Let's start with Krugman's "When Votes Disappear":

"In danger of becoming..."?!! Okay, it's Thanksgiving weekend, so we'll just be thankful Krugman has decided to finally notice.

He also notes the concerns about the very partisan (natch) Prof. Alec Yasinsac whose been placed in charge of Florida's state investigation despite having "made an appearance on the steps of the Florida Supreme Court during the 2000 recount battle wearing a 'Bush Won' sign," as Krugman reports.

We'll also note that Livermore Labs' Prof. David Jefferson, who spent the last two weeks in Sarasota himself writes in several comments here at The BRAD BLOG that he is more optimistic about Yasinsac and the state investigation over all. Johns-Hopkins computer scientist Avi Rubin reports a similar sentiment on his blog today, defending Yasinsac and concluding about Krugman:

While we certainly hope that the Jefferson/Rubin evaluation/hopes end up being the correct ones, we're not sure they are keeping in mind the necessity of even the appearance of impartiality here.

If Yasinsac's group finds trouble in the machines, great. It can be said that even a tream led by a Republican partisan agreed the machines were to blame. On the other hand, if Yasinsac's group concludes there was no problem with the machines, the analysis will receive no confidence from the general public...where such confidence is much needed right about now.

Yasinsac should recuse himself from the team of analysts for exactly that reason, even if the rest of his team at Florida State University --- whom Rubin regards as excellent --- stay on the job. The same is true, and for the same reason --- as we discussed the other day --- for David Drury, who is also on the team, even though he is the man responsible for certifying these paperless ES&S touch-screen systems in the first place for the state of Florida. A "machines worked fine" conclusion from the team, as long as both Drury and Yasinsac are on it, will be regarded as partisan and/or self-serving. Whether it actually is will be completely beside the point.

Moving on then...Even WaPo's E.J. Dionne is beginning to get it. Today, he writes something remarkably similar to what I wrote for ComputerWorld on the day after the election about the huge bullets that the nation just happened to dodge on November 7th. Here's Dionne this morning...

Other than that...What are you thankful for this weekend? Consider it an open thread...

Of course, we've been covering Christine Jennings's (D) refusal to concede and her stand in favor of the voters in the FL-13 fiasco. And though we haven't mentioned it lately, vote-rigging whistleblower Clint Curtis (D), rather than conceding, is convening a group of volunteers to verify the reported "results" of his race against the corrupt Tom Feeney (R) in FL-24.

But several other House candidates, from North Carolina to Ohio (but not New Mexico), are still fighting to assure the voice of the voters is accurately heard...

Sarasota's Herald-Tribune has emerged as the bible of local, and in-depth, coverage in the FL-13 undervote fiasco. Today, however, the Orlando Sentinel published the results of an audit of "records of 17,846 touch-screen ballots that included no vote in the tightly contested 13th District congressional race to determine whom voters selected in other major races." They find that those ballots strongly favored the Democrats:

The Herald-Tribune editorial board today correctly writes that "Jennings Should Not Concede" as they argue there is "too much room for doubt about election's true outcome."

And finally, for the moment, one of the groups involved in the voter lawsuit --- which calls for an investigation and a revote in the election where 18,000 votes went "missing" with the margin between the two leading candidates at just below 400 votes --- charges that the state-convened audit committee is cooked (no suprise, this is Florida after all). In a news release sent to us moments ago, and posted in full below, People for the American Way reports that committee member David Drury, the man responsible for certifying voting machines for the state of Florida, clearly has "a vested interest in finding that the [paperless ES&S touchscreen machines used in FL-13, which] he certified functioned properly." Additionally, the PFAW release points out, Drury is also responsible for approving the shipment and "illegal distribution" of uncertified voting machines to the state of Florida.

Oh, and Sarasota County's Supervisor of Elections, Kathy Dent, has still not resigned. Just thought we'd mention that.

The complete PFAW press release follows in full below...

Dear Judges: You may as well make swift and unambiguous decisions that lead to the end of E-voting in America as we know it. For your own sake, and that of the court docket, sooner would be better than later.

