Guest Blogged By Michael Richardson

BOSTON - Diebold Election Systems, Inc., the controversial voting machine supplier, won't be supplying Massachusetts with its machines in 2008 and the company is not happy about it. So they are suing the state over the lost contract bid. But the solemn tone of Diebold's lawyer, William Weisberg, speaking in a hushed voice almost swallowed up by the stately, high-ceilinged courtroom of the Massachusetts Supreme Judicial Court this week, drew laughter from the jovial judge with a Cheshire cat grin and raised chuckles from the courtroom audience.

In a real upside-down, topsy-turvy presentation, Diebold was arguing on behalf of the state's taxpayers and kept talking about the "public interest" --- all while pitching to get its lucrative contract approved. In February, after a year-and-a half selection process, Secretary of State William Galvin picked rival company ES&S to supply the state with AutoMARK, accessible electronic voting equipment, as mandated by the Help America Vote Act.

As reported by the Boston Globe...

The hearing in the recently filed lawsuit was over Diebold's three emergency motions for a temporary injunction to stop delivery of the ES&S equipment, an expedited discovery order, and a confidentiality order. The judge later ruled, after the hearing, against all three motions although he allowed the lawsuit to proceed on a regular schedule.

While laughing, the judge wondered aloud about admissions made by Weisberg in the news paper that seemed to wholly contradict his failed court room strategy...

One more of the Cuyahoga County (Cleveland), Ohio, Board of Elections directors, Republican Sally Florkiewicz, has stepped down this afternoon. Her resignation leaves just one member, the board's chairman, Bob Bennett, left to fight the demand by Secretary of State Jennifer Brunner that all board members resign in the wake of a years-long string of elections disasters, two criminal convictions related to the recount of the 2004 Presidential Election, and a new criminal investigation which was launched last week into newly-revealed administrative election improprieties and irregularities in the county.

The resignation of Florkiewicz from the board of Ohio's most Democratic county leaves only Bennett --- who is the chair of both the Election Board and the state's Republican party --- to fight the order by Brunner. A hearing will be held next Monday concerning the complaint filed along with the SoS's resignation demands, after which Brunner is free to fire Bennett directly, according to state law. As ever, the members of Ohio's supposedly "bi-partisan" boards of election have always served at the pleasure of the SoS, who, for years, was the highly partisan right-winger and co-chair of Ohio's Bush/Cheney 2004 committee, J. Kenneth Blackwell.

Brunner replaced Blackwell last November after the former SoS was thoroughly rejected by Ohio voters in his bid for Governor.

"Regrettably, the lone board member who has refused to resign will face removal," Brunner said in a statement posted to the SoS website late this afternoon. As to today's resignation, she added, "It's unfortunate that Ms. Florkiewicz was unable to resign until faced with a complaint to remove her from the board."

While the board's two Democratic members resigned last week not long after receiving Brunner's request, an official in Ohio closely following the matter has told The BRAD BLOG that Florkiewicz exited her post today with anything but grace.

"The Secretary of State has decided to use the Cuyahoga County Board of Election to advance a partisan agenda," Florkiewicz contended in her resignation letter, "and I am not willing to be used as a political statement."

But one of our sources wonders how the request to remove "2 D's and 2 R's demonstrates a partisan agenda"...

The Los Angeles Times underscores everything that is wrong with relying on "paper trails" from Direct Recording Electronic (DRE) touch-screen voting systems: Nobody ever counts them. Even in incredibly close contested elections as overseen by a court of law...

Please note that Rush Holt's Election Reform bill (HR811), which mandates the hand-count of a very small minority of paper records in most federal races (which this race was not) via an audit after Election Day, allows no audit to happen at all in the case of an automatic state-mandated recount --- the type that occurs when an election is incredibly close, and when such an audit, arguably, might be needed the most.

UPDATE 4:58pm PT: Election Integrity advocate Tom Courbatt of Riverside County points us towards an October 31, 2006 statement [PDF] from former CA Sec. of State Bruce McPherson, who said: "The mandatory paper audit trail will be used for a full recount if necessary." That statement is at the bottom of the 5-page press release. Guess he was just kidding. Or the judge in Orange County didn't care. Or "paper trails" don't actually matter after all, no matter what any law or elections officials try to tell you...Which is why we need a paper ballot --- one that is actually tabulated --- for every vote cast in America!

