A front page blockbuster set for tomorrow's New York Times reveals that one of the three approved labs which make up the so-called Independent Testing Authority (ITA) responsible for testing all electronic voting systems prior to certification has been barred from testing by the U.S. Elections Assistance Commission (EAC).

The Times reports that Ciber Inc. was barred from further testing last summer, but that the EAC failed to disclose the information to the public.

Thousands of electronic voting machines "okayed" by the Ciber labs were in use last November, despite what the Times reports as a failure by the company to follow quality-control procedures and an inability to "document that it was conducting all the required tests."

As The BRAD BLOG reported earlier today, thousands of reports of e-voting machine failures were documented across the country in a report released this week by a number of non-partisan election watchdog organizations.

Ciber is one of three companies selected and paid for by the Voting Machine Companies themselves to secretly test their electronic voting systems. The results of the testing by the ITA labs and the documented failures or successes are never released to the public.

As the Times is now reporting on their website:

While The BRAD BLOG has documented myriad failures on electronic voting machines over the last several months and years, we've also documented the dreadful failure of the EAC to perform oversight and the fact that they have been wholly compromised by partisan appointments, including their current (though outgoing) chairman Paul DiGrigorio and have withheld important reports from the public when the information revealed in them was not to the liking of the Republicans who head the committee.

As well, we ran shocking excerpts from an exclusive interview with the first head of the EAC, DeForest Soaries, detailing his unhappiness with both the White House and the Republican-led Congress to properly fund the commission formed by the Help America Vote Act (HAVA) of 2002 to oversee the certification of voting systems and other related matters. Soaries was appointed by George W. Bush and charged, in the shocking interview, that there are "no standards" for the voting equipment in use in America, that the White House and Congress misled him about the commission and "made things worse through the passage of the Help America Vote Act," and that due to underfunding and lack of attention, America now has an "inability to trust the technology that we use" in elections which he says are "ripe for stealing."

The excerpts we ran were from a network news interview with Soaries which was never aired by the network.

UPDATE: Lambert from Correntwire has some excellent details on Ciber's big money ties to the Republican party. He's critical of the Times' failure to point that out given they supplied some $72,000 to Republican candidates between 2001 and 2004. As well, he's got an excellent catch concerning the fact that Ciber's CEO dumped a bunch of stock just before year's end, leading Lambert to ask, "Insider trading, anyone?"

FURTHER UPDATE: Howard Stanislavic detailed a number of flaws discovered in Ciber's testing processes in New York last October at VoteTrustUSA.org. Needless to say, the Times gave him no credit for having beat them to a number of the items they reported in their story tonight. We feel ya, Howard.

(Hat-tip RAW STORY who had the early scoop on the Times story.)

A report [PDF] prepared by civic watchdog groups VotersUnite.org, VoteTrustUSA and Voter Action found the 2006 mid-term elections were marred by persistent and widespread voting machine malfunctions. In preparing the report “E-Voting Failures in the 2006 Mid-Term Elections,” the groups examined data collected from the Election Protection Coalition hotline (1-866 OUR VOTE) and the Voter Action hotline, reports submitted from Election Day pollworkers through the Pollworkers for Democracy project and local and national news accounts collected by VotersUnite.Org.

In all, 1022 accounts of machine related problems from more than 300 counties in 36 states were examined and categorized. The report summarizes and provides contextual and comparative analysis of the difficulties caused by each type of equipment problem, such as machine malfunctions that impeded polls from opening, machine failures at poll closing and vote tabulation, and votes lost or changed on the voting machine screen. It also includes first hand accounts from voters and pollworkers describing the machine difficulties they encountered on Election Day and how the machines hampered the voting process.

The report recounts incidents of voters leaving without casting a vote because the machines would not start or broke down during Election Day. Machines often failed to record the voter’s correct choice on the ballot or summary screen and caused voters to question if their vote was recorded. Several pollworker accounts described problems closing the machines, retrieving vote totals from the computerized systems, and aggregating the totals with software, sometimes counting votes multiple times or failing to count them at all. The report suggests that in some cases votes were lost.