Elections Officials can't do it themselves because it would be tantamount to admitting they failed in their only job: to ensure free, fair, and accurate elections. Of course they have failed, but they've already staked their careers on millions in state and local dollars, robbed from unsuspecting taxpayer constituents. Admitting that fact out loud would mean that most of them would (deservedly) be run out their jobs faster than Diebold or ES&S or Sequoia spokesholes can dutifully tell AP: "our voting machines work fine, the problem is human error!"

Until you folks on the bench end this nightmare forever, you will keep finding only more and more such suits like the one mentioned below in Georgia (and dozens, if not hundreds more like it) month and after month, year after year, election after election, hitting your docket until this mess is solved once and for all.

Underscoring what The BRAD BLOG has been saying for years --- that this is not a matter of Left versus Right, but rather a matter of Right versus Wrong --- Democrat, Republican, and Independent candidates have now joined the suit to put an end to Diebold's paperless E-voting in the state of Georgia...

How much longer are we all gonna play this game? How much longer can American democracy take it? Complete story on the GA suit is here...

In an exclusive statement sent to The BRAD BLOG earlier today excoriating the privatization of America's voting system, whistleblower Stephen Heller says, "Diebold has shown they cannot be trusted to run elections in America."

He oughta know.

As we reported last night, Heller pled guilty yesterday in an agreement with Los Angeles prosecutors, after his arrest earlier this year on felony charges related to his release of attorney-client privileged documents he obtained while working as a temporary word-processor at Diebold's law firm, Jones Day.

The agreement, which required him to sign an apology, pay $10,000 in restitution, and not discuss the documents he released, may also allow Heller's felony conviction to be reduced to a misdemeanor charge after one year of "good behavior."

As well, in exchange for Heller's signed apology and commitment not to discuss the documents themselves (which are already publicly available since he released them originally to both the media and Election Integrity activists), Jones Day signed an agreement that they would not sue him in civil court in the matter.

In a phone call this afternoon, Heller explained Diebold's enormously powerful law firm --- where he had worked at night while pursuing an acting career by day --- had informed him that they'd planned to convert any criminal felony conviction in the case into a civil suit. Had the case gone to trial, he explained, and been successful, Jones Day had promised a lawsuit claiming losses of "well over a million dollars." Such a suit "would have left my wife and I impoverished for the rest of our lives," Heller says.

He went on to tell us that the plea deal conviction was characterized by his attorneys as a "wobbly felony" --- one that will likely be reduced to a misdemeanor after a year, as long as he "doesn't do anything bad." He quickly added, "which I have no intention of doing."

A court date of Nov. 15th, 2007, has been set to review the case in order to determine if the sentence will be reduced and, among other things, allow Heller to have his right to vote in California restored!

"Yes, I am now a disenfranchised voter as a convicted felon," he told us today with no small amount of irony in his voice.

Despite California having decertified Diebold voting systems in 2004 after Heller's release of documents showing the voting machine company had violated state law and that they may have been planning to lie about it to state officials --- and even after the state and election watchdog BlackBoxVoting.org eventually agreed to settle a fraud complaint with Diebold for $2.8 million dollars in the bargain --- Heller is, for the moment, unable to vote in the Golden State due to his conviction.

All of this, of course, despite those who've denounced the arrest of Heller on the grounds that they believe, as we do, that he is an heroic whistleblower who exposed important information --- illegally or otherwise --- because it was in the best public interest of the country.

California does have a "Whistleblower Law," which prevents employers from exacting retribution against an employee who "has reasonable cause to believe that the information [being released] discloses a violation of state or federal statute." That law, unfortunately, doesn't seem to apply to apparently over-zealous County Prosecutors such as Los Angeles's Steve Cooley.

Heller has promised that he will share "the whole story" with us in a Guest Blog special to The BRAD BLOG after the holidays.

In the meantime, however, his agreement at least does not keep him from speaking his mind about Diebold, electronic voting, or the private corporatization of our public democracy. Earlier today, Heller followed up on his promise of last night and emailed us the following statement with his opinions of the current state of our electoral system in America:

The BRAD BLOG wishes to express our deepest and most heart-felt gratitude to Heller for his courageous and selfless act of civil disobedience. As bad as our electoral system is now...and make no mistake, it is in tatters...we shudder to ponder the state we'd currently be in without patriots like Heller who continue to fight for free, fair, honest, and transparent elections in America --- at no small cost to either themselves or their families.

