Guest Blogged by Alan Breslauer

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By Brad Friedman from St. Louis, MO...

On a recent Tuesday in August, several days after California Secretary of State Debra Bowen's pronouncement of decertification and then new, restrictive recertification of Diebold, Inc., voting systems, ten officers of the company simultaneously sold off some 10,379 shares of stock at a near 52-week high for the troubled company.

The ten Diebold insiders sold at $53.05 per share, netting more than half a million dollars in the transactions. The stock would begin to plummet nearly 15% a week later, just before it was disclosed that Diebold would spin off its elections division into a new company called "Premier Elections Solutions," after which the stock began a modest recovery.

Two days after the mass August 7th sale, two more Diebold officers would sell another 2,166 shares at the same $53.05 price.

All told, The BRAD BLOG has found the insider sales totaled $665,512 in the week before the value of the company's stock price would plunge in a massive sell-off triggered by a top financial analyst who had lowered the company's rating from "buy" to "hold."

Notably, the sales by the company officers did not occur immediately before or after the release of Bowen's findings of severe vulnerabilities in the company's voting machines, or immediately before or after her decertification/recertification announcement.

Instead, the sales came on a weekday when nothing else publicly --- other than the report we filed concerning security issues noted during our visit to Diebold headquarters in Allen, TX --- would seem to have prompted the sale.

A financial analyst that we spoke to, who asked not to be named, said he saw the spike in sales by the company officers as "a point of interest," noting "some smoke there," and adding that he found it notable that there had been no similar pattern of sell-offs by company officials in Diebold's recent history.

While the public did not yet know, on August 7th, of the impending plan to jettison Diebold's election division into a new, "independent" outfit with a new name, officers of the parent company likely had known long ago about the planned move...

By Brad Friedman from St. Louis, MO...

ED NOTE: Story now updated with additional information and statement from Secretary of State Debra Bowen.

"ES&S sold nearly 1,000 voting machines in California without telling the counties that bought them that they had never been certified for use in this state," CA Secretary of State Debra Bowen announced in a statement released moments ago. (Complete statement now posted at end of article).

"Given that each machine costs about $5,000, it appears ES&S has taken $5 million out of the pockets of several California counties, that were simply trying to follow the law and equip their polling places with certified voting machines."

"Not only did ES&S sell machines to California counties that weren’t state certified, it’s clear the machines weren’t even federally certified when the company delivered them to California,” Bowen continued in the no-holds-barred statement. "While ES&S may not like California law, I expect the company to follow the law and not trample over it by selling uncertified voting equipment in this state."

She went on to add that she intends "to go after the company for the full $9.72 million in penalties allowable by law, along with the original $5 million the company took from counties’ pockets."

She ain't kidding! ES&S, the country's largest distributor of voting machines, looks to be in a lot of trouble in California.

Earlier we reported that a public notice from the CA Secretary of State's office was posted this morning by Thad Hall of CalTech announcing that the company "has violated" CA Elections Code by modifying "hundreds of units of a version of the AutoMARK ballot marking device" without certification or permission of the Secretary of State...

Blogged by Brad from St. Louis...

Finally! Someone in the mainstream media asks the question that's been answered long ago. At least to those paying attention.

Kudos to Steven Harmon of the MediaNews Sacramento Bureau for finally discussing it out loud in the several mainstream California media outlets that ran his excellent story over the weekend.

Please go read it.

And feel free to laugh out loud at the embarrassing comments by Steve Weir, Registrar of Voters for Contra Costa, CA, and President of the CA Association of Clerks and Elections (CACEO), when he says: "Is the relationship between clerks and vendors an indication of something?...Is it pervasive and nefarious? I don't see it."

Though in the next breath Weir says: "It's been a tight-knit community for years and years, and that relationship might have been too close." Oh, do ya think?

Then comes the following guffaw, courtesy of Sequoia's professional liar/damage control expert/document doctorer, Michelle Shafer, when she says: "There's nothing odd about our relations with our customers...We support conferences and educational events that election officials and staffs attend. Without this support and sponsorship, it would be very hard for these organizations to conduct conferences or have meaningful programming."

(Please note, Shafer is now also the lead lobbyist for the Electronic Technology Council (ETC), the desperate voting machine company trade group.)

Andrew Gumbel, author of Steal This Vote, gets it absolutely right in reply when he says: "[The voting machine companies] went about selling their machines by schmoozing people into believing this would be a great American solution...Now, after they bought into this, county registrars can't tell if the system doesn't work, because it suits them so well from a bureaucratic point of view. They spent a lot of money and don't want to admit they were wrong."

Bingo.

By Brad Friedman from St. Louis, MO...

Enough. Enough. Enough already with this nightmare. It's time to decertify, ban, burn, crush, destroy all Direct Recording Electronic (DRE) touch-screen voting machines. Period.