Republican U.S. Congressman Tom Feeney of Florida's 24th District has been ordered today by the House Ethics Committee to pay $5,643 for the cost of a "recreational" golf trip to St. Andrews, Scotland, which he had taken with the now-disgraced lobbyist Jack Abramoff in 2003. The bill had been previously paid for by Abramoff, the committee has found.

The slap on the wrist issued today by the U.S. House Ethics Committee on the last day before the change-over to the new Congress was announced in a terse, one paragraph, bare-bones statement posted to the committee's website. AP reported the matter here. Outgoing defeated Congressman Curt Weldon (R-PA) was also found in violation of House rules and has agree to pay back more than $23,000 in inappropriate gifts.

The findings from the Ethics Committee, however, may be just the tip of the iceberg for Feeney as there continues to be a number of other allegations and claims of misconduct, both new and old, which still hang precariously over the Congressman's head.

The claimed cost of Feeney's Scotland trip, $5,643, was apparently supplied to the committee by the Congressman himself in March of 2005 after the many tentacles of the Abramoff corruption scandal were beginning to reveal themselves. Only after the trip had been reported by the media did Feeney take the matter to the Ethics Commission.

Feeney, who has been named for the second year running as one of the "Most Corrupt Members of Congress" by the non-partisan ethics watchdog group the Committee for Responsibility and Ethics in Washington (CREW), had previously claimed that the trip, and several others, were pre-approved by the House Ethics Committee. As well, he had also originally claimed on his disclosure forms for the Scotland trip that it had been paid for by the National Center for Public Policy. The center has denied paying for the trip and Feeney has supplied no evidence that we're aware of that the Ethics Committee had pre-approved his vacation with Abramoff or any of the others.

In a statement released this afternoon, the National Center for Public Policy Research reiterated their denial of having had anything to do with Feeney's travels, despite continue statements from Feeney's office suggesting that they did. "The National Center for Public Policy Research played no role in this trip," the statement reads, "and only learned of its existence from media inquiries two years after it was taken."

No action has yet been taken on the other questionable vacations, one to Korea which was sponsored by he Korea-U.S. Exchange Council (KORUSEC), a registered foreign agent, and another to West Palm Beach, Florida, which Feeney had listed as having been paid for by a lobbying firm, which would also be a violation of House rules.

According to the Orlando Sentinel today, Feeney’s Chief of Staff Jason Roe --- who has had his own conduct questioned --- said of Feeney: "He’s personally and professionally embarrassed and considering it an expensive lesson."

The "lesson" however, was not all that "expensive" by Congressional standards, and certainly not if the $1.3 million that Feeney raised, mostly from corporate PACs, to spend on his recent campaign might be any indication of the funds that the once-exceedingly powerful Florida Republican has quick and easy access to.

"It's like he robbed a bank and was just asked to give back the money," said Naomi Seligman Steiner of CREW in deriding the light treatment given to Feeney by the commission.

The other two congressmen who had gone on junkets to St. Andrews with Abramoff, Tom Delay (R-TX) and Bob Ney (R-OH), have since resigned in the wake of criminal charges and guilty pleas. The cost for former Republican Majority Leader Delay's trip to Scotland with Abramoff was estimated to have been between $70,000 and $100,000. Feeney is the only Congress member of the three still serving in the U.S. House.

He was recently declared the winner by the state of Florida in the U.S. House race for 24th congressional district where Feeney ran one of the dirtiest --- and most expensive --- U.S. House campaigns in the nation against Clint Curtis, a computer programmer turned whistleblower. In early December of 2004, The BRAD BLOG broke the news of Curtis's affidavit alleging that Feeney was involved in a conspiracy to create electronic vote-rigging software when both men worked for the same Oviedo, Florida, software firm, Yang Enterprises, Inc. (YEI), in 2000. At the time, Feeney was employed as YEI's general counsel and registered lobbyist, even while he served as the powerful speaker of Florida's House of Representatives.