On behalf of The BRAD BLOG and likely millions of democracy-lovin' Americans: Thank you, Mr. Heller.

UPDATE 8:48pm PT: Oakland Tribune's Ian Hoffman is the first MSM'er out of the box to pick up on this story. Hoffman first reported on Heller when when the Trib ran the Diebold documents given to them while Jones Day sued to stop them. His coverage tonight is quite good and worth the read.

Details follow below the fold on the voters' lawsuit filed today calling for an investigation and full re-vote in the FL-13 U.S. House race between Christine Jennings (D) and Vern Buchanan (R). There are currently 363 votes between the two of them, with more than 18,000 votes unaccounted for on the paperless ES&S touch-screen systems used in Sarasota County. We'd give more of a recap of our story so far, but the press release from the four non-partisan groups who filed the case --- Voter Action, Electronic Frontier Foundation, ACLU, and People for the American Way (Florida) --- does a great job in summarizing the issues. We recommend you give it a read.

For our complete FL-13 coverage, you may click here for all of our stories to date, in reverse order.

UPDATE: The full complaint is now available for download here [PDF].

One point, however, to make clear, especially in light of the many calls for Sarasota County Supervisor of Elections, Kathy Dent, to take responsbility for the disastrous administration of this election by resigning immediately: the press release notes that the legal complaint charges "misconduct by election officials" and "evidence that legal votes were rejected in sufficient numbers to place in doubt the outcome of the election.":

Indeed, Dent knew about the problem well before Election Day, according to her statement on this video, and yet clearly failed to take appropriate remedial steps before 18,000+ votes were lost to the ether in her paperless ES&S touch-screen voting machines.

By the way, the Democratic candidate Jennings held a press conference herself yesterday (video here) --- along with her Republican(!) attorney --- and answered to Buchanan's obnoxious press conference held earlier in the day (we covered that here.)

As far as we're concerned, Jennings, in making her pledge that she "will not rest until the intended votes are counted and every person's vote is counted and reflected accurately" --- along with her courage in not allowing herself to be pushed around by the anti-democratic thuggery of her opponent --- has shown herself to be the model of what every candidate ought to look and sound like in the wake of such a horrendously administered election, in which the ability to determine the will of the people has been so clearly subverted.

The press release from the groups filing a lawsuit on behalf of Florida's voters follows in full...

Stephen Heller, the Los Angeles whistleblower who turned over documents from Diebold's attorney, Jones Day, in 2004 showing the Voting Machine Company had illegally installed uncertified hardware and software in California --- and was preparing to lie about it --- has pled guilty, according to a statement tonight from the LA County District Attorney's office.

In an email moments ago from Heller, he tells us that he and his wife "are very happy it is over."

Heller, whose story we detailed in an article [PDF] published by Hustler some months ago, was a temporary worker at the voting machine company law firm when he stumbled across the troubling documents.

At the time, we quoted Michael Kohn, general counsel for the National Whistleblower Center, as saying, "This is a very rare instance. In fact, the only one of which I’m aware, in which a whistleblower has been charged with a felony. I find it outrageous."

Outrageous indeed --- especially considering Diebold voting systems were decertified by the state when it was found the company was attempting to game the certification process, shortly after Heller shared the documents with the Oakland Tribune and election watchdog BlackBoxVoting.org.

But Heller doesn't have the same kind of money for high-priced attorneys that Diebold does (that would be your money that Diebold uses for this sort of thing, by the way); we're not suprised he opted for the deal.

In an email message from Heller sent to The BRAD BLOG tonight, he wrote:

The LA County DA's statement says Heller pled to "unlawfully accessing the company computer in connection with its legal representation of Diebold Inc." and they quote his formal "apology" as follows:

A notice added tonight to the Stephen Heller Defense Fund website says "The case has been resolved! More details will follow soon." It goes on to thank supporters, urging them to "check back soon because Stephen is going to post the entire story here soon."

