The BRAD BLOG has learned that several lawsuits are likely to be launched this week in the Sarasota, Florida, election meltdown where some 18,000 votes failed to register on the county's paperless ES&S touch-screen voting systems on November 7th. Fewer than 400 votes currently divide candidates Vern Buchanan (R) and Christine Jennings (D), who are vying to fill disgraced former Sec. of State Katherine Harris's U.S. House seat in Florida's 13th congressional district.

A number of sources have confirmed to The BRAD BLOG that Jennings's legal team --- who previously filed court papers to impound voting machines and data for a possible investigation --- are preparing to file legal action to challenge the legitimacy of the race, perhaps as soon as this week.

As well, non-partisan legal election watchdog VoterAction.org has announced they will be filing suit this week along with People for the American Way Foundation, the ACLU of Florida, the Electronic Frontier Foundation, and Common Cause. Velvet Revolution.us (of which The BRAD BLOG is a co-founder) is also joining in support of the action. A plea to citizens by Voter Action, seeking help in funding the lawsuit, follows in full at the end of this article.

This graf, from Voter Action's announcement, is of particular note in light of our own previous call for the resignation of Sarasota's atrocious Supervisor of Elections, Kathy Dent --- the person responsible, perhaps more than any other, for leading her constituents into this otherwise avoidable debacle [emphasis in original]:

Sarasota's Herald-Tribune has been doing a very good job of covering the mess since it happened (if not prior to its occurring when something might actually have been done to avoid it).

Today, Herald-Trib columnist Rich Brooks joins the drumbeat of those calling for a full re-vote, writing this weekend: "[I]t's clear that a special election is needed to ensure a fair process. That's preferable to sending the wrong representative to Washington."

In an article on the many phone calls received from Sarasota voters detailing their experiences in trying to vote in the 13th District race, the Herald-Tribune reports today:

Clearly, had Dent simply chosen a voting technology that would have allowed voters to express their intent on a paper ballot, this mess could never have occurred. Dent has gone out of her way for years to ensure that Sarasota voters would have no way of avoiding the problem they now face. Hopefully the courts will offer a way for the voters to express their actual intent in this important House election.

And the most important hope of all: That this election underscores everything that is wrong with E-Voting in our country and that we must do away (at the very least) with touch-screen voting systems...with or without a "paper trail."

Voter Action's announcement of their intended legal action and a plea for support follows in full...

In a nifty and well-sourced bit of investigative journalism that makes The BRAD BLOG's muckracking heart go pitter-patter, an outfit known as Madcow Morning News (we wish they were called Washington Post) filed a peach of an exposé last Wednesday on Sarasota County's Supervisor of Elections Kathy Dent, and Gary L. Greenhalgh, the ES&S voting machine company Vice-President with the questionable past, who appears to have serviced her.

The detailed reporting underscores our previous call for Dent to resign in light of her egregious failures in Florida's 13th district U.S. House race, where the voters are still paying the price. Please do yourself a favor and read the report in full.

Here's a few Dent money shots:

And this ironic plum from Greelhalgh --- whom Madcow reports as regularly being in perilously close proximity to those convicted of bribery and other kickbacks to elections officials --- from back in 1985:

(Hat-tip to BRAD BLOG perennial "Old Turk")

We hate to rely on such questionable fringe sources as Associated Press, but for lack of time today, we'll point to their coverage of the remaining "handful of close contests for the House" which are still undecided.

The races that AP describes as "still in dispute" are in NM, NC, FL, and two in OH (naturally).

In addition to the completely obvious and resignation-worthy mess in the FL-13 race, The BRAD BLOG would draw particular attention to the less-discussed contest in New Mexico's 1st Congressional district. We've been plowing through first-hand accounts sent our way detailing the disasterous state of conditions in the counting rooms out there where there's a very close race between incumbent Rep. Heather Wilson (R) and her opponent Patricia Madrid (D).

Based on the exceedingly detailed reports we've read so far of the (ahem) less-than-optimal-or-accurate initial tally of votes (yes, Bernalillo County, we're talking to you), we'd suggest any recount of that race must be done as a complete hand count of all ballots in order to assure the final result actually resembles the intention of New Mexico's voters.

But we just may be radical that way.

Guest blogged by Emily Levy of Velvet Revolution

Election Defense Alliance (EDA), a national election integrity organization, issued a press release yesterday announcing their new report, "Landslide Denied: Exit Polls vs. Vote Count 2006."

