February --- has set off a building panic among the senior management and owners at Sequoia, whose money woes had already led them to schedule a shut-down of their Oakland headquarters. That shop is to close within a matter of months, as the operations for the company are to be consolidated at its Denver offices.

The takeover by Hart is made possible in the wake of a deal made by Sequoia's current owners, SVS Holdings, Inc., with its former owners, the off-shore consortium Smartmatic. Smartmatic was forced to give up control of the company after the media and Congress noticed in 2006 that the company had ties to Venezuela's Hugo Chavez. The officers and owners of SVS are comprised largely of previous Sequoia officials who took over the company after Smartmatic's failed attempt to find an outside buyer in 2006. The deal resulted in an agreement between SVS and Smartmatic for the latter to hold a $2 million note from the purchase. Smartmatic now appears ready to sell that note to Hart as part of a $16 million dollar deal which SVS has a contractual right to match within a 60-day period, ending on April 15th.

Sequoia is believed by election experts to be this country's third largest voting machine company, followed by Hart. The combined operation, should the takeover be completed, could well create a new powerhouse in the industry, displacing #2 Diebold/Premier, and coming up just behind the country's currently largest election vendor, ES&S.

Court documents obtained by The BRAD BLOG reveal that Hart notified SVS of its intention to purchase the $2 million note held by Smartmatic on February 15th, giving the group of owners and share holders of SVS --- including CEO and President Jack Blaine, and VPs Michelle Shafer and Edwin Smith (whose names BRAD BLOG readers may recognize) --- just 60 days to match the offer Hart had given to Smartmatic. As the deadline nears, Due Dilligence processes have begun, and are near the final phases of completion at Sequoia...whether company management likes it or not.

Hart's move has sent Sequoia/SVS executives into a legal and financial tizzy and --- perhaps taking a page from Hillary Clinton's campaign book --- the company seems to be throwing the legal kitchen sink at both Hart and Smartmatic in an attempt to nullify Hart's offer. Court documents reveal arguments that Hart's is not a "bona fide" offer that SVS is legally required to match. So far, however, those legal maneuvers, reflected by a dizzying array of motions and cross-motions, suits and counter-suits --- completely unreported by anyone in the media until now --- have all been summarily and soundly rejected by the Delaware magistrate adjudicating the matter.

Every legal effort by Sequoia and SVS to dispatch with the hostile takeover attempt has failed miserably so far, leading Vice Chancellor Stephen P. Lamb of the Court of Chancery in Delaware to even describe one such legal theory of SVS' as...(big irony alert!)...a "conspiracy theory"!

But while Sequoia faces a plethora of legal liabilities concerning their oft-failed voting systems, Hart InterCivic faces its own share of challenges with a pending --- and damning --- federal fraud/qui tam suit against the company, as unsealed late last month. Moreover, Hart's acquisition plan could face scrutiny from members of Congress and Treasury Department officials, as well as states across the country who thought they had turned over control of their elections to Sequoia, only to soon learn there will be a new owner, not of their choosing, of the secret software and devices which determine the results of their public elections.

While litigation over claims of fraud and failure in both company's voting systems await, so does at least one major prize to the victor of this grudge match: New York state's soon-to-be-completed $100 million deal with Sequoia...or maybe now with Hart...or...whoever...

Guest blogged by Ellen Theisen, VotersUnite.Org

Over two years ago, the U.S. Justice Department filed a lawsuit against New York State to force the state to comply with the federal requirement to equip every polling place with voting systems that are accessible to people with disabilities, as mandated by the Help America Vote Act of 2002 (HAVA).

Meanwhile, the DoJ has taken no action at all to stop any state from using voting equipment that has been proven to violate HAVA’s requirement for accurate vote-counting.

While it's important for every citizen, disabled or not, to be able to vote privately, a private vote is meaningless if that vote is not counted accurately. Despite the equal weight HAVA gave to both important mandates, the federal requirement for accurate vote-counting is being wholly ignored by the states, and even the federal government.

Two recent incidents which have been making headlines --- in New Jersey and Ohio --- illustrate clear, undeniable violations of the federal accuracy requirement. They are impossible to deny or ignore. For the moment, however, federal officials are doing exactly that...

Just out from the NJ Star-Ledger...

In the meantime, we repeat our background detail on this amazing (and sometimes hilarious) story in full below, as we ran it this weekend when one of the Princeton professors threatened by Sequoia found the failures in NJ were even worse than previously thought.

Please note: The same failed Sequoia AVC Advantage touch-screens are scheduled for use in Pennsylvania in the important upcoming Democratic Primary!...

A failure in Diebold touch-screen voting systems in Butler County, OH resulted in votes not being included properly in Election Night results, even though the system had reported that all votes were uploaded and recorded correctly. Once the error was discovered, a subsequent upload of all of the county's 1599 touch-screen memory cards to the Diebold central election tabulator after the election, also resulted in the failure to record the results of one of the memory cards, despite the system having reported that all results were "uploaded properly."

The failure of Diebold's widely-used AccuVote TSx machines during the state's March 4th primary election resulted in the initial loss of at least 150 votes, and has prompted a letter of concern to the company (posted in full at the end of this article) from Butler County's Election Director, Betty L. McGary and Deputy Director, Lynn Edward Kinkaid.

In the letter to David Byrd, President of Diebold's recently-renamed election division, "Premier Election Solutions," the officials point out that two different memory cards failed to upload vote tallies to the central tabulator.

"It may appear that every vote has been counted when cards indicate they are being properly uploaded, when in fact votes cast on a memory card(s) are not tabulated in the results," the officials wrote after having discovered the matter. "It is unimaginable how serious this situation could have been should the problem be undetected, or ignored," they concluded.

The letter also details yet another previously-unknown problem with Diebold's central tabulator --- one that could well-effect this November's general election --- as revealed to the officials by a company employee during the initial trouble-shooting of the problem.

Despite recent urgings from the Ohio Secretary of State, Diebold AccuVote TSx voting machines are still used as the primary voting system in 44 of Ohio's 88 counties, and are also widely in states across the rest of the country. The Cincinnati Enquirer reports that officials "don’t yet know whether the same glitch may have affected results from previous elections in Butler County or elsewhere." ...

Guest Blogged by Alan Breslauer

Art Levine at The American Prospect has a new must read piece titled, “The Republican War on Voting: Using the Department of Justice, friendly governors, and its usual propaganda outlets, the GOP has propagated the myth of voter fraud to purge the rolls of non-Republicans.” Here's a small taste of it...

Levine also draws quite a bit (and links to some) of The BRAD BLOG's years-long exposé coverage of high-ranking Republican vote-suppression cappo Mark F. "Thor" Hearne and his GOP front-group "American Center for Voting Rights" elsewhere in his detailed report.

In related news, John Tanner, the man in charge of the Justice Department's efforts to disenfranchise millions of voters until he was forced to resign after The BRAD BLOG captured and exposed him making crazy offensive comments on video (see below), has a new job, apparently. Tanner is reportedly now a fellow with the Alabama Law Institute - which provides the Legislature with legal expertise in drafting and revising laws.