Heller tells us he's being contacted by the media tonight and plans to send a more detailed statement to The BRAD BLOG by morning.

UPDATE: 11/21/06 5:00pm PT: As promised, a new story, including a fresh exclusive statement from Heller --- concerning his thoughts on Diebold, American Elections and that he may have his sentenced reduced in a year --- is now posted here.

Phew...We're firing our lawyers forthwith...From MSNBC today...

Below are screenshots from the much-discussed first two pages of the Sarasota, Florida, ballot as seen on the paperless ES&S touch-screens on November 7th, 2006. Some 18,000 voters did not register a vote in the 13th Congressional district race between Christine Jennings and Vern Buchanan. Or, at least, the ES&S voting machines failed to register their vote in any case.

When we first received these screenshots, it took us three or four times scrolling through them before we could even find the Jennings/Buchanan race. But see below and decide for yourselves.

Several non-partisan Election Integrity groups will be filing suit tomorrow in Florida to call for a re-vote in the election. The public-interest watchdog groups claim that voters were disenfranchised by the thousands in the race due to poor ballot design and a faulty voting system. A press conference tomorrow has been scheduled for Tuesday at 1pm ET on the steps of the Sarasota County Courthouse (the news release announcing the presser is posted in full at the end of this article).

A lawsuit contesting the results and calling for a new election was filed this morning by Jennings and, as The BRAD BLOG reported earlier today, Buchanan held a press conference this morning in which he called on Jennings to "stop listening" to the Election Integrity groups which he says "have hijacked the election." (Full video, transcript here.)

Buchanan's call for Jennings to concede comes despite the 18,000 lost votes and the microscopic 367 vote margin between the two of them as reported in the now-officially certified results.

Full-sized screenshots of the complete ballot can be downloaded here [PDF, 7.5mb]. Screenshots of the first two pages, resized to fit on The BRAD BLOG --- where the Jennings/Buchanan race can be seen spilling over to the second page of the "ballot," above the more clearly defined "STATE" races follow...

UPDATE: Screenshots from the paperless ES&S voting systems, showing the controversial placement of the Jennings/Buchanan race on the ballot in Sarasota County only, are now posted EXCLUSIVELY here.

In a press conference this morning, Vern Buchanan (R) called on Christine Jennings (D) to concede in the race for the U.S. House in Florida's 13th Congressional district. In a process right out of the Bush/Cheney 2000 Florida Election debacle, the state of Florida certified the race today despite a 369 vote difference between the two and more than 18,000 still-unexplained "undervotes" registered on the paperless ES&S touch-screen voting machines used in Sarasota County.

A video of Buchanan's press conference is here. A complete transcript of his obnoxious statement follows at the end of this article.

We've stayed out of the "politics" in this race up until now, arguing only that the voters of FL-13 should have their voice heard despite overwhelming evidence of voting machine malfunction. However, given Buchanan's regrettable despicable attack on Jennings in his news conference this morning and, even more so, his attack on the non-partisan groups currently fighting for electoral integrity in the race, we've little choice but to point out the emergence of Buchanan as yet another democracy hater in Florida following the Bush/Cheney 2000 playbook almost to the reprehensible letter.

Putting his own self-interest before that of the public's, Buchanan called on Jennings "to put the interest of the public before her own self-interest," and called on his Democratic opponent --- ironcially fighting for the old seat of outgoing Katherine Harris --- to concede.

Buchanan characterized the contest filed today in court by Jennings (as we reported yesterday would be "coming soon") as "baseless litigation" and said that it's time for her to "stop listening to high-priced lawyers and out of town special interest groups who have hijacked the process to advance their own agenda."

Hijacked the process to advance their own agenda?!

Guest Blogged by Harvey Friedman (Brad's father)

ED NOTE: My dad previously guest blogged his amusing experience at the polls in St. Louis County during their primary election in August held on new touch-screen and/or optical-scan systems made by ES&S. Prior to that, it was reported he that he was instrumental in encouraging the county to not choose Diebold systems (they chose ES&S instead, for good or bad). Today, he shares his anectodes of again holding election officials' feet to the fire during the recent general election there. As he's never been an activist, or even political in anyway prior to all of this, I couldn't be prouder.

