Guest Blogged by John Gideon of VotersUnite.org

Voters went to the polls in Horry Co South Carolina this morning in hopes of casting their vote in that state’s Republican primary. Unfortunately testing of the voting machines had not been completed by the county and ES&S so poll workers were not able to start the machines. Over 80% of the machines used in the county sat dark until technicians could be sent out to get them cleared and ready for the voters. While county election officials were telling the media that no voters had been turned away, voters were telling the media the truth. Voters were sent away without voting.

Ohio SoS Jennifer Brunner has moved back a bit from her plans for November. Gone are her demands for vote centers and gone is her mandate for only central count. Now she will allow counties to use precinct based optical scan to unofficially count the ballots at the precinct level so they can compare those numbers to the official centrally counted tally. There is still no mention of accessible voting for voters with disabilities or federally mandated over vote protection. ...

Blogged by Brad from the road...

The Grand Lake Theater marquee in Oakland last Thursday Night, for the screening of UNCOUNTED: The New Math of American Elections...

More photos as I can get time to add them once I'm back home and/or off the road for a bit. Though here's a very quick clip from inside the theater --- with a great crowd turning out! --- during the screening...

Was great to meet so many of you there and at the Sacramento screenings on Tuesday! You are my heroes. Thanks for coming out! Buy a DVD and spread the word in your town...

UPDATE: Photos from the Sacramento screening, now posted by Bill of Sacramento for Democracy.

Guest Blogged By John Gideon, VotersUnite.Org

Local media and CNN are reporting that Horry County South Carolina's ES&S touch-screen voting machines are in a near total meltdown.

CNN reports:

Further CNN coverage here: "South Carolina primary plagued by bad voting machines"

This is happening in a state where election officials were recently asked about their paperless ES&S iVotronic touch-screen (DRE) voting system and the fact that other states have found the machines to be insecure, poorly designed, inaccurate, and not accessible for voters with disabilities. These officials have all said that they anticipated a smooth voting process for both the Republican presidential preference primary on Jan. 19 and the Democratic primary on Jan. 26 in South Carolina....

Guest Blogged by John Gideon of VotersUnite.org

Direct Recording Electronic voting is on the wane. New Mexico has already gone from DREs to paper. Florida is in the process of making the change and will be there by Nov. Ohio may make the move from DREs to paper ballots before Nov. Colorado clerks in all but three counties want to go to vote-by-mail for all elections and their SoS has now flip-flopped over to their side. Maryland has now budgeted $6.8M to make the move. Yet officials in Northampton Co, Pennsylvania have decided to buy DREs from Sequoia and they won’t even have a vvpat printer. Even the vendors are beginning to admit that while they have made hundreds of millions of dollars selling flawed technology their time is coming to an end. Soon the DRE purveyor will go the way of the snake-oil salesman. But officials like those in Northampton need to look beyond their county border and realize there is a world out there and they can learn from more than just a “slick-willie” salesman who is selling them junk.

Tax payers in four California counties need to question their counties decision to file a wasteful lawsuit against the Secretary of State. How much San Diego, Riverside, San Bernardino, and Kern money was wasted in this attempt to not follow the rules? Kern stupidly announced they were joining the suit on Wed. and heard the tentative ruling against them on Thurs. That’s great planning....

The Internets at my hotel in Oakland have been out for appx. the last 24. As you can imagine, I'm not very happy tonight, with so much that's been going on over the last day. (Along with much to come tomorrow, btw...in re: Sibel).

So I'm jumping in quickly via net access courtesy of the Peter B. Collins Show, here at their luxurious San Francisco studio, where I was on hand to do my weekly 5pm PT appearance, live, in-studio for a change.

Anyway, back when I can get back, which I hope is sometime soon. Lots to cover. Until then. Discuss...And, as always, please blog responsibly.

Guest Blogged by Alan Breslauer

Election integrity expert and author of Fooled Again, Mark Crispin Miller, made some remarkable comments while speaking to the LA Election Protection Task Force last night. Robert Carillo Cohen, producer of Hacking Democracy, was also a featured speaker at the event.

After covering some preliminary matters, Miller retold the story of his post 2004 election encounter with John Kerry when the Democratic candidate admitted that he believed the presidential election was stolen. This shouldn't surprise anyone since, as Miller states:

Which ultimately leads Miller to conclude that Kerry is in denial:

But resistance to the idea that American democracy is under attack goes far beyond Kerry and Gore. Miller believes the way to break through this resistance is to:

Finally, Miller concludes by going over a 12-step approach to reforming our elections.

