-- By Brad Friedman and John Gideon

New Jersey's Department of State, which at the beginning of this month took over all state-wide election duties from the state Attorney General's office, may be celebrating its new duties by sipping down a few glasses of Sequoia Voting Systems-flavored kool-aid in regards to the continuing saga of the Sequoia AVC Advantage touch-screen voting systems which failed during, and after, the state's Super Tuesday primary.

In a press release issued late last week --- which Sequoia was all too happy to selectively feature on its website --- the NJ Dept. of State made a couple of curious, and indeed misleading, announcements. Among them:

That, despite the finding of a NJ judge last Tuesday declaring that failed voting machines in some six different counties were to be subpoenaed by plaintiffs and subjected to mandatory independent review in order to determine the reason why at least sixty machines reported voter totals on their end-of-day paper tapes which disagreed with the internal numbers reported by the machines.

After the judge's order last week, Sequoia quickly moved to try and quash the subpeonas [PDF, 82 pages], despite the fact that they are not actually a party to the long-running court battle between the state of NJ and citizen plaintiffs suing them in hopes of getting rid of the touch-screen systems altogether (or, in lieu of that, have paper-trail printers added to them).

As Pennsylvania prepares to use the very same flawed Sequoia AVC Advantage voting machines in next week's crucial primary, we've tried to sort out what is --- and isn't --- going on in this New Jersey mess. We've also tried to determine who is reading the disputed paper tapes correctly, since a Princeton scientist seems to read them one way, while the SoS office and two of the NJ counties (which had originally read them as the Princeton Prof did) have suddenly decided to read them another way.

What we can tell you indisputably, however, is that if it's debatable as to what those paper tapes actually say, then those voting systems are in violation of the federal law which mandates "a permanent paper record with a manual audit capacity" that "shall be available as an official record." If there's a question about what the "paper record" from each machine actually says, than it certainly can't be used as an "official record" for auditing purposes.

To sort out the mess, we've touched base with the plaintiff's attorney in the case, as well as with the NJ SoS. Sequoia's spokesperson, VP and part-owner (for the moment) Michelle Shafer, on the other hand, doesn't seem to want to talk to us anymore for some reason...

Wow...We're blown away by this article in today's Beacon News. [Article now hidden behind paid archives, here's a local repost.] It begins this way:

We're greatly appreciative of Campana's coverage. Not only because he's very kind to us, but because --- as a total of four of his stories filed over the last two days reveal --- he has actually done what so few corporate journalists seem able to do today: Actual journalism.

Before we saw the piece mentioned above today, we had kind words about his coverage yesterday of the wholly under-reported Hart InterCivic federal fraud suit. But beyond that detailed piece, his follow-up story today and "related coverage" offered on both days has been top-notch. Here are links to each of his stories today and yesterday...

Sunday:
• Did your vote count?:
  Unsealed federal lawsuit reignites eSlate debate
• Election reform proposal stalled

Monday:
• Silent fight over voting machines:
  Technician says lawsuit followed years of trying to get word out
• The little blog that did:
  For four years, Bradblog.com has reported on voting machine problems
  [Above article now behind paid archives. Local copy here.]

That, ladies and gentlemen, is what journalism is supposed to look like. And yes, if we had a few more hundred (we'd settle for a few more dozen) like Campana, we'd be more than thrilled to go back to what we were doing prior to falling into this remarkable American Nightmare. We look forward to the day we can take down our shingle entirely and leave all of the heavy lifting to folks like him who actually get paid to do this stuff.

(But until then, whatever support you can afford to help keep us going is appreciated...You are all we've actually got. So, please see below, and please keep spreading the word.)

In Aurora, Illinois, today, Beacon News' Dan Campana files a very good report on the federal fraud suit filed against Austin, Texas, based voting machine company Hart InterCivic. The suit, alleging dozens of false claims and fraudulent activities by Hart in order to receive federal Help America Vote Act (HAVA) money, was filed originally by former employee turned whistleblower William Singer back in 2006, but did not become unsealed until March 27th, when The BRAD BLOG covered it, along with posting the full stunning complaint [PDF].

