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The Secret Koch Brothers Tapes...


By Brad Friedman on 1/30/2008 2:50pm PT  

After virtually ignoring the issue for some six straight years, our hometown newspaper, The Los Angeles Times, has run a two-part, 2,800-word "series" on concerns about voting machines, right on schedule, just in time to do absolutely no good at all before next week's upcoming Tsunami Tuesday election in the state. Waytago, LATimes!

The series reports absolutely nothing that has not already been reported over the last several years here at The BRAD BLOG, which is why the LATimes folks makes the big bucks and we don't.

They do, however, include an important point at the very end of the second article, in quoting from one of the country's most notable long-time voting machine apologists, Kimball Brace...

--- Click here for REST OF STORY!... ---

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Some Election Officials Voice Concern That Recent Changes Restricting Use Of Some Voting Machines Jeopardizes Integrity Of Elections
But Secretary Of State Debra Bowen Defends Actions By Calling Voting Machines 'A Major Threat To Democracy'
By Alan Breslauer on 1/16/2008 8:27pm PT  

Guest Blogged by Alan Breslauer

According to a NewsHour report, some county election officials in California believe that changes ordered by Secretary of State Debra Bowen, including decertifying some voting machines, may put the integrity of upcoming elections in jeopardy. Seriously. This despite Bowen's explanation for her actions:

Bowen: Our scientist found that every system they looked at could be compromised in ways that made me uncomfortable. They were able to bypass security seals by undoing two screws and opening the whole machine. They were able to change the results without ever having any knowledge of the computer code itself.

Steve Weir, an election official from Contra Costa County, explains why election officials are concerned with Bowen's directives not to use some newly purchased machines:

Weir: You can't keep changing voting systems. You don't make changes to your voting system without really jeopardizing your own security and your own reliability, um, this close to an election.

However, Stanford professor David Dill backs Bowen and proclaims, "It seems that there is almost a national consensus that we have a serious problem". Dan Ashby, of the Election Defense Alliance, agrees that the use of voting machines is a dangerous endeavor:

Ashby:The election department public servants are not capable of running the election without having all kinds of technical help from the voting machine companies. [Which is dangerous because] They have the access and the means, motive and opportunity, if they were inclined, to change the programming in ways that no election official or voting member of the public could possibly perceive such that it would change the outcome of the election in an undetectable untraceable way.

Voting machines pose another, often overlooked, problem beyond the technical problems most often associated with such machines. Mainly, voting machines have led to a vast public distrust of elections. According to Bowen, the lack of trust in voting machines has caused people to "check out and not participate" and is thus, "a major threat to democracy".

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Cover Graphic Shows Exploding Voting Booth with 'WARNING' Label: 'Your vote may be lost, destroyed, miscounted, wrongly attributed or hacked'
By Brad Friedman on 1/4/2008 2:50pm PT  

The entire debate over e-voting may well be just about to change. Hopefully for the better. Big time.

Editor & Publisher's editor Greg Mitchell, has tipped off The BRAD BLOG late this afternoon, that the New York Times Magazine is set to run a "massive" cover-story this Sunday, on the entire e-voting disaster titled "The Bugs in the Machines."

Better late than never?

Mitchell describes the story as "quite chilling" in the exclusive preview he's just posted to his new personal blog. Here's the first coupla grafs from his scoop...

Coming between the Iowa and New Hampshire tallies, this Sunday's cover of The New York Times Magazine ought to strike a chord. It shows a man inside an exploding voting booth with a WARNING label over it and the words: "Your vote may be lost, destroyed, miscounted, wrongly attributed or hacked."

The massive Clive Thompson article, titled "The Bugs in the Machines," is quite chilling. "After the 2000 election," it opens, "counties around the country rushed to buy new computerized voting machines. But it turns out that these machines may cause problems worse than hanging chads. Is America ready for another contested election?" One key passage: "The earliest critiques of digital voting booths came from the fringe --- disgruntled citizens and scared-senseless computer geeks --- but the fears have now risen to the highest levels of government."

One expert says that "about 10 percent" of the devices fail in each election.

UPDATE 1/5/08: The entire, nearly 8,000 world article, is now out, and posted right here. It looks very good on first glance. But more later as we get a chance to review it in full.

