"The most serious thing any software company can do is not fully test its products," William Singer told The BRAD BLOG this afternoon about the federal fraud case he filed nearly two years ago, which has finally been unsealed by a judge as of today.

"To release a product for important purposes that has not been tested at all is quite shocking, I would say. Especially since it indicates that nobody can predict what, when, or how it might fail," Singer explained about the e-voting systems made by Hart InterCivic, for which he worked as a technician several years ago. "It would make a mockery of any certification."

Despite having some direct involvement in the case from the beginning, The BRAD BLOG has been unable to report any details on it for going on two years --- we haven't even been able to offer the names of the plaintiff or defendant in the case --- since originally reporting that it had been filed in federal court, due to the fact that it was under seal, waiting for the U.S. Attorney General to decide whether the DoJ would join the suit or not.

Singer's suit is the fraud case which originally made waves when it was first filed two years ago, with the aid of Robert F. Kennedy, Jr., and Florida attorney Mike Papantonio, until it then went "underground" due to the legally mandated seal disallowing the plaintiff and his attorneys from offering any specific details to the public.

As AP reported today, the seal on that federal qui tam (fraud, false claims) complaint, brought on behalf of the United States by Singer against Hart, one of the big four American voting machines companies, has now been lifted, and the case may finally proceed as originally filed.

The BRAD BLOG has obtained the complete complaint and the judge's order lifting the seal...

• The full complaint may be downloaded here [PDF, 45 pages].
• The judge's order unsealing the case as of last night is here [PDF, 2 pages]

The second page of the complaint, which we are still plowing through, sets the initial grounding for the case...

Last week, in the wake of their AVC Advantage touch-screen voting systems having been found to have failed in at least six counties following New Jersey's Super Tuesday Primary, and on the heels of much-deserved ridicule for having threatened Princeton computer scientists with legal action should they go forward with an independent technical review of their voting systems, as requested by NJ election officials, Sequoia Voting systems issued a laughable press release headlined "Sequoia Voting Systems supports third party reviews and testing of its election equipment," which John Gideon appropriately eviscerated for all of the (putting it nicely) "misleading half-truths" therein from the dishonest, desperate folks at Sequoia.

The company, which claims their oft-hacked votings systems (accidental hack here, on purpose hack here) are secure and "tamperproof", subsequently saw their own website ignominiously hacked thereafter late last week.

But, as if the constant predilections of Sequoia VPs Michelle Shafer and Edwin Smith to slap "kick me" signs on their own backs wasn't enough, they then went on to release another statement last Thursday announcing they were commissioning their own "external review" of their own voting systems "that includes review by an independent company," which nobody has ever heard of.

So who is this "Kwaidan Consulting of Houston, Texas," whom the geniuses at Sequoia have selected to carry out their independent, third-party review? You're not gonna be believe this one...

Ohio's Secretary of State Jennifer Brunner is planning "a first-of-its-kind audit of votes from the March 4 presidential primaries, saying the outcome should help ensure the integrity of future elections," according to a report this morning from the Columbus Dispatch.

"Brunner is calling on 11 counties to volunteer for the audit, in which at least 7 percent of the votes cast in each county would be rechecked by hand," the paper reports.

That's good. But there are a couple of points that we hope she is well aware of, since such post-election audits can offer a deceptive result in a number of cases...especially on touch-screen machines...and especially in Ohio...

Blogged quickly by Brad from Palo Alto, CA...

We can't think of a clever enough turn of phrase this morning to adequately cover the full irony here... Via Computerworld...

Not enough irony yet? Add this...

Yes, that would be the same Ed Felten, computer science professor of Princeton, who last week was sent a threatening email from a Sequoia executive, warning of legal trouble should he dare examine the Sequoia AVC Advantage touch-screen voting machines which failed in New Jersey's Primary Election in February.

In the wake of this latest PR nightmare for the company, as John Gideon pointed out last night, they've decided to mount a Campaign of Lies instead of simply allowing their "tamperproof" e-voting systems to be examined by a third party. Brilliant strategy, guys. As usual.

The same failed Sequoia touch-screen systems, which have never been tested by any independent third-party, are currently set for use in Pennsylvania's Primary next month. We continue to encourage readers to click here to encourage NJ's AG to immediately commission a complete technical review of NJ's voting machines to determine what went wrong.

Blogged by Brad from the road...

Remember in the summer of '06 when citizen Election Integrity advocates from the Illinois Ballot Integrity Project (IBIP) discovered that Chicago's voter registration system was hackable, and allowed for access to voters' private information, such as Social Security number etc?

Looks like a similar thing has now been discovered in Pennsylvania, where their online voter registration system has now been taken offline after it was found that anyone was able to access other voters' registration information.

