In a ruling issued this afternoon just prior to the Holiday weekend, the presiding Florida Circuit Court Judge William L. Gary denied the plaintiffs motion to allow review of the source code for the paperless touch-screen machines used in the contested U.S. House race in Florida's 13th district between Democrat Christine Jennings and Republican Vern Buchanan.

Jennings, and a number of Florida voters and Election Integrity organizations, had filed suit asking for a revote and to allow them to review the software used on the voting machines made by Election Systems and Software, Inc. (ES&S), after some 18,000 votes seemed to have disappeared in the race to fill the U.S. House seat vacated by former FL Secretary of State Katherine Harris. The state has previously certified Buchanan as the winner by a 369 vote margin.

Gary's terse ruling [PDF], issued this afternoon denying the motion to compel the company to turn over their source code, states that ES&S has a right to keep their software hidden from review by both the Jennings camp and voters, supporting the company's "right" to keep their "trade secrets" protected.

An audit of the machines was previously conducted by a panel convened by the state. The various plaintiff groups had roundly criticized both the make-up of the panel and the procedures used during the testing, characterizing it as an "exercise in futility." The panel was led by a known hard-right Republican partisan and included the state's own official responsible for voting machine certification. No independent Election Integrity advocates were included on the panel.

That audit --- to nobody's surprise --- revealed no problems in the hardware or software as tested. But the plaintiffs have argued that only an independent investigation of the source code used on the Direct Recording Electronic (DRE) voting machines might reveal reasons for the inexplicably large undervote rate in the race, more than 12%, only found on Sarasota's paperless touch-screen systems. Absentee paper balloting in the county, and on voting machines in other counties which make up the FL-13 district, revealed no such anomalous undervote rate. Undervote rates on paper absentee ballots in the same race, in the same county, were just over 2.5%.

Neither the Buchanan camp, nor anyone else, has been able to give a credible explanation for the disparity.

Gary's ruling denying Plaintiffs' motion to examine the voting machine source code finds that:

The plaintiffs had been requesting a revote for the election in the Florida circuit court. Jennings has filed a contest in the U.S. Congress, under the Constitutional provision which allows the House to determine the seating of members. When the new Congress convenes in January they must decide whether to seat Buchanan as is, seat him provisionally, seat Jennings instead, or leave the seat vacant, essentially forcing a Special Election in FL-13, or take some other action.

Tech Mag PCWorld named E-Voting #3 on their list of "The 21 Biggest Technology Mistakes of 2006"...

We've come a long way, baby.

And we also take year-end great pride in that folks look back on Princeton's Diebold Virus Hack as one of the seminal moments in this whole sordid affair. (The machine used in the research was a DRE/touch-screen system supplied to VelvetRevolution.us by a BRAD BLOG source and we then gave it to Princeton for their now-infamous study.)

First they ignore you.
Then they laugh at you.
Then they attack you.
Then you win.

We hinted at this last week when Florida's corrupt Rep. Tom Feeney (R-Abramoff) expressed his obnoxious indignation over the democratic (small "d") Congressional election challenge filed by Christine Jennings (D) against Vern Buchanan (R) in the FL-13 U.S. House race. This is the contest in which the perpetually election-challenged state of Florida certified Buchanan as the winner by 369 votes, even though some 18,000 votes seem to have disappeared altogether on Sarasota County's paperless ES&S touch-screen voting machines.

The challenge brought Feeney slithering out from under his rock to charge that Jennings' Constitutional request that Congress not seat Buchanan --- who appears to have "won" only due to failures in Sarasota's voting equipment (which even ES&S's own "expert witness" admitted on the witness stand during a hearing on the election contests filed by both Jennings and voters in Florida) --- amounted to "total political dictatorship."

At least that's what Feeney told the Orlando Sentinel at the time.

What he doesn't seem to have told them is that he too is the object of a similar Constitutional challenge in Congress by his own opponent, Clint Curtis, in the race for U.S. House in Florida's 24th district.

