Blogged by Brad Friedman from the road in Oklahoma...

"By November 2008, every voter would be given a verifiable paper ballot," Congressman Rush Holt (D-NJ) lies to Steven Rosenfeld at AlterNet today concerning his flawed Election Reform Bill (HR811) which is still pending in Congress.

Despite the comments to Rosenfeld, Holt's legislation does not require a "paper ballot" --- no matter how many times he tries to put lipstick on that pig.

The state of California recently found the very voting systems Holt is pushing to see used across the entire nation to be easily hackable and not in compliance with federal requirements for disabilities voters. The state also found the "paper trail" that Holt's bill is to require for such systems, and which California already uses, cannot stop the tampering with votes found to be so easy on such systems.

Despite CA SoS Debra Bowen having decertified and severely restricted the use of Direct Recording Electronic (DRE, usually touch-screen) voting machines with so-called "Voter Verified Paper Audit Trails" (VVPATs) last Friday --- as the Holt bill would allow for use --- and despite her having found that such paper trails do not protect voters and do not even meet minimal disabled accessibility standards, Holt continues apace to push his paper trail bill.

California's unprecedented independent study and actions "just adds more weight, more urgency to the need to pass federal standards," Holt told Rosenfeld concerning Bowen's appropriate decision to restrict the use of the systems. "We can't go into another federal election with machines that do no allow voters to verify their votes," he said --- despite the fact that his legislation does exactly that.

While Holt continues his disappointing campaign to deceive voters, media, and Congress Members into believing that "paper trails" are actually paper ballots, America seems to be moving on without him for the time being. In addition to the new restrictions in California, the use of DREs was recently banned entirely in Florida and New Mexico, and other states are re-evaluating their use of such systems.

HR 811's most powerful proponent/advocacy-group inside the beltway, People for the American Way (PFAW), is on record as preferring non-verifiable DRE voting systems over real paper ballots. They'd both do well to reconsider their positions, and adopt the voters' desire for paper ballots --- ones which are actually counted --- and a full ban on DREs.

Mr. Holt: Your deceptive misuse of the words "paper ballots" is a dog which no longer hunts. Please stop it.

[DISCLOSURE: I was asked to work with Holt's office on the language in HR 811 prior to its introduction in the U.S. House. Though I strongly urged they ban the use of DRE systems, that particular recommendation was not taken. I was, however, told that if I could convince PFAW to accept such a ban, they'd adjust their legislation immediately. So far, that has yet to happen. PFAW can be reached at PFAW@PFAW.org.]

Blogged by Brad Friedman from somewhere in Oklahoma...

The shameful assault by California Elections Officials on the state's voters in the wake of CA Sos Debra Bowen's correct, yet courageous, decision to decertify and then limit the use of Diebold and other vendors' unreliable, hackable touch-screen (DRE) voting machines continues.

According to yesterday's LA Daily News, Conny McCormack, the Registrar of Voters in Los Angeles County, is very, very concerned...about profits for Diebold!

Why is McCormack "so protective of the vendors," as Molina asks? The answer may lie in determining whom McCormack is really working for.

She's supposed to be working for the voters, of course, not the vendors. But that's never stopped Conny, apparently. Here's Cover Girl Conny as she appears on the Diebold sales brochure to help them sell their voting systems...

McCormack has, of course, joined --- and even led --- the state's Elections Officials in their the outragous (and fallacious) attacks on Bowen, the state's chief Election Official.

In the meantime, McCormack hasn't bothered to attack either Diebold for lying to her and us about the security of their voting systems, or ES&S --- the vendor of her paper based voting system, used by most Los Angelinos --- for refusing to supply their op-scan source code, as per state law, for Bowen's "Top-to-Bottom Review." The ES&S InkaVote system has therefore been completely decertified for the moment.

The vendors lie and withhold information illegally, but Conny continues to fight for them and their profits. Not one word on behalf of the voters. What a disgraceful display.

Guest Blogged by Alan Breslauer

A Transcript of the segment of Lou Dobbs is below

Blogged by Brad Friedman from Plano, TX...

Staying, as we were for a few days, just about five minutes from Diebold Election Systems, Inc., headquarters in Allen, Texas, we thought it might be nice to drive by and see the old place for ourselves late last Saturday night...

Filed by Brad Friedman from Diebold Country (Plano, TX)...