We can't even do online registration securely, and yet Democrats have been talking about actually voting by Internet?! There is, apparently, no bad voting idea (touch-screen voting machines, "paper-trails," vote-by-mail, now Internet voting) that Democrats aren't all too willing to leap at before bothering to look.

Of course, where Democrats fail with often the best of intentions, Republicans often aim to "fail" in the first place with such systems. We're still not sure exactly which of those is worse. Either way, there seems to be plenty of failure to go around these days. Luckily, there's nothing important coming up for voters in Pennsylvania anytime soon.

Guest Blogged by Dennis Domrzalski of f-brilliant...

The Albuquerque Journal today proved once again why it can't be trusted to inform the public.

Today the paper finally published a story about the allegations of vote buying at the mid-February Bernalillo County Republican Party's pre-nominating conventions. And what a lame, disgraceful story it was. Read this stupid lede:

Naaah! Really? A registration fee might be the root of a behind-the-scenes political flap?

How about allegations of criminal vote buying are ripping the party apart? That would be more accurate. How about this story has been raging in the national blogosphere for weeks and has contributed to a massive swell of anti-Rep. Heather Wilson venom? How about former KKOB Radio afternoon drive time news anchor Laura MacCallum broke the stories in late February and resigned in early March when her idiot news editor killed them because bloggers hadn't picked them up? How about the f-brilliant blog which broke the MacCallum resignation story and put the vote-buying allegations on the Internet on March 3, more than two weeks ago?

Or The BRAD BLOG, which joined f-brilliant and advanced the story on March 5 with its own exclusive interviews with a number of the players, including KKOB's news director Pat Allen, who backpedaled on his explanations for spiking MacCallum's stories once the reasons he'd emailed to MacCallum became public?

You'll never read about those things in the Journal because they're the truth and that paper is incapable of telling it...

-- Brad Friedman

Sequoia Voting Systems' legal threats against Princeton computer science professors and New Jersey election officials, as we reported in exclusive detail last night, have apparently had their intended effect.

The strong-arm email sent to professors Ed Felten and Andrew Appel was apparently accompanied by a two-page letter to Union County, New Jersey, Clerk Joanne Rajoppi, who originally discovered a tally failure in Sequoia's AVC Advantage touch-screen voting machines after the February 5th Super Tuesday election. The same error was subsequently discovered in at least five other counties.

Mercer County Clerk Paula Sollami-Covello tells the New Jersey Times that Sequoia's decision to block an independent analysis of its touch-screen voting machines makes no sense if the firm is confident that they work properly.

"I think it's unfortunate that they're not letting an independent investigation take place," Sollami-Covello tells the paper this morning. "They should have no problem with having a third party investigate the product if they are confident in their product."

Another Mercer County, NJ, official sent a letter to the state Attorney General criticizing Sequoia's bizarre explanation for failures discovered in the systems following state's recent Primary Election, characterizing what he describes as the company's "strange, confusing solution." He said the company's explanation for the problem, which succeeded in blaming voters and poll workers as usual, was based on a "bizarre scenario, with no cited evidence or testimony" to back it up.

While NJ's state clerks association had voted unanimously to recommend that the Attorney General commission an independent study of the machines --- the same ones which will be used across the state of Pennsylvania in next month's key Democratic Primary Election --- Union County's plan to move forward with their own study has been nixed due to the legal threats sent from Sequoia's VP of "Compliance/Quality/Certification" Edwin Smith, according to a number of New Jersey papers today.

Amazingly (or perhaps, not so much at this point), Union County's attorneys folded to the pressure from the company, which claimed that Election Officials in NJ --- who spent millions on the voting systems --- are not legally allowed to examine them independently because "the voting machine software is a Sequoia 'trade secret' and cannot be handed over to any third-party."

Fear of a lawsuit from Sequoia, which will also control the state's elections in an upcoming June primary, as well as the November general election, has led to county attorneys backing down from their plans for the time being, unless the state AG jumps in to take action.

In the threatening email from Smith to the Princeton professors sent last Friday, as posted here in full last night, the company executive threatened legal action if a "non-compliant analysis" of their voting systems was carried out. "We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith warned.

The Star-Ledger reports the latest, almost mind-numbingly incredible, developments in your democracy, now fully and completely in the hands of privatized corporate America, this morning...

-- Brad Friedman

Sequoia Voting Systems has sent a legal threat to Princeton University computer science professors Ed Felten and Andrew Appel warning them of legal action should they proceed with an analysis of New Jersey's touch-screen voting machines as unanimously recommended last week by an association representing election clerks across the state.

