Problems with New York's new electronic voting system are being reported across the state today, according to the New York Times. Today's primary elections mark the first statewide use of the new, paper-based optical-scan systems which have been been the cause of much controversy among election officials and Election Integrity advocates over the last several months and years in the Empire State.

New York is the last state in the union to replace their older election system --- much of the state, as well as all of New York City had previously used mechanical lever machines --- with new-fangled, failure-prone, easily-manipulated computerized systems following the federal Help America Vote Act (HAVA) of 2002 which was enacted in the wake of the 2000 Presidential Election debacle.

In New York City, where Wall Street Journal reports the problems are "most severe" --- including reports from Mayor Bloomberg on "reports of broken and missing scanners, poor customer service and poll sites opening two to four hours late" --- the new systems are made by ES&S, the nation's largest voting machine company, and one with a storied history of election failures.

The systems used in other parts of the state are largely manufactured by the Canadian firm Dominion Voting, formerly as a partnership with Sequoia Voting Systems. Dominion eventually bought out cash-strapped Sequoia's portion of the NY state deal before buying out Sequoia entirely earlier this year. The purchase of Sequoia, then the nation's third-largest e-voting firm, on the heels of their purchase of Diebold/Premiere just weeks prior, has vaulted Dominion, virtually overnight, to one of the largest e-voting vendors in the U.S..

[Read The BRAD BLOG's recent exclusive on the Dominion purchase of Sequoia, and their attempts to cover up the continuing relationship that Sequoia has with a Venezuelan firm tied to President Hugo Chavez.]

Some state election officials and Election Integrity advocates alike had long-warned against the implementation of these new systems, going so far as to take the issue to court and to testify to the inability of certifying the accuracy of elections run on the new machines.

According to the Times this morning, some polling places "did not open for more than 90 minutes" in Brooklyn; elsewhere, every ballot scanned "was returning a the 'system error'" message; and across the state, there have been reports of "longer-than-usual delays and troubles with the scanners that are supposed to swallow and tabulate the new, SAT-style ballots"...

[Ed Note: L.A. County Registrar-Recorder/County Clerk Dean Logan was my guest on Wednesday night to discuss this report and its associated issues, as I am guest hosting the Mike Malloy Show again this week. The audio archive of that interview is now posted here. - BF]

-- Brad Friedman, The BRAD BLOG

The Los Angeles County Registrar-Recorder/County Clerk's office has issued a 5-page report on the complete failure I experienced while attempting to cast a ballot on the county's electronic voting system during this year's June 8th statewide primary.

The failures that I encountered last month --- as I detailed that night --- mirrored, almost exactly, those that occurred when I attempted to use the very same system, at the very same polling place, during the statewide primary in June of 2008 when the ES&S InkaVote Plus e-voting system that time had misprinted 4 out of 12 of my votes.

This time, it didn't misprint my ballot because I caught the problem --- on two separate machines --- before getting to the point where the system would have printed out my ballot. And this time, just as they concluded after a detailed investigation last time, L.A. County Registrar Dean Logan's office is chalking it up to, essentially, 'human error', in addition to limitations and inadequacies of the e-voting system itself...

On Tuesday, the St. Louis Post-Dispatch published an OpEd by Cynthia Richards and Phillip Michaels of the non-partisan election integrity organization Missourians For Honest Elections.

We don't normally do this, but since the entirety of the piece was so tremendously good; and, since it's so rare to see such an on-target OpEd on this topic in any major corporate news outlet; and, since St. Louis is our old hometown; and, since we've met with the MoHonest folks on a number of very pleasant occasions; and, since St. Louis County, the largest in MO, still shamefully uses 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the oft-failed ES&S outfit in no small part because of this blog and this blogger's father; and, since the City of St. Louis still shamefully uses 100% unverifiable DRE systems made by Diebold; and, since much of the rest of the important "swing state" still shamefully uses similarly 100% unverifiable voting systems; and, since both fake "voting rights advocate" (really, top GOP vote suppression scam artist) Thor Hearne, and Bush's horrific U.S. Election Assistance Commission chair (now, Internet Voting huckster) Paul DeGregorio both live there and don't give a damn that voters in the state use such oft-failed, easily-manipulated, fully-unverfiable voting systems; and, since more people are likely to read the full article here than at the the Post; rather than just linking to the editorial, or quoting a few grafs, we're gonna run it in full below.

