Harri Hursti drove up to Los Angeles last Friday after his appearance that morning before the Riverside County, California, "Blue Ribbon" panel convened to investigate massive problems during the County's 2006 election, and continuing concerns from Election Integrity advocates about both the performance and security issues surrounding the Sequoia Edge II DRE touch-screen voting systems in use down there.

We sat down to interview Hursti for a documentary film for an hour or two on Friday night, and we continued chatting into the wee hours. After getting home around 4am, we suspect we'll be playing catching up for a few days.

The headline from those discussions last night is probably that Hursti, now famous for his hack of a paper-based Diebold optical-scan voting system in Leon County, Florida, in late 2005 (as seen live in HBO's documentary Hacking Democracy), advocates digital optically-scanned paper ballots --- where the image of the scan can then be made available to all on the Internet --- as the most secure and most transparent method of voting for the type of elections we have in these United States.

That may come as a surprise to advocates of Rep. Rush Holt's Election Reform bill, who have been pointing to the "Hursti Hack" as a way to suggest that op-scan tabulation is "just as bad" as Direct Recording Electronic (DRE) touch-screen voting systems. Holt's bill (HR811) would allow for the continued use of DREs, despite the continuing warnings from computer scientists, disabilities and minority rights advocates, and the Election Integrity community that the devices should be banned.

Hursti heartily disagrees with those Holt supporters and told us again that DREs are not safe for use in elections, with or without a so-called "voter verified paper audit trail." He's asked for us to help facilitate a meeting for him with Holt and his staff to discuss the matter, and we are attempting to do just that.

As well, Hursti's position may also come as a surprise to those who have pointed to the "Hursti Hack" in their call for 100% hand-counted paper ballots (HCPB) in American elections. While Hursti said he recognizes that such a system works well enough in other countries where ballots are much simpler, he feels the thousands of ballot styles and pages and pages of candidates and propositions would likely make all HCPB unwieldy here. By contrast, he explained that in Finland, voters go to the poll and cast a single vote for President as the only race on the ballot, which is simple enough to hand count on the night of the election.

He rattled off the many different systems of democracy in many different countries, from Europe to Asia, as well as a history of how America has come to its current mess, going back as early as the late 1800's to discuss the evolution of our modern day system in this country. Clearly, he's done his homework and is well worth listening to on these matters.

Hursti also gave high marks to California's new Secretary of State Debra Bowen for her recent announcement of "red team" hack testing for all of the state's currently certified electronic voting systems, as part of her "top to bottom review" of those systems. Other computer scientists and security experts have lined up to join in praising Bowen for this unique, first-of-its-kind attempt to finally test the security of these systems.

On the other hand, many of the state's elections officials have come out against such testing of their precious, hackable, un-transparent voting systems. And, surprise surprise, so has the Santa Cruz Sentinel --- the paper once owned by thankfully-former CA SoS Bruce McPherson --- in a laughable editorial late last week claiming that "paper ballots carry an even greater risk" than electronic voting systems, and that Bowen's planned test criteria is a "solution in search of a problem."

We're not sure what cave the Santa Cruz Sentinel has been living in, but we're guessing they've been sharing their hard tack and canned spam with their buddy, the gone-but-apparently-not-forgotten McPherson, the one responsible for certifying these god-awful systems in the first place for the state, despite mountains of evidence suggesting it was unwise. We're also guessing they've never sat down to chat with Harri Hursti.

Hursti's visit to Riverside, as we reported here last week, was in response to County Supervisor Jeff Stone's challenge last December that nobody could manipulate the county's Sequoia election system. After Hursti volunteered to take Stone up on that "1000 to 1" challenge, the county has been waffling ever since. So quite a few members of both the public and the press were on hand yesterday for Hursti's testimony before the "Blue Ribbon" panel.

Although Hursti traveled all the way from Finland, Stone and every other member of the Riverside County Board of Supervisors were apparently too busy to make it up the road to meet Hursti and listen to his presentation...

Congrats to Democratic Rep. Jerry McNerney's (CA-11) team of Election Integrity advocates, who did a great job with their election protection analysis and report from his election last November. His Election Protection Task Force has just released their report [PDF] on how it all went, including 36 specific and detailed recommendations for improving the election system used in the four counties (Alameda, Contra Costa, San Joaquin, and Santa Clara) that make up California's 11th Congressional district.