Arlen Parsa of The Daily Background, and now BRAD BLOG Guest Blogger (see his story yesterday on the ties between the U.S. Attorney Purge and gaming the 2008 Election), files a story today at TruthOut destroying the DoJ claims that the reason for some of the purges was that the prosecutors were too lenient on immigration issues.

You'll be stunned to learn that the immigration claims were little more than a cover story hatched by the DoJ communications team as they initially prepared (and, apparently "misunderestimated" the need for) their public explanations for the politically-based firings. All exposed in new email docs dumped late last Friday, following the 3000+ pages dumped earlier in the week.

The skinny version of Parsa's TO report today...

California's election clerks --- or at least those who are members of the California Association of Clerks and Elections Officials (CACEO) --- are freaking out in light of CA Secretary of State Debra Bowen's newly proposed draft criteria for her promised, "first-of-its-kind top-to-bottom review" of all electronic voting systems in the state.

Bowen's most welcome and strictly drawn draft criteria, as we reported last week, are open for public comment through April 6th, after which testing will begin on systems which will lose their certification for 2008 if they do not meet the refreshingly strict standards to be reviewed (finally!).

In a document dated today and obtained by The BRAD BLOG, the CACEO --- who worked very hard, if unsuccessfully, to see Bowen's irresponsible predecessor, the hapless Bruce McPherson, re-elected --- filed their comments on Bowen's test criteria. And they don't like 'em. They don't like 'em one bit.

While we can hardly say we're surprised by that, or that they didn't bother to post the document on their own website yet, we can say that we're surprised that these folks who run elections for a living still seem completely and utterly unaware of the one thing that matters to voters --- and any successful democracy --- the most...

Over the weekend we reported on the newly unearthed "agreement" letter sent by voting machine company ES&S to Florida's chief of Voting System Certification, David Drury, dictating the company's demands for the narrow terms of testing for the source code and hardware of the touch-screen voting systems which failed so spectacularly in the state's 13th Congressional District election between Christine Jennings (D) and Vern Buchanan (R) last November.

In the still-contested election, an exceedingly high 18,000 "undervotes" were registered by the ES&S touch-screen DRE voting systems in Democratic-leaning Sarasota County only, in the race which was ultimately decided by 369 votes in favor of the Republican.

In our coverage, we asked a series of questions about the letter and whether the "independent" team of scientists convened by the state to review the source code had been apprised of ES&S's very strict litany of specific narrow conditions for testing (including their insistence that they be allowed to review, edit and/or comment on the final report before its release).

Yesterday, Alec Yasinsac, the "Lead Principal Investigator" of the scientific panel convened at Florida State University --- a noted Republican partisan --- released a response to some of questions [PDF] on behalf of the state-convened panel of scientists.

The bulk of that response follows, as well as a comment or two of our own in response...

Guest Blogged by Arlen Parsa

Details continue to drip out from the U.S. Attorney Purge scandal which seem to suggest that electoral politics --- and perhaps the 2008 election in particular --- may well have been at the heart of the White House/Dept. of Justice scheme to strategically place partisan operatives where they might be most useful prior to the next Presidential Election.

One such detail revealed itself on Tuesday March 20th when Senator Mark Pryor (D-AR) appeared on MSNBC's Hardball to discuss the recent purge of several US Attorneys by the Bush Administration. Host Chris Matthews opened the segment by asking Pryor how much he knew about the White House's decision to replace the US Attorney in his state, Bud Cummins, with one of Karl Rove's associates, a partisan operative named Tim Griffin.

Pryor criticized the Attorney General for firing Cummins and replacing him with Griffin, who had very little professional experience in Arkansas and had only recently moved there when Cummins was fired in December of 2006. Cummins, on the other hand, whom George W. Bush himself had appointed in 2001, had been well respected, competent, and non-partisan (despite personally being a Republican).

But the real bombshell came near the end of the interview....

{Ed Note: All of the signed DVD premiums we had available have now been spoken for. They will soon be on their way to the folks who got in in time. Thanks to all for the support!}

The tremendous, if extraordinarily disturbing, HBO documentary Hacking Democracy is finally being released on DVD this week. I reviewed the film for ComputerWorld, just before its premier in the days prior to the November 2006 election --and just after Diebold's inane and embarrassing attempt to try and force HBO into not letting America see it. (Sorry Diebold, you lost, get over it, move on, fix your shitty voting machines, then throw 'em out, we don't want 'em.)