Please read it, and consider writing similar for your major newspaper in your hometown (and then watch them not publish it)...

After all these years, not much has changed for the denialist jurisdictions that still insult their voters by using 100% unverifiable electronic voting machines.

Pittsburgh's WTAE filed a report last week with a ring of exhausting familiarity --- at least to long time readers of The BRAD BLOG. This one stars, as usual, both an open, unsecured door to the warehouse, and an election official --- in this case, Allegheny County Pennsylvania's Election Division manager, Mark Wolosik --- claiming he's "seen" no problems before, so everything is just dandy, nothing to worry about when it comes to his support of the use of 100% unverifiable electronic voting systems by his county's voters...

As we have long tried to get across to anyone who would listen, the greatest threat to "secure" computerized systems --- such as the electronic voting systems, incredibly, still in use in all 50 states for this year's crucial election cycle --- comes from insiders.

Late last week, another report, this one via ComputerWorld, underscored the point yet again:

The gullible are welcome to buy into the Rightwing propaganda that ACORN is somehow stealing elections, despite the complete dearth of any actual evidence that any vote has ever been illegally cast in any election vis a vis an improper registration by an ACORN worker.

But the facts, demonstrated yet again by the BofA story, are much as non-ideological computer scientists and security experts have been trying to warn for years in regard to electronic voting systems: the greatest threat to such systems comes from insiders, such as election officials who can manipulate results simply and directly and in such a way that they are unlikely to ever get caught doing it.

Even the sham 2005 Rightwing-created Baker/Carter National Election Reform Commission --- created almost entirely to put an "official"-appearing imprimatur on the call for disenfranchising Photo ID restrictions at polling places --- was forced to admit as much in their final report...

Rand Paul, son of Rep. Ron Paul (R-TX) is running for the GOP nomination for U.S. Senator to replace the retiring Sen. Jim Bunning in the state of Kentucky. Paul, who has been endorsed by the likes of Sarah Palin, is running against Republican Party insider, KY Sec. of State Trey Grayson, who has been endorsed by the likes of Dick Cheney. Primary Election Day is set for May 18th.

Grayson's disturbing history of misrepresenting the truth in regard to certification of the state's electronic voting systems should be of great concern to Paul and his supporters, particularly given the state's rich history of confirmed election fraud by election insiders --- which includes tampering with e-voting systems to change voters votes --- and the fact that much of the state still uses electronic voting systems which are 100% unverifiable in any way, shape or form.

Of equal concern are the hand-marked paper ballot systems used in other parts of the state. Those electronic systems are also at risk to both simple, nearly undetectable manipulation by insiders as well as tallying errors, and have been found to feature serious security flaws highlighted in the past by the state's own former Republican AG. Even admissions by one of the voting machine companies, Diebold, that systems in use in the state did not meet certification requirements, were largely dismissed, and all but ignored for years by Grayson, the state's chief election official who will be overseeing his own election against Paul in May...

Straight-party ticket voters have long been getting screwed by touch-screen voting systems, whether they knew it or not, in election after election, as the systems have failed in various ways in states around the country for years.

But, for a modicum of good news on that front, finally, last week a panel of federal judges in Dallas County, TX, have responded to a lawsuit from the Texas Democratic Party --- who finally bothered to notice the problem --- by halting the use of such systems until corrective action of some sort can be taken. As the Dallas Morning News reported the county's E&S iVotronic touch-screen voting systems have now been decertified for the moment, leading the chair of the Texas Democratic Party to declare a "victory," even as he went on to demonstrate he still seems somewhat unaware of the overall problems of voting at all on such systems...

Incredible. This would be the equivalent of appointing the sitting Vice President of Exxon Mobil to an EPA advisory committee, but Ed Smith has now been appointed to the disastrous U.S. Election Assistance Commission's (EAC's) Technical Guidelines Development Committee as one of their new "Technical and Scientific Experts."

From the EAC's email announcement on Friday (posted in full at end of article):

So Smith went from voting machine company Hart Intercivic to voting machine company Sequoia Voting Systems and is now at voting machine company Dominion Voting Systems, where he is a VP, selling e-voting systems to jurisdictions around the country that receive federal money doled out by the EAC. And now he'll also sit on an advisory board at the EAC helping to advise which one of those companies sees their systems certified for use in U.S. elections by the EAC. Just amazing.