There have been some first class examples of horrendous journalism in the wake of CA SoS Debra Bowen's historic attempts to begin righting the e-voting wrong late last Friday Night. (You can see a bunch of them for yourselves linked in John Gideon's 'Daily Voting News' yesterday.) In story after story, Election Officials --- most ubiquitously Steven Weir, Registrar of Contra Costa and President of the California Assoc. of Clerks and Elections Officials (CACEO), but many others as well --- and Voting Machine Spokesliars are directly quoted making one demonstrably false statement after another.

The majority of the journalists covering the beat don't seem to have a clue that they are being lied to, or how to counter it. A good start, however, would be to improve the ratio of Vendors/Elections Officials quoted to the number of Election Integrity advocates quoted. In many of the stories, there is barely a peep from the EI folks, who actually know what's going on (versus the Journalists who don't, and the Election Officials and Company Employees who are willing to lie to them). There is also a dearth of reporting on the opinions of actual voters and how they feel, since they are the ones who will be most notably affected by Bowen's long overdue changes to the Golden State's voting system.

Of all the stories we've reviewed since Friday, however, this Sunday piece from John Wildermuth in the San Francisco Chronicle easily takes the cake for the most atrocious reporting, perhaps ever.

In his incredibly unbalanced, anti-Bowen article --- featuring the biased, misworded, and unsupported headline "Touch vote machine ban hurts counties" --- Wildermuth offers an astounding bit of "reporting" on Bowen's new restrictions for Direct Recording Electronic (DRE) touch-screen voting devices made by Diebold and Sequoia. In order to marginally meet federal requirements for a single disabled accessible voting device in each polling place (even though Bowen found that these systems do not meet such requirements), she's ordered no more than one such DRE device be used per polling place in counties who wish to deploy them for disabled voters.

Hold onto your hats, because Wildermuth, incredibly, mis-reported the point this way (emphasis added)...

Blogged by Brad from the road...in Texas...

Now UPDATED with a response from Hinchey's office. See update at end of article.

Democratic members of the U.S. House and Senate have announced they are prepared to issue a very, very stern slap on the wrist to George W. Bush, Dick Cheney, and Alberto Gonzales.

Moments ago, in a joint news release (posted in full below) issued by Sen. Russ Feingold (D-WI) and Rep. Maurice Hinchey (D-NY), it was announced that Censure resolutions, which have absolutely no force of law or actual consequences if passed, would be brought against the three men in both chambers.

"From misleading this country into invading Iraq to establishing a warrantless domestic spy program, this White House has continuously misled and deceived the American people while disregarding the rule of law that guides our democracy," says Hinchey in the statement.

Of course, it could be argued that a resolution of Censure, in lieu of a trial on Articles of Impeachment, is one of the only ways the U.S. Senate can bring some form of historic accountability to the three accused men until such Articles of Impeachment are sent to them by the U.S. House. But where the Senate may be limited in that they cannot bring their own Articles of Impeachment, the U.S. House has no such excuse.

The Censure resolution brought by Hinchey seems to fly in the face of his own comments on the Peter B. Collins Show just weeks ago when he said that this administration was "the most impeachable in the history of our country." From the transcript/audio of the interview:

And yet, Hinchey is now supporting only Censure, apparently.

If Hinchey and his 19 co-sponsors in the House believe the White House needs condemnation for the points they describe in their resolutions of Censure --- which read like a swell description of Impeachable High Crimes and Misdemeanors --- then they have little excuse not to perform their Constitutional Duty and bring forward Articles of Impeachment in the House for this precise set of serious crimes which, as Hinchey said, "disregard the rule of law that guides our democracy."

Then again, courage of conviction is not something Democrats are too often accused of.

While we were unable to reach the White House for comment, we are fairly well able to anticipate their expected reaction to the Democrats latest attempt at "accountability":

The press release from Feingold and Hinchey, announcing Censure Resolutions in both the House and Senate, follows in full below. Following that is an update with a response from Hinchey's office to the comments above...

Blogged by Brad Friedman from Plano, TX...

"Compassionate Conservatism" at work.

Dallas Morning News reports today that there were 2000 confirmed allegations of kids in the Texas juvenile penal system who were beaten and molested by those who were supposed to be protecting them between Jan 2003 and Dec 2006.