If you've been living in a cave, or in San Diego, the landmark film is the harrowing detective tale of Election Integrity advocates around the country, including the crew at BlackBoxVoting.org, which eventually leads to the now-landmark Harri Hursti hack of a Diebold system in Leon County, FL, in December of 2005. The hack heard round the world completely flipped a mock election without a trace being left behind. All told in before-your-very-eyes documentary footage as the sometimes hilarious, always terrifying (at least to Democracy-lovers) events unravel.

With the release of the DVD version, the filmmakers Simon Ardizzone, Robert Carrillo Cohen, and Russell Michaels, have been kind enough to hand sign a limited number of copies for premiums to BRAD BLOG supporters! For a donation of $50 or more, we'll ship one out to you ASAP! First come, first served, so click fast (and I'll update this item when we've run out).

The NY Times' review of Hacking Democracy called it "disturbing stuff," and went on to say, "it's not shocked-shocked you feel watching this; it's genuine shock." Well, little wonder they were shocked. They ignored the issue for years on end, referring to it as "the conspiracy theories of leftwing bloggers" until the story showed up on their doorstep in movie form. But don't get me started.

No doubt the still-largely-clueless Times would be shocked again by some of the DVD Extras footage including scenes deleted from the original airing. Never-before-seen segments on the DVD include...

Guest blogged by DES

It was anything but a quiet week at The BRAD BLOG last week... Revelations continued to hemorrhage out of the Department of Justice regarding the, er, inconsistencies in statements from DoJ officials, as contradicted by their own emails in the firing of eight (or more?) U.S. Attorneys, revealing the apparent transformation of Justice into a political blugeoning arm of the Bush Administration. Brad called out People for the American Way for their troubling advocacy in favor of disenfranchising DRE touch-screen voting systems. And a new breed of honest and responsible (and female) Secretaries of State proved that voters' faith was not misplaced last November, when they voted for these reformers to restore accountability to their state governments.

The Accountability and Oversight Juggernaut continues --- woe betide those who would get in the way of these strong, honest women! Not to mention Barbara Boxer!

MONDAY, MARCH 19th...

OHIO SOS DEMANDS IMMEDIATE RESIGNATION OF ALL CUYAHOGA COUNTY ELECTION BOARD MEMBERS
Robert Bennett, Ohio's GOP Chair and President of the Board of Elections in Ohio's Most Democratic County, Vows to Stay On
Growing Battle Underscores a Host of Other Myths, Disinfo Campaigns Concerning Buckeye State Election Administration...

A Challenge to Opponents of a Ban on Electronic Ballots
Seeking Just One Democracy-Serving Reason to Keep DREs Allowable Under the Holt Bill
Any takers?....
Guest Blogged by Ellen Theisen of VotersUnite.Org

U.S. Attorney Purge: DoJ Releases 3,000 Pages in Late-Night Document Dump
Conyers Statement: House Judiciary Prepared to Use Subpoena Power if Necessary...

Steve Rosenfeld Critical of Our Call for a DRE-Ban in Article Published Today at AlterNet
Says 'Voting Machine Purists Should Not Let The Perfect be the Enemy of the Good'
We Disagree With Both the Premise and the Conclusion...

TUESDAY, MARCH 20th...

SENATE JUDICIARY HEARINGS: Half a Trillion Spent in Iraq With No Controls, Leahy Introduces Oversight Bill
The Vermont Senator Says We Are Otherwise On Track to Send a Full Trillion with No Oversight Adequate to Control Waste, Fraud and Abuse...
Guest Blogged by BRAD BLOG D.C. correspondent Margie Burns

DoJ Emails: Cunningham Complained About Lam in Letter to DoJ Just Prior to His Guilty Plea
Corrupt Congressman Joined Concerted GOP Effort to Criticize Prosecutor Who Would Soon Put Him Behind Bars...

WEDNESDAY, MARCH 21st...

