Sarasota's Herald-Tribune highlights why it's imperative to get election results right on Election Night...

The Congressional challenge is due to problems with touch-screen DRE voting systems in the district which resulted in 18,000 lost votes, in a race certified as having been "won" by the Republican Vern Buchanan over the Democrat Christine Jennings by a 369 vote margin. Even the machine vendor (ES&S)'s own expert in court admitted that Jennings would have most likely won were it not for problems with their touch-screen DRE voting machines during the race.

A recent study of DRE voting systems found that two-thirds of voters didn't bother to check their review screens at the end of the voting process on such systems, and that even if they check them, they do not notice votes that have been flipped by the system. The study concludes that paper trail records, printed out after the review screen on DREs, would similarly not be noticed or checked for accuracy. Those findings confirm earlier results from an MIT/Caltech study which looked at similar issues.

The embarrassments caused by the District 13 race in Florida helped lead the Republican-controlled House and Senate in Florida to finally legislate a ban on DRE touch-screen voting machines altogether.

Supporters of Rush Holt's HR811 Election Reform bill in the U.S. House, however, have said that it's impossible to get a similar ban in the Democratically-controlled House and Senate, so they've refused to add such a ban to their sweeping bill. Those who have made the claim that a DRE ban could never win passage in the Democratically-controlled House and Senate have yet to offer any evidence for that claim, or even offer a single name of a supporter of the bill who would vote against it if it included such a ban.

The bill currently has 216 co-sponsors, although ComputerWorld today confirmed our report from earlier this week that Presidential Candidate Dennis Kucinich (D-OH) plans to withdraw his co-sponsorship of the bill.

The FL-13 election, meanwhile, was held back in November of 2006. The earliest timetable detailed in the Herald-Trib article, quoted above, would result in a decision on the matter by October of 2007. The Republican Vern Buchanan, who most likely lost the race by nearly everyone's (but his and Sean Hannity's) estimation, continues to vote with the GOP caucus in the House while the Democratic candidate, whom Sarasota voters had tried to send to the U.S. House, bides her time in Florida.

Guest Blogged by John Gideon of VotersUnite.org

Concerned about overseas and military voters? According to the Military Times:

That story, and today's other notable voting news, all linked below...

This is exactly why Mark F. "Thor" Hearne and his "voter fraud" scamming buddies need to be called in, under oath --- with subpoenas if necessary --- before a Congressional committee. And pronto. The garbage they've been circulating for years is still taken "as gospel" by the Bush Dead Enders.

Here's one of them. Peter Kirsanow, appointed by Bush in 2001 to the US Commission on Civil Rights. Laura McGann has more details on this clown. But at left is the video of this clown's Senate testimony from last Thursday --- even after all of this stuff has been completely discredited --- repeating the same garbage, known well enough for him to repeat it a mile-a-minute, in a hearing concerning intimidation at the polls.

And yes, you read that right. This guy is on the US Commission on Civil Rights. The entire system has been compromised. It's time to haul in the ACVR bunch and get them on the record, to find out exactly "whodunnit." For example, the ACVR had nearly a million dollars to operate their "non-partisan" tax-exempt outfit in order to generate propaganda for chumps like Kirsanow to puke up in official hearings. That was the plan --- even while they lied about it on their tax forms --- and it's still working like a charm.

Before he became a "non-partisan" "voting rights" advocate, Hearne was the national general counsel for Bush/Cheney '04, Inc. He was recognized --- by name --- by Karl Rove when he spoke at a Republic National Lawyers Association event in April of 2006, thanking them for their "work on clean elections" in 2000, 2002, and 2004.

So where did Thor get his million dollars for his now shut down and discredited organization? We still don't know, because nobody has ever asked them under oath.

Anybody in the House or Senate Judiciary Committees paying attention here and feel like finding out?

...CONTACT...
House Judiciary Committee
Senate Judiciary Committee

For more information on the "non-partisan" tax-exempt ACVR "Voter Fraud" scam and the snakeoil salesmen who invented it, Bush/Cheney '04 National General Counsel Mark F. "Thor" Hearne and RNC Communications Director Jim Dyke, please see BRAD BLOG's full Special Coverage of the "American Center for Voting Rights" at https://BradBlog.com/ACVR.