Curtis also charged at the time that Feeney had helped cover up a number of other legal violations by the company, including the employment of illegal aliens at YEI who he claimed had had been spying for Communist China. Curtis also alleged YEI was over-billing on state contracts and had been inserting illegal wiretapping modules into software the firm had been contracted to write for NASA and the Florida Dept. of Transportation (FDOT). In the ensuing years, one of YEI's employees, Hai Lin "Henry" Nee, the man Curtis accused of writing the wiretapping modules, pled guilty after being arrested by Federal Authorities in a four year sting in which he admitted sending computer chips used in Hellfire anti-tank missile guidance systems to Communist China. As well, a report issued by the State of Florida's Inspector General's office found that YEI had, in fact, over-billed the state of Florida on contracts and that Nee had indeed been an illegal alien.

Feeney, a good friend of Dr. and Mrs. Yang, the owners of YEI --- who have given thousands of dollars in campaign support to the disgraced congressman over the years --- still keeps his main campaign headquarters in the YEI office building in Oviedo, Florida, to this day. Feeney had previously been caught lying about his association with the Yangs.

Feeney's troubles, however, are likely far from over. As a member of the Republican Leadership in the 109th Congress --- he was a deputy whip --- Feeney has yet to detail what he knew about his Florida colleague Rep. Mark Foley's sexual transgressions with minors. After reports had surfaced that the Leadership had been made aware of the concerns about Foley many years ago, Curtis issued a press release during the campaign calling on Feeney to come clean on what he knew about Foley, when he knew it, and what he did about it. Feeney has stayed mum to this day, refusing to give details about his knowledge in the matter.

Feeney, who has claimed Curtis is both "crazy" and "a liar" has refused to take a polygraph test despite having been challenged publicly by Curtis, and others, to do so. For his part, Curtis successfully passed a lie detector test concerning his charges against Feeney and YEI back in early 2005.

Additionally, Curtis has since filed a challenge in Congress to the election of Feeney, claiming a number of irregularities found in the Diebold electronic voting systems used across several counties in Florida's 24th district. Yesterday, the National Election Data Archive issued an analysis [PDF] of precinct data for the election detailing a number of inexplicable discrepancies in the results as reported by the state of Florida. The non-partisan Election Integrity organization has announced that the discrepancies in the numbers are "consistent with a pattern that would be caused by voter disenfranchisement, vote fraud, or innocent miscount."

When the Congressional challenge was filed in the race between Christine Jennings (D) and Vern Buchanan (R) in the FL-13 race --- where the votes of some 18,000 Florida voters failed to register on ES&S touch-screen voting machines in Sarasota, with a reported margin of just 369 votes between the two candidates --- Feeney declared the Constitutional challenge to be "total political dictatorship." His statement was made to the media, however, before it was publicly known that Feeney's election would as well be challenged in the same Congress under the same Federal Contested Elections Act.

Curtis's challenge, and several others originating in the state of Florida, will reportedly be championed in the House by Congressman Rush Holt (D-NJ), who has long been an advocate for election reform in the U.S. House. We hope to have more details here at The BRAD BLOG on the Curtis challenge, and other related matters, shortly. Stay tuned...

We hinted at this last week when Florida's corrupt Rep. Tom Feeney (R-Abramoff) expressed his obnoxious indignation over the democratic (small "d") Congressional election challenge filed by Christine Jennings (D) against Vern Buchanan (R) in the FL-13 U.S. House race. This is the contest in which the perpetually election-challenged state of Florida certified Buchanan as the winner by 369 votes, even though some 18,000 votes seem to have disappeared altogether on Sarasota County's paperless ES&S touch-screen voting machines.