Brad Friedman (BRAD BLOG) v. Ralph Neas (PFAW) on Amending the Holt Election Reform Bill to Ban DRE Touch-Screen Voting Systems
As Heard on 'Ring of Fire' with RFK Jr. & Mike Papantonio: I Support Banning DREs, Neas Opposes Such a Ban, and Speaks in Support of DREs
Papantonio: 'Brad, my bet is on you on this one' ---
Audio & Transcripts Now Posted

VIDEO - Boxer Spanks Inhofe, Reminds Him Who Is In Charge During Gore's Senate Testimony Today
'You're Not Making the Rules Anymore...Elections Have Consequences,' Says Boxer

NEW CRIMINAL INVESTIGATION LAUNCHED INTO ELECTION IMPROPRIETIES IN CUYAHOGA COUNTY, OH
Election Results of Early Voting Found Printed Prior to Election Day
NATIONWIDE EFFORT? - Identical Situation Recently Discovered in Pima County, AZ...

Diebold Fails Again: Nearly 50% of DRE Touch-Screen Systems Fail Accuracy Test in Montgomery County, OH!
56 of 125 Machines Tested, after Voter Complaints, Incorrectly Registered Votes!

Waxman Letter Challenges Bush Claim of 'Unprecedented' Access to White House Officials, Information
Lists Many Clinton AND Bush Administration Officials Who Have Been Allowed to Testify Under Oath Before Congress
Cites Previous White House Disclosure of Information, Communications...

THURSDAY, MARCH 22nd...

CA50: Appellate Court Dismisses Busby/Bilbray Election Contest as Now 'Moot'
Voters, State Law, Rendered Meaningless, Plaintiffs Likely to Appeal Decision to CA Supreme Court...

FRIDAY, MARCH 23rd...

OH SOS Brunner Slams Remaining Cuyahoga County, OH Election Board Members
They Were Warned To Resign or Come What May...And So It Shall Be...

CA SoS Debra Bowen Releases 'Top to Bottom Review' Criteria for E-Voting Machine Certification in California
It's a Bad Day in Cali for Diebold and ES&S and Sequoia and Hart Intercivic...But a Great Day for the Voters!

ES&S MELTDOWN '07: Trainwreck Begins Anew as Voting Machine Company Fails in Wisconsin
Clark and Taylor Counties Short-Changed as Nation's Top Voting Machine Vendor is Yet To Deliver Materials for Election Just 12 Days Away...

SATURDAY, MARCH 24th...

One of America's Worst Elections Administrators Gets a Promotion! Congratulations Mikel Haas!
San Diego County Chief Promotes Hard Rightwing Haas to Top Executive Position in County!

BREAKING FL-13: NEW UNDISCLOSED LETTER OF AGREEMENT FROM ES&S TO STATE UNEARTHED!
Terms of 'Independent' State Run Audit, Source Code Review Dictated by Voting Machine Company to Florida State Election Director Prior to Tests of Failed Touch-Screen Voting Systems from Contested Jennings/Buchanan Election!

I'll be sitting in again this week as Guest Host on Sunday for the good Cynthia Black Nova M and Air America Phoenix' Action Point with Cynthia Black on 1480am KPHX.

This week, we'll have a live broadcast exclusive first as Diebold document whistleblower Stephen Heller will be LIVE in studio to be interviewed on air for the first time! We'll also take your calls! As well, CODEPINK's Jodie Evans will join us to discuss the Democrats courageous Iraq Policy, or lack thereof. Don't miss it! More details follow...

The private voting machine company which manufactured the touch-screen hardware and software used during Sarasota, Florida's contested District 13 Congressional election between Christine Jennings (D) and Vern Buchanan (R) sent a letter in December of 2006 to David Drury, the chief of the state's Bureau of Voting Systems Certification, dictating the terms of the state-run audit convened to investigate the causes for massive undervote rate which seems to have tipped the election.

The extraordinary 3-page letter (posted in full at the end of this article) from Electronic Systems & Software, Inc. (ES&S) Vice President, Steven Pearson, is described as an "agreement" and instructs Drury on what may and may not be disclosed in the state's final audit report regarding the investigation.

The audit, for which ES&S was dictating terms to the state of Florida, was of their own voting systems used in the disputed race where 18,000 undervotes were discovered in the FL-13 election. The race was ultimately certified by the state with a 369 vote margin in favor of the Republican Buchanan, and is currently being contested in state court, and in Congress under the Federal Contested Elections Act.

"David, below are ES&S source code review guidelines for the conduction of any review of source code to be performed by the Department of State and any agent acting on your behalf as a result of the under vote investigation from the Sarasota County mid-term election. It is our desire the methodology and focus of the review be performed in a manner that incorporates the items described below," the agreement begins, before including a long, bullet-pointed and very narrow litany of specific dictates concerning what may and may not be done and/or discussed by the state-convened panel of investigators in their final report...