Beacon News is based in Kane County, IL, which uses the faulty Hart voting systems in question.

Campana's report today --- which quotes yours truly in a number of places --- is the only corporate media coverage of the lawsuit in the nearly three weeks since the case was finally unsealed. Until now, there's been the fairly extensive coverage found on this blog, an item on the same day the case was unsealed filed by Kim Zetter at WIRED's "Threat Level" blog (which we replied to here), and a very short squib from AP on the same day, which, according to a quick Google News search, was carried by only a single news outlet, CBS 4 in Denver.

(For the record, our extensively detailed and sourced report on Hart's attempted takeover of Sequoia late last week has been picked up by nobody, other than ComputerWorld where we, ourselves, filed a short summary report. That, despite officials from both Hart and Sequoia having confirmed the accuracy of our report, and the fact that Hart, which controls some 8% of the voting market in this country, is about to swallow up Sequoia Voting Systems, which controls 20% of it, to become the nation's second largest e-voting machine vendor. We'll know by Tuesday at the latest, most likely, if Sequoia was able to save itself from Hart's hostile takeover.)

So with a dearth of coverage anywhere but here, we can heartily recommend Campana's report on Singer's suit. His article includes comments from us (as mentioned), one of Singer's attorneys, Hart spokesperson Peter Lichtenheld (who shamelessly plays the tired old "conspiracy theory" card), some Election Integrity advocates from the non-partisan Illinois Ballot Integrity Project, and some state and local Kane County election officials who have deluded themselves into believing their Hart machines are safe for use in American democracy.

When Campana interviewed us for his story, we suggested he ask any of the election officials he planned to interview for a single piece of evidence to prove that any single vote, ever cast during an election on a Hart DRE (Direct Recording Electronic) voting machine in the county, has ever been recorded accurately, as intended by a voter.

Though Campana references our challenge in his report ("Friedman contends no government officials can prove the votes cast on electronic machines can be accurately linked to tallies",) he doesn't quote any of the officials as being able to offer such evidence. Little surprise, because they can't produce such evidence. It's strictly impossible. Yet they continue to use these machines anyway.

But he does manage to get a few amusing and wholly unsupportable statements from some of those deluded officials. We're delighted to spend our Sunday dismantling them --- both the statements, and the officials...

A bunch of world-class computer scientists testified publicly this week that "U.S. Presidential Election Can Be Hacked".

As stunning as that sounds, there's nothing new here necessarily to readers of The BRAD BLOG, other than the fact that outlets like the IDG News Service and PCWorld are reporting it --- out loud --- and that the computer scientist community, specifically those who have been studying these systems, are now out and out saying it --- in public...and out loud.

"The three systems we looked at are three of the most widely used around the nation," warned professor David Wagner of the University of California, "They're going to be using them in the 2008 elections; they're still going to have the same vulnerabilities we found."

Wagner was speaking about e-voting system made by Diebold, Sequoia Voting Systems and Hart InterCivic which he examined during CA Sec. of State Debra Bowen's independent "Top to Bottom" review last year. He "and his team found that they could introduce a computer virus to any of the three systems, which would then spread throughout the county and ultimately skew the vote count," the IDG News Service reports.

While our readers may be familiar with the above, our friend "DHinMI" and his fellow misinformed DailyKos front pagers may want to give this short article a quick look sometime soon. Particularly the part about paper ballots, and that simply having them is not enough...if nobody bothers to actually count them.

Here's the key grafs from the article...Along with a special clip for the dangerously misinformed/misleading dKos boys and girls...

Still paging Dan Abrams...

The following email comes from Mark Crispin Miller, NYU media professor, and author of the landmark election integrity book, FOOLED AGAIN.

It includes an email exchange from yesterday with the finally-free-on-bond former Democratic Governor of Alabama Don Siegelman, concerning his allegations that his 2002 election was electronically flipped. (A rarely seen video interview, featuring Siegelman in 2004 discussing details of what he believes happened, is at posted at end of this article.)

Air America has lost one of their most popular personalities to one of their progressive radio competitors. The BRAD BLOG can confirm that Air America radio host, Randi Rhodes, who had quit the troubled network officially earlier today, will now join Nova M Radio beginning next Monday in the same afternoon drive-time slot she occupied formerly.