Curtis, who originally exposed Feeney's alleged attempt to create touch-screen vote-rigging software back in 2000 (a story broken by The BRAD BLOG in 2004 and followed in detail ever since), campaigned to unseat Feeney this year for the first time, but was declared the loser. Curtis disagrees.

Warren Stewart at VoteTrustUSA covered both the Curtis and Jennings challenges on the Thursday before XMas weekend, along with a posting of the complaints filed by both candidates (Curtis' complaint here, Jennings's complaint here, both in WORD format) as filed in Congress. We've yet to review either complaint or discuss them with either candidate personally, so we'll refer to Stewart's coverage and the actual complaints for the moment and let you people do some work for a change.

The Orlando Sentinel, however, picked up on the story of Curtis's challenge on Xmas Eve in a brief post in their "This Just In" section. Here's the full item...

Stay tuned, indeed...The saga continues...

Tom Feeney (R-Abramoff) is back! And he's not taking any shit from any of those democracy loving pussies!

Now that he's temporarily been sent back to the U.S. House of Representatives --- after having spent more than $1 million in corporate PAC money to achieve an unimpressive victory over Clint Curtis, the computer programmer who spent about $40k on his campaign and has accused Feeney of conspiring to create vote-rigging software in Florida --- Feeney is ready to rumble!

"That is total political dictatorship," Feeney tells the Orlando Sentinel today in regard to the Congressional election challenge filed yesterday by Democrat Christine Jennings in the U.S. House after 18,000 votes disappeared in her recent election in Florida's 13th District, leading to a reported "loss" by 369 votes to Republican Vern Buchanan.

And, if anybody knows anything about "total political dictatorship" it would be Tom Feeney. The man who, as Speaker of the Florida House in 2000, promised to deliver the state's Electoral Votes to George W. Bush no matter what those democracy haters on the U.S. Supreme Court had to say about it!; the man who worked as general counsel and registered lobbyist (even while speaker of the Florida House) for a company that had harbored at least one illegal alien who pled guilty to charges related to sending Hellfire anti-tank missile chips to Communist China; the man who keeps his campaign headquarters in the firm's headquarters building even today!; the man who didn't raise a peep when the Republican controlled U.S. House sent a letter ordering a California judge to dismiss a lawful election contest in San Diego's special U.S. House election last Summer after the House had rushed to swear in apparent-winner Brian Bilbray just 7 days after the election, with thousands of votes still uncounted and a full two weeks before the state would even certify the close and disputed election which was run illegally on compromised, decertified electronic voting machines.

Now --- even after the only expert witness put forward in Florida by ES&S, the voting machine company that makes the touch-screen systems used in FL-13, admitted yesterday on the stand that Jennings would have won the election were it not for problems with the voting equipment --- Feeney is the man sticking his bright red, irony-impaired face out to declare that Democrats would be participating in "total political dictatorship" by exercising their constitutional right to "determine the manner and seating of their members."

"Total political dictatorship" - Nobody knows it better than Tom Feeney.

Oh, and could he also be so angry about this because it turns out that Clint Curtis himself has now filed a Congressional challenge in his race against Feeney? More on that, hopefully, later....

An instructional web page, explaining the ES&S touch-screen electronic voting machines in use during Florida's disputed FL-13 U.S. House Election gives faulty information to voters about the way the county's paperless voting systems works, The BRAD BLOG has learned.

The information offered on the county's election website, concerning the crucial process during which voters might choose to adjust any "undervotes" found on their electronic "ballots" at the end of the voting process, is misleading and incorrect. According to several sources, the systems in use during the contested November 7th U.S. House race between Vern Buchanan (R) and Christine Jennings (D) did not operate as advertised by the Sarasota County website.

The county web page in question is described as "a technical look at how the ES&S iVotronic touch screen system works." Yet, Sarasota's ES&S iVotronic systems, apparently, didn't work as described on the site.