Guest Blogged by Alan Breslauer

Senator John Edwards took his presidential campaign to Los Angeles yesterday, speaking to a crowd of about 1,000 at the Southern California Public Service Workers' headquarters. While Edwards spent the bulk of his nearly 20 minute speech going after special interests, corporations and lobbyists, he also took a few shots, without naming anyone, at his main Democratic challengers:

Edwards also said that he was the "underdog" and challenged the crowd to start a grassroots movement on his behalf that will spread across the country like a "tidal wave of change."

Guest Blogged by John Gideon of VotersUnite.org

Today Congressman Holt has put forth a slimmed-down, modified version of his HR-811. This bill would reimburse all state and local jurisdictions that opted to convert to a paper ballot voting system, offer emergency paper ballots or convert audits by hand counts. Joining Congressman Holt in a press conference today were Representatives Carolyn Maloney and Robert Wexler. John Conyers has also signed on as an original sponsor of the bill according to reports.

Today the ACLU has filed a lawsuit against Ohio Secretary of State Brunner in an attempt to stop Cuyahoga Co from switching to a paper voting system in time for the March 4 primary election....

As mentioned last night in this disturbing article, the early results of the hand counts of one Diebold precinct in Dennis Kucinich's election contest in New Hampshire are now being posted, as they come in, at this New Hampshire SoS page.

As mentioned earlier today, NH SoS Bill Gardner told WMUR in NH that "We did nine of the 12 wards in Manchester, and a lot of the votes were exactly the same...Some went up by a vote or two." He didn't, of course, note that a lot of the vote counts (most of them) were off by 5 or more.

And now, the rest of the numbers from the rest of the Manchester wards are coming on. And get a load of Ward 5:

All of the other candidates seem to have lost votes as well. No clue who received them instead, and must run out to tonight's Oakland screening of UNCOUNTED: The New Math of American Elections. But I thought you'd want to know.

WMUR might want to know too. Since their only source seems to be whatever Gardner tells them. They can be contacted here.

There are more fresh numbers there, but we haven't yet had time to review 'em. Other than that, everything is fine with your election system. Or, as WMUR "reported" at 6pm ET today: "The continuing Democratic primary recount in New Hampshire has not found any voting problems."

UPDATE: The New Hampshire Union Leader reports this as the reason for the huge disparities discovered via the hand count:

We've been on the road, and thus, unable to confirm that explanation one way or another, or even add this update from yesterday's paper until now. But we're happy to share it with you nonetheless (even as some dKos fans in comments, have suggested our lack of pointing it out as some sort of "conspiracy theory". Get over yourself, kids. And stand up for democracy while you're at it!)

Also meanwhile...Out there in MSM world, where reality creates its own definition, WMUR is reporting that all is fine in New Hampshire:

Well, they're sort of correct. "Voting" problems aren't the concern. As we frequently point out, the voters are still doing fine. Leave them alone. The election problems, and the horrible administration thereof, are another matter entirely. And on that front, loads of problems have been "found." But only if you bother to look at them, of course.

Given WMUR's following quote from NH Sec. of State Bill Gardner, which is demonstrably wrong in 3 seconds time if you bother to look at the SoS's very own web page for hand count results, it's not a surprise that WMUR thinks everything is just rosy:

That is what we in the business of actual reporting would call: a lie. Check the numbers for yourself. Yeah, it's technical true that "a lot of the votes were exactly the same," as Gardner says, in the same way that a lot of the troops who go to Iraq don't get killed.

But many more vote counts were not at all the same, ranging anywhere from 5 to 8 votes off in regular cases, across almost all candidates.

And before you say that's no big deal, we'll remind you that in 2004, had just 6 votes per precinct been registered in Ohio for John Kerry instead of George W. Bush, we'd have a different person sitting in the White House right now.

Other than that, and the fact that Gardner has no idea where the memory cards are for his Diebold machines, and all other matter of horrible election oversight, yeah, everything's just fine in New Hampshire.

...CONTACT...
WMUR Newsroom contact page

Meanwhile...Over at The Daily Kos, the world's largest and most powerful supposedly-Progressive blog, its founder and its front-page diarists would seem to be as out of touch with their own readership as the Democratic Party seems to be with their constituency, if the results from the following online poll running over there today (results as of 3:00pm PT today), offers any indication...

You'll recall that previously, with no "extraordinary evidence" for the "extraordinary claim" that Hillary Clinton won the NH Primary (maybe she did, maybe she didn't, 80% of the ballots were never counted or verified by anybody, so who knows?), Kos and his designated lead authors threatened readers with permanent banishment for discussing the serious concerns about "faith-based" elections, such as the one that took place last week in New Hampshire.

Updated for Kossacks in denial: Wrote Kos himself, in comments on this recent thread...

I'll note that none of the diarists over there previously bashing The BRAD BLOG, by making claims, without evidence, about "claims" they claim we claimed, bothered to link up --- or even answer to --- our post disputing those claims with actual evidence to the contrary.

Looks like these guys would fit in very nicely with today's Democratic Congress. Keep up the bad work, fellas. It's only your democracy at stake.

(P.S. I'm in Oakland tonight for the screening of the more-aptly-named-than-ever new documentary UNCOUNTED: The New Math of American Elections. If I recall correctly, Daily Kos founder Markos Moulitsas resides near the Bay Area. I'd love to see him come out to the screening tonight at the Grand Lake Theater at 7pm. Details here. Ticket is on me. I'd be delighted to talk to him about his apparent lack of interest in transparent, verified elections after he takes a look at this film, and listens to the Q&A I'll be a part of thereafter...if he happens to be in the 'hood. It's not too late to get it straight for '08, Mr. Moulitsas! Especially since it looks like your readers already have.)

Counting voters' ballots. What a nice new idea for American democracy...

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:

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:

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:

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".

Blogged by Brad Friedman from on the road...

(As mentioned in previous items, I'm now on the road --- currently in Oakland for the Thursday night screening of the more-ironically-named-than-ever documentary, UNCOUNTED: The New Math of American Elections --- and doing my best to keep up while moving. So apologies for the terse reports for the moment, as I continue to roll and have limited time online.)

LATEST OUT OF NH: Disparities being found during hand-counts of ballots, in many wards, many candidates. Diebold op-scan memory cards unaccounted for at the moment, Secretary of State (SoS) doesn't track them after elections, doesn't track error reports during elections. LHS Associates (see below) handles all of it instead, according to reports on the ground. Public records request reveals hundreds of ballots in one area scanned as blank due to incorrect ink used on ballots, and other problems on LHS problem report forms.

Numbers are now being posted from both the Democratic and Republican hand-counts in the NH Primary Election contest. So far, only wards in Manchester (Hillsborough County) have been hand-counted, and disparities between the original counts from the Diebold optical-scan machine and the hand inspections seem to be occurring in many wards, and for many candidates.

Here is the SoS Recount page with the totals, that I haven't yet been able to review in full.

While sources on the ground at the counting today have told me that officials were not announcing the originally counted results at the counting room, the SoS web page lists what they claim are the original counts --- previously verified by nobody --- versus the recounted numbers.

The disparities, as I've quickly been able to review them, are small, but consistent, in ward after ward, across almost all of the candidates. I'm told that the manufacturers of the optical-scan machines (in this case, Diebold) have estimated an expected error rate of 1% on this type of tallying device which, as noted by one of our contacts in NH, is ridiculous, if you consider that most states and counties only kick in "automatic recounts" when the margin between the two leading candidates is less than .5% or so.

ADDITIONALLY...Public records requests are being made on the spot, for errors and malfunctions at various voting precincts. An early review of the error forms turned over from the public record request made by Election Integrity experts overseeing the counting, has revealed that in Stratham there were some 550 ballots that were not read by the op-scan at all. They were seen as blank ballots. Officials there noticed the problem, and then hand-counted some 3000 ballots after the error was discovered.

Apparently, as we've seen elsewhere, voters were given the wrong pen to use and the op-scanners did not "see" this particular type of ink.

Some of the election day error and incident reports, as read to me over the phone just now by Susan Pynchon of Florida Fair Elections Coalition and Paddy Shaffer of Ohio Election Justice Campaign, both of whom are on the ground in NH overseeing the counts, and assisting Republican contest candidate Albert Howard...

I spoke with Bev Harris of BlackBoxVoting.org, who is also on the ground in NH, and she asks: "If it wasn't 550 ballots, but just 55 or so in some places, would they even have seen it and known to recount ALL of the ballots?"

She also noted that the error report came from LHS Associates, the private company (with the, um, less-than-reputable background) that is the sole Diebold vendor, programmer, operator and service provider in NH and most of the other New England states.

(UPDATE: Harris has more of her own first-hand observations now posted here at BBV.)

LHS, apparently, is the one responsible for tracking (or not) and reporting (or not) any such errors, rather than the Secretary of State or local election officials. That tracks with previous BRAD BLOG reporting on LHS, and how they operate in Connecticut, where there are similar concerns for whether or not the SoS even knows what the error rates are for the system they use, since problem reports are given to LHS instead of to public officials.

The BRAD BLOG has reported within the past few days machine problems during the election in a number of towns. In fact, of the first four towns we called that used the Diebold machines, all four reported machine failures of one type or another.

FURTHER...Voting Rights attorney John Bonifaz, legal director of VoterAction.org, was on the scene today, and just told me that he has great concerns about the transparency of both the initial election and the hand-count auditing process that got under way in earnest today.

"I'm very concerned that this is not a fully transparent process that is happening there," he told me.

The sensitive memory cards containing the programming and tabulation from the Diebold optical-scanners are apparently "missing in action" for the moment. Those cards, as viewers of HBO's Hacking Democracy know by now, may be used to hack an election, such that only a proper hand-count of the paper ballots afterwards will reveal the hack. (See the video of that hack for yourself right here. The same exact machine being hacked in that film was used across the state to count 80% of the ballots in NH in last week's primary.)

And yet, says Bonifaz who spent time today speaking with New Hampshire Secretary of State, Assistant Secretary of State and Deputy Attorney General, nobody seems to have any idea where those cards are and what has become of them.

He says he was told by Secretary of State William Gardner that his office doesn't get involved in tracking what happens to those memory cards. Some have reportedly been returned to LHS, and may have had their memory erased already.

"When you have a private company counting 80% of the votes, and you later learn that the memory cards are unaccounted for, you have a serious question about the transparency and accountability in that process," Bonifaz said.

He notes that federal law requires all materials from elections be preserved for 22 months after the election. So if those materials have already been lost, destroyed, or over-written, there are legal questions that must be addressed.

Bonifaz also noted that while representatives and observers for the Hillary Clinton and Dennis Kucinich campaigns were on site, nobody at all seemed to be there from either the Barack Obama or John Edwards camps. (Incredibly enough, I might add!)

Our earlier report today had a number of important updates that you may wish to review. Including the fact that the Kucinich people have asked for more observers (with video cameras if you have them!) at the State Archives Bldg., 71 South Fruit Street, Concord, New Hampshire, to help oversee the 6 counting teams. Much more in that report as well...

UPDATE 1/17/08 6:25 PM PST by Emily Levy: There are enough volunteers for tomorrow's counting. After Friday's counting, the count will be suspended for the Dr. Martin Luther King Holiday weekend and is scheduled to resume next Tuesday. Folks on the ground in NH ask that you not show up there without talking with someone first, as they don't want anyone to make the trip unless they're needed. Volunteering will be coordinated, and that system is being set up now. Check back here for updates.

Guest Blogged by John Gideon of VotersUnite.org

An urgent action alert has been raised in New York. As a result of the Department of Justice lawsuit regarding New York State's lever machine replacement, New York State's county level election commissioners have until February 8, 2008 to choose whether to use either a paper ballot based ballot marker and scanner system, or a direct recording electronic (DRE) voting system for each county.

After reaching a compromise with the federal court to provide ballot marking devices for disabled voters in each polling places in 2008, the New York State Board of Elections has recklessly redefined ballot marking devices to include DRE voting machines. Let's be clear - the untested DRE devices which commissioners are now empowered to purchase are not Ballot Marking Devices, they are DRE touch screen voting machines. Because this choice will commit over half of the funding available for new voting machines, if a county selects a DRE in February your county will vote on touch screen voting machines.

Concerned New Yorkers can help by notifying the county commissioners of the importance of choosing a paper ballot based system, and putting the media spotlight on the issue. It is urgent that you contact your local election commissioners in writing before the end of the month, and include newspapers and county legislators in that correspondence.

Please go HERE to learn how you can take action....