Nova M Radio founder Sheldon Drobny, one of the original founders of the beleaguered Air America, has confirmed that Rhodes will join his network, founded after Mike Malloy was released from his AAR contract several years ago. Malloy who is heard on Nova M weekdays from 6p-9p ET, will follow Rhodes beginning next week.

An announcement now posted on the front page of the Nova M website, quotes Nova M CEO John Manzo as thrilled about their new acquisition. "I just can't stop smiling," he says.

Rhodes, a former colleague of Manzo's at Air America says she equally delighted. "I'm home, I'm home, I'm home!," declares one of the nation's most popular Progressive talkers.

Rhodes was recently suspended by Air America after describing Hillary Clinton as a "fucking whore," during an off-air stand-up routine, in an appearance in San Francisco sponsored by local Progressive radio station Green960. "The Randi Rhodes" show will air live on Nova M weekdays beginning Monday, from 3p-6p ET. She will also be a guest tonight on Larry King Live on CNN.

-- Brad Friedman

As if Sequoia Voting Systems doesn't have enough trouble already, the company now needs some $2 million dollars in cash...quickly. Without it, it is likely to be subsumed by one of its nearest competitors, Hart InterCivic of Austin, TX, as soon as next Tuesday, The BRAD BLOG has learned.

In what could well be a major shift on the American election industry landscape --- and certainly on elections themselves in dozens of states across the country --- voting machine company Hart InterCivic informed the current owners of the beleaguered Sequoia of their intention to acquire ownership of the company in a move which could take effect as early as next week.

The attempted hostile takeover --- which, we've learned, has been quietly in the works behind the scenes since mid-February --- has set off a building panic among the senior management and owners at Sequoia, whose money woes had already led them to schedule a shut-down of their Oakland headquarters. That shop is to close within a matter of months, as the operations for the company are to be consolidated at its Denver offices.

The takeover by Hart is made possible in the wake of a deal made by Sequoia's current owners, SVS Holdings, Inc., with its former owners, the off-shore consortium Smartmatic. Smartmatic was forced to give up control of the company after the media and Congress noticed in 2006 that the company had ties to Venezuela's Hugo Chavez. The officers and owners of SVS are comprised largely of previous Sequoia officials who took over the company after Smartmatic's failed attempt to find an outside buyer in 2006. The deal resulted in an agreement between SVS and Smartmatic for the latter to hold a $2 million note from the purchase. Smartmatic now appears ready to sell that note to Hart as part of a $16 million dollar deal which SVS has a contractual right to match within a 60-day period, ending on April 15th.

Sequoia is believed by election experts to be this country's third largest voting machine company, followed by Hart. The combined operation, should the takeover be completed, could well create a new powerhouse in the industry, displacing #2 Diebold/Premier, and coming up just behind the country's currently largest election vendor, ES&S.

Court documents obtained by The BRAD BLOG reveal that Hart notified SVS of its intention to purchase the $2 million note held by Smartmatic on February 15th, giving the group of owners and share holders of SVS --- including CEO and President Jack Blaine, and VPs Michelle Shafer and Edwin Smith (whose names BRAD BLOG readers may recognize) --- just 60 days to match the offer Hart had given to Smartmatic. As the deadline nears, Due Dilligence processes have begun, and are near the final phases of completion at Sequoia...whether company management likes it or not.

Hart's move has sent Sequoia/SVS executives into a legal and financial tizzy and --- perhaps taking a page from Hillary Clinton's campaign book --- the company seems to be throwing the legal kitchen sink at both Hart and Smartmatic in an attempt to nullify Hart's offer. Court documents reveal arguments that Hart's is not a "bona fide" offer that SVS is legally required to match. So far, however, those legal maneuvers, reflected by a dizzying array of motions and cross-motions, suits and counter-suits --- completely unreported by anyone in the media until now --- have all been summarily and soundly rejected by the Delaware magistrate adjudicating the matter.