The "VOTE button" on the iVotronic, as explained by the text on the website, will cast the vote only after the summary page is given to the voters, allowing them to explicitly approve or disapprove of any undervotes found on their "ballots."

"The iVotronic will review the ballot for any races for which the voter did not cast a vote (undervote), and asks if this is the intent of the voter," according to the webpage. The voter is then said to receive a YES or NO option to confirm their intention of undervoting in the particular race(s).

(The webpage is here. Click the #5 option to see how the "VOTE button" on the system is supposed to work. A screenshot of the page follows at the end of this article.)

Lowell Finley, however, an attorney for VoterAction.org --- one of several non-partisan organizations leading a voter lawsuit demanding a revote in the election --- tells The BRAD BLOG that "the statement on the Sarasota website is false" and that voters were not given such an option on November 7th.

We also inquired about the matter on Friday afternoon with the office of "the Honorable" Kathy Dent, Sarasota County's Supervisor of Elections...

From Tribune Media Services' Robert Koehler, in his latest column, "Electronic Treason"...

We feel ya, Bob. And thanks for being there where few dared to go back in those dark days of mid-2005.

Read the rest at Koehler's own site or at Huff Po.

ED NOTE: See our own thoughts on the "Constitutional Option" of a Congressional challenge in the Jennings/Buchanan FL-13 race, and how this version differs from the same law (mis)applied in last Summer's Busby/Bilbray Special U.S. House election in CA-50 as posted yesterday.

From today's St. Petersburg Times...

In a side note, Rep. Tom Feeney (R-Abramoff), a man who knows a thing or two about both bad elections and bullying people to get his way, is quoted in the story as well:

Feeney, aside from allegedly asking computer programmer turned whistleblower Clint Curtis to create vote-rigging software back in 2000 (which is notorious enough), notoriously also announced, back in 2000 as Speaker of the Florida House, that he would take it upon himself to ensure that Florida's Electors went to George W. Bush no matter what the United States Supreme Court would ultimately decide during the 2000 imbroglio.

Feeney is a bully of the highest reknown. With a fresh election "victory" under his belt (albeit one which his challenger, the whistleblower-turned-candidate Curtis, has questioned) watch for him to crank up his bully-boy-ness as things move forward in this and other related affairs in the new Congress. Watch for The BRAD BLOG to keep calling him on it.

People for the American Way (PFAW) just released the following update on the latest goings on in the FL-13 battle where their lawsuit (filed along with several Election Integrity organizations) has now been joined by the court with Democratic candidate Christine Jennings's own suit. Both are calling for a revote.

The press release (posted in full below) says that the state-run audit testing of a few of the machines in use on Election Day is an "excercise in futility" due to the small sampling size of the tests and the fact that the commission chosen to carry it out has reasons to ensure that nothing is actually found to be "wrong" with the paperless ES&S voting machines on which some 18,000 votes disappeared in the U.S. House race down there.

By the way, I recently spoke with Lowell Finley, the lead attorney from VoterAction.org, one of the groups filing the lawsuit on behalf of voters down there. He confirmed that the machines being used for today's testing --- two chosen by Buchanan, two by Jennings (from precincts with the highest undervote rate) --- will essentially be compromised by today's state-run audit testing. Though Finley and the others tried to make that point to the judge assigned to the matter, that testing these machines in this way would corrupt the original data, the court decided to allow the state to use them in this way nonetheless.

PFAW's news release, issued moments ago, also gives details and a link for more info concerning this Sunday's planned "Revote Rally" in Sarasota, as well as a link to video testimony from more than 50 voters who had trouble voting in the Jennings/Buchanan race on November 7th.

The PFAW press release follows in full below...

I appeared on the "Week in Review" program, hosted by Bob Jimenez, a week or two ago out here in Los Angeles to discuss fallout from the 2006 Election Meltdown. The show was taped on November 17th and aired the following week. Thanks to Alan Breslauer, the video is now finally available below here at The BRAD BLOG.