From the San Diego Union-Tribune today:

In the North County Times' report on same, which focused on the difficulty the county may have in finding a replacement for Haas, and bothered, (unlike the as-ever rightwing U-T's coverage above) to note just some of the fire that Haas has been under for his horrible performance as head of elections in SD, added:

A "troubleshooter" indeed, for the hard rightwing San Diego County administrators.

A quick review of a just a few BRAD BLOG items concerning Haas will inform the initiated about one of America's worst, most dangerous, partisan Elections Administrators and the disaster that Diebold's man in San Diego has been for the voters of San Diego as he's overseen/mis-managed such elections as the Busby/Bilbray race and many more.

His failures have led both Democrats and Republicans to call for his resignation. Little wonder then, here in Bush's World, that he's now been rewarded for his bad work. Can the Medal of Freedom be far behind?

Heckuva job, San Diego!

If you missed our coverage of the concerns about the positions on Election Reform by People for the American Way (PFAW), including their advocacy of dangerous touch-screen DRE voting systems which originally ran here a couple of days ago, you've got another chance. AlterNet is now running the article from their front page today under the title "An Opposing View on the Progressive Voting Machines Debate."

As with the original, it includes the links to the audio and transcripts of both PFAW Executive Director Ralph Neas's and my appearances on Ring of Fire with RFK Jr. and Mike Papantonio, so you can decide what's going on here for yourself.

And if it wasn't 100% clear in the article originally, PFAW does not have the same position as some of the other groups (like Common Cause, VoteTrustUSA, MoveOn, etc.), who are generally opposed to DRE use, but have been afraid (for political reasons, legitimately or not) to support a ban.

PFAW, to the contrary, is actually advocating the use of DREs in their position and arguments to back it up.

I'm happy to run a response from Ralph or PFAW if they'd like to contact me in order to clarify anything they feel I've misrepresented. That was not my purpose. Similarly, my purpose was not to attack them, but to discuss openly what I see as a very troubling position that I spent much time trying to figure out --- and work out --- privately, before Ralph's public interview on RoF made it necessary for me to respond in kind to help clarify what seems to be going on here...

Blogged by John Gideon, VotersUnite.Org

The country's largest supplier of voting machines, ES&S, is at it again. BRAD BLOG readers will remember last year's extraordinary string of ES&S failures and meltdowns week after week during the primary elections and then general election across the country. Last year the excuse for late delivery of materials and other related failures in scores of states and counties was that everyone wanted materials all at the same time and ES&S was just too busy. So what's their excuse this time?

According to John Washburn's excellent blog Washburn's World, election officials in Clark and Taylor Counties in Wisconsin are still awaiting delivery of Personal Electronic Ballots (PEB), memory cards, and paper ballots, and they have an election in just 12 days; April 3...

"Clean up politics. Elect Women." Indeed.

In our second "New Female Secretary of State Kicks Ass, Cleans Up Mess Wrought by Male Predecessor" story of the day, California's own Debra Bowen issued her draft criteria to be used for the first-of-its-kind, "top to bottom review" of all electronic voting systems she promised just before taking office. And the electronic voting machine companies ain't gonna like 'em. But we do.

"The review is designed to restore people's confidence in the integrity of our electoral process," Bowen said in a statement issued yesterday to announce the criteria and her call for public input, "Every California voter has the right to have their vote counted as it was cast."

Imagine that. Am I dreamin'?! The criteria are now posted here [PDF] for public comment.

And, oh, man...Here's just a taste. From the "Security Standards" section...

The criteria are virtually the same for op-scans and central tabulating systems. And from the "Security Testing" section (Jeff "1000 to 1" Stone of Riverside County is not gonna like this)...

Now we're getting somewhere! And we're also reminded why Bowen was the only candidate ever officially endorsed by The BRAD BLOG!

"I want input from as many people as possible "“ voting rights activists, county elections officials, and anyone else who wants to offer an opinion," said Madame Secretary, putting the voting rights folks first for a refreshing change, in her statement.

Input on the draft criteria can be sent here: votingsystems@sos.ca.gov. The criteria for California, or as Diebold refers to it, "the world's largest voting market," will be finalized by April 6.