The U.S. Justice Department knew about it and declined to prosecute. 2000 cases.

Notably, one of the sick and twisted "voter fraud" zealots at the U.S. DoJ, Bradley Schlozman, also finds his way into the middle of this story. As the Morning News, who spent three months on their investigation, reports on the ignored cases of rape, abuse, and manipulation of these kids:

The U.S. Attorney in San Antonio, Johnny Sutton, who received the case referral is "chairman of the U.S. attorney general's advisory committee and a Bush family friend." He declined to prosecute, on the grounds that no federal laws were broken by the detailed cases of sexual abuse in which "victims revealed that none sustained 'bodily injury'...None of the victims claimed to have felt physical pain during the course of the sexual assaults which they described."

The Bush Administration, and their DoJ, have similarly parsed the definition of "torture," claiming that if there's no permanent bodily injury, it couldn't be "torture."

No doubt "the president's conservative religious base" is prouder than ever of their man.

We concur...

(Hat-tip, as ever, to BRAD BLOG Toon Sherpa Pokey Anderson!)

Guest Blogged by Alan Breslauer

Blogged by Brad from Texas...

Meanwhile...Back in Florida's 13th Congressional District, where Christine Jennings has already announced plans to run again in 2008 for the seat she almost certainly already won in 2006, but hasn't been allowed to sit in it due to ES&S's touch-screen voting machines standing in the way of democracy...

That, from Sarasota Herald-Tribune, despite Sarasota County's still-unresigned Supervisor of Elections and democracy-hater-in-chief, Kathy Dent hiding shamelessly behind the skirts of the flawed and misrepresented state-convened "audit" of the voting systems used in her disastrously run election. The federal investigators from the GAO seems to be countering the state's and Dent's assertions that their own review proved that 'there was nothing wrong with the voting systems.'

Our sources say that the GAO reports that "gaps" were found during their investigation. Though --- as with nearly everything involving E-voting --- the investigation into what happened last November is shrouded in secrecy for now. So it remains unclear to the lowly voters as to what those "gaps" are that the GAO has discovered and which may have aborted their preferred choice of representation in the U.S. House...

By Brad Friedman from Plano, TX, with help from Emily Levy of VelvetRevolution.us and Tom Courbat of SAVE R VOTE...

In a dramatic late-night press conference, California Secretary of State Debra Bowen decertified, and then recertified with conditions, all but one voting system used in the state. Her decisions, following her unprecedented, independent "Top-to-Bottom Review" of all certified electronic voting systems, came just under the wire to meet state requirements for changes in voting system certification.

Bowen announced that she will be disallowing the use of Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the Diebold and Sequoia companies on Election Day, but for one DRE machine per polling place which may be used for disabled voters. The paper trails from votes cast on DREs manufactured by those two companies must be 100% manually counted after Election Day. DREs made by Hart-Intercivic are used in only one California county and will be allowed for use pending security upgrades.

The InkaVote Plus system, distributed by ES&S and used only in Los Angeles County, has been decertified and not recertified for use after the company failed to submit the system source code in a timely manner to Bowen's office. LA County is larger than many states, and questions remain at this time as to what voting system they will use in the next election.

As The BRAD BLOG has been reporting in great detail for the past week since the reports were released, the "Top-to-Bottom Review" had found that all Electronic Voting Systems certified in California were easily accessible to hacking. A single machine, the testers discovered, could be easily tampered with by an Election Insider, Voting Machine Company Employee, or other individual in such a way that an entire election could be affected without detection.

In Bowen's conditional recertification she re-iterated that "expert reviewers demonstrated that the physical and technological security mechanisms" for the electronic voting systems "were inadequate to ensure accuracy and integrity of the elections results and of the systems that provide those results."

The Certification/Recertification documents for each of California's voting systems, including security mitigation procedures and other requirements for use, are now posted on the CA SoS website. The documents, in and of themselves, offer devastating indictments against the security and usability of each of the systems as revealed during Bowen's independent University of California "Top-to-Bottom Review."

Bowen, a Democrat, was elected last November largely on her promise to re-examine the state's voting systems. In an upset victory, she defeated Republican Bruce McPherson who had been appointed as Secretary of State by Gov. Arnold Schwarzenneger. McPherson had been very friendly to the voting machine vendors, allowing for the continued use of virtually every e-voting system submitted for state certification. Several of those systems had been previously revealed to have had grave vulnerabilities and included source code which was in violations of federal voting systems standards and in violation of state law.