DREs should never be allowed for use in another American election. Period.

Here's the lede from today's latest head-spinner, courtesy of Declan McCullagh at C|NET News...

ES&S machines are used in 38 states, and, of course, the ES&S spokesperson quoted in the article blames Ohio's procedures for allowing such records to be viewed by the public in the first place. Remember, the voting machine companies hate transparency and don't believe citizens should have the right to see anything concerning their own democracy.

They will also try to distract from the fact that the greatest threat to election integrity and security comes from election insiders --- such as voting machine company employees and elections officials --- rather than the public at large.

The well-reported and sourced C|NET article explains that the other major voting machine companies, Sequoia and Diebold, both deny that the same thing --- matching voters to votes --- is possible with their machines. An unnamed Diebold spokesperson, as usual, goes so far as to lie about the matter to the reporter, claiming they don't include time-stamps on the records for security and privacy reason. He/she added, "We're very sensitive to the integrity of the process."

That Diebold spokesperson is, of course, lying.

Last week, The BRAD BLOG detailed fraudulent claims on Diebold's website which said that on their touch-screen systems "the order of cast ballots is scrambled to further insure ballot anonymity." That claim runs counter to the findings of University of California's recent "Top-to-Bottom Review" of all certified voting systems in the state. The UC findings [PDF] on Diebold's voting system source code, as commissioned by California Secretary of State Debra Bowen, revealed precisely the opposite to be the truth...

TPMMuckraker has the scoop on the latest now-former U.S. Attorney to resign entirely from the DoJ in the wake of the U.S. Attorney Purge scandal. Bradley Schlozman had reportedly been under investigation by the DoJ's inspector general. Schlozman had been moved into the U.S. Attorney position in Western Missouri before subsequently bringing bogus "voter fraud" indictments in the state just prior to the November 2006 general election.

The MO indictments were in violation of the DoJ's own written rules, which disallowed such cases being brought during an election period. After leaving his post in Kansas City recently, Schlozman had been reassigned at DoJ in the office which oversees all U.S. Attorneys. He was recently called to testify to the Senate Judiciary Committee, where he was on the receiving end of angry disbelieving questions by Sen. Patrick Leahy (video of the exchange here). After the testimony, a DoJ insider told The BRAD BLOG that he found testimony to be "on the razor's edge of purjury." Schlozman would later send clarification of his testimony to the Senate Committee.

Schlozzie --- along with Hans von Spakovsky, who still awaits Senate confirmation for appointment as head the FEC, after he'd previously been recess-appointed by Bush last year --- have been much criticized by DoJ insiders for helping to gut the Voting Rights section of the department's Civil Rights division.

While dozens of DoJ and White House officials have been forced to quit in the wake of the scandal, the White House and DoJ continue to insist that no illegalities or improprieties were committed.

-- By Brad Friedman from St. Louis...

Diebold's once-vaunted Direct Recording Electronic (DRE) touch-screen voting machines are going the way of the Edsel.

Even the front page of their silly new "Premier Elections Solutions" website fails to include the discredited devices as one of their "Highlighted Products." Instead, Diebold/Premier, the morally bankrupt, if not-yet-financially bankrupt spinoff company, is pushing their failed E-Pollbook systems, their paper-based optical-scan systems (which also frequently fail), and their long-ago-proven-hackable GEMS tabulating system.

Though they show a small picture of their DRE, it's neither identified, linked, nor mentioned on the front page of their new site. That, despite their many years and millions of dollars spent pushing and lying about the hackable, inaccurate, unAmerican voting machine/scams.

Diebold's DREs were recently decertified [PDF] for use in the state of California for anything above one machine per polling place to marginally meet federal disabled voter requirements (even though CA found they failed to even meet disabled accessibility standards). Johns Hopkins Computer Scientist Avi Rubin also enumerated, in an article last Thursday, a few reasons why nobody is any longer interested in the DREs that Diebold/Premier may --- or may not be --- still selling.

Blogged by Brad from St. Louis...

I know it seems difficult to believe, but the first sign we've yet to be able to find publicly of a public official finally considering holding a voting machine company accountable for years of fraud and lying about their equipment, may come out of --- of all places --- Riverside County, CA!

Buried at the bottom of a report in yesterday's Press-Enterprise there is an interesting indication that County Supervisor Bob Buster, one of the most ardent supporters, previously, of touch-screen voting systems made by Sequoia, may be coming around to face reality, and may even be preparing to hold the company accountable for some of the millions of wasted county tax dollars...

Blogged by Brad Friedman from St. Louis...