"The McNerney Election Protection Task Force Report" illustrates, among other things, that DRE touch-screen systems made by Diebold, specifically as used in San Joaquin County under the oversight (or lack thereof) of Registrar of Voters Debbie Hench, did not fare well in the election. Broken-down machines caused long lines, there were not enough paper ballots for backup, plus various problems with chain of custody and lousy post-election audit and reporting systems were all accompanied by an embarrassing lack of transparency for the entire system.

The report's overall conclusion: "The current electoral system is not acceptable."

And before you electronic voting apologists haul out your tired old "sore loser" lines, McNerney won his race over the Republican long-time incumbent, Richard Pombo!

Congrats and thank you to all who helped create the very enlightening report, and specifically to McNerney for having the foresight and responsibility to create and work on such an important project. If every candidate did the same, we'd have this mess cleaned up in no time.

One more of the Cuyahoga County (Cleveland), Ohio, Board of Elections directors, Republican Sally Florkiewicz, has stepped down this afternoon. Her resignation leaves just one member, the board's chairman, Bob Bennett, left to fight the demand by Secretary of State Jennifer Brunner that all board members resign in the wake of a years-long string of elections disasters, two criminal convictions related to the recount of the 2004 Presidential Election, and a new criminal investigation which was launched last week into newly-revealed administrative election improprieties and irregularities in the county.

The resignation of Florkiewicz from the board of Ohio's most Democratic county leaves only Bennett --- who is the chair of both the Election Board and the state's Republican party --- to fight the order by Brunner. A hearing will be held next Monday concerning the complaint filed along with the SoS's resignation demands, after which Brunner is free to fire Bennett directly, according to state law. As ever, the members of Ohio's supposedly "bi-partisan" boards of election have always served at the pleasure of the SoS, who, for years, was the highly partisan right-winger and co-chair of Ohio's Bush/Cheney 2004 committee, J. Kenneth Blackwell.

Brunner replaced Blackwell last November after the former SoS was thoroughly rejected by Ohio voters in his bid for Governor.

"Regrettably, the lone board member who has refused to resign will face removal," Brunner said in a statement posted to the SoS website late this afternoon. As to today's resignation, she added, "It's unfortunate that Ms. Florkiewicz was unable to resign until faced with a complaint to remove her from the board."

While the board's two Democratic members resigned last week not long after receiving Brunner's request, an official in Ohio closely following the matter has told The BRAD BLOG that Florkiewicz exited her post today with anything but grace.

"The Secretary of State has decided to use the Cuyahoga County Board of Election to advance a partisan agenda," Florkiewicz contended in her resignation letter, "and I am not willing to be used as a political statement."

But one of our sources wonders how the request to remove "2 D's and 2 R's demonstrates a partisan agenda"...

The Los Angeles Times underscores everything that is wrong with relying on "paper trails" from Direct Recording Electronic (DRE) touch-screen voting systems: Nobody ever counts them. Even in incredibly close contested elections as overseen by a court of law...

Please note that Rush Holt's Election Reform bill (HR811), which mandates the hand-count of a very small minority of paper records in most federal races (which this race was not) via an audit after Election Day, allows no audit to happen at all in the case of an automatic state-mandated recount --- the type that occurs when an election is incredibly close, and when such an audit, arguably, might be needed the most.

UPDATE 4:58pm PT: Election Integrity advocate Tom Courbatt of Riverside County points us towards an October 31, 2006 statement [PDF] from former CA Sec. of State Bruce McPherson, who said: "The mandatory paper audit trail will be used for a full recount if necessary." That statement is at the bottom of the 5-page press release. Guess he was just kidding. Or the judge in Orange County didn't care. Or "paper trails" don't actually matter after all, no matter what any law or elections officials try to tell you...Which is why we need a paper ballot --- one that is actually tabulated --- for every vote cast in America!

Over the weekend we reported on the newly unearthed "agreement" letter sent by voting machine company ES&S to Florida's chief of Voting System Certification, David Drury, dictating the company's demands for the narrow terms of testing for the source code and hardware of the touch-screen voting systems which failed so spectacularly in the state's 13th Congressional District election between Christine Jennings (D) and Vern Buchanan (R) last November.

In the still-contested election, an exceedingly high 18,000 "undervotes" were registered by the ES&S touch-screen DRE voting systems in Democratic-leaning Sarasota County only, in the race which was ultimately decided by 369 votes in favor of the Republican.