Discussion included problems in California from Riverside to Monterey, Sequoia's yellow button, Diebold's sleepovers in San Diego, lack of paper ballots and voters turned away without being allowed to vote by the thousands around the country, Sarasota's mess, the failures of Bruce McPherson, Michael Haas, and other lousy elections officials, the need for reform, the mainstream corporate media's dismal failure, and more.

It's about 15 minutes of mind-blowing information, crackling wit, rapier-like rejoinders to the skeptics on the 5-person panel program, and generally brilliant repartee from yours truly...Well, it's about 15 minutes anyway.

On a side note, the show airs on the Time-Warner Channel out here since they swallowed up Adelphia over the summer. Though the public-affairs program has been running for nearly 20 years in LA, it looks like T-W is about to stop airing it all together. A great pity, that. Yet another casualty of unchecked mass media consolidation.

-- Streaming Flash version...

Yesterday Sarasota County, FL, began their state-run test audits of the paperless ES&S touch-screen systems used in Florida's 13th District House race where 18,000 votes disappeared, resulting in a 369 vote margin between Christine Jennings (D) and Vern Buchanan (R) to fill the seat vacated by former Secretary of State of Katherine Harris.

The first day of testing revealed miscounting errors on all four of the machines used during the test, according to the Sarasota Herald-Tribune and at least two citizen observers who blogged their account of the day's testing.

State officials who convened the panel blamed the miscounting on...wait for it...human error!

Of course they did. The panel itself has already been plagued with controversy after Election Integrity organizations criticized the selection of several members assigned to the commission, including the very partisan Alec Yasinsac, who appeared on the steps of Florida Supreme Court in 2000 wearing a "Bush Won" button, and David Drury, the state official who certified these particular systems in the first place for the state of Florida, declaring them safe and accurate for use in an election.

The first day of testing employed machines that were not actually used in the November 7th election (Friday's testing will include machines actually used that day) and were not performed under normal voting conditions (e.g., the machines were hung from the wall, instead of placed on stands to approximate the height they would be for most voters --- important, since these machines tend to register votes differently for tall voters than they do for other voters.)

Nonetheless, errors in the counting were registered by all of the machines used in testing. The results differed from the votes in "scripted" ballots that state testers had punched into them. Ironically, the errors ended up giving Jennings a higher vote total than she should have had according to the prepared voting scripts.

The Herald-Trib --- who, by the way, has reinstated its FL-13 Special Coverage page since we pointed out its removal a few days ago --- is reporting today that, "All four voting machines that officials used to simulate the Nov. 7 election had miscounts, and three of them had miscounts in the District 13 race."

A diarist over at DailyKos who has been on-site, covering the day-by-day details of the goings-on --- and who has a user name we well approve of --- "BeTheMedia" describes yesterday's results this way:

And, of course, it is interesting to see how the State explained the shift, though their explanation is no longer much of a suprise...

The state of Alaska which, as avid BRAD BLOG readers will recall, had been fighting tooth and nail to keep from releasing their database of how voters voted back in 2004, is at it again. Now, despite a court order, the state is refusing to release the new 2006 database, according to a press release just issued by the state Democratic Party. (Press release posted in full at the bottom of this item.)

Previously, the outgoing Governor Murkowski went so far as to have his top security man issue a memo saying release of the 2004 database would be a "security risk." The state had argued prior to that that they could not release the database because it was a "company secret" of Diebold's, according to their contract with the Anti-American Voting Company. All of that after Democrats had discovered a 200% voter turnout in some jurisdications across the state.

Murkowski's daughter Lisa, whom Frank had appointed to fill his seat in the Senate when he ascended to Governor, was in a very close race for that seat in 2004. In fact, most polls showed her trailing against her opponent prior to Election Day.

A court eventually forced the state to release the 2004 database but it was found to contain hundreds of edits since the 2004 election, including as late as July of 2006, prior to the release of the data.