Three Pennsylvania counties are considering pulling their old lever voting machines out of mothballs for this November's general election. The counties' "Plan B" comes in the wake of a refusal by e-voting machine company Advance Voting Systems (AVS) to pay the bill to federal "Independent Testing Authority" (ITA) lab iBeta Quality Assurance which has, according to NJ's Express-Times, found "thousands of source code irregularities and 24 documentation irregularities with AVS machines."

A problem in AVS's currently certified systems in PA makes them impossible to use as is in the upcoming elections.

iBeta is one of the private testing labs recently given approval by the U.S. Elections Assistance Commission (EAC) to test voting systems at the federal level. The labs, however, are still paid by the voting machine companies themselves.

The EAC's letter [PDF] also indicated that iBeta discovered AVS machines, contrary to the submitted documentation, used a different motherboard than those on the machines submitted for testing.

It's unclear, according to some of the reports from the PA papers, whether lever machines may legally be used in their elections, or if the counties may have to move to....wait for it...paper ballots in this November's municipal elections.

The Express-Times reveals the extraordinary arrogance of the voting machine companies, who, until heat has recently been brought to bear on both the EAC and the companies, had for years received a rubber-stamp for qualification of their systems by federal testers --- no matter how poorly the systems were built. After the EAC notified the company that certification testing was being suspended at iBeta due to lack of payment, "Howard Van Pelt, Advanced Voting Solutions president, maintained the machines are certified, regardless of what the commission says," according to the Express-Times.

Van Pelt, however, is wrong. But he, and the others like him, are used to receiving a free pass from the EAC and other Federal and local authorities for so many years that they may still be under the impression they can do whatever they want, despite what the federal government tells them and despite what the law says.

Yet AVS may not be the only voting machine company we may soon find unwilling --- or unable --- to pay for testing of voting systems, which could subsequently plunge elections in other states and counties into danger of not being carried out at all...

Blogged by Brad from St. Louis...

Last night's event out here in Kirkwood, sponsored by Missourians for Honest Elections, was terrific. A packed house, and a bunch of fired up folks --- hopefully ready to go out and fight for their democracy --- by the time we were done, I do believe. Speaking of "fired up," I was particularly honored to have ace bloggers, reporters, muckrakers Thomas Charles and Howard Beale from the Fired Up! Missouri blog in the house.

As well, between my remarks and the Q&A period, I was informed that a full contingent of officials from the City of St. Louis Board of Elections had come out as well. Though I offered them the opportunity to respond at the top of the Q&A to any of my comments, e.g., "tell me where I was full of it," they all declined, saying instead they had "just come to listen." After encouraging them to bring a lawsuit against Diebold (the voting machine vendor foolishly relied upon in the city of St. Louis) for fraud, we moved on to some great questions from the very enthusiastic group of folks who turned out on another sweltering St. Louis evening. Afterwards, one of the Republican members of the St. Louis City BoE bothered to come up, introduce himself, and swap business cards. Which is very much appreciated.

I'm told that the Democrats on the board are also appointed by Republican Governor Matt Blunt (former SoS and ACVR founder/scammer Thor Hearne's partner in crime), so it's said that they may or may not be actual Democrats. I'll stay agnostic, since I don't know either way, and just appreciative that they bothered to come and at least one came by afterwards to make contact.

On the other hand, Thor Hearne, Paul DiGregorio (former St. Louis County Election Director, turned EAC Chair, turned Voting Company chief), and John Diehl (current St. Louis County Election Director) declined to show despite the invitation sent to them to speak at the event along with me. Oh, well.

The biggest honor of the week for me here in St. Louis, no doubt, was an invitation I received by phone on Tuesday afternoon to come in and meet with the Editorial Board of the St. Louis Post-Dispatch, the once-great paper founded by Joseph Pulitzer in 1878. It's now the city's only major daily.

The hour and a half chat on Wednesday, with some six or so folks, including commentary editor Eric Mink, editorial writer Jim Gallagher, letters editor Jamie Riley, editorial cartoonist R.J. Matson, and reporter Jo Mannies (the last remaining reporter to whom vote-suppressor Thor Hearne will speak, apparently), was a good one. They had tough questions for me, which I'd like to think I handled well-enough and, as you may have guessed, I had some tough questions and/or challenges for them in return. Specifically, in reference to their dearth of coverage on these most important issues, particularly here in Missouri, where Thor (whose first name they all sang out in chorus when I mentioned "one of the nation's top 'voter fraud' guys lives right here in St. Louis") lives, and in the state regarded aptly by Greg Gordon of McClatchy as "Ground Zero" for the GOP in the 2006 Election.

By the way, everyone here seems to know Thor in some way and has a strong opinion about him. Most not necessarily kind.

Little time for more details right now, other than I was struck by the words, plastered on the wall across from the elevator doors, in the lobby of the old Post building downtown where we met. The words greet everyone as they leave the elevator, just above the promotion for the Post's "Millionaire Money" promotion (see photo below.)