In our coverage, we asked a series of questions about the letter and whether the "independent" team of scientists convened by the state to review the source code had been apprised of ES&S's very strict litany of specific narrow conditions for testing (including their insistence that they be allowed to review, edit and/or comment on the final report before its release).

Yesterday, Alec Yasinsac, the "Lead Principal Investigator" of the scientific panel convened at Florida State University --- a noted Republican partisan --- released a response to some of questions [PDF] on behalf of the state-convened panel of scientists.

The bulk of that response follows, as well as a comment or two of our own in response...

{Ed Note: All of the signed DVD premiums we had available have now been spoken for. They will soon be on their way to the folks who got in in time. Thanks to all for the support!}

The tremendous, if extraordinarily disturbing, HBO documentary Hacking Democracy is finally being released on DVD this week. I reviewed the film for ComputerWorld, just before its premier in the days prior to the November 2006 election --and just after Diebold's inane and embarrassing attempt to try and force HBO into not letting America see it. (Sorry Diebold, you lost, get over it, move on, fix your shitty voting machines, then throw 'em out, we don't want 'em.)

If you've been living in a cave, or in San Diego, the landmark film is the harrowing detective tale of Election Integrity advocates around the country, including the crew at BlackBoxVoting.org, which eventually leads to the now-landmark Harri Hursti hack of a Diebold system in Leon County, FL, in December of 2005. The hack heard round the world completely flipped a mock election without a trace being left behind. All told in before-your-very-eyes documentary footage as the sometimes hilarious, always terrifying (at least to Democracy-lovers) events unravel.

With the release of the DVD version, the filmmakers Simon Ardizzone, Robert Carrillo Cohen, and Russell Michaels, have been kind enough to hand sign a limited number of copies for premiums to BRAD BLOG supporters! For a donation of $50 or more, we'll ship one out to you ASAP! First come, first served, so click fast (and I'll update this item when we've run out).

The NY Times' review of Hacking Democracy called it "disturbing stuff," and went on to say, "it's not shocked-shocked you feel watching this; it's genuine shock." Well, little wonder they were shocked. They ignored the issue for years on end, referring to it as "the conspiracy theories of leftwing bloggers" until the story showed up on their doorstep in movie form. But don't get me started.

No doubt the still-largely-clueless Times would be shocked again by some of the DVD Extras footage including scenes deleted from the original airing. Never-before-seen segments on the DVD include...

I'll be sitting in again this week as Guest Host on Sunday for the good Cynthia Black Nova M and Air America Phoenix' Action Point with Cynthia Black on 1480am KPHX.

This week, we'll have a live broadcast exclusive first as Diebold document whistleblower Stephen Heller will be LIVE in studio to be interviewed on air for the first time! We'll also take your calls! As well, CODEPINK's Jodie Evans will join us to discuss the Democrats courageous Iraq Policy, or lack thereof. Don't miss it! More details follow...

The private voting machine company which manufactured the touch-screen hardware and software used during Sarasota, Florida's contested District 13 Congressional election between Christine Jennings (D) and Vern Buchanan (R) sent a letter in December of 2006 to David Drury, the chief of the state's Bureau of Voting Systems Certification, dictating the terms of the state-run audit convened to investigate the causes for massive undervote rate which seems to have tipped the election.

The extraordinary 3-page letter (posted in full at the end of this article) from Electronic Systems & Software, Inc. (ES&S) Vice President, Steven Pearson, is described as an "agreement" and instructs Drury on what may and may not be disclosed in the state's final audit report regarding the investigation.

The audit, for which ES&S was dictating terms to the state of Florida, was of their own voting systems used in the disputed race where 18,000 undervotes were discovered in the FL-13 election. The race was ultimately certified by the state with a 369 vote margin in favor of the Republican Buchanan, and is currently being contested in state court, and in Congress under the Federal Contested Elections Act.

"David, below are ES&S source code review guidelines for the conduction of any review of source code to be performed by the Department of State and any agent acting on your behalf as a result of the under vote investigation from the Sarasota County mid-term election. It is our desire the methodology and focus of the review be performed in a manner that incorporates the items described below," the agreement begins, before including a long, bullet-pointed and very narrow litany of specific dictates concerning what may and may not be done and/or discussed by the state-convened panel of investigators in their final report...