According to EDA, the Edison-Mitofsky National Exit Poll, conducted by a consortium of news organizations, showed at 7 p.m. on Election Night an 11.5% vote margin in favor of Dems nationwide. But by 1:00 p.m. on the following day, according to EDA, "[T]he Edison-Mitofsky poll had been adjusted, by a process known as 'forcing,' to match the reported vote totals for the election." The adjusted exit polls showed "a 7.6 percent margin exactly mirroring the reported vote totals."

It was EDA co-founder Jonathan Simon whose foresight in downloading the Edison-Mitofsky exit polls on Election Night 2004 before those polls were adjusted made the discovery of the now-infamous "red shift" possible. Analysis of the original exit polls from 2004 became one of the most compelling bodies of evidence to suggest that the 2004 election was stolen on behalf of George W. Bush.

Now EDA reveals evidence of similar manipulation of this year's election. In his story Clear Evidence 2006 Congressional Election Hacked, executive editor of OpEdNews Rob Kall quotes Simon as saying:

The BRAD BLOG wishes to point out the difference between election "hacking" and "rigging." Hacking can be done by outsiders armed with such difficult-to-obtain weapons as a hotel mini-bar key (in the case of the Diebold TSx) or a finger (in the case of the Sequoia touchscreen machines). Rigging would be done by an insider such as someone working for an electronic voting machine company or a department of elections. The evidence of skewed results in the 2006 Congressional election doesn't specifically prove whether hacking or rigging or both occurred, but certainly magnifies the call for further investigation into irregularities in the 2006 elections. Will this new report help the newly-elected-but-apparently-robbed-of-its-landslide Democratic Majority Congress understand the importance of revamping our election system before 2008?

The next phase of Election Defense Alliance's work will be to analyze results of specific Congressional races. This work will include analysis of exit polls commissioned by Velvet Revolution (of which The BRAD BLOG is a co-founder) and other independent organizations. Perhaps then we will find out how many Democratic (or even Republican) candidates who have been declared losers actually won their races.

More and more Election Integrity advocates and groups are now joining the drumbeat calling for a complete re-vote on paper ballots in the mess that has become U.S. House race in Florida's 13th congressional district in Sarasota. The BRAD BLOG also calls for a complete paper-based revote as the only way to ensure the voter's voice will be heard.

There are fewer than 400 votes separating Vern Buchanan (R) and Christine Jennings (D) in the race to fill (ironically enough) former SoS Katherine Harris's seat. And yet, a full 18,000 votes have gone missing, recorded as undervotes on the paperless ES&S touch-screen systems that failed during the election.

The People for the American Way Florida have issued a press release (posted in full at the end of this article) calling for a complete re-vote, as well as expressing their criticism of the Jeb Bush Administration appointment of a rabid Bush-partisan and paper "trail" opponent to head an audit to figure out what went wrong.

The National Voting Rights Institute yesterday called for a full re-vote as well, saying in their press release, "Public confidence in the vote-counting process is a bedrock principle of any democracy. In Florida's 13th Congressional District, it is clear that only a revote with the option of hand-recorded paper ballots will ensure that voters in that district can trust that their votes will be properly counted."

Common Cause has similarly called for an investigation into what happened in FL-13 and said the vote should not be certified as is. As well, their announcement calls for the immediate passage of Rep. Rush Holt's (D-NJ) HR550 election reform legislation, which is currently supported by some 220 bi-partisan House members. Unfortunately, HR550 would not have guaranteed the problems in FL-13 would have been avoided, as it only calls for paper records as opposed to the much needed paper ballot required for every vote cast. So-called paper "trails" on the touch-screen systems down in Florida would not have avoided the problem we're now facing and, in fact, would likely have exacerbated them by giving voters and elections officials a false sense of security. Paper "trails" on touch-screen DRE machines are not reliable or accurate, they fail consistently, can be gamed quite easily, and frequently cannot be actually verified by the voters.

Finally, Election Integrity organization VelvetRevolution.us (of which The BRAD BLOG is co-founder) goes further still in both calling for a full paper-based re-vote as well as demanding the resignation of failed Sarasota Supervisor of Elections, Kathy Dent.

Dent failed the voters in Flordia's 13th district and across the entire county, by fighting to ensure they would not have any means of avoiding such problems when she insisted on untested, inaccurate electronic touch-screen systems without paper ballots --- or even paper trails that could have been used to mitigate a disaster such as the one now facing her.

She should resign immediately, along with Secretary of State Sue M. Cobb and the other officials directly responsible for this debacle.