The late-night press conference, following Bowen's decisions, was held at the SoS's office in Sacramento at 11:45pm PT, just in time to meet the state law requiring a six-month notification, prior to an election, for changes to certification of voting systems. California's Presidential Election Primary was recently moved up several months by the state legislature to February of '08.

The BRAD BLOG was able to listen in to the presser via a poor cell phone connection out of Bowen's office. As best as we were able to transcribe, these are our notes from Bowen's announcement and the questions from the media which followed...

Direct Recording Electronic (DRE/touch-screen) voting systems decertified and recertified for use by disabled only.
100% manual count for Diebold and Sequoia DREs.
One machine per polling place.

Diebold "“ Optical scan system: "“ decertified and recertified only if meets certain requirements.

Diebold TSx DREs "“ decertified and recertified subject to certain conditions. Only one machine in a polling place for use by disabled voters. Reduces risk of viral attacks that could infect central equipment.

Sequoia "“ Optec optical scan: "“ decertified and recertified "“ subject to conditions

Sequoia AVC Edge I and II (DREs) "“ decertified and recertified with a number of security requirements including only one machine in each voting location to allow independent access by disabled voters "“ concern regarding corruption of software and source code

Hart Intercivic "“ eSlate DRE: Used only by one county "“ decertifying and recertifying subject to security requirements. Has the least risk of the three systems.

ES&S InkaVote Plus - optical scan: (LA County only) "“ ES&S ignored my March demand to submit source code. ES&S eventually submitted source code too late for t2b review. Therefore, "I am decertifying the InkaVote Plus without recertification."

Voters are victims of federal certification process that has not done a job of assuring machines are accurate, accessible, secure.

I reject the notion that I should not require changes in systems solely because we already own them. She compares it to a recall of cars....When NASA finds a problem, they don't continue just because they've already spent the money. They scrub the mission and spend the money to get it right. We must do same with elections.

Blogged by Brad, just minutes down the road from Diebold Election Systems Inc. in Plano, TX...

[UPDATED MANY TIMES. ANNOUNCEMENT NOW TO COME AT 11:45pm PT, ACCORDING TO SOS OFFICE. SEE BOTTOM OF ARTICLE FOR LATEST UPDATES. DETAILS OF PRESS CONFERENCE NOW POSTED HERE.]

We were hearing "five o'clock hour." Now, the latest we're hearing for CA SoS Debra Bowen's announcement about what she plans to do with CA's electronic voting systems in light of her "Top-to-Bottom Review" (news of which has all but taken over The BRAD BLOG for the past week or so) is "around or after six PM tonight."

That would be 6pm Pacific Time. Around or after. We will, of course, let you know whatever we learn as soon as we learn it.

To review: Bowen has essentially three basic options that she can choose to make...

a) Do nothing, let everyone use the previously certified crappy, hackable, non-disabled accessible voting systems as are.
b) Decertify any or all of those systems.
c) Re-certify any or all of the "conditionally" with new security mitigation procedures in place --- such as no more voting machine "sleepovers," extra-large post-election audits, etc --- long enough to get the state through the February '08 primaries and/or November '08 general elections.

Or any combination of any of the above.

The SoS office is being exceptionally tight-lipped about their plans. And so, on pins and needles, we wait...Stay tuned...

UPDATE: By the way, while we're waiting --- and as I am currently parked literally minutes from the main headquarters of Diebold Election Systems, Inc., in Plano, TX --- feel free to check out their main web page. I don't know about other browsers, but using Firefox, all kinds of HTML code is sticking out that shouldn't be visible. These jackasses can't even code a webpage and we're relying on them to code our elections?! Oh, please someone save me...

UPDATE 5:50pm PT: Also, while waiting, you might enjoy this:

Nice that Hoyer and friends have the luxury of voting later and/or re-voting if they feel like it after their voting computer breaks down. Would that every American...

UPDATE 6:26pm PT from Emily Levy: Bowen press conference to be streamed live San Francisco Air America affiliate KQKE (960 AM) announced they will interrupt regular programming with the press conference when it takes place. However, no time has yet been announced. KQKE can be streamed online right here. (Click on "Listen Live.")