And no, for those who've asked, The BRAD BLOG was neither consulted for, nor mentioned in the Times lengthy story (unless you consider "fringe...disgruntled citizens and scared-senseless computer geeks" to be a mention. Though we guess it's better than the Times original take on us, from November 20, 2004, which referred to election integrity issues as "the conspiracy theories of leftwing bloggers," just after we began investigating and reporting on the very issues which make up the basis of today's 8,000 word, better-late-than-never, New York Times report.)

We accept your apology.


One quick inaccuracy in the story, for now, which is small, but we feel important to correct for the record: Once again, Prof. Ed Felten of Princeton University has misled the NY Times about the origins of the Diebold touch-screen system his team used for their landmark virus hack in the summer of 2006.

He is interviewed in the story, in relation to the study, in which his team was able to easily implant a virus. It's reported, in the story, that the machine was "anonymously donated" to him. It was not. Which he well knows...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/2/2008 12:04pm PT  

As expected, the barrage of stories in the national media concerning problems with e-voting systems --- as usual, too late to make much of a difference before the next election cycle --- continues...

"As primaries draw near," reports Wolf Blitzer, "some states are finding serious problems already with their electronic voting machines --- and they're ready to give e-voting a grade of 'F'"

RAW STORY has the video...

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They're Late to the Game, But We'll Take Whatever We Can Get....
By Brad Friedman on 1/2/2008 10:33am PT  

The Election Integrity advocate gets quoted in graf 3 of an AP story on Election Integrity. Go figure...

DENVER - With the presidential race in full swing, some U.S. states have found critical flaws in the accuracy and security of their electronic voting machines, forcing officials to scramble to return to the paper ballots they abandoned after the 2000 Florida debacle.

In December alone, top election officials in Ohio and Colorado declared that widely used voting equipment is unfit for elections.

"Every system that is out there, one state or another has found that they are no good," said John Gideon of the advocacy group Voters Unite. "Everybody is starting to look at this now and starting to realize that there is something wrong."

Nice. That, as opposed to the EI expert showing up, maybe, in the penultimate graf, only to be finally countered at the end by the voting machine company spokeshole or election official who then lies: "Everything's just fine! Our machines work great!"

What runs via AP matters, as its picked up by, um, everybody. So it's good to see them covering this issue finally, with our buddy John Gideon getting the featured prominence he deserves, in a story which will likely be widely read.

And now to be both beggar and chooser: there's a minor error or two, a couple of dubious points in the story, and, most notably, a quote or two (one from the CO SoS) that underscores the failure of AP, and the rest of the corporate media, to adequately report on this issue, at least up until now...

--- Click here for REST OF STORY!... ---

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Once-Great, Now-Disgraced American Company Also Facing SEC Probe, Lawsuits, Upcoming 2008 Election Meltdowns
Not to Say We Told Ya So, Diebold Shareholders...
By Brad Friedman on 12/21/2007 11:27am PT  

The death spiral for the 131 year-old company, once respectfully known as Diebold, continues, as its stock price falls to a 5-year low today, near year's end (currently $29.23/share and still sinking, from a 52-week high of $54.50/share), along with the additional news that the U.S. Department of Justice has now joined the SEC in an investigation concerning the company's "Enron-like" bookkeeping tricks...

Diebold Inc. (NYSE: DBD) said it has learned that the U.S. Department of Justice is conducting an investigation that parallels a previously disclosed investigation by the Securities and Exchange Commission into the company’s discontinued practice of recognizing certain revenue on a “bill and hold” basis.

Diebold announced in early October that it has been engaged in an ongoing discussion with the SEC’s Office of the Chief Accountant regarding its former use of the "bill and hold" method of recognizing revenue.

Under bill and hold, ownership of a product contractually passes to a customer and revenue is recognized by the supplier prior to delivery of the product to the customer.

Diebold said it’s in continuing talks with the Office of the Chief Accountant so that it can determine what the company termed “the most appropriate revenue recognition method” to replace its bill and hold practice.

The BRAD BLOG, of course, originally reported on the SEC's investigation into Diebold's book-keeping chicanery back in May of 2006, just a few months after our first exclusive report, based on information from a company insider we dubbed DIEB-THROAT, preceded a 20% stock-price plunge just days afterward.

At the time, back in late September 2005, the stock price plunged to a 52-week low of about $44.37/share (which we're sure they'd kill for now --- not that we wish to give them any ideas) and DIEB-THROAT told us in response to the related news: "the last time this kind of deception occurred it was called Enron."

Then came a class action securities fraud suit against the company in December 2005, as first broken by The BRAD BLOG natch, before the parallel SEC investigation first became public.

Since then, following one independent study after another after another after another, finding their electronic voting systems to be virus-prone, hackable, unreliable and inaccurate, the company finally dumped it's controversial CEO who had infamously promised in a Republican fundraising letter that he was "committed to helping Ohio deliver its electoral votes to" George W. Bush in 2004, before attempting again to fool the American public by renaming its election division "Premiere Elections Solutions" (same pig, fresh lipstick), just after stock prices plummeted again in August of this year to $47.60 as The BRAD BLOG noticed what appeared to us, and at least one financial analyst, to be possible insider trading among a number of company officials.

Prices have continued to fall ever since --- a lucky coincidence, no doubt, for those executives who just happened to unload a bunch of stock near the year's high at $53.05 - to today's 5-year low of $29.20.

Additional bad news arrived last Friday for Diebold when a new study by the state of Ohio found their systems to be easily hackable (again), with better news coming last Tuesday as the state of Colorado's own certification tests, surprisingly, gave their their machines a pass while decertifying many others. Yesterday, however, the reason for the inexplicable get-out-of-jail card they received in CO may have become a bit clearer: As it turns out, the Republican Secretary of State who oversaw the new certification testing, Mike Coffman, is running for Congress, and his campaign shares the same consultants as Diebold/Premier in the state. Go figure.

Diebold/Premiere's spokeshole, Chris Riggall told the Rocky Mountain News in response yesterday, that the company just had no idea about the extraordinary conflict of interest. But with the mission already accomplished, he announced to the paper: "Effective tonight that relationship is terminated."

With their stock-price still spiraling this morning, Diebold is quoted by Crain's Cleveland Business today as saying the company "anticipates [the DoJ] review will be completed in the first quarter of 2008" ... Though rest assured, The BRAD BLOG's review of the company won't be completed by then. Not by a long shot.

Merry Christmas, Diebold!

And if you'd like to wish The BRAD BLOG a Merry Christmas, we hope you'll feel free to consider sending a much needed ONLINE DONATION --- in dishonor of Diebold! --- as the holiday grows near.
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All Voting Systems by ES&S Completely Decertified; DRE Touch-Screens from Sequoia Banned; Optical-Scan Paper Systems by Hart InterCivic Banned; All Systems by Diebold/Premier Conditionally ALLOWED for Use!
SoS Admits Federal Certification Process, Now Overseen by Former CO SoS on Behalf of EAC, 'Has Been Very Weak to Date'...
By Brad Friedman on 12/17/2007 3:37pm PT  

Colorado's Republican Secretary of State, Mike Coffman, has announced that a number of Colorado's e-voting machines have failed state certification testings, and will not be allowed for use in the 2008 election cycle. The announcements came at a news conference in Denver which completely just minutes ago.

Describing the state's testing of four major voting machine companies previously certified in the state, Coffman explained to reporters at the presser that there were "over 3000 tests on each vendor['s systems], and over 40,000 pages documenting the tests."

"This has been an extensive process," he said, after detailing several remarkable findings from each of the systems testing. For example, test results showed that paper-based optical-scan systems made by Hart InterCivic "could not accurately count ballots." While Direct Recording Electronic (DRE, usually touch-screen) systems made by ES&S, the world's largest supplier of voting systems, could be disabled by "denial of service" attacks at the polling place with a device as simple as a magnet.

"If you were to put a magnet in close proximity or inside the port," Coffman said at the press conference today, "that would, in fact, disable that particular voting machines and it would have to be literally reprogrammed...to bring in back into circulation for that election."

While virtually all of the systems tested were found to have major vulnerabilities, a number of them were "conditionally certified" for use as long as new security mitigation requirements are met. Notably, both op-scan systems and DREs made by Diebold (now known as Premier) were given conditional certification for use, despite Diebold systems having been banned in several states previously, including California, Ohio and Florida, due to a long list of critical vulnerabilities.

A summary of the decertified and conditionally certified systems follow (links to more information on each, at the end of this article):

  • All voting systems made by Election Systems & Software, Inc. (ES&S), both paper-based optical-scan and DREs, were completely decertified. Their op-scan systems tested, according to Coffman, "both failed because of an inability to determine if the devices work correctly and an inability to complete the testing threshold of 10,000 ballots due to vendor programming errors." Their ubiqutous, and fatally flawed iVotronic DRE system "failed because it is easily disabled by voters activating the device interface, and the system lacks an audit trail to detect security violations."
  • Paper-based optical-scan systems made by Sequoia Voting Systems were conditionally certified, while their DRE systems were completely decertified for use, as they "failed due to a variety of security risk factors, including that the system is not password protected, has exposed controls potentially giving voters unauthorized access, and lacks an audit trail to detect security violations."
  • Paper-based optical-scan systems made by Hart Intercivic were decertified "because test results showed that they could not accurately count ballots"(!), while their DRE voting system was conditionally certified.
  • And finally, both optical-scan and DRE voting systems made by Diebold/Premier were conditionally certified for use in Colorado.

Coffman's announcement comes today, months after the state had hoped to have the results available, due to sluggish participation by the voting machine companies, many of whom delayed supplying required information, such as voting system source code, as requested by the Secretary of State's office.

All of Colorado's electronic voting systems were decertified just prior to the November 2006 election when a state judge ruled, in a lawsuit brought by state voters, that testing and certification procedures for e-voting systems in the Centennial State were inadequate, largely non-existent, and in violation of state law. As the judge's decertification order came just prior to that years' elections, the systems were allowed for use, but decertified immediately thereafter. The state was forced to begin the certification process from scratch thereafter...

--- Click here for REST OF STORY!... ---

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
NOW AVAILABLE! Video of the closing argument, exclusive to The BRAD BLOG and BlogForArizona.com
By Michael Bryan on 12/8/2007 3:35pm PT  

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ..

The final day of testimony over the Pima County Democratic Party's public records request featured the remainder of the county's witnesses for the defense, a surprise call on an adverse witness, and pugnacious closing arguments. The matter now rests with Judge Michael Miller, who says he will decide the case within the next two weeks.

To get up to speed with details on what this trial is about, please see my introductory post. If you haven't been following along, you may want to take a look at my summaries of the first day, the second day, and the third day of trial.

In brief, the Pima County (Tucson) Democratic Party is demanding Pima County release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, arguing that they are public records. The GEMS software is highly insecure, allowing anyone with access to the computer it runs on to manipulate the outcome of elections at will and likely cover their tracks. Elections are thus highly succeptable to manipulation by elections insiders, and there is no way to detect or deter them without access to the databases for forensic analysis. Pima County's position is that we should trust them to take care of that risk through internal checks and balances, and that releasing the databases simply creates more security risks by outsiders seeking to hack an election.

The county's expert witnesses were Merle "the Man from Diebold" King, and Dr. John Moffatt, a consultant for Pima County's IT strategy. Summaries of and commentaries on their testimony is available on BlogForArizona.com, along with an detailed chronicle of the entire trial.

Both experts sought to convince the judge of the many security threats posed by release of the GEMS databases, and in my view, failed to sustain that position under the cross examination of the Democrats' attorney Bill Risner. Risner poked holes in all the threat scenarios the experts presented, showing them to be impracticable, absurd, or simply undefined.

Here's Risner's closing argument:


--- Click here for REST OF STORY!... ---

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS EXCLUSIVE COURTROOM VIDEO of the Democratic Party's Attorney Presenting Case During Yesterdays Hearings...
By Michael Bryan on 12/7/2007 1:55am PT  

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...


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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS: Deposition footage of chief election programmer, Bryan Crane
By Michael Bryan on 12/5/2007 11:47pm PT  

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was a day packed with testimony Wednesday in Tucson as the plaintiffs' attorney, Bill Risner, continued to crank through his witness list. The day ended with the last witness that will be called by the Democratic Party, Bryan Crane, whom Pima County Attorneys have repeatedly labeled "much maligned," just preparing for a rehabilitating friendly cross-examination by Pima County attorneys. Crane's testimony is pivotal to the case, and will be posted in its entirety tomorrow after cross and re-direct are complete.

To get up to speed with details on what this trial about, please see my introductory post, and if you missed yesterday's action, you may want to take a look at my summary of day one. In general, the Pima County (Tucson) Democratic Party, is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election on the presumption that it should be of public record. There is a belief that the databases, if obtained by the party, may show fraud and other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections more feasible, even though those same county officials and insiders, currently have the easiest route to tampering with such elections, since they already have all the access they need to such information.

The witnesses on Wednesday included a slate of employees from the Pima County elections department. The summaries of the testimony of Isabel Araiza, Robert Evans, Chester Crowley, Romi Romero, and Mary Martinson are posted together on BlogForArizona.

These employees' testimony was sought by the plaintiffs to try to establish a pattern of negligent oversight and security procedures at the elections department, including the actions of head programmer, Bryan Crane (deposition video footage of Crane at bottom of this article), taking backups of election data home and illegally printing summaries that included current vote totals in the midst of elections and then sharing that data with persons not part of the election department.

The prime witnesses of the day, however, were Brad Nelson, the director of the elections department, Crane, the "much maligned" head programmer, and the man with responsibility for the entire bureaucracy, Chuck Huckleberry, the County Administrator...

--- Click here for REST OF STORY!... ---

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The Pima County Democratic Party sues Pima county for public records access to election databases
PLUS FLASHBACK VIDEO: Pima's Election Director, Brad Nelson, Gone Wild on Video Tape...
By Michael Bryan on 12/4/2007 8:07am PT  

Guest Blogged by Michael Bryan

I am Michael Bryan, an attorney and blogger whose home is Tucson, Arizona. Starting today and continuing through Thursday, at BlogForArizona.com (my blog) and The BRAD BLOG, I will be covering the trial of Pima County Democratic Party v. Pima County. The proceedings will be live-blogged at BlogForArizona every day, with a daily summary posted each evening of the trial here at The BRAD BLOG.

The trial concerns the Pima County Democratic Party's demand for access to public records. Specifically, they seek access to database files that contain the raw tabulator vote data from a past local bond election. They seek to establish the public's right to inspect and analyze those records to search for any irregularities or manipulation by elections department insiders. Ideally, the Democrats want the judge to declare that all such files must be given to all political parties in Pima County in all future elections, so that public scrutiny can help ensure that the vote is honestly counted.

Why the concern that public officials, whose job it is to count the vote, may be instead manipulating the vote? Because the software Pima County (and many, many other jurisdictions around the country) is using to tabulate the vote is "fundamentally flawed" as to security according to an independent audit [PDF] commissioned by the Arizona Attorney General.

The "fundamentally flawed" software is made by Diebold and is called Global Election Management Software, or GEMS. Election integrity activists and researchers have long known that vote totals can be easily manipulated by insiders with access to the computers on which GEMS runs. The software is so fundamentally insecure that vote data can be changed by simply using the common database software Microsoft Access --- and the fraud can potentially be completely untraceable. With security conditions like that, it becomes imperative that the public have oversight of that data, just as the public has (or should have) oversight over the rest of the elections process.

For more background information about the software and the issues behind the trial, please see my post, Pima County Election Integrity Blues, or my introduction to the trial, both on BlogForArizona.com.

You may also wish to see Steve Rosenfeld's excellent report yesterday at Alternet, offering more specific details on what is at stake here.

If you would like to just listen to a discussion of the issues in the trial, please take a few minutes to listen to my recent interview with Action Point host Cynthia Black on Phoenix' Air America station...


For additional context here, I'll point you to a video (at right) of one of the men at the center of this controversy, Pima County's Election Director Brad Nelson. BRAD BLOG readers may remember this remarkable video referred to as "Election Director Gone Wild" as Nelson breaks into a tirade after being questioned by Pima County Election Integrity activist, John Brakey, about the Diebold DRE voting systems that Nelson was preparing, back then, in February of 2006, to bring into the county.

Please check my blog, BlogForArizona.com, for regular updates on the trial as it unfolds, and here at The BRAD BLOG for updates at the end of the days proceedings today through Thursday. Please use the comments on either blog to ask questions or make suggestions, we'll have someone monitoring the comments during the trial and will do our best to respond.

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Voting Machine Company Allegedly Violated Law by Deploying Uncertified Touch-Screen Machines in Several CA Counties and Lying About It in Public Hearings...
By Brad Friedman on 11/19/2007 4:01pm PT  

Blogged by Brad (quickly) from the road...

California Sec. of State Debra Bowen has announced a $15 million lawsuit against voting machine company ES&S for their use of uncertified AutoMARK voting systems in the state.

The BRAD BLOG initially reported on the likelihood of such a suit, in some detail, after Bowen's initial announcement of ES&S's violations of state law last August.

“ES&S ignored the law over and over and over again, and it got caught,” said Bowen in a press release just issued this evening. “California law is very clear on this issue. I am not going to stand on the sidelines and watch a voting system vendor come into this state, ignore the laws, and make millions of dollars from California’s taxpayers in the process.”

According to the release, ES&S seems to have simply lied about their use of the uncertified voting systems in the state of California. "The Secretary of State’s office held a public hearing on the matter on October 15, 2007. At that hearing, ES&S asserted the Secretary of State was notified about changes to the AutoMARK. However, ES&S provided no evidence before, during, or after the hearing to substantiate its claim."

Such deceptive practices are not uncommon for ES&S, as well as the other major e-voting machine companies. Diebold's touch-screen voting systems were decertified in the state in 2004, after it had been found that they had similarly deployed uncertified hardware and sofware, in violation of state law, in a number of counties in the state.

The complete press release from CA Sec. of State Debra Bowen's office follows below...

--- Click here for REST OF STORY!... ---

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Federal Oversight Agency Continues Refusal to Notify Election Administrators About Known Failures in E-Voting Systems...
By Brad Friedman on 11/13/2007 11:57am PT  

By Brad Friedman from Richfield, Utah...

If there's a more ineffective federal agency than the U.S. Election Assistance Commission (EAC), we're unaware of it.

The EAC was created in 2002 by the Help America Vote Act (HAVA), in large part to oversee federal certification and maintenance of e-voting systems for the entire country. One of their key mandates was to be a "clearinghouse" for information concerning such systems. Though they have been twice reprimanded by the non-partisan Government Accountability Office (GAO) for their failure to set up such a clearinghouse of information concerning known problems with voting systems, another news report over the weekend confirms that they are more determined than ever to avoid any such responsibility.

Incredible comments given by EAC spokesperson Jeannie Layson and EAC Chairwoman Donnetta Davidson to the Daytona Beach News-Journal underscore the agency's hellbent efforts to avoid any and all responsibility for alerting election officials to known failures of electronic voting systems made by private corporations such as Diebold, ES&S, Sequoia, and others.

The BRAD BLOG has chronicled the short, but storied, history of the EAC's failures, compromised nature, and unwillingness to do their job over the years, but the latest comments --- and subsequent lack of action --- as reported yesterday by M.C. Moewe in the News-Journal are nothing short of astonishing...

--- Click here for REST OF STORY!... ---

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From DREs to the ACVR to the DOJ, The Republican Alphabet Soup Blueprint for Disenfranchisement and Miscounting in Next Year's Election Has Been a Well-Crafted and Well-Funded Work, Long in the Planning...
By Bob Fitrakis and Harvey Wasserman on 10/21/2007 5:04pm PT  

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

--- Click here for REST OF STORY!... ---

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Three Smart Editorials Today Calling the Bad Guys Out and Demanding Accountability! Finally!
UPDATED: One More Smart Editorial Today Added, Calls Tom Feeney 'Shameless'!
By Brad Friedman on 8/30/2007 9:18am PT  

Blogged by Brad from Boulder, CO...

Must get off the grid today very shortly (and will be gone until after Labor Day), so not much time for comment here. Rather, I'll give you quick pointers to three superb editorials in today's papers as the voices of the good guys return to counter the charlatans and propagandists who've been dominating the media pages for far too long.

Please read on, for some heroic cries for accountability --- finally --- from the hopelessly compromised U.S. Election Assistance Commission (EAC), Election Officials in general, and Sequoia Voting Systems in particular, all found in the op/ed pages today from Coast-to-Coast!...

--- Click here for REST OF STORY!... ---

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