Guest Blogged by John Gideon of VotersUnite.org

According to an article on BRAD BLOG a recent study by a doctoral candidate at Rice University found that approximately two-thirds of voters failed to notice malicious changes made to their DRE review screens during mock election testing. Approximately two-thirds of another group of voters failed to notice vote swapping that took place on their review screen. If two-thirds of voters do not review the review screen when voting on a DRE what makes anyone believe that voters will verify a voter verified paper audit trail printed by a printer on the side of their machine?

Also the EAC announced [PDF] today that they have terminated the interim accreditation of CIBER Labs due to a lack of required notification of key personnel changes. Wyle notified the EAC that Shawn Southworth left CIBER and went to work for them. CIBER apparently forgot to make that notification.

Links to those stories, and the other notable voting news items today, all listed below...

Following up on Thor Hearne's apparent attempt to delete the taint of his American Center for Voting Rights (ACVR) con-man past by scrubbing his Wikipedia entry as we discussed yesterday in some detail.

And since Thor wants to keep playing, we'll point out that, yes, it appears his GOP "voter fraud" front group lied on their tax forms. Thor's a lawyer. A rather "important" one in fact, so one would think he would know better than to risk further tarnishing his powerful MO lawfirm Lathrop & Gage's reputation. Details below.

But first...today, Loyola law professor Rick Hasen, who originally discovered the attempt to expunge reality from Thor's Wiki, finds that the battle continues...

To those BRAD BLOG readers who have restored info to Thor's page and to the ACVR page, we'd ask you to keep up the good work. I suspect they will tire before you do!

While you're at it, up the ante! Apparently there wasn't nearly enough detail on Thor's scam on those pages, so feel free to draw freely from our special coverage page right here: https://BradBlog.com/ACVR.

And just to add a bit of fresh material, given Thor's desperate attempt to hide his past (while successfully telegraphing that he clearly feels he has much to hide), we'd add this little chestnut of a lie from ACVR's 2005 990 [PDF] form...

Guest Blogged by Jim Lampley

when cindy sheehan's son casey, a loyal enlisted member of the united states army, was killed in combat in iraq, his mother sought an audience with the commander in chief. disturbed that she was rejected in that quest, cindy eventually acquired a five-acre plot of ground five miles from the president's ranch in crawford, texas and named it CAMP CASEY in honor of her son. she used the camp as an outpost for her continued quest to meet with george w. bush, and invited those who supported her cause to join her in texas. over the years the camp has become a haven for iraq and afghanistan veterans opposed to the war and/or its conduct, for peace activists who believe there has to be a better way, for others who simply cannot fathom why the president will meet with oil profiteers, with right-wing religious fanatics, with well-heeled contributors, but NOT with the mother of a son who died serving his country. today CAMP CASEY is as alive as ever.

but when congressional democrats recently backed off of their challenge to the president over funding of the iraq occupation, cindy sheehan reached her point of exhaustion and decided she needed to go home. she put the camp up for sale, and very shortly it became the target of groups supportive of the administration's policies, people who see no problem with the continued needless loss of life in the middle east in support of what amounts to a corrupt oil grab. that's when bree walker stepped in.

this past weekend on her radio program on los angeles' KTLK progressive talk, bree presented cindy with a cashier's check and acquired CAMP CASEY for its original price. her plan is to continue to invigorate the location as a memorial to those who have needlessly and bravely died, and as a monument to all who favor peace, rationality and true free democracy in the United States-- in short, all the causes which have been so flagrantly trampled by the fascist criminals who support and work for george bush.

within the next few weeks a new non-profit organization will be established under which we can all make financial contributions to bree's valuable new outreach and continue the pressure against this administration which has so violently defiled our country and its values. on the weekend of july 7 bree will lead a caravan from southern california to CAMP CASEY for a celebration of cindy sheehan's birthday and of all that cindy has contributed to the cause of truth, peace and justice. until then i invite all of you to express your support to bree for her exemplary patriotism and bravery. you can reach her at breecampcasey@bradblog.com. thank you for supporting this great patriot who has now placed herself squarely in the line of succession which began with nathan hale, patrick henry, paul revere, george washington and their ilk.

please pass this along to all who share our cause.