But that's not even half the story of why this is just incredible, and another huge black eye for the EAC. (How many eyes do they have left to blacken at this point?) If you're not a long time reader of The BRAD BLOG reader, and don't recall who this Ed Smith is, read on. It's simply stultifying...

My latest special to the Right-leaning Gouverneur Times of Upstate NY details multiple "urgent" warnings that state and federal officials received over the last year from multiple election advocacy groups concerning the dangers and pitfalls of the state's e-voting pilot program which came crashing down on voters during the recent NY-23 Special Election for the U.S. House.

They were warned, over and over and over again, about the dangers of using uncertified e-voting systems in real live elections, yet, despite the concerns expressed by experts about using real voters "as guinea pigs," it appears officials took no action in response.

Here's my exclusive over there...

Paging the E-Voting Geek Squad!

Following public records requests in Riverside County, CA, the Election Defense Alliance has received a public copy of code used to program a recent election on an e-voting system made by Sequoia Voting Systems, Inc.

The result is a first-of-its kind public examination of such code, as now underway on a wiki page called the "Sequoia Voting System Study Project" which was created by the group this week.

"For the first time ever, the internal guts of a modern voting system will be publicly examined in a collaborative, open fashion," the page explains before explaining that the code, prior to being released, was first given to Sequoia by Riverside County to strip out whatever they regarded as proprietary information.

"As near as we can tell," the wiki page notes, "instead of stripping out proprietary stuff of any sort, Sequoia simply committed vandalism: they stripped the Microsoft SQL header data off the top, expecting that this would ruin access to the data under any possible database utility, making the contents unreadable."

But according to project participant Jim March --- a long time citizen e-voting watchdog and inveterate software geek --- Sequoia didn't succeed...

A group of computer scientists and security experts from California's 2007 landmark "Top-to-Bottom Review" (TTBR) of electronic voting systems have sent a two-page letter [PDF] of condemnation to the U.S. Election Assistance Commission (EAC), taking the federal body to task for their approval of misused security findings from the TTBR in recent certification testing for a new e-voting system made by Diebold/Premier.

The voting system, Premier's Assure 1.2 --- made by Premier Election Solutions, Inc. (formerly named Diebold Election System, Inc. and recently purchased by Election System and Software, Inc.) --- was granted federal certification by the EAC last August under new test protocols which "should not have received the EAC's approval," according to the letter penned by Aaron Burstein and Joseph Lorenzo Hall, and signed by twelve other investigators and participants in the TTBR project.

The letter was addressed to the EAC's Director of Testing and Certification Brian Hancock, a longtime official at the commission with a disturbing background of helping to hedge test results for other electronic voting systems...

Guest Blogged by Emily Levy of VelvetRevolution.us

Notorious electronic voting company Diebold, which has been hiding its election division under the name Premier Election Solutions, has bilked California taxpayers out of more than $100 million dollars for its failed, faulty, illegally certified electronic voting systems.

Velvet Revolution has now launched a new campaign: Diebold: Return Our Money! at DieboldReturnOurMoney.com and we hope you'll sign on in support.

California officials recently discovered that ALL of Diebold/Premier's voting systems violate federal, and thus state, certifications guidelines! These systems do some or all of the following in violation of those certification standards and laws:

• delete ballots without notice
• allow the "permanent" audit log records to be deleted
• fail to properly record deletion of ballots
• insert incorrect time stamps on audit log items.

Yet Diebold has falsely claimed, for years, they their systems meet all federal voting system standards. Accordingly, VR demands that:

1) DIEBOLD: RETURN OUR MONEY!: Diebold/Premier has accepted well over $100 million in county, state and federal taxpayer funds in California for services which the company knew it could not perform. With California's devastating budget shortfall of $ 45.5 billion dollars, we demand the return of these funds from Diebold. The purchase price for hardware, software licenses, and maintenance fees should be returned to the State within 90 days. If Diebold's announced sale to Election Systems and Software, Inc. (ES&S) becomes final, California must be fully reimbursed nonetheless, whether from Diebold or ES&S.

2) SOS DEBRA BOWEN: DECERTIFY DIEBOLD!: Diebold/Premier products, currently used in 20 California counties (and some 34 states across the country, by the way), violate federal voting system standards and must be immediately and permanently decertified for use in the state by Secretary of State Debra Bowen.

3) AG JERRY BROWN: PROSECUTE DIEBOLD!: California's Attorney General Jerry Brown must immediately launch a comprehensive criminal investigation into Diebold/Premier's knowing use and sale of faulty election systems that have undermined our elections. Further, unless Diebold/Premier, within 90 days, refunds to California all monies paid for its fraudulent software and equipment, we call on the State of California to file suit against Diebold/Premier seeking the return of funds for breach of contract and fraud.

Visit the campaign page at DieboldReturnOurMoney.com to send a quick email to Diebold (c/o the aptly-named company rep Chris Riggall), SoS Bowen and AG Brown. Over 400 emails have already been sent in the first 48 hours of this campaign...

-- Brad Friedman, The BRAD BLOG

As if the former U.S. Election Assistance Commission (EAC) chair Paul DeGregorio hadn't done enough damage to our nation's electoral system during his disastrous reign as a commissioner from 2003 to 2007, it looks like he's now more than happy to cash in on his Bush-appointed public post in the private sector as Chief Operating Officer for a dubious Internet voting operation.

Everyone Counts (E1C) is the San Diego-based firm which ran "America's first all-digital online and telephone election" in Honolulu, which was completed last week. That's the way it was described by Aaron Contorer, the company's Chief of Products and Partnership, in a very thinly disguised press release, sadly posted, as if a news article, recently by Huffington Post. [Full Disclosure: We also contribute articles to HuffPo, though we try to offer news, rather than press releases.]

As COO of Everyone Counts, DeGregorio has posted a video commercial (and a bad one at that, see the bottom of this article where it's re-posted) on his bio page at the company website. His face is also featured on the front page of their site. In the short video, DeGregorio crows about his 22 years in the election "business" while posing in front of the U.S. Capitol and Washington Monument in D.C.

Trading on his former self-proclaimed status as "America's chief election official," DeGregorio endorses the private company for which he now works, noting in the video: "I've been involved in this business for 22 years, having risen to the, America's Chief election official. And I have found that Everyone Counts is the place for me to be, because it's the only organization that provides transparency, accessibility, security and choice. And I think that's the most important thing for any election official, anywhere in the world."

While evidently accuracy doesn't even make DeGregorio's list of "most important thing[s] for any election official" --- not surprising, given his oversight, during his tenure at the EAC, of federal approval for myriad electronic voting systems that fail to meet federal accuracy standards --- the idea that EC's Internet voting schemes provide "transparency" seems to be entirely without evidence, as The BRAD BLOG confirmed with a representative of the Honolulu Neighborhood Commission Office which sponsored last week's election.

Moreover, Everyone Counts' virtual election in Hawaii, according to late news reports this week, seems to have been a dismal failure, at least if the 83% plummet in voter participation might be taken as any indication, in addition to the election's lack of transparency and verifiability.

Numerous commenters, including us, left responses to Contorer's misleading and disinformative HuffPo item, noting serious concerns about E1C's "all-digital" voting scheme. Concerns were expressed by many posters about citizens' lack of ability to verify the accuracy of votes cast, and of transparency and security in the system which, Contorer claims, employs "military-grade encryption technology." He goes on to try to convince readers that it's also "faster, more reliable, and more secure than if they had voted on paper." He failed to answer to any of our critical comments, however, and neither did he offer evidence to back up his claims about his company's superior reliability and security over fully-transparent, paper-ballot voting.

Despite his shameless promotion, and an offer in his video to contact him with any questions, DeGregorio himself did no better in responding to our request for comment in regard to our concerns...

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

Due, in no small part, to the concerns expressed in our February analysis of the January draft version of this year's Election Reform bill being introduced by Rep. Rush Holt (D-NJ) in the U.S. House, along with a bit of "lobbying" his office for a key change after the publication of that article, the updated version of the bill [PDF], said by his office to be the "final" one before introduction, has been slightly --- one might even say, significantly --- improved to meet one of our major concerns.

Still, while there is a lot of much-needed reform in this federal legislation, there remain many concerns with it as well. So let's take a quick, updated look at the good, the bad and the ugly in the soon-to-be-introduced "final" version of Holt's "Voter Confidence and Increased Accessibility Act of 2009"...