As I reviewed the St. Louis Post Dispatch on the day after the November 7th election, I was drawn to an article titled "Secretary of State Blasts County on IDs". The article said, in part:

The article went on to say that "The St. Louis County Board of Elections, which oversees the largest jurisdiction of voters in the state, is appointed by Gov. Matt Blunt."

As BRAD BLOG readers may know, Blunt's right-hand man for years on voting issues was none other than "Thor" Hearne, the self-declared "non-partisan" founder of the American Center for Voting Rights (ACVR). The ACVR has been pushing for restrictive Photo ID requirement laws all across the country since the 2004 election. Most of those laws have been found to be unconstitutional, despite Hearne – the "non-partisan" who was the national general counsel for Bush/Cheney '04 Inc. – and the ACVR's continuing attempt to convince America that there is a massive problem with voters voting twice and illegal aliens voting and so forth.

After reading the article and talking to Brad about my election day experience, it seems that perhaps others might be interested in my interesting personal experience while voting during the November 7th election here in St. Louis County....

Wow. An unexpected thrill tonight. Knocked off unusually early to get out and enjoy dinner in the Valley since it was unusually warm here today (it was pushing 90 degrees in LA this afternoon, just to rub it in for everyone who's not here.) As we finished up, we noticed that Casino Royale was starting shortly at a theater near the cafe, and having forgone so many frivolous distractions for far too long, we surprised ourselves by deciding to play hookie and duck in.

Never mind that it's the first non-political film I've been able to enjoy in heaven knows how many months (years?), but it turns out it is one of the best films I've seen in a long time. Period. Certainly in the action/thriller commercial Hollywood-a-palooza blockbuster genre...

The BRAD BLOG has learned that several lawsuits are likely to be launched this week in the Sarasota, Florida, election meltdown where some 18,000 votes failed to register on the county's paperless ES&S touch-screen voting systems on November 7th. Fewer than 400 votes currently divide candidates Vern Buchanan (R) and Christine Jennings (D), who are vying to fill disgraced former Sec. of State Katherine Harris's U.S. House seat in Florida's 13th congressional district.

A number of sources have confirmed to The BRAD BLOG that Jennings's legal team --- who previously filed court papers to impound voting machines and data for a possible investigation --- are preparing to file legal action to challenge the legitimacy of the race, perhaps as soon as this week.

As well, non-partisan legal election watchdog VoterAction.org has announced they will be filing suit this week along with People for the American Way Foundation, the ACLU of Florida, the Electronic Frontier Foundation, and Common Cause. Velvet Revolution.us (of which The BRAD BLOG is a co-founder) is also joining in support of the action. A plea to citizens by Voter Action, seeking help in funding the lawsuit, follows in full at the end of this article.

This graf, from Voter Action's announcement, is of particular note in light of our own previous call for the resignation of Sarasota's atrocious Supervisor of Elections, Kathy Dent --- the person responsible, perhaps more than any other, for leading her constituents into this otherwise avoidable debacle [emphasis in original]:

Sarasota's Herald-Tribune has been doing a very good job of covering the mess since it happened (if not prior to its occurring when something might actually have been done to avoid it).

Today, Herald-Trib columnist Rich Brooks joins the drumbeat of those calling for a full re-vote, writing this weekend: "[I]t's clear that a special election is needed to ensure a fair process. That's preferable to sending the wrong representative to Washington."

In an article on the many phone calls received from Sarasota voters detailing their experiences in trying to vote in the 13th District race, the Herald-Tribune reports today:

Clearly, had Dent simply chosen a voting technology that would have allowed voters to express their intent on a paper ballot, this mess could never have occurred. Dent has gone out of her way for years to ensure that Sarasota voters would have no way of avoiding the problem they now face. Hopefully the courts will offer a way for the voters to express their actual intent in this important House election.

And the most important hope of all: That this election underscores everything that is wrong with E-Voting in our country and that we must do away (at the very least) with touch-screen voting systems...with or without a "paper trail."

Voter Action's announcement of their intended legal action and a plea for support follows in full...