From the San Diego Union-Tribune today:

In the North County Times' report on same, which focused on the difficulty the county may have in finding a replacement for Haas, and bothered, (unlike the as-ever rightwing U-T's coverage above) to note just some of the fire that Haas has been under for his horrible performance as head of elections in SD, added:

A "troubleshooter" indeed, for the hard rightwing San Diego County administrators.

A quick review of a just a few BRAD BLOG items concerning Haas will inform the initiated about one of America's worst, most dangerous, partisan Elections Administrators and the disaster that Diebold's man in San Diego has been for the voters of San Diego as he's overseen/mis-managed such elections as the Busby/Bilbray race and many more.

His failures have led both Democrats and Republicans to call for his resignation. Little wonder then, here in Bush's World, that he's now been rewarded for his bad work. Can the Medal of Freedom be far behind?

Heckuva job, San Diego!

The Year of Accountability continues apace. In a statement released Thursday Ohio's new Secretary of State, Jennifer Brunner, lays out the case against the two remaining Cuyahoga County Board of Elections members.

On Wednesday, The BRAD BLOG reported that Brunner would be personally delivering termination notices to members of the board after she'd sent notice, asking for their resignations, on Monday. That came in the wake of the conviction and sentencing of two county elections works for rigging the 2004 Presidential Recount, and a subsequent, newly announced criminal investigation in the county this week.

One of the two Democrats on the board resigned Wednesday, as requested, and the other resigned Thursday. This leaves Bob Bennett, the state Republican Party chair and chairman of the board in Ohio's most Democratic-leaning county, as well as the board's other Republican member, Sally Florkiewicz. They're the only two remaining hangers-on. And as a witness to Bennett's public statement yesterday described it to us, he was "raving" and succeeded in even shocking many of the Republicans present by blaming everyone but himself for the county's string of failed elections.

Bennett's recalcitrance at leaving has led Brunner to begin spelling out precisely why they are being fired. The list of accusations against the two remaining members will be aired in full during an April 2 hearing and, according to the SoS's statement, includes "numerous instances of misfeasance, nonfeasance and violations of state election law." Among them:

After the April 2 hearing, a report will be issued to Brunner by the appointed hearing officer, William Owen, the first assistant prosecuting attorney of Delaware County. According to the statement, she will then rule on the removal of Bennett and Florkiewicz, as "under state law, the secretary of state may 'summarily remove' board members for cause, upon complaint and hearing."

We'll note again here --- despite the claims of former SoS J. Kenneth Blackwell and other Buckeye State officials in the aftermath of the 2004 Presidential Election disaster in the state who said nothing untoward could happen anywhere in Ohio due to their "bi-partisan elections boards" --- all such board members always served at the pleasure of the SoS. Many of them, therefore, were loath disobey or incur the wrath of Blackwell, who was also state co-chair for Bush/Cheney '04, in light of his horrendous, partisan oversight.

What goes around, comes around, Mr. Bennett. Consider the worm now turned.

"We need not (and do not) resolve the question of whether the election contest at issue here fits within the category of election contests that may be entertained without infringing on Congress' authority because the instant dispute can, and should, be resolved on a much narrower ground — mootness."
-- CA Court of Appeals (4th District), Majority Opinion, Jacobson v. Bilbray, 3/20/07

Need more evidence for why election results need to be right on Election Night? Look no further than the now-infamous CA50 Busby/Bilbray Special U.S. House Election to replace Randy "Duke" Cunningham last June.

The latest chapter finds an Appellate Court in California dismissing the case on the grounds that the issue is now "moot" because the six month term for the original election being challenged has now ended. That, despite the defense never even having raised the issue. And thus, the voters' right to even have a proper recount as afforded by state law, in order to find out who had the most votes in an election, is usurped by the U.S. Congress's ultimate Constitutional authority to decide who will be seated in its chambers....

Another criminal investigation has begun in Cuyahoga County, Ohio, where two elections officials were found to have rigged the 2004 Presidential Election recount.

A special prosecutor has now been appointed to look into the early printing of absentee ballot and early voting election results prior to Election Day in 2006. As well, the investigators will be looking into a network cable which was left plugged into a tabulator computer overnight, allowing for unauthorized access all night long.

Fox 8's I-Team has a good video report.