Every legal effort by Sequoia and SVS to dispatch with the hostile takeover attempt has failed miserably so far, leading Vice Chancellor Stephen P. Lamb of the Court of Chancery in Delaware to even describe one such legal theory of SVS' as...(big irony alert!)...a "conspiracy theory"!

But while Sequoia faces a plethora of legal liabilities concerning their oft-failed voting systems, Hart InterCivic faces its own share of challenges with a pending --- and damning --- federal fraud/qui tam suit against the company, as unsealed late last month. Moreover, Hart's acquisition plan could face scrutiny from members of Congress and Treasury Department officials, as well as states across the country who thought they had turned over control of their elections to Sequoia, only to soon learn there will be a new owner, not of their choosing, of the secret software and devices which determine the results of their public elections.

While litigation over claims of fraud and failure in both company's voting systems await, so does at least one major prize to the victor of this grudge match: New York state's soon-to-be-completed $100 million deal with Sequoia...or maybe now with Hart...or...whoever...

Exclusive details shortly on potential major shake-up in the e-voting industry...

Detailed investigative report coming...

Stay tuned...Developing hard...

UPDATE: The full BRAD BLOG report now posted here.

A much condensed version of the story is also now posted at ComputerWorld.

Guest blogged by Ellen Theisen, VotersUnite.Org

Over two years ago, the U.S. Justice Department filed a lawsuit against New York State to force the state to comply with the federal requirement to equip every polling place with voting systems that are accessible to people with disabilities, as mandated by the Help America Vote Act of 2002 (HAVA).

Meanwhile, the DoJ has taken no action at all to stop any state from using voting equipment that has been proven to violate HAVA's requirement for accurate vote-counting.

While it's important for every citizen, disabled or not, to be able to vote privately, a private vote is meaningless if that vote is not counted accurately. Despite the equal weight HAVA gave to both important mandates, the federal requirement for accurate vote-counting is being wholly ignored by the states, and even the federal government.

Two recent incidents which have been making headlines --- in New Jersey and Ohio --- illustrate clear, undeniable violations of the federal accuracy requirement. They are impossible to deny or ignore. For the moment, however, federal officials are doing exactly that...

Just out from the NJ Star-Ledger...

In the meantime, we repeat our background detail on this amazing (and sometimes hilarious) story in full below, as we ran it this weekend when one of the Princeton professors threatened by Sequoia found the failures in NJ were even worse than previously thought.

Please note: The same failed Sequoia AVC Advantage touch-screens are scheduled for use in Pennsylvania in the important upcoming Democratic Primary!...

A failure in Diebold touch-screen voting systems in Butler County, OH resulted in votes not being included properly in Election Night results, even though the system had reported that all votes were uploaded and recorded correctly. Once the error was discovered, a subsequent upload of all of the county's 1599 touch-screen memory cards to the Diebold central election tabulator after the election, also resulted in the failure to record the results of one of the memory cards, despite the system having reported that all results were "uploaded properly."

The failure of Diebold's widely-used AccuVote TSx machines during the state's March 4th primary election resulted in the initial loss of at least 150 votes, and has prompted a letter of concern to the company (posted in full at the end of this article) from Butler County's Election Director, Betty L. McGary and Deputy Director, Lynn Edward Kinkaid.

In the letter to David Byrd, President of Diebold's recently-renamed election division, "Premier Election Solutions," the officials point out that two different memory cards failed to upload vote tallies to the central tabulator.

"It may appear that every vote has been counted when cards indicate they are being properly uploaded, when in fact votes cast on a memory card(s) are not tabulated in the results," the officials wrote after having discovered the matter. "It is unimaginable how serious this situation could have been should the problem be undetected, or ignored," they concluded.

The letter also details yet another previously-unknown problem with Diebold's central tabulator --- one that could well-effect this November's general election --- as revealed to the officials by a company employee during the initial trouble-shooting of the problem.

Despite recent urgings from the Ohio Secretary of State, Diebold AccuVote TSx voting machines are still used as the primary voting system in 44 of Ohio's 88 counties, and are also widely in states across the rest of the country. The Cincinnati Enquirer reports that officials "don't yet know whether the same glitch may have affected results from previous elections in Butler County or elsewhere." ...

Paging Dan Abrams! Working on several detailed stories for the moment, so not much time for background on this, but we'll try to quickly connect a few dots for you.

Much of it the first part here is so amusing and/or ironical on its own, that I suspect it speaks for itself. At least for anybody who is cursorily familiar with the John "Minorities Die First" Tanner story, as originally broken by The BRAD BLOG's Alan Breslauer, who video-taped the remarks which led, fairly directly, to Tanner's embarassing downfall, sad Congressional testimony and eventual resignation as the head of the DoJ's Civil Rights voting unit. (Our extensive coverage of the entire mess can be perused here.)

This now from AP [emphasis ours]...

Expert on that, indeed.

The article goes on to note that the DoJ is "paying Tanner's salary and benefits to work in Alabama through next spring." About which Bob McCurley, director of the Alabama Law Institute, said, "It's not costing me anything."

And well worth the price at that!

But that's not all that should be taken note of here. There are at least two very important dots that need connecting here between Tanner, Alabama, the Siegelman case and an unprecedented order by the DoJ in 2006 taking away control of elections from the AL Secretary of State and handing it to the Republican Governor who ousted him under, um, less than crystal-clean circumstances...

Guest Blogged by Alan Breslauer

Part 1 (9:40), Part 2 (9:06)...

Special to The BRAD BLOG by Jim Cirile

Clint Curtis doesn't know when to quit.

The Florida computer programmer turned infamous whistleblower was allegedly asked by Jeb Bush crony (and future FL-24-R Congressman) Tom Feeney to write vote-flipping software for him in 2000 (here's the quick summary version of BRAD BLOG's coverage of the scandal). At the time, Curtis, then a loyal Republican, delivered the vote-rigging prototype to Feeney under the assumption that his software would be used to prevent e-voting manipulation by Democrats. When Curtis learned that the true purpose was to game the election results in South Florida, he blew the whistle.

A stacked-deck investigation by the Florida Ethics Commission --- where 6 of the 8 members of the panel are either Bush or Feeney appointees, or closely tied to one or both --- dismissed Curtis' allegations without allowing him to testify, and without examining email and other evidence in the case, in violation of FL law. But Curtis would not go quietly.

He became a crusader, speaking at election integrity events around the country and eventually delivering jaw-dropping testimony (video here) to a stunned Congressional committee (who did nothing in response). Curtis even passed a lie detector test administered by the retired chief polygrapher for the Florida Department of Law Enforcement. Meanwhile, Feeney has been branded among the "Top 25 Most Corrupt in Congress," for three years straight, by CREW, the non-partisan DC ethics watchdog group, most notably for his involvement --- and golf junket to Scotland --- with disgraced lobbyist Jack Abramoff.

In 2006, Curtis launched his first congressional bid --- now as a Democrat --- taking on Feeney himself for his FL-24 seat. A pre-election Zogby poll showed Curtis in a statistical dead heat with Feeney --- despite Feeney's big-money smear campaign against Curtis ('CrazyClintCurtis.com' featured doctored photos of Curtis wearing a tin foil hat). But on election night, Feeney was announced the winner 57%/43%. Problem is, those election results didn't make much sense based on the Zogby poll or Curtis' own internal polling. So Curtis did something remarkable. He filed a Congressional election challenge.

His team went door to door collecting signed affidavits from FL-24 voters testifying as to how they voted. They found the results to be wildly off, by double digits in some places. Despite this evidence, the Democratically controlled House committee summarily dismissed his election challenge, along with several others, without bothering to even review Curtis' evidence.

And yet, Curtis is once again going after the FL-24 Congressional seat. Only this time, he's not just running against Feeney. First he must defeat an attempt to challenge him by the Democratic party's hand-picked candidate.

We caught up with Curtis on the campaign trail where he made it clear, in our exclusive interview, that he had no intention of lying down or rolling over for naysayers, Democratic insiders, the woman chosen by the DCCC to challenge him, and certainly not the corrupt Tom Feeney...

No, we haven't forgotten. We never do...

For more on all of the above, see the many stories at: https://bradblog.com/SibelEdmonds.