The full press release from People For the American Way Florida follows below...

UPDATE 5:00pm Three more groups, Voter Action, ACLU, and Electronic Frontier Foundation, also now announce their call for a re-vote and investigation. Their press release follows in full below now as well...

Add the Monterey County, California, Acting Registrar of Voters, Claudio Valenzuela, to our ever-growing list of Elections Officials who ought to resign immediately in the wake of extraordinary failures to assure that every legally registered voter who chooses to vote actually gets to vote, and then gets to have that vote counted accurately.

Valenzuela --- who recently replaced the corrupt former Registrar Tony "Trust Me" Anchundo after he was charged with 43 criminal counts --- incredibly instructed poll workers not to give paper ballots to voters despite an order from the Secretary of State prior to the election that any CA voter who wishes to vote on paper may have one --- and despite lines of more than an hour for voters due to problems with the county's crappy new Sequoia electronic touch-screen voting machines.

As smartly reported by the Monterey Weekly today, poll watcher Susan Sisson recounts the story of dozens of voters giving up and leaving without casting a vote in her one precinct alone after she was reprimanded for reminding poll workers that they could/should give a paper ballot to those who wanted them, or those who couldn't afford to wait in line for hours on end.

Despite at least four still-undecided races in Monterey, where one candidate leads by anywhere from 47 to just 14 votes --- few enough that those voters who couldn't afford to wait in long lines for the machines, but could have voted on paper and made the difference in those races at Sisson's precinct alone! --- Valenzuela stands by his horrendous anti-democracy directive to poll workers:

The folks in Monterey ought to be up in arms about this jerk. Should be storming the County Board out there and demanding accountability and this guy's resignation.

Read the full article. It's just amazing what's going on in our electoral system. But it won't change until citizens on the ground demand that it does!

Let's hope the incoming Secretary of State, Debra Bowen, busts some asses about this sort of thing where the failed, disgraced, outgoing SoS, Bruce McPherson, clearly didn't give a damn.

According to the Austin American-Statesman today America's largest Electronic Voting Machine Company, ES&S, has failed again. This time just north of Austin, Texas...

As expected, the company, which has had similar disasters in scores of states across the country this year --- including in Florida's 13th Congressional district where officials are currently trying to figure out what to do about 18,000 votes that disappeared on ES&S systems in a U.S. House race with just over 300 votes between the two leading candidates --- blamed everyone but themselves...

Like brother like brother. Even San Diego County Registrar of Voters Mikel Haas's brother apparently believes it just fine to cheat at the polls.

Online polls in any case.

The BRAD BLOG has learned that Don Haas, the brother of SD County's Registrar, (one of the country's worst, by the way) has apparently been gaming a recent online poll hosted at the website of conservative San Diego radio talkshow host Roger Hedgecock. The right-wing talker has joined the chair of the Democratic County Chair in calling for Mikel Haas's resignation due to his abominable administration of county elections.

A quick investigation by The BRAD BLOG this morning reveals the poll used at the Hedgecock site can easily be gamed by simply deleting "cookies" on users' computers, allowing them to vote as many times as they wish. Don Haas encouraged readers in a posting yesterday at his website to "act like a democrats and vote three times."

As well, brother Don has been posting anonymously here at The BRAD BLOG with the user name "OMSmedia" since November 9th. In a comment this morning, in reply to Democratic U.S. House candidate Francine Busby's concession in the CA-50 race last night, Don describes her as a "loser" and continues by adding "love it when you uninformed nutroots lose."

He has his own website at OMSMedia.com which has a "Hardcore Conservative" graphic logo on the home page. In various postings in the "Live Journal" on the site, Don supports his brother's use of hackable Diebold voting machines, spreads disinformation about them, refers to Democrats as "asses," suggests all "gay representatives" are "pedophiles," and writes that "any [Senatorial] candidate yelling about the President should just resign"....

Oh, well. It was nice while it lasted:

In addition to the uncounted votes, there's also the matter of Zogby's 'Exit Poll' in CA-50 showing a 6% disparity with the reported results and oh, yes, the hackable-in-sixty-seconds Diebold touch-screen voting machine "sleepovers" --- for a full three weeks with poll workers prior to the election in San Diego --- which may never be fully accounted for.

Oh, well. It's just democracy. How quaint.

Too exhausted to go into more details. (You're welcome.) But if you ever wish to learn more, you can read the entire sordid Busby/Bilbray saga, in reverse order, right here. Even if we have a feeling it's not nearly over. Not by a long shot.

In what ought to be the first of a wave of resignations by Elections Officials across the country who have utterly failed the very voters they are supposed to be serving, one of three commissioners of the Denver Board of Elections has resigned today in the wake of the city's e-voting meltdown last Tuesday. He has apparently shown a measure of grace and responsibility far too rare in most Elections Officials...

Of course, apparently the Washington Post --- who editorialized on Sunday that "the system worked" --- doesn't read the Denver Post, so they don't know about Denver's "disastrous election." Or they simply don't care.

We've come to expect such failures from the country's national media, but the larger question now remains: will other failed Election Administrators have the decency to do what Mr. Vaden did?...

Just off the phone from a DNC insider --- very much in a position to know --- who says the following races are being considered, as of this afternoon, to still be very much in play by the DNC (* = Incumbent, Results shown latest reported by state websites as available):

NC-8: Larry Kissel (D) 60,016 / Robin Hayes (R)* 60,481
CT-2: Joe Courtney (D) 121,321 / Rob Simmons (R)* 121,151
FL-13: Christine Jennings (D) 118,739 / Vern Buchanan (R) 119,116
NM-1: Patricia A. Madrid (D) 103,376 / Heather Wilson (R)* 104,863
OH-15: Mary Jo Kilroy (D) 98,100 / Deborah Pryce (R)* 101,636
OH-2: Victoria Wulson (D) 112,952 / Jean Schmidt (R)* 115,817

The source believes that all of the above races, each of them currently very, very close, are winnable and the feeling is that they "could easily win three of those six."

In each --- except for CT-2, where Courtney is leading --- the Democratic candidate is currently trailing in the reported results as absentee, provisional, and paper ballots are still be canvassed. As well, challenges and recounts are underway in some of those races (we hope to have more detail shortly here on a couple of those races).

(UPDATE: Several readers have written to ask if other races beyond those mentioned above --- such as the U.S. House race in Washington state's 8th Congressional district between Democrat Darcy Burner and Republican Dave Reichert --- are now off the table as far as the DNC is concerned. The races reported above are the only ones named explicitly to us by the DNC sources. However, two different sources there have confirmed that they are largely driven by the folks on the ground in the states, and would urge that noise be made locally --- and loudly enough that higher-ups might hear it at the DNC --- in order to gain more attention from the national party to other such races still of concern.)

The source also adds that the DNC is considering whether or not to ask for contributions from the public to a legal fund to assure they will have the funds needed to provide full legal resources to thoroughly challenge each of those races.

As well, The BRAD BLOG has also learned the DNC is still keeping their eyes on the Colorado Secretary of State race between Ken Gordon (D) and Mike Coffman (R), given the problems revealed in Colorado's disasterous certification procedures for voting machines prior to the election, and their massive meltdowns on Election Day in Denver and elsewhere which caused thousands of voters to be turned away from the polls due to machine malfunction.

AP is reporting today that Coffman's lead is beginning to look insurmountable, though given the fact that Gordon's numbers in Denver alone outpace Coffman's by some 70 to 30 percent, the fact that Denver voters, specifically, were disenfranchised at such an alarming rate due to equipment failure on Election Day, certainly "exemplifies," as the source put it, the need for Election Reform across the country and the importance of Secretary of State races.

The six U.S. House races named above, of course, are just the federal races that the DNC considers "still in play," but there are innumerable local races and initiatives being challenged around the country, as another DNC source told The BRAD BLOG this morning. As well, there are a number of Congressional races where the candidates have, honorably, refused to concede until every vote is counted and accounted for.

Clint Curtis, the vote-rigging whistleblower who ran against Tom Feeney, the man he claims asked him to create vote-rigging software in 2000 (as The BRAD BLOG originally broke back in 2004 and whose story we've been following closely ever since) has issued a press release this morning saying that he will not concede in the race until every vote is accounted for.

"The right to vote and to have that vote counted accurately is the very foundation of our democracy, and I owe it to the voters in my district and the state of Florida to continue to push for accurate, honest elections," Curtis said in the news release. He points out that as a candidate, he "now has the legal standing to pursue an investigation into the anomalies," which he claims were reported during his race.

"I can accept that the citizens across the state of Florida were out of step with the rest of the country," added Curtis, "as long as we know that this election truly reflects their intent." The Florida Secretary of State's website currently shows Feeney leading Curtis 58 to 42 percent.

In California's 50th Congressional district, Francine Busby (D) has still refused to concede in her race against Brian Bilbray (R) in which she reportedly trails 54 to 43 percent. We applaud Busby's refusal to concede given the outrageously bad administration of the election across the entire San Diego County as overseen by Registrar Mikel Haas, one of the country's worst.

A Zogby poll taken on Election Day (and shortly thereafter) shows an unexplained 6 point disparity with the final results as we reported last week.

As reported earlier today, Haas's resignation was called for on Election Night by San Diego County Democratic Party Chair Jess Durfee after voters were disenfranchised across the county when Diebold touch-screen systems failed to work and not enough paper ballots were made available for voters. Many of those voters ended up voting on Spanish language paper ballots after English ballots had run out by 9am on Election Day; others simply gave up and went home or to work without being able to cast a vote at all.

We echo Durfee's call for Haas to step down immediately. San Diegans deserve honest and accurate elections in which the voters may have confidence in the reported results. Haas has, disgracefully, provided none of the above during his irresponsible tenure.

We originally reported that the Democratic candidate was trailing in the reported results in each of the six DNC-named races. In fact, Democratic candidate Joe Courtney in the CT-2 race is currently ahead in the results as reported so far. We've corrected the original misstatement in the article above. Further, AP is now reporting Courtney as the winner after a final canvassing of the ballots.

San Diego's very conservative radio host and fill-in host for Rush Limbaugh, Roger Hedgecock --- who agrees with me nonetheless about Electronic Voting Machines --- wonders if San Diego County's Registrar of Voters Mikel Haas, one of the worst in the country, should resign.

We won't say any more than that, since we'd hate to bias the poll in any way. But rest easy knowing that the results of Hedgecock's unscientific online poll will be at least as reliable and accurate as any election Haas has ever run in San Diego.

Sleepover on your answer before deciding for sure, but either way, please vote in the poll...

UPDATE 1/14/06 1:08pm PT: We hadn't noticed this earlier, but it looks like the San Diego County Democratic Party Chair, Jess Durfee, called for the resignation of Haas on Election Night due to all of the reported problems with machine failures, lack of available paper ballots, etc. On Election Night, the far right-leaning Union-Tribune reported Durfee as saying "his polling place in University Heights was out of paper ballots by 9 a.m., and all the machines in that precinct were down by noon."

Also reported in the same article by the U-T...

We're changing our previous "neutral" stance and calling for Haas's immediate resignation. He's a disgrace, has undermined confidence of the electorate, has made a mockery of the rule of law, and the result is is that elections in San Diego have become a complete joke under his tenure in the county. There is absolutely no basis for confidence in the reported results of any election administered by Mikel Haas on November 7th.

Despite massive problems with their voting machines all over the country, at least two of the leading voting machine companies, Sequoia and Diebold, are still in extreme denial. But at least they have the "courage" to keep their names off record when talking to the press about it now...Cowards.

Witness the last two grafs of this ComputerWorld story on touch-screen vote-flipping --- the type that was reported all over the country both in Early Voting and on Election Day this year, and certainly in a big way back in '04...

It's not a problem. It doesn't exist. These aren't the droids you're looking for.

So not only are these guys liars, they're now cowards afraid to go on record with their names when spreading their utter bullshit.

By the way, one of those "conspiracy theory activist bloggers" who had the "non-existant" "non-problem" was Marshall Cook, a candidate for city council in Pinellas Park, Florida, last March. He kept trying to vote for himself, but his vote kept flipping to his opponent until he was finally forced to move to a different crappy Sequoia touch-screen voting machine.

As we reported at the time, quoting from that "activist blog" otherwise known as the St. Petersburg Times(!)...

Idiots.

From the Ocean City Observer...

We wonder if he's equally scared --- or has even been made aware by the Sequoia Voting Systems people --- that the Sequoia Advantage touch-screen system his county uses is the same machine shown at the beginning of the HBO Hacking Democracy documentary to be flipping vote after vote from a Republican candidate to a Democratic candidate.

Or if he's concerned that Sequoia's other touch-screen model, the "Edge", gives voters the "edge" by offering the opportunity to vote as many times as they want, over and over again, just by pressing "the yellow button" as The BRAD BLOG revealed during the week prior to the election.

We wonder what else Sequoia has failed to inform the Ocean County Board of Elections about concerning their crappy voting systems.

After the state's initial denial that there were any problems in Florida's 13th Congressional District U.S. House race, even Jeb is now admitting there may be problems "worth investigating." From AP...