===

Jim Lampley is an HBO/NBC sportscaster and occasional guest host for Ed Schultz and other progressive radio talk shows. He was a formerly married to Bree Walker and served as her broadcast television news co-anchor in Los Angeles for many years.

Guest Blogged by John Gideon of VotersUnite.org

A new study supports the contentions of Election Integrity advocates who oppose Rush Holt's election reform bill on the basis that it allows for the use of Direct Recording Electronic (DRE) touch-screen voting systems. Supporters of the bill claim that the bills mandate to require so-called "Voter-Verified Paper Audit Trail" (VVPAT) printers on such DRE systems mitigate the concerns about the machines notorious inaccuracy and proven tamperability. The new study strongly indicates otherwise.

In her recently released doctoral thesis, “The Usability of Electronic Voting Machines and How Votes Can Be Changed Without Detection” [PDF], Rice University researcher and Doctoral candidate Sarah P. Everett reveals that review screens, presented to voters at the end of the voting process on DRE voting machines, fail to be effective.

Of 66 participants from the general Houston population, with a median age of 45 and an even distribution of educational levels only 32% of the voters noticed that malicious changes had been made to their review screens during mock election testing.

A further test was accomplished with 101 participants, with an even gender split (51 males, 50 females), a median age of 40, with most having either some college education or holding a degree. Of those, only 37% of the participants noticed that vote flipping had occurred on their review screens during mock election testing.

Also shocking is that of those 101 participants 6% walked away from the voting machine without pushing the button to cast their ballot. Instead, they just left the voting process at the final review screen. Thus, had this been a real election, a full 6% of the voters would not have had their ballots counted at all.

So when only about one-third of the voters actually review their ballot on the ballot review screen and notice problems why would anyone think that adding a "Voter-Verified Paper Audit Trail" printer to a DRE will solve any problem? Rather than adding useless and expensive printers; why not just get rid of these machines all together?

In fact, Ms. Everett states, when it comes the use of DRE voting systems [emphasis added]...

===

*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

On November 29, 2005, the Boston Globe ran a nice Letter to the Editor by Mr. Ralph West of Philly, under the headline “REMOVE CANCER IN ADMINISTRATION”:

Mr. West's concerns may now have come to fruition, The BRAD BLOG has learned, as "a Robert Bork" has emerged --- in fact, Robert Bork himself --- along with eleven other law professors from some of the nation's most highly regarded law schools, and Pepperdine, to file an amici brief in the Scooter Libby perjury and obstruction of justice case in order to argue that the Special Prosecutor's assignment to the case was unconstitutional...

Guest Blogged by John Gideon of VotersUnite.org

Today’s news finds a scathing review of the Senate’s answer to the Holt Bill, HR-811. Senator Feinstein’s S-1487 was supposed to be the repository for fixes to the Holt bill; or that’s what the Election Integrity community was being told all along. However, S-1487 is a terrible response to problems the voters have been facing. Also in the news, Sarasota Co. has formally announced their plans to scrap their ES&S iVotronic DREs in favor of Diebold optical-scan machines and AutoMark ballot marking devices.

Links to those voting news stories, and many more today, all below...

Voter Fraud zealot Bradley Schlozman takes his do-over concerning testimony he gave last week to the Senate Judiciary Committee concerning his assertion (made 10 times in all), that it was Craig Donsanto of the Election Crimes division at the DoJ's Public Integrity unit who gave him the go ahead to bring voter fraud charges in Missouri days before last November's election. The indictments were in strict violation of the DoJ's written policies --- written by Donsanto, in fact --- that bar such indictments at times that they may have an impact on an election.

Says Schlozzie, in his freshly-filed and obviously-forced about face: "I want to be clear that, while I relied on the consultation with, and suggestions of, the Election Crimes Branch in bringing the indictments when I did, I take full responsibility for the decision to move forward with the prosecutions related to ACORN while I was the interim U.S. Attorney."