See all of the stories in our Alaska category for the bizarre roller-coaster ride on this issue in the state.

Now it appears that Alaska is at it again, fighting to not release the database from the 2006 election in the only state that we know of where the Democratic Party themselves are actually fighting for complete transparency.

Here's the first two grafs from today's Press Release just issued. The complete press release follows below it...

Yes, we're as tired of writing about it as you likely are of reading about it. But as run-off elections proceed (Arkansas's is tomorrow), touch-screen votes are still flipping from one candidate to the other on ES&S's touch-screen machines during early voting. (ES&S made the touch-screen machines in FL-13, btw.)

Heber Springs, Arkansas, mayoral run-off candidate Jackie McPherson began to suspect problems when both his mother-in-law and her mom told him their attempted vote for him flipped over to McPherson's opponent during early voting. He went to the Cleburne County Clerk's office to test the problem for himself --- in front of the County Clerk, who at first told him it was not possible --- and then they were both able to watch the vote flip about 20 times in a row.

McPherson says the head of the local Elections Commission then told him "the election would have to go on," and that he "would have to get a court order to review the machines and the problem that obviously exists."

Neato, huh?

Key grafs fom McPherson's description of his vote-flipping adventure at the County Clerk's office are below. The Sun-Times full coverage is here...

And the beat goes on...

Apropos of our previous piece --- in which we pointed out that nothing exists until the corporate mainstream media says it does --- Associated Press has now officially characterized the Florida 13th Congressional Race as a "meltdown" --- one which is "a microcosm of the 2000 Florida election fiasco that put George W. Bush in the White House."

Of course, simply calling it a "meltdown" (gosh, where have we heard that description before?), doesn't mean the corporate mainstream media will treat it as one. If it's really "a microcosm of 2000," one would think the issue would lead to banner headlines everywhere. It should, of course, since the only actual difference between Florida's Bush/Gore 2000 and Florida's Jennings/Buchanan 2006 is that, as good luck would have it, the balance of neither Congress nor the White House depends on the final outcome. But that's just a stroke of luck. One that --- one would think --- even the CMSM could connect the dots on.

But perhaps not.

Even Sarasota's Herald-Trib which, as we've previously pointed out, has been the bible of mainstream FL-13 coverage, has now disappeared their website link to, and apparently ceased updating, their FL-13 Special Coverage page.

We hope that will change since the story is, quite clearly, far from over down there and we've been closely following the Herald-Trib's excellent body of coverage and archives for reference.

But for now, at least, it's back to the blogs for the latest. Paul Kiel over at TPMMuckraker has the latest updates on this week's scheduled and controversial (some would say pre-discredited) state-run audit of the paperless ES&S touch-screen machines which caused 18,000 votes to disappear in the election.

UPDATE: We also meant to point you to this spot-on satire from H-T columnist Daryl Lease, by the way, when we originally published this article.

In case you missed it, over the Thanksgiving Weekend the Orlando Sentinel found that --- had the machines actually worked as well-advertised and promised --- the Democratic candidate Christine Jennings would have won the race that has since been certified by the state of Florida in favor of the Republican candidate Vern Buchanan.

With that, and the following statement from Katherine Harris (whose U.S. House seat, ironically, is the one at stake in FL-13) quoted by the AP article which kicked off this item --- "Now we're the national model instead of the national concern. There'll never be a hanging, dangling or pregnant chad again," she said in 2001 when Florida certified their "upgrade" to the machines they now use --- we might suggest the following new slogan for the Sunshine State...even if it's perhaps too long to fit on license plates:

Florida: Fucking up American Elections Since at Least 2000

For the record...AP also mentions that Florida's former and now-disgraced Secretary of State --- never one previously to let anything get between her and a press appearance --- seems to be taking a page from Diebold's Cut-and-Run PR Playbook at this point: "Harris, who lost her bid for U.S. Senate, did not respond to several messages left this week by The Associated Press."