In a terse email sent last Friday, obtained today by The BRAD BLOG, Sequoia's Edwin Smith, Vice-President of Compliance/Quality/Certification, warns the university academics that the company has "retained counsel to stop any infringement of our intellectual properties, including any non-compliant analysis."

"We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith threatens.

The email from Smith to Felten and Appel is posted in full at the end of this article. Felten has confirmed its authenticity late this afternoon.

The call by state election officials for the independent study of Sequoia's AVC Advantage touch-screen machines comes in the wake of a recent finding that the systems mistallied voter turnout totals across at least six different counties in New Jersey's February 5th Presidential Primary Election. During a post-election canvass, it was found that the number of voters for each party, as reported by the internal printouts on the electronic voting machines, failed to match totals on the internal memory cards inside the same systems in a number of instances across the state.

Sequoia's explanation for the problem, essentially blaming voters and poll workers for pushing a complicated series of buttons, was found lacking by the state election clerks.

The discovery of mistallies followed on previous embarrassment for Sequoia and New Jersey when several machines failed to boot up at all on the morning of the Super Tuesday Election, causing a 45-minute delay for NJ's Governor John Corzine before he was finally able to cast a vote at his polling place in Hoboken.

The very same Sequoia AVC Advantage systems which failed in New Jersey, will be used across Pennsylvania in that state's upcoming --- and rather important --- Primary Election next month.

Sequoia has good reason to be concerned about what may come of an analysis by professors Felten and/or Appel. Both of them have previously detailed major voting machine security flaws, and the ability to easily hack into such systems made by both Sequoia and Diebold Election Systems...

By Brad Friedman from Phoenix, AZ...

With more than 3,000 counties in the United States of America, only heavily Republican Warren County, Ohio --- one of the last to report election results in the Buckeye State that night --- took action on Election Night 2004 to lock out members of the public and the media from their tabulation room.

The president of the county's Board of Commissioners claimed at the time that during a "face-to-face meeting between the FBI and our director of emergency services we were informed that on a scale from one to 10...Warren County in particular was rated at 10, 10 being the top highest risk."

Nobody, however, in Warren County has ever named the supposed FBI official who gave the warning, and to this day, the director of the county's Department of Emergency Services, Frank R. Young, will not reveal the name of the official with whom he claims he spoke, even as the FBI maintains "there was no information given to Warren County of an imminent terrorist threat to that county or to Southern Ohio," and that "None of our agents...advised of any type of any terrorist threat or anything like that."

Additionally, no one has ever been held accountable for what happened.

During The BRAD BLOG's exclusive interview last December with Ohio's new Secretary of State, Jennifer Brunner, she was asked about the infamous Warren County Lockdown and encouraged to investigate the matter to ensure something similar would not be allowed to occur during the 2008 election. She noted that she was still "troubled" by the '04 incident and "[couldn't] find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised at the time.

The Cincinnati Enquirer picked up on that section of our interview at the time, and now, going on four years since the Lockdown occurred --- first reported by The BRAD BLOG on November 8, 2004 --- a mainstream corporate media outlet has finally taken the issue seriously enough to devote some resources to a legitimate investigation.

Jon Craig's investigative report in Sunday's Cincinnati Enquirer notes: "Among those locked out were an Enquirer reporter, a TV reporter, and a stringer from the Associated Press." He goes on to report that "(t)he AP had stringers at all 88 boards of elections, and only in Warren County were they not allowed in."

Despite a misleading summary early in Craig's article, asserting the paper has "learned...A casual conversation about terrorism between the county emergency services director and a friendly FBI agent in a parking lot may have been the final trigger for the lockdown," what's clear is that to this day, no one from the FBI has ever come forward to substantiate Young's claims. Even today, while Young is taking responsibility for recommending the lockdown, he's sticking to his story that it was his conversation with an FBI official --- whom he still refuses to name --- that led him to his decision.

Both the FBI and the Warren County Sheriff tell Craig that Young's claims, essentially, are complete bullshit...

Blogged by Brad from Phoenix, AZ...

Enjoy that one? If so, be sure to check out this modern satirical classic from The Onion, as posted a week or two ago!

(Hat-tip Philip Shropshire...)

Ed Note: The BRAD BLOG's complete index of notable NM GOP/Heather Wilson "vote-buying" stories is available at https://BradBlog.com/NMVoteBuying.

Special to The BRAD BLOG by Dennis Domrzalski...

New Mexico Secretary of State Mary Herrera said her office is working closely and quickly with the state Attorney General’s Office to finish the investigation into the state Republican Party’s vote-buying scandal.

The agencies want the investigation completed before the state GOP’s statewide convention on Saturday, Herrera said late Tuesday in an exclusive interview with this blog.