To which Sen. Leahy --- who pressed Schlozman hard on this precise point in a memorably heated exchange during the hearing (see angry video at left)-- says: "It is deeply troubling that after weeks of preparation Mr. Schlozman appears to have misled the Committee and the public about his decision to file an election eve lawsuit in direct conflict with longstanding Justice Department policy."

Also related...Hans von Spakovsky, Schlozman's GOP "voter fraud" partner at DoJ, comes before the Senate tomorrow for a hearing concerning his appointment as chair of the FEC. He had been previously recess-appointed to the position by Bush, but his Get Out of Jail Free Card is now up, and tomorrow he'll finally face questions on his role in gutting the Voting Rights Act at the DoJ against the advice of the decades-long experience of civil rights attorneys in the Voting Unit there. Five of those former DoJ staffers have written a letter to Congress urging them to reject von Spakovsky's nomination.

Paul Kiel at TPM Muck has many more details on both the Schlozman do-over and von Spakovsky's DoJ chicanery in advance of tomorrow's hearing.

Mark F. "Thor" Hearne must really want to hide something about his discredited past as the front man for the GOP front group calling themselves the American Center for Voting Rights (ACVR).

In the latest chapter of a string of attempts by Hearne to cleanse his public record as lead snake-oil salesman for the mysteriously-funded "non-partisan" group that he founded to push propaganda about a massive (if non-existent) Democratic 'voter fraud' epidemic, it seems his Wikipedia page has been expurgated of all references to the ACVR.

Loyola election law professor Rick Hasen reports at his Election Law Blog today...

As BRAD BLOG readers know, Hearne was formerly the national general counsel for Bush/Cheney '04 Inc. and continues to be both a friend of Karl Rove and a big time GOP operative in Missouri via his big time GOP law firm of Lathrop & Gage.

Since the spotlight has shone on the "voter fraud" fraud at the heart of the DoJ Attorney Purge, Hearne has been running for cover. The ACVR site was shut down, references to them have been purged from Thor's resume as various exposés have been run on his scam, by Murray Waas at National Journal, Hasen at Slate, and even on the once-ACVR and Thor-friendly NPR.

Of course, several of the scrubbed references and links on Thor's page were to our site, as we originally outed Hearne and his ACVR scam just days after he and fellow "non-partisan" "voting rights" activist Jim Dyke, Communications Director for the RNC, first started peddling their deceptive information. We first noticed them back in March of 2005 when Hearne testified before a Congressional hearing on the 2004 Election, claiming to be little more than a "long time voting rights advocate." Despite promises to the contrary, neither he nor Dyke have ever explained who was really behind the group, and who funded them to the tune of $1 million back when they set up shop out of a PO Box in a strip mall in Dallas, TX, where neither of them lived. The bogus information they peddled from coast to coast was --- and still is --- used by the folks throughout the DoJ and the Bush administration in hopes of affecting elections and seeing disenfranchising Photo ID restrictions legislated for polling places.

Hearne's powerful MO lawfirm, Lathrop & Gage, has also come into the spotlight of late in relation to a state fee office scandal said to have been under investigation by Arkansas US Attorney Bud Cummins at the time he was fired by the DoJ.

Recently, in one of the rare interviews he is now willing to grant to the media, Hearne blamed The BRAD BLOG specifically for many of his current woes.

You're welcome, Thor. Ready to come clean? Or will it take a subpoena for that? (We're guessing it'll take that subpoena.) Either way, unlike you, we've got nothing to hide, and we're not going anywhere...

UPDATE 6/13/07: Wiki info on ACVR restored, but Lathrop & Gage un-restores it. Twice. Plus, ACVR lied on their 990 public disclosure forms. Details on both matters now here...

For more information on the "non-partisan" tax-exempt ACVR "Voter Fraud" scam and the snakeoil salesmen who invented it, Bush/Cheney '04 National General Counsel Mark F. "Thor" Hearne and RNC Communications Director Jim Dyke, please see BRAD BLOG's full Special Coverage of the "American Center for Voting Rights" at https://BradBlog.com/ACVR.

Guest blogged by Ellen Theisen, Co-Director of VotersUnite.Org

Yesterday I discussed the dangers presented by Rush Holt's Election Reform bill, HR 811, now pending a floor vote in the House. I detailed seven points which, taken as a whole, lead me to believe that the bill does more harm than good.