The New York Times' Ian Urbina (this time with Christopher Drew) continues to stay on point with his Electoral Failures coverage at the Grey Lady. Unlike Urbina's last report, this time he wasn't undermined by the Times headline writers. (Does anyone with a hard copy of the paper know what page this was reported on, btw?)

To his additional credit, he didn't use the word "glitch" even once. Thank you, Ian. Here are a few highlights from his piece in today's paper...

Of course, BRAD BLOG readers will remember our desperate call for "Emergency Paper Ballots" here in the weeks prior to the election. On that, Urbina reports...

Wow. Who could have predicted that?!

And there's more...Of course, the "experts" (word used very cautiously!) are beginning to notice that things on Nov. 7th were worse than they had originally understood. "Voting problems may actually have been wider than initially estimated, with many malfunctions simply overlooked," reports the Times.

So how bad were they? How about 60,000 missing votes in Florida, bad. 20,000 voters who couldn't vote in Colorado, bad. Or in Arkansas, where "election officials tallied votes three times in one county, and each time the number of ballots cast changed by more than 30,000," bad.

And then there's the erstwhile election "expert" Doug Chapin of Electionline.org whose "expert" opinion ensures his presence in just about any mainstream media coverage of these matters. Mr. Chapin continues, on schedule, working all sides of the street in Urbina's piece. It's a tricky juggling act for this "expert" --- mustn't offend the Voting Machine Companies or the Elections Officials who pay his bills, or even, to a lesser extent, the Election Integrity advocates who might just call him a phony if he's not careful --- but, as John Gideon pointed out in yesterday's DVN, even Chapin's having a difficult time avoiding the obvious:

And the award for "Understatment of the Year" goes to...

UPDATE 9:01pm PT: Reader Adele writes to tell us that Urbina's article was on "page 30 of 36 pages in the National section" of today's paper.

Let's start with Krugman's "When Votes Disappear":

"In danger of becoming..."?!! Okay, it's Thanksgiving weekend, so we'll just be thankful Krugman has decided to finally notice.

He also notes the concerns about the very partisan (natch) Prof. Alec Yasinsac whose been placed in charge of Florida's state investigation despite having "made an appearance on the steps of the Florida Supreme Court during the 2000 recount battle wearing a 'Bush Won' sign," as Krugman reports.

We'll also note that Livermore Labs' Prof. David Jefferson, who spent the last two weeks in Sarasota himself writes in several comments here at The BRAD BLOG that he is more optimistic about Yasinsac and the state investigation over all. Johns-Hopkins computer scientist Avi Rubin reports a similar sentiment on his blog today, defending Yasinsac and concluding about Krugman:

While we certainly hope that the Jefferson/Rubin evaluation/hopes end up being the correct ones, we're not sure they are keeping in mind the necessity of even the appearance of impartiality here.

If Yasinsac's group finds trouble in the machines, great. It can be said that even a tream led by a Republican partisan agreed the machines were to blame. On the other hand, if Yasinsac's group concludes there was no problem with the machines, the analysis will receive no confidence from the general public...where such confidence is much needed right about now.

Yasinsac should recuse himself from the team of analysts for exactly that reason, even if the rest of his team at Florida State University --- whom Rubin regards as excellent --- stay on the job. The same is true, and for the same reason --- as we discussed the other day --- for David Drury, who is also on the team, even though he is the man responsible for certifying these paperless ES&S touch-screen systems in the first place for the state of Florida. A "machines worked fine" conclusion from the team, as long as both Drury and Yasinsac are on it, will be regarded as partisan and/or self-serving. Whether it actually is will be completely beside the point.

Moving on then...Even WaPo's E.J. Dionne is beginning to get it. Today, he writes something remarkably similar to what I wrote for ComputerWorld on the day after the election about the huge bullets that the nation just happened to dodge on November 7th. Here's Dionne this morning...