The challenge brought Feeney slithering out from under his rock to charge that Jennings' Constitutional request that Congress not seat Buchanan --- who appears to have "won" only due to failures in Sarasota's voting equipment (which even ES&S's own "expert witness" admitted on the witness stand during a hearing on the election contests filed by both Jennings and voters in Florida) --- amounted to "total political dictatorship."

At least that's what Feeney told the Orlando Sentinel at the time.

What he doesn't seem to have told them is that he too is the object of a similar Constitutional challenge in Congress by his own opponent, Clint Curtis, in the race for U.S. House in Florida's 24th district.

Curtis, who originally exposed Feeney's alleged attempt to create touch-screen vote-rigging software back in 2000 (a story broken by The BRAD BLOG in 2004 and followed in detail ever since), campaigned to unseat Feeney this year for the first time, but was declared the loser. Curtis disagrees.

Warren Stewart at VoteTrustUSA covered both the Curtis and Jennings challenges on the Thursday before XMas weekend, along with a posting of the complaints filed by both candidates (Curtis' complaint here, Jennings's complaint here, both in WORD format) as filed in Congress. We've yet to review either complaint or discuss them with either candidate personally, so we'll refer to Stewart's coverage and the actual complaints for the moment and let you people do some work for a change.

The Orlando Sentinel, however, picked up on the story of Curtis's challenge on Xmas Eve in a brief post in their "This Just In" section. Here's the full item...

Stay tuned, indeed...The saga continues...

Guest Blogged by Alan Breslauer

Christine Jennings and her lawyer, Kendall Coffey, appeared Wednesday on Lou Dobbs Tonight with guest host Kitty Pilgrim to discuss the latest news concerning Florida's 13th Congressional District. As BRAD BLOG has reported often (most recently here, here and here), Vern Buchanan was declared the winner in Florida's 13th after the disappearance of 18,000 votes left the Republican with a paltry 369 vote lead over his opponent Jennings. Subsequently, a handful of experts including one provided by e-voting manufacturer ES&S, concluded that the inclusion of the missing votes would have propelled Jennings to an easy victory based on an analysis of the Sarasota votes which did not spontaneously combust.

Unfortunately, the will of the people is a foreign concept among those controlling the Florida election apparatus which declared Buchanan the winner after recounting nothing a couple of times. With no paper trail (much less a paper BALLOT, and there is a big difference!), a "recount" merely refers to state election staffers testing whether a few selected machines are working properly and is entirely unrelated to the vote count. By certifying Buchanan the winner, the state forced Jennings to seek relief in the Florida courts.

This did not sit well with Sean Hannity who, with Buchanan on as a guest a few weeks ago, found the entire affair "unbelievable" and further evidence that Democrats are sore losers. Juxtaposing the Hannity clip as well as Tom Feeney's reaction to the election controversy, recounted by Brad here, to Jennings appearance on CNN (clip above right), makes for quite an interesting experiment. While hardly evidence that could be used in a court of law like the damning statistical evidence, the contrast is, nevertheless, telling.

An instructional web page, explaining the ES&S touch-screen electronic voting machines in use during Florida's disputed FL-13 U.S. House Election gives faulty information to voters about the way the county's paperless voting systems works, The BRAD BLOG has learned.

The information offered on the county's election website, concerning the crucial process during which voters might choose to adjust any "undervotes" found on their electronic "ballots" at the end of the voting process, is misleading and incorrect. According to several sources, the systems in use during the contested November 7th U.S. House race between Vern Buchanan (R) and Christine Jennings (D) did not operate as advertised by the Sarasota County website.

The county web page in question is described as "a technical look at how the ES&S iVotronic touch screen system works." Yet, Sarasota's ES&S iVotronic systems, apparently, didn't work as described on the site.

The "VOTE button" on the iVotronic, as explained by the text on the website, will cast the vote only after the summary page is given to the voters, allowing them to explicitly approve or disapprove of any undervotes found on their "ballots."

"The iVotronic will review the ballot for any races for which the voter did not cast a vote (undervote), and asks if this is the intent of the voter," according to the webpage. The voter is then said to receive a YES or NO option to confirm their intention of undervoting in the particular race(s).

(The webpage is here. Click the #5 option to see how the "VOTE button" on the system is supposed to work. A screenshot of the page follows at the end of this article.)

Lowell Finley, however, an attorney for VoterAction.org --- one of several non-partisan organizations leading a voter lawsuit demanding a revote in the election --- tells The BRAD BLOG that "the statement on the Sarasota website is false" and that voters were not given such an option on November 7th.

We also inquired about the matter on Friday afternoon with the office of "the Honorable" Kathy Dent, Sarasota County's Supervisor of Elections...

A li'l bit of Sunday morning radio. Me with the always delightful Christine Craft of Sacramento's 1240am Talk City sitting in over at San Francisco's (and Oakland's and San Jose's and elsewhere's) big old KGO 810am. Talking Election Integrity with a loads of good callers incoming. Unfortunately, none of them called me a whacko, tinfoil hat-wearing conspiracy theorist no matter how hard I tried. Funny, but where I almost always used to get such callers, we don't seem to hear from them much (if ever) anymore. Go figure.

The appearance is just 34 minutes --- after I removed the commercials from the hour long segment --- of Sunday morning Braditude for your listening pleasure...

-- Brad with Christine Craft on KGO, 12/10/06 [MP3]

From Tribune Media Services' Robert Koehler, in his latest column, "Electronic Treason"...

We feel ya, Bob. And thanks for being there where few dared to go back in those dark days of mid-2005.

Read the rest at Koehler's own site or at Huff Po.

ED NOTE: See our own thoughts on the "Constitutional Option" of a Congressional challenge in the Jennings/Buchanan FL-13 race, and how this version differs from the same law (mis)applied in last Summer's Busby/Bilbray Special U.S. House election in CA-50 as posted yesterday.

From today's St. Petersburg Times...

In a side note, Rep. Tom Feeney (R-Abramoff), a man who knows a thing or two about both bad elections and bullying people to get his way, is quoted in the story as well:

Feeney, aside from allegedly asking computer programmer turned whistleblower Clint Curtis to create vote-rigging software back in 2000 (which is notorious enough), notoriously also announced, back in 2000 as Speaker of the Florida House, that he would take it upon himself to ensure that Florida's Electors went to George W. Bush no matter what the United States Supreme Court would ultimately decide during the 2000 imbroglio.

Feeney is a bully of the highest reknown. With a fresh election "victory" under his belt (albeit one which his challenger, the whistleblower-turned-candidate Curtis, has questioned) watch for him to crank up his bully-boy-ness as things move forward in this and other related affairs in the new Congress. Watch for The BRAD BLOG to keep calling him on it.

Riverside County, California, Supervisor Jeff Stone laid down the gauntlet to Election Integrity advocates at a public meeting on Tuesday, offering to bet them "a thousand to one" they can't hack into the county's electronic voting machines made by Sequoia Voting Systems.

Near the end of a contentious meeting of the Board of Supervisors, in which the county's five person board accepted the final canvass of results from the November 7th election from Riverside County Registrar Barbara Dunmore, Stone made his challenge to one of a number of activists from the SAVE R VOTE election watchdog coalition. The advocates were on hand to give testimony about problems they witnessed during the recent election, to present their own report to the board (PDFs: Report, Photos#1, Photos#2), and ask that at least one of their members be appointed to a "Blue Ribbon Commission" being convened by the county to investigate problems during the election.

In the videotaped exchange with Stone, Maxine Ewig, a co-founder of Democracy for America - Temecula Valley and a SAVE R VOTE member, tells the county supervisors that she was informed by a programmer that they "had not seen any machine or program that could not be manipulated."

In response, Stone interrupted Ewig's testimony to offer his challenge.

"I'd like to challenge that programmer," Stone says in the video clip (complete transcript of the exchange at the bottom of this article), "and I'd like to set up an appointment with one of our machines and I'd like him or her to verify that they can manipulate that machine. And I'm gonna bet a thousand to one that they cannot do it...I'll make that challenge."