UPDATE 7:00pm PT: The good John Gideon reminds us that Bowen has until Midnight tonight (Pacific Time) to make her decisions. It's getting late here in TX, so we'll hope she doesn't wait that long. Her staff is still being frustratingly tight-lipped as of the past few mins...

UPDATE 8:33pm PT: Yes. In case you were wondering. We're still up and waiting...

UPDATE 9:49pm PT: More to look at while you wait...A 'Toon of the Moment' if there ever was one...

Comments below have become an Open Thread with guesses, speculation, and other questions about what Bowen may or may not do...Join us if ya like...

UPDATE 10:15pm PT: This just in via email from Bowen's press office:

UPDATE 11:15pm PT: Word just in from Bowen's office. Announcement to come (emphasis in original) "TONIGHT at 11:45 p.m." Here's the full press release...

Blogged by Brad from deep in the heart of Diebold Country Texas...

The Source Code Review sections of CA SoS Debra Bowen's independent "Top-to-Bottom Review" of voting machines were released yesterday after being scrubbed of some of the more dangerous, specific "road-maps" for hackers.

As expected, the reports are exceedingly troubling and damaging to the entire failed e-voting industry and Diebold, once again, is shown for the menace to democracy that its once-good name has now come to signify.

As reported by PCWorld...

Voting machine "sleepovers," anyone? (Yes, we're talking to you Mikel Haas, Deborah Seiler, and Michael Vu in San Diego!)

And finally, there's this --- bolding added so it can be seen easier by members of CONGRESS...

Got that, Mr. Holt and Ms. Feinstein?

And with that, we eagerly await Bowen's fateful decisions, due today, on what to do with California's electronic voting systems. She may choose to do a) nothing, b) decertify, or c) recertify with new conditional security elements. Today is Judgement Day. Stay tuned...

Special to The BRAD BLOG by Emily Levy

"The part what really makes me mad is the part that I don't know who hit me. You know, it might sound weird, but that'd be a little bit of closure for me to know who done it. You know, because when I got hit, and I hearin' somebody clicking a gun by my head about three, four times, and that gun not going off. You know, for a lot of years I've been hearing that click and I've been hearing that gun going off. Jumping up out of my sleep."
--Larry Young, July 2007, 18 years after he was attacked in the parking lot of a Savannah, Georgia Burger King.

You might think Larry Young would know who hit him, because two weeks ago the man who was convicted in the case came within 24 hours of being executed by the State of Georgia. But Larry Young doesn't know because he, like nearly all the witnesses whose testimony originally convicted Troy Anthony Davis of the assault on Young and the murder of a white police officer that night, doesn't believe Davis is guilty. Next week, the testimony these witnesses want to give, testimony that will show their original "witness statements" were coerced by police, will finally be heard.

On August 19, 1989, Larry Young, an African American man who was then homeless, was assaulted in a Burger King parking lot by two or three men. He was hit in the head by what is believed to be a gun. As Young described to The BRAD BLOG in a phone interview, he fell to the ground, bleeding. Someone held a gun to his head and tried to shoot him, but the gun didn't fire. Young's friend dragged him away from the assailants. Before they got far, they heard two gunshots. Police officer Mark Allen McPhail had been killed.

Young himself was detained that night, he told The BRAD BLOG. "The blood was just steady fallin', sort of fallin' "¦ The police grabbed me, threw me on the car, handcuffed me and threw me in the police car. And I was back there for about a hour and a half, maybe about a hour and a half. And I kept telling 'em, you know, I needed some medical attention."

The police took him in for questioning, refusing him medical care until he signed a statement implicating Troy Davis, a man he says he never saw that night, in his attack and the killing of Officer McPhail.

Young told The BRAD BLOG, "So whatever statements that they made me take, I mean, it was just a lot of statements made like, 'Well, you give me a statement of what you need, what we need, and then you'll go to the hospital.' So therefore whatever the statements were that was given was not accurate statements. ... I'm concerned ... about my health, you know. And I'm hearing these clicks in my head still, you know what I'm saying, sitting up there, I'm pretty much kinda scared. So I just pretty much signed what they wanted me to sign and whatever went on the courtroom, you know, I mean it was all pretty much like coerced."

On evidence like this, the State of Georgia may send Troy Davis to his death?...