As well, The BRAD BLOG has learned that Ohio's new Secretary of State, Jennifer Brunner, will be personally delivering termination notices to the county's four Board of Elections members tomorrow. On Monday, Brunner demanded the resignation of the entire board in Ohio's most Democratic-leaning county. The head of that election board, Bob Bennett, is also the chair of the Ohio Republican Party. He has vowed to fight Brunner in court, which, we're told by sources, she welcomes.

It should be noted that the illegal printing of election results prior to Election Day was recently discovered as well by Election Integrity advocate John Brakey, down in Pima County (Tucson), Arizona. That discovery has led to a lawsuit currently in hot progress down there.

Was a nationalized effort in place to print out election results prior to elections, to allow for the last-minute pinpointed targeting of Get Out the Vote efforts? We'll stay tuned...

Finally. Someone is actually bothering to test the voting machines which voters have been complaining about as flipping their votes for years. In Montgomery County, OH, where an official complaint was recently filed by 20 voters who claimed vote-flipping on their Diebold DRE touch-screen systems, comes this refreshing, if disturbing, report from today's Dayton Daily News...

From Jacobs' lips to God's ears.

Oh, and there's this little tidbit from the story:

Ah, yes. The trucking company dunnit! That's the ticket!

(Hat-tip again to BRAD BLOG reader "A Concerned Citizen" for the heads up!)

Just out from AP...

The issue comes in the wake of two Cuyahoga County Election Officials recently found guilty of rigging the 2004 Presidential Election recount and subsequently sentenced to the maximum 18 months in prison after they refused to cooperate with the state's special prosecutor, Kevin Baxter.

Both Baxter and the district court judge, Peter J. Corrigan, indicated they believed the conspiracy to game the recount was part of a larger, higher-reaching conspiracy. "It seems unlikely that your superiors wouldn't know what you were doing," Corrigan declared during the sentencing.

Brunner told the Plain-Dealer this morning that the convictions were "so serious that I don't think I had any alternative" but to request the resignations of the entire board. "It has to do with public confidence and perception," she said.

In a news conference this morning, Bennett vowed to fight Brunner in court rather than leave on his own accord.

Cuyahoga County's then-Election Director, Michael Vu, who was not charged in the incident but has since resigned, had previously admitted that sealed ballot boxes were opened and secretly counted prior to the state-mandated recount in order to assure the recount would not reveal any inconsistencies with the officially reported results. He has since recanted his original story.

After the recent sentencing, Bennett, who was ultimately responsible for overseeing the convicted elections officials --- supposedly one Republican and one Democrat --- who rigged a presidential election recount in his county said, incredibly enough, "the convictions are a travesty of justice."

The issue also underscores an important point we've been trying to make for years: Despite the claims by disgraced former Buckeye State SoS J. Kenneth Blackwell and his operatives (including Bennett) for the travesty that occurred in 2004, which suggest that Ohio's supposedly "bi-partisan" structure of county elections boards --- theoretically all comprised of two Republicans and two Democrats each --- prevents any partisan malfeasance, those boards and the officials who work under them have always served ultimately at the pleasure of the state SoS. That power and pressure were wielded frequently by Blackwell during his tenure, resulting in a host of not-so-bipartisan decisions and oversight from Ohio elections officials in 2004 and beyond.

UPDATE: We heartily recommend "OhioRebel's" superb citizen journalist coverage at ePluribus Media, with many useful additional details. Would that the non-citizen journalists were as thorough!

From AP...

And I can't help but feel the two election officials should have been sentenced to 18 years instead of months (though we understand that to be the max sentence), given the number of folks who have died in Bush's War since the 2004 Election and the fact that there were enough votes in Cuyahoga County (Cleveland) alone to give the race to Kerry instead of Bush had the election been administered legitimately.

Just for the record, only 6 votes registered for Kerry instead of Bush in each of Ohio's precincts would have changed the result of that election.

Must run, so we'll refer you to our previous coverage when the two Ohio elections officials were found guilty in January for more details.

NOTE: Hat-Tip to "Ninepatch" over at DailyKos for tipping us off to the news of the sentencing. It's a rather sigh-inducing irony to get the news from dKos given it's proprietor Markos Moulitsas Zúniga had once shamefully banned all diarists, and purged their diaries, for daring to discuss and/or investigate the Ohio 2004 Presidential Election conspiracy. Thank you for continuing to make noise on these matters anyway those of you who have done so at dKos!

UPDATE: AP now has more on the sentencing and concerns by both the Judge and prosecutor that the conspiracy goes higher: