[This article now cross-published by Salon...]

One of the world's largest ATM manufacturers and, formerly, one of the largest manufacturers of electronic voting systems, has been indicted by federal prosecutors for bribery and falsification of documents.

The charges represent only the latest in a long series of criminal and/or unethical misconduct by Diebold, Inc. and their executives over the past decade.

According to Cleveland's Plain Dealer, a U.S. Attorney says the latest charges are in response to "a worldwide pattern of criminal conduct" by the company....

Despite at least $1.75 million in bribes said to have been paid the company around the globe, nobody will go to jail for what U.S. Attorney Steven Dettelbach describes as their "worldwide pattern of criminal conduct," because they are a corporation --- and you are not.

The $50 million the company has agreed to pay is a mere fraction of the firm's $3 billion in annual revenues. That, even though Diebold is a repeat offender --- which may be describing it mildly...

You know how The BRAD BLOG is always going on about how Vote-by-Mail is a very bad idea for democracy (other than in cases where a voter really must vote absentee or is otherwise forced to vote on a 100% unverifiable touch-screen voting systems at the precinct on Election Day)?...

Yes, those dangling envelopes are absentee ballots being sent to voters. Maybe they'll actually reach them. Who knows?

The photos were taken by San Francisco surgeon and Election Integrity advocate Dr. John Maa last week and highlight just one of the many reasons why Vote-by-Mail is such a bad idea unless it's absolutely necessary. They were sent to us after being taken in the mail room of a San Francisco apartment building in advance of the upcoming November 5 municipal elections there.

"It was 10pm at night when I took those photos, so there were probably a lot more of them out there earlier in the day," Maa told us...

[This article now cross-published by The Progressive...]

This story just keeps getting more insane.

We recently told you --- at The BRAD BLOG and at Salon --- about Judge Richard Posner's remarkable disavowal of his own majority opinion in the 7th Circuit Court of Appeals case that became the basis for the U.S. Supreme Court's 2008 approval of the Republican implementation of polling place Photo ID restriction laws.

Though it's the only court case of note that Republicans are able to cite in claiming the "constitutionality" of such laws, last week, during an interview with HuffPo Live, Posner recanted the opinion he wrote in the case. He claimed that he "did not have enough information...about the abuse of voter identification laws," to make a better decision in 2007's Crawford v. Marion County Election Board. If he had, he said, the Indiana case "would have been decided differently."

Of course, at the same time, he noted that the dissenting judge in the case seems to have had no trouble ruling correctly at all. Judge Terence T. Evans blasted at the beginning of his dissent in the case [PDF]: "Let’s not beat around the bush: The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage election-day turnout by certain folks believed to skew Democratic."

Evans "was right", Posner now admits, and his own decision was wrong. Apparently, Evans somehow did have the information needed to decide the same case correctly, even if Posner now claims that he, personally, did not for some reason.

Today, the New York Times finally decided to cover Posner's admission, and they add at least one more head-spinning element to all of this...

Too bad this wasn't published previously...before California's ill-considered and incredibly dangerous and deceptively sold SB 360 was signed by CA's Gov. Jerry Brown over the weekend (despite our advocacy and warnings against it.)

In his syndicated "California Focus" column (appearing in 93 papers around the state), Thomas D. Elias opines today on the partisan-passed election reform bill we've been yelling about for months now here at The BRAD BLOG. He accurately describes SB 360 as "a prominent entry in the unofficial sweepstakes to determine this year's worst new state law".

From his column, "New law threatens vote-counting reliability", today...

Elias continues by pointing out the dishonest way in which the bill was represented to lawmakers and the public by its main sponsor, state Sen. Alex Padilla (D) who also happens to be a leading 2014 candidate for CA Secretary of State and, therefore, a potential main beneficiary of the unprecedented, sweeping new executive powers that the law will grant to the state's SoS.

As he writes...

[This is article has now been cross-published by Salon...]

The man who wrote Arizona's "Papers Please" law before running for Kansas Secretary of State in 2010 on the premise of stamping out "voter fraud" there ... before winning and subsequently not being able to find much, if any of it, at all, is nonetheless still at work attempting to keep legitimate voters from being able to cast their vote under the premise that thousands of non-citizens are somehow, secretly, illegally voting in the state of Kansas.

"In Kansas, the illegal registration of alien voters has become pervasive," Kris Kobach's personal website still reads today. He just can't seem to find any.

Despite that annoying little truth, he now has a new plan to try and keep those "alien voters" from voting, even if it involves keeping 17,500 or more perfectly legal U.S. citizen residents of Kansas from voting as well...

Over the weekend, Governor Jerry Brown (D-CA) signed SB 360, a radical new election reform bill, that will, for the first time in decades, end all federal testing of new e-voting systems approved for use in the state of California.

The measure, sold dishonestly by its supporters to the public and lawmakers, is expected to have an impact across the rest of the nation as well. It's enactment paves the way for the final development of a new, unverifiable touch-screen voting system for use in Los Angeles County, where it is then slated to be sold for use in jurisdictions elsewhere in the state and country.

Before the adoption of SB 360, new voting systems in California required two independent levels of testing, both at the federal and state levels before they could be used in an election here. Even with those two independent testing regimes in place, the systems certified by the Sec. of State over the past decade or more have been riddled with errors and security flaws that were later discovered. For those reasons, and others, The BRAD BLOG had been calling, unsuccessfully, for Brown's veto of SB 360.

As we've documented on these pages, the new law also affords sweeping new executive powers to the Sec. of State to approve new e-voting systems for use in so-called "pilot programs" without any certification testing at all, even from state auditors. Those "pilot" e-voting and tabulation systems, according to the new law, may now be used in "a legally binding election" at the sole discretion of the Sec. of State.

The BRAD BLOG has reported in great detail on this dangerous new bill, which was eventually passed along partisan lines with almost no debate in either chamber of the state legislature. It was supported by all the Democrats in both the state Senate and Assembly, and opposed by all but one Republican.

The bill, granting unprecedented power to the California Sec. of State, was authored by state Senator Alex Padilla (D) --- himself a leading 2014 candidate for California Sec. of State. It was also supported by one of his two main rivals for that job, State Sen. Leland Yee (D), who has also gone on record calling for Internet Voting systems in California.

The only one among the top three Democratic contenders to replace CA Sec. of State Debra Bowen (who is termed out in 2014), who did not go on record in support of SB 360, is former Common Cause official Derek Cressman.

As we also reported, the bill was sold dishonestly by Padilla to both lawmakers and the public...

The U.S. Justice Department announced today that it will be filing suit to block the central provisions of North Carolina's new, draconian restrictions on voting.

The DoJ will also ask the federal courts to require preclearance for new election-related laws in the state.

The Tar Heel State's massive new, controversial restrictions on voting were passed by Republicans this Summer just after the U.S. Supreme Court gutted the heart of the Voting Rights Act in June. We've previously described the new measure as the nation's worst voter suppression law since the Jim Crow era.

The DoJ lawsuit is the latest element of U.S. Attorney General Eric Holder's vow this summer to use "every tool" at the DoJ's disposal to fight for voting rights after SCOTUS dismantled a key provision of the VRA that required jurisdictions with a long history of racial discrimination in election laws, such as North Carolina, to seek federal approval, or "preclearance" before new election related laws could be enforced.

The suit follows similar action by the DoJ in Texas, where new polling place Photo ID restrictions and Congressional redistricting --- both previously found by the DoJ and federal courts to be purposefully discriminatory in the Lone Star State --- are also being challenged as violations of the VRA and the U.S. Constitution. The federal suit in NC is the latest of several complaints filed against the state's massive new voting restrictions, all of them alleging, with no small amount of evidence in support, that the law is a racially motivated attempt to suppress minorities and other Democratic-leaning voters.

From the DoJ announcement today:

Note the important point in the above alleging that the NC law is not only discriminatory, it is also purposely so. That argument will be key to the DoJ's case that the new law is in violation of Section 2 of the Voting Rights Act, as well as its argument that the state should be "bailed in" to require preclearance, as per Section 3(c) of the Act...

Picking up on The BRAD BLOG's exclusive statement from the imprisoned former Governor Don Siegelman (D-AL) in regard to the alleged $20 million money laundering conspiracy by the currently-acquitted Tom DeLay, former convict Jack Abramoff, fugitive from justice Karl Rove and others to take down Alabama's popular former Governor, I was joined by Siegelman's son Joseph on this week's KPFK/Pacifica Radio BradCast.

Not familiar with the outrageous prosecution and conviction of Siegelman? Or of what appears to be his blatantly stolen 2002 election (on a Diebold paper ballot electronic tabulator?) This is great episode to listen to, as it also includes a lot of background and a few clips from my interview with the former Governor just days before he was ordered back to federal prison last year.

But before you get outraged all over again, we started off the show with a rarely heard good news segment to help soften everything else a bit. Yes, there have been a number of things to be happy and/or encouraged by, of late...though admittedly it's been very hard to notice.

Plus: Details on this weekend's upcoming Los Angeles screening of the tremendous documentary Shadows of Liberty which I'll be hosting for KPFK (I'm also briefly in the film, discussing the Sibel Edmonds story --- if you're in or near L.A., please come on out Saturday and say hey!); More on CA's terrible SB 360 bill that will end all federal testing of e-voting systems in the state (and some worse stuff too); and, of course a visit from Desi Doyen with the latest Green News Report.

Enjoy! This is a good one!

Download MP3 or listen online below...

Ever since last week's reversal of former GOP Rep. Tom DeLay's 2010 money laundering convictions by a 2-to-1 partisan decision of a three-judge Texas appeals court panel, we have been contrasting the Texas Republican's treatment in the judicial system with that of Alabama's former Democratic Governor Don Siegelman.

Now, the last Democratic governor to serve Alabama is speaking up for himself, in a statement he's furnished to The BRAD BLOG from federal prison, slamming DeLay for what he describes as his part in a $20 million criminal conspiracy with convicted GOP uber-lobbyist Jack Abramoff, Karl Rove, Ralph Reed, Grover Norquist and others to defeat him in his bid for re-election, and to ensure he never took office again.

Siegelman is currently serving a 6.5 year sentence at the Federal Correctional Institution in Oakdale, Louisiana for something that 113 bi-partisan former state attorneys general agree had never been regarded as a crime until Siegelman was convicted for it. (Watch 60 Minutes' 2008 story on Siegelman's outrageous prosecution here.)

In his statement, the former governor speaks out against "The Hammer" and hammers him hard for what he describes as collusion to "engineer a money laundering scheme to defeat me in my race for re-election as governor and to elect Karl Rove's and Tom DeLay's Republican colleague from the U.S. House, then Congressman Bob Riley."

"I know first-hand, personally --- what I'm about to tell you is not hearsay," Siegelman writes about the alleged scheme to remove him from office through a late night ballot tampering scheme. He explains how the conspiracy resulted in robbing him of his 2002 re-election after it had already been called in his favor by all the networks. Later, before Siegelman --- the only person to hold all four top statewide offices in Alabama history --- could run for Governor again, he says the same cabal worked to have him thrown in jail on what appear to be trumped up charges brought by a Bush Administration prosecutor who also happened to be married to Riley's Chief of Staff.

In the fiery, no-holds-barred statement (posted in full below), Siegelman cites Abramoff's own book, Capitol Punishment, in which he says the former GOP lobbyist "admits for the first time to money laundering to the tune of some $20,000,000 dollars 'to stop Siegelman.'"...

I was interviewed over the weekend by Joan Brunwasser of OpEd News about the terrible, dangerous and ill-considered SB 360 bill recently passed by the CA legislature, and still waiting for signature (or, hopefully, veto) from Gov. Jerry Brown.

As I've reported previously, SB 360 would end all federal testing of e-voting systems used in CA, and give sweeping new executive powers to the Sec. of State to approve new e-voting systems for use in "a legally binding election", even with no certification testing by state auditors either!

The measure passed by Democrats, along partisan lines, with little debate, under the false premise that rewriting more than 70 sections of the election code was needed so that L.A. County could develop its own new, 100% unverifiable touch-screen voting system. The bill was authored --- and subsequently misrepresented to both lawmakers and the public --- by Democratic state Sen. Alex Padilla who also happens to be a leading 2014 contender for Sec. of State to replace Debra Bowen who is termed out next year.

My OpEd News interview begins with this question from Brunwasser...

Give the full interview a read to find out my answer to those questions, along with a number of other thoughts on Democratic science denial when it comes to unverifiable (and untested) election technology.

If you've yet to give CA Governor Jerry Brown your opinion on whether he should sign or veto SB 360, you may do so right here. (Choose "SB00360" from the "Please choose your subject" dropdown box, and select Pro or Con on the next screen.) You may also call his office to leave your opinion at (916) 445-2841.

NOTE: The space-aged touch-screen system being developed by L.A. County, is also being planned for sale to other jurisdictions across the country. The way CA tests and certifies its voting machines, or doesn't, is very likely to have a direct impact on voting systems used in your jurisdictions across the nation as well!

Support truly independent media! Support The BRAD BLOG...

California State Sen. Alex Padilla continues to mislead the public about SB 360, his radical election reform bill passed recently by the state legislature along partisan lines, and now waiting for a signature, or veto, from Gov. Jerry Brown.

The bill, as we explained in our detailed exposé last week, would end all federal testing of new e-voting systems in the state of California. The use of only federally-approved voting systems had long been a requirement in the state. Moreover, the measure would grant unprecedented sweeping executive powers to the Sec. of State to approve new voting and tabulation systems for use in real elections without any certification testing at all, even by state auditors.

Coincidentally, Padilla, the bill's sponsor, is also a leading 2014 candidate for Sec. of State in California.

Last week, we explained how Padilla has been cynically selling this bill for many months as necessary in order for jurisdictions like Los Angeles County to own their own non-proprietary voting systems. Who, after all, other than private voting machine companies (and/or folks who'd like to use such systems to game elections), would be against the idea that voting systems should be publicly owned by the jurisdictions which use them to run their own public elections? But that explanation doesn't really tell the full story.

L.A. has been in the process of developing a new, publicly-owned, 100% unverifiable touch-screen voting system for some time. (See a new video of their design concepts, all quite troubling for those of us familiar with new, touch-screen e-voting systems, right here or at the bottom of this article.) The county has said they hope to sell their new system to other counties in the state and across the country. But, what Padilla doesn't mention to lawmakers or to the public while pitching his legislation, is that L.A. already owns their own current voting system and has for many years.

"I've introduced a piece of legislation that doesn't mandate, but allows, at the county level, county governments to own their voting systems," Padilla misleadingly announced on KSRO the day before the bill was finally approved by both chambers of the state legislature earlier this month. He cited L.A. County's development as the reason that counties should be able to own their own voting systems...which, he didn't mention, L.A. already does.

The audio clip of the KSRO interview is featured on Padilla's web page...

You can listen to Padilla's brief, 9/5/2013 interview on KSRO here [appx 4.5 mins]:

Since SB 360's introduction back in February, Padilla has been quoted similarly, and misleadingly, in every press release we've seen issued by his office, touting that "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections."

The next, even more misleading part of the oft-used Padilla quote, has been modified only slightly in his press releases since the bill's introduction last February...

A new bill that would grant unprecedented and unchecked powers to the California Sec. of State --- including those that could allow him or her to approve new e-voting systems for use in actual elections with no testing at all --- was approved late last week by the state legislature along partisan lines. It is now on its way to Gov. Jerry Brown (D) for his signature or his veto.

The Governor should veto SB 360, a sweeping, dangerous, ill-conceived and dishonestly presented piece of legislation, passed with little debate in public or in either chamber of the state legislature.

The measure has been, and is being, deceptively sold to the public and to state lawmakers as necessary to allow CA counties --- specifically Los Angeles County --- to "develop, own and operate public voting systems". In fact, the bill does much much more than that. What it actually does, among other things, is end the long-standing requirement that all electronic voting systems used in the state be tested and certified at the federal level before being allowed for use in California.

The bill also includes a provision allowing for new voting systems to be used in "pilot programs" during "a legally binding election", before the systems have been certified by the state in any way. That, in effect, could allow a new system to be used in an actual election, by actual voters in the Golden State, without any independent testing whatsoever, depending on a Secretary of State's interpretation of this poorly drafted bill. That should be a serious concern to all voters --- particularly given the massive flaws already discovered in e-voting systems used across the state (and country) that were subjected to independent testing by both federal and state authorities before use.

In other words, SB 360, as approved by the state legislature, does away with all federal testing for voting systems used in California, and, to make matters worse, grants the Secretary of State sole power to approve e-voting systems for use in actual elections --- even without certification testing by state auditors either.

As if all of that is not bad enough, the bill's Democratic author, state Senator Alex Padilla --- a leading 2014 candidate for CA Sec. of State himself --- has been misleadingly pitching the bill as necessary in order to allow for the use of non-proprietary, publicly-owned voting systems in the state. But, in fact, CA already allows the use of non-proprietary, publicly-owned voting systems. In fact, the voting system currently in use across L.A. County --- the largest voting jurisdiction in the nation, with more voters than 36 actual states --- is already publicly-owned!

Such facts were not been mentioned by Padilla during his office's advocacy for the bill, and they have failed to respond to our multiple queries on that point and several others since the bill was initially introduced earlier this year. Instead, the state Senator and SoS candidate continues to dishonestly pitch the bill to the public, as evidenced again in his Friday press release (posted at the bottom of this article), touting the bill's approval by the state legislature.

"Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," Padilla is deceptively quoted, in bold text, as saying in a number of press releases in support of the bill, including Friday's release. He then adds misleadingly (since we already have such a system here in Los Angeles): "A public voting system will be more transparent, instill public trust, be more accountable and provide greater access to all voters."

In short, SB 360 is a dangerous, irresponsible bill which fails to learn from the recent history of previously irresponsible and/or corrupt Secretaries of State, completely rewrites the state's election code to allow for less testing, rather than more, of the state's already-buggy and insecure collection of e-voting systems, and it's being sold dishonestly to the public and lawmakers by a legislator who is very likely to be the recipient of its new, sweeping, unprecedented, executive powers...

From AP this week...

Wow. 15,000 legal voters stopped from voting. Kansas must have a terrible problem with non-citizens voting! After all, that's all the state's Republican Sec. of State Kobach (who also wrote Arizona's "Papers Please" law) ran on in 2010: stopping "voter fraud"! In fact, his own personal website warns even today: "In Kansas, the illegal registration of alien voters has become pervasive."

"Pervasive"? Really? So, how many cases of non-citizens voting has he turned up in the two and half years since being elected as Secretary of State?...

Note 1: Pardon the herky-jerky Skype web cam video.

Note 2: The BRAD BLOG article about Eric Holder that I believe my friend Mike Papantonio cited during our conversation, was actually written by our legal analyst Ernest Canning. But, of course, I'm proud to stand behind it 100%! Just wanted to give credit where due.

Note 2a: There are several different issues currently in court between TX and the DoJ, and they get a bit conflated during my conversation with Pap. One issue is the filing by the DoJ asking the court to order that the state of Texas be added, or "bailed in", to the list of jurisdictions requiring federal preclearance for all new voting-related laws, given their history of purposeful discrimination with such laws. The current list of jurisdictions is now empty, since the U.S. Supreme Court killed the Voting Rights Act formula used to determine who should be on that list. The other TX/DoJ case we discuss is the DoJ's suit to block the TX GOP's disenfranchising polling place Photo ID restriction. That law, though it was found discriminatory in 2012 by both the DoJ and a federal court, was re-enacted by TX immediately after SCOTUS gutted the VRA. The DoJ, and other parties, are now suing to block it under the still-existing Section 2 of the VRA, as well as on Constitutional grounds. (We hope to have more details on the lawsuits against the TX GOP's polling place Photo ID restriction law soon. And, I'll add, our coverage should offer some pretty encouraging news for voting rights advocates who, unlike Ernest Canning, may not have dug into all the legal details and already-established facts of the case. --- UPDATE: That article is now here, and offers some very encouraging news indeed about the likelihood that the TX Photo ID law is already doomed in court!)

Note 3: Enjoy!

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92-year-old William Allison at today's march with the same sign he used in 1963! --> pic via: @TheObamaDiary #MOW50 pic.twitter.com/Hwg8cJqdjh

— Eric Wolfson (@ericwolfson) August 24, 2013