Senator Dianne Feinstein’s bill S. 1487, “The Ballot Integrity Act of 2007,” was introduced on May 24, 2007. Some were expecting it to be a companion to, and improvement on, Holt’s bill, H.R. 811. Far from an improvement, S. 1487 introduces surprising — and disturbing — new provisions.

It includes many of the most troubling points of the Holt bill, but goes even farther in the wrong direction away from what is needed for Electoral Integrity in America, presenting instead a grave danger to our democracy.

The bill systematically dismantles government by the people, and it provides a legal excuse for expanding the disenfranchisement of “distinct communities” such as racial minorities.

(The following excerpt discusses only how S. 1487 functions like a Voting Rights Act in reverse. I've posted a more complete analysis of the bill at VotersUnite.org.)

Historically, racial minorities have been prevented from voting by violence, poll taxes, highly subjective literacy tests, police dogs, and so on. The Voting Rights Act of 1965 was landmark legislation to remove such obstacles and clear the path for all voters to have a voice in elections.

A shameful provision in S. 1487 functions as a Voting Rights Act in reverse. “They” (historically disenfranchised communities) would get to vote, but the bill allows for the future massive loss of “their” voices through machine malfunction or other means, while limiting the vote loss that would be acceptable in jurisdictions where “they” aren’t as predominant....

In today's "Daily Voting News" John Gideon mentions the "banter back and forth between members of the Election Integrity community" over Rush Holt's controversial HR 811 Election Reform bill. "Banter" is a very nice way, for the very polite Mr. Gideon, to describe it. I'd call it just short of a shooting war.

In any case, while debate over such sweeping attempts at reforming our entire electoral system are essential, the continuing efforts by the pro-Holt folks to lobby in favor of their bill by offering deceptive and misleading information about it are certainly not useful to anyone. The bill itself is misleading by describing paper trails created by touch-screen voting machines as "paper ballots." The fact is, such trails aren't ballots. They are simply records (perhaps accurate, perhaps not, there is no way for any voter to know for certain) of the voters' votes. They are not actually used in the tally of results on Election Night, and almost never thereafter either.

BRAD BLOG readers are likely well familiar by now with various, and, worse, misleading claims about the bill from Holt's office staffers themselves and People for the American Way (PFAW) in particular, the biggest lobbyist/proponent for the bill. Much of that is covered in articles on our Holt Bill Special Coverage page.

The latest entrant into the mislead sweepstakes is Pam Smith, President of Verified Voting. John points to her editorial today in the DVN, which begins this way...

Guest Blogged by John Gideon of VotersUnite.org

There has been a lot of banter back and forth between members of the Election Integrity community who are on both sides of whether presently filed legislation should be passed or dumped. Today’s news finds four articles on HR-811 that discuss the issue in depth. We encourage everyone to read the four articles so they know what are the arguments. Today’s articles are from Ellen Theisen and Pam Smith, both members of the EI community; Michael Collins, of the media; and Mark Ritchie, the Secretary of State of Minnesota. Tomorrow Ellen Theisen will follow her article on HR-811 with another article on its Senate companion bill, S-1487, which is much worse and will be hard for any civil rights organization to support.

Links to those stories, and the other notable voting news today, all below...

Guest Blogged by Alan Breslauer

The one George W. Bush supporter who spoke up against the debacle of Ohio's 2004 election in a March, 2005, Vanity Fair article titled, "Ohio's Odd Numbers," told The BRAD BLOG at a book signing last Tuesday in Santa Monica that E-votng is a "racket and fraud" which "should never have been allowed to happen." The outspoken controversialist told us that although he recently became an American citizen he has no plans to vote, believing that his vote would not count in any case "as long as there are machines."

Hitchens, who found the 2004 Ohio results "impossible to swallow," says during the short video-taped encounter that "there has to be a paper ballot." In his 2005 Vanity Fair piece detailing the many problems discovered during Ohio's presidential election, he contended that without reforms to the system Americans will continue to be "treated like serfs or extras when they present themselves to exercise their franchise."

The short video-taped encounter with Hitchens follows in full below...