Stone's stunning challenge continued with an invitation to the media --- reporters from several local papers were on hand --- to witness the attempted voting machine manipulation.

"I'm challenging you to challenge her or him and I...I believe we can make that happen," he said. "And maybe we should bring the media in and let's see if your programmer can manipulate that machine. My guess is that it is not gonna happen, but I'm willing to take a chance on that."

How far Stone may be "willing to take" that "chance" remains to be seen. In the wake of the news, which was reported today briefly by both the Desert Sun and the Press Enterprise, several national Election Integrity advocates have informed The BRAD BLOG that they would be willing to put some money on the line towards accepting Stone's challenge. We hope to have more details on that as the matter develops.

Riverside is the first county in the nation to use touch-screen voting systems. Local Election Integrity advocates have, for some time, been waging a fight for more transparency, security, and accountability from the county and, specifically, the county's Registrar of Voters Barbara Dunmore.

SAVE R VOTE member Tom Courbat was on hand for the proceedings. Courbat is one of the activists who, as The BRAD BLOG broke in the days just prior to the November 7th election, helped reveal the "Yellow Button" on the back of Sequoia touch-screen machines which could allow a voter to cast as many votes as they wish on those systems.

He complained during his testimony to the board about the planned make up of the county's "Blue Ribbon Commission." The county is convening the panel to investigate several failures during the recent Election and the "operational problems of the registrar of voters office," as Courbat told us tonight.

Courbat suggested to the board that they appoint at least one citizen Election Integrity advocate to the panel after, earlier in the meeting, a board member had responded to critics by saying they didn't want to include anybody who was predisposed against electronic voting systems.

Courbat countered by suggesting that a mix of those both in favor and against such systems would be a healthy idea for the commission. The board seemed less than moved by the idea, and Ewig then proceeded by opening her own testimony informing the board that members of SAVE R VOTE had not come to this cause originally against electronic voting. Rather, she explained, their current position was based on "their own study over the past two years."

It was then that Stone answered with his challenge. The exchange is available on the county's website via online video here (Scroll to the 2:10:00 mark for the beginning of the exchange. NOTE: This video link may only work in Internet Explorer w/ Media Windows Player. Another video of the same event, from a different camera angle --- with some priceless expressions from at least one of the Supervisors --- is now posted below in Streaming Flash.)

-- Streaming Flash Version...

It is unclear whether or not Stone is aware of either Sequoia's "Yellow Button" issue or, as we reported earlier this year, that Dr. Michael Shamos of Carnegie Mellon University accidentally hacked into a Sequoia system while demonstrating how such systems couldn't be hacked.

Shamos, a supporter of electronic voting systems, was testing Sequoia's voting machines for the commonwealth of Pennsylvania when he was able "in an instant," as it was reported last March, "to transform a handful of votes into thousands."

We'll hope Supervisor Stone has some deep pockets, as he may have to come up with quite a few dollars to back up his "thousand to one" challenge.

A complete text transcript of the short exchange between Supervisor Jeff Stone and Maxine Ewig follows in full...

It's a lovely change of pace when some of the other "big boy bloggers" beat me to the punch on Election Integrity-related stories. Perhaps I can start sleeping in for a while. I could use it.
That said, TPMMuckraker gives us a fine update on the FL-13 sitch, and Sean Hannity's virtuoso performance in what is likely his most disingenuous performance to date last night on Hannity & Colmes, where Republican Vern Buchanan spouted off with neither a Democratic nor a non-partisan Election Integrity advocate to counter his nonsense.

In addition to TPMM's points, it should also be pointed out that Hannity stated incorrectly --- twice --- that Sarasota is the strongest Republican stronghold in the contest. That, despite, his later admission that the Democratic Christine Jennings won the area by 7%.

As well, Hannity (again unchecked) is allowed to rant about how Republicans don't challenge elections when they lose, they accept defeat gracefully. Guess Sean doesn't read The BRAD BLOG and thus doesn't know about the Conservative TX Supreme Court Justice Steven Smith, or the mess in Maricopa County, AZ, still percolating from back in 2004, or the fact that Rick Santorum and the PA Republican party demanded that touch-screen systems where votes reportedly flipped be impounded in 27 counties on Election Day, just to name a few instances.

But we'd expect nothing less from water boy Hannity.

Most of note in the video, perhaps, is Buchanan's un-checked (and by now, expected) outrageous claim that Jennings is "destroying democracy" by calling for a revote. A funny turn of phrase from a guy who is doing everything he can to ensure that the rather clear voices of the voters are ignored in favor of a 369 vote "victory" gained only due to faulty, paperless touch-screen voting machines.

Even Buchanan is unable, in the clip, to explain why 18,000 votes in Jennings's strongest county simply disappeared. Of course, he'd have to admit he lost if forced to come up with an answer to that mystery. So he avoids the question twice by explaining only that "there's a lot of speculation out there you can read."

Got nothing, Vern? But don't give a damn anyway? We thought so. Now that's what we call "destroying democracy"!

In other FL-13 coverage around the 'sphere, both the Sarasota Herald-Tribune and a group of political scientists [PDF] are averring that it was bad ballot design which caused the problem (The BRAD BLOG earlier posted a photo of the way in which the race was displayed on the touch-screen systems, such that it would have been very easy for voters not to see the race at all on Sarasota's ES&S touch-screen machines.)

The "bad ballot design" explanation, however --- that voters didn't notice the race --- fails to account for all of the affidavits from voters claiming they tried and tried to vote in the race, but couldn't get their vote to register properly for Jennings, as one of the attorneys representing the voter lawsuit calling for a revote recently told us.

Finally, DailyKos (of all places) has some decent front page coverage of the rather conservative (we've found) Election Law professor Rick Hasen's explanation [PDF] of the Constitutional card that can be played by the U.S. House to settle the matter. At this point, it's looking more and more like that will be the way this thing is ultimately settled...

Need any more proof that the U.S. Elections Assistance Commission (EAC) which was formed by the Help America Vote Act (HAVA) is hopelessly compromised and utterly ineffective beyond repair?

Here's the agenda [PDF] for their Dec. 7th "Public Meeting." On Panel 2 for the "Assessing the 2006 Election" is, of course, the wholly discredited, democracy-loathing, high-level GOP operative scam artist and Bush/Cheney '04 national counsel, Mark F. "Thor" Hearne. Again.

Apparently he has a bought and paid for permanent seat at the table, next to his St. Louis colleague and partner in Anti-Americanism, the outgoing EAC chair Paul DeGregorio.

You'll note Hearne no longer even bills himself as being the founder of the phony, self-declared "non-partisan" "American Center for Voting Rights" (ACVR) anymore since his GOP front group astroturf organization --- created solely to deflect from real Election Fraud concerns and push a contrived "epidemic" of Voter Fraud on an unsuspecting public so as to establish disenfranchising Photo ID restrictions at polls across the country --- has been so thoroughly discredited. (You're welcome.)

As I frequently say, this democracy ain't gonna save itself. Particularly with cretins such as "Thor" doing all they can to game your American democracy for their own contemptible partisan interests.

People for the American Way (PFAW) just released the following update on the latest goings on in the FL-13 battle where their lawsuit (filed along with several Election Integrity organizations) has now been joined by the court with Democratic candidate Christine Jennings's own suit. Both are calling for a revote.

The press release (posted in full below) says that the state-run audit testing of a few of the machines in use on Election Day is an "excercise in futility" due to the small sampling size of the tests and the fact that the commission chosen to carry it out has reasons to ensure that nothing is actually found to be "wrong" with the paperless ES&S voting machines on which some 18,000 votes disappeared in the U.S. House race down there.

By the way, I recently spoke with Lowell Finley, the lead attorney from VoterAction.org, one of the groups filing the lawsuit on behalf of voters down there. He confirmed that the machines being used for today's testing --- two chosen by Buchanan, two by Jennings (from precincts with the highest undervote rate) --- will essentially be compromised by today's state-run audit testing. Though Finley and the others tried to make that point to the judge assigned to the matter, that testing these machines in this way would corrupt the original data, the court decided to allow the state to use them in this way nonetheless.

PFAW's news release, issued moments ago, also gives details and a link for more info concerning this Sunday's planned "Revote Rally" in Sarasota, as well as a link to video testimony from more than 50 voters who had trouble voting in the Jennings/Buchanan race on November 7th.

The PFAW press release follows in full below...

I appeared on the "Week in Review" program, hosted by Bob Jimenez, a week or two ago out here in Los Angeles to discuss fallout from the 2006 Election Meltdown. The show was taped on November 17th and aired the following week. Thanks to Alan Breslauer, the video is now finally available below here at The BRAD BLOG.

Discussion included problems in California from Riverside to Monterey, Sequoia's yellow button, Diebold's sleepovers in San Diego, lack of paper ballots and voters turned away without being allowed to vote by the thousands around the country, Sarasota's mess, the failures of Bruce McPherson, Michael Haas, and other lousy elections officials, the need for reform, the mainstream corporate media's dismal failure, and more.

It's about 15 minutes of mind-blowing information, crackling wit, rapier-like rejoinders to the skeptics on the 5-person panel program, and generally brilliant repartee from yours truly...Well, it's about 15 minutes anyway.

On a side note, the show airs on the Time-Warner Channel out here since they swallowed up Adelphia over the summer. Though the public-affairs program has been running for nearly 20 years in LA, it looks like T-W is about to stop airing it all together. A great pity, that. Yet another casualty of unchecked mass media consolidation.

-- Streaming Flash version...

Yesterday Sarasota County, FL, began their state-run test audits of the paperless ES&S touch-screen systems used in Florida's 13th District House race where 18,000 votes disappeared, resulting in a 369 vote margin between Christine Jennings (D) and Vern Buchanan (R) to fill the seat vacated by former Secretary of State of Katherine Harris.

The first day of testing revealed miscounting errors on all four of the machines used during the test, according to the Sarasota Herald-Tribune and at least two citizen observers who blogged their account of the day's testing.

State officials who convened the panel blamed the miscounting on...wait for it...human error!

Of course they did. The panel itself has already been plagued with controversy after Election Integrity organizations criticized the selection of several members assigned to the commission, including the very partisan Alec Yasinsac, who appeared on the steps of Florida Supreme Court in 2000 wearing a "Bush Won" button, and David Drury, the state official who certified these particular systems in the first place for the state of Florida, declaring them safe and accurate for use in an election.

The first day of testing employed machines that were not actually used in the November 7th election (Friday's testing will include machines actually used that day) and were not performed under normal voting conditions (e.g., the machines were hung from the wall, instead of placed on stands to approximate the height they would be for most voters --- important, since these machines tend to register votes differently for tall voters than they do for other voters.)

Nonetheless, errors in the counting were registered by all of the machines used in testing. The results differed from the votes in "scripted" ballots that state testers had punched into them. Ironically, the errors ended up giving Jennings a higher vote total than she should have had according to the prepared voting scripts.

The Herald-Trib --- who, by the way, has reinstated its FL-13 Special Coverage page since we pointed out its removal a few days ago --- is reporting today that, "All four voting machines that officials used to simulate the Nov. 7 election had miscounts, and three of them had miscounts in the District 13 race."

A diarist over at DailyKos who has been on-site, covering the day-by-day details of the goings-on --- and who has a user name we well approve of --- "BeTheMedia" describes yesterday's results this way:

And, of course, it is interesting to see how the State explained the shift, though their explanation is no longer much of a suprise...