Herrera also said she was troubled by the allegations that the campaigns --- including Congresswoman Heather Wilson’s U.S. Senate campaign --- had paid people to attend the Bernalillo County, NM GOP’s ward conventions on Feb. 17 and vote for certain delegates.

“It’s something new --- people being paid to get to conventions. I’ve never heard of it. I’ve been attending (Democratic Party) ward and state conventions since I’ve been 18 and I’ve never heard of anything like this. Now we have paying people to do it. It seems very odd,” Herrera said during the face-to-face interview in Albuquerque.

New evidence emerged in the case that offers a reason why Wilson’s campaign was suddenly forced to admit that they paid for at least five people to attend the conventions, after initially refusing to comment on the allegations of vote-buying at the Feb. 17 Bernalillo County GOP’s ward conventions: A paper trail...

Guest Blogged by Dennis Domrzalski of f-brilliant...

After waiting nearly a week, the Albuquerque Journal on Sunday finally published a story about Laura MacCallum quitting her job as KKOB Radio’s afternoon drive time anchor.

What a pathetic story it was, though. It shows why the blogosphere is daily becoming more powerful and why more and more people are turning away from traditional media sources for their news. The fact is, those traditional sources can’t be trusted to tell us what’s really going on, especially when it comes to their own industry.

MaCallum quit because KKOB News Director Pat Allen pulled her stories about allegations of vote buying at the recent sate Republican Party’s pre-primary conventions. Allen caved after getting complaints from Heather Wilson’s U.S. Senate campaign and from state Republican Party officials. (See BRAD BLOG's Special Coverage Page on the scandal here.)

The Journal's --- this newspaper is the largest media outlet in the state --- seven-paragraph story, buried on page B4, fails to mention that it was Wilson’s campaign that did the complaining. It didn’t go into detail about the vote-buying scandal, and it said nothing about Allen’s memo to MacCallum that he didn’t think the stories were valid because other media outlets and bloggers hadn’t picked them up...

Blogged by Brad Friedman from the road...

We've been on the road for the last several days, so haven't been able to keep you up to date with some of the latest beats in the NM GOP/Rep. Heather Wilson "Vote-Buying" story, since our on-air audio interviews with some of the key players on Friday. (see our Special Coverage Page here for the full background.)

New Mexico journalist and TV host Dennis Domrzalski --- who broke the story in the blogosphere first, including the not-insignificant detail that coverage of the original allegations had been spiked by NM's largest news/talk radio outlet KKOB-AM 770, leading to the resignation of their award-winning news anchor, Laura MacCallum, who had originally both witnessed and aired the charges --- has been advancing it smartly over the last several days. As The BRAD BLOG reported exclusively in detail last week, KKOB's news director Pat Allen has been having a difficult time keeping his stories straight about why exactly he spiked the stories after the Wilson campaign contacted him to complain about them several times.

Domrzalski will have a guest blog for us here shortly on the latest latest, but to quickly catch you up with notable developments over the last several days...

Blogged by Brad Friedman from the road...

The insidious nexus between phony GOP charges of "voter fraud" and the U.S. Attorney Purge scandal will finally be explored in a Senate Hearing on "In-Person Voter Fraud: Myth and Trigger for Disenfranchisement?" this Wednesday in Sen. Dianne Feinstein's (D-CA) Rules Committee. The complete witness list and press release from Feinstein's office, announcing the hearings, is posted at the end of this article.

Witnesses will include, among others, former NM U.S. Attorney David Iglesias, believed to have been fired for his unwillingness to bring phony voter fraud charges in the state despite pressure from folks such as Sen. Pete Domenici (R-NM), Rep. Heather Wilson (R-NM), and a representative of Republican operative Thor Hearne's now-defunct "American Center for Voting Rights," (ACVR) which The BRAD BLOG originally outed as a White House/GOP front group in a long series of investigative reports dating back to 2005, which began just after the supposedly non-partisan group (co-founded by two very high level White House/GOP operatives) first appeared on the scene...

Guest Blogged by Alan Breslauer

The BRAD BLOG's own Brad Friedman and other Election Integrity advocates spoke at the historic Joint Informational Hearing Discussion Of Problems Faced By Voters At The 2008 Presidential Primary Election held in Los Angeles on Friday (Brad covered one aspect of the hearing on the L.A. County "Double Bubble" ballot debacle quickly last week; our full body of coverage on the matter is posted here). However, Brad almost did not get a chance to say his piece as the Sergeant-at-Arms almost tossed him out of the hearing on multiple occasions for applauding (video below, 2:20):

Despite his "disruptive" antics, Brad was eventually allowed to speak to the panel about the Los Angeles County "Double Bubble" problem (video below, 2:23)

More video from the Election Integrity advocates' testimony at last week's hearings follows below...