Given some who have charged me with being less than polite from time to time in my reporting, the 1904 quote from Joseph Pulitzer was notable for its bluntness and lack of "diplomacy." If I'm "coarse" enough to follow in his tradition, I will wear that label proudly. Here's the photo of the quote, but if it's difficult to read, so the text of Pulitzer's comments are reprinted below it:

"Our republic and its press will rise or fall together. An able, disinterested, public-spirited press, with trained intelligence to know the right and courage to do it, can preserve that public virtue without which popular government is a sham and a mockery. A cynical, mercenary, demagogic press will produce in time a people as base as itself. The power to mould the future of the republic will be in the hands of the journalists of future generations."
-- From North American Review, Written by Joseph Pulitzer in 1904

I've got absolutely nothing to add to that.

Guest Blogged by John Gideon, VotersUnite.Org

ED NOTE: ARTICLE UPDATED TO REFLECT SEQUOIA AND MICHELLE SHAFER'S SHAMELESSLY SCRUBBED, DOCTORED, BACKDATED DOCUMENT. SEE EXPLANATION MID-ARTICLE. - BF

This morning I woke up to an email from Michelle Shafer, Vice President of Communications and External Affairs for Sequoia Voting Systems. Shafer wanted to point out that I had misstated the facts in yesterday's "Daily Voting News" when I asked, "And what about the sale of Sequoia? Smartmatic has been looking for a buyer for Sequoia for over a year now."

Shafer pointed me to a Sequoia press release, from December 22, 2006, in which they say, "The company also today announced its intent to seek an acquirer for Oakland-based Sequoia Voting Systems, a leading provider of voting technology in the United States that Smartmatic has owned since March 2005."

In other words, they've been seeking a buyer for 8 months, not a full year as I'd reported. I responded to let her know I'd be more than happy to issue a correction in today's DVN, as well note the error in the DVN posting here at The BRAD BLOG.

We are interested in being as factual as possible, and regret any error made, no matter how small. When we find one, we try to correct it immediately and transparently.

And, because our email discussion concerned being factual, I pointed out to Shafer that the press release she pointed me to had a number of wholly incorrect facts that she needed to clear up. Her press release from last December, incorrectly states:

She is flat out wrong. On a number of counts. Which I pointed out to her in my response. Her response to that was...we'll call it...a bit surprising...

-- By Brad Friedman from St. Louis, MO...

Diebold Elections Systems, Inc., is no more. At least in name.

After a year and a half of conversely trying to dump their failed voting unit and/or lying to customers about the reliability and security of their voting systems, corporate parent Diebold is giving up the ghost of its election business which, according to an analyst in a Reuters report, was "responsible for less than 10 percent of Diebold's revenue, and 100 percent of its bad publicity."

According to a company statement [PDF] just released, Diebold Elections Systems, Inc., will become Premier Election Solutions as of today. The company president, David Byrd, who has overseen the disastrous election unit for some time, will stay on as president to go down with the ship, apparently.

Applying full lipstick to the pig, the company statement declares, "The change to Premier signals a new beginning for the company." And President Byrd picks up where he left off, furiously polishing his turd with the claim that "This is both a fresh identity for our company and a unique opportunity for us to concentrate our focus solely on providing best-in-class elections solutions for current and potential customers."

No word on when they'd begin that "focus" after years of claiming same, but doing anything but. They have, however, radically lowered their expected revenue statement for the year by $120 million.

After a string of disastrous reports on the quality and security of their voting systems, along with plummeting stock prices since last week, it seems clear that Diebold, the once-great, more-than-100-year old company, is doing whatever it can at this point to save the corporate parent. While its stock price (DBD) plummeted at today's opening bell and is currently down some 5.6% from yesterday, the price has begun to rise again in the last hour or so on news of the spin-off.

More than anything, however, the move may well be a harbinger of a coming declaration of bankruptcy for Diebold/Premier, as we see it. With the unit now spun off from the blue chip Diebold parent, declaring bankruptcy or dissolving the company altogether might be less trouble for investors and the main company as a whole, as their extraordinary legal and financial liabilities continue to mount...

Guest Blogged by Alan Breslauer

More information about the following report is available here. Since its airing, election legal watchdog Voter Action has called for a full Congressional investigation into the possibility of commercial fraud by the voting machine companies as based upon some of the startling information revealed in this exposé...

NOTE: As the original Google version of this report has been taken down for some reason, we are making it available here, in three easy to watch segments. Additionally, a complete transcript is now posted here, courtesy of Jerry Berkman.

FURTHER NOTE: The video files below are no longer currently playable (or, depending on your browser, even visible.) The video of the entire program, however, is now available via Dan Rather's website.

Part 1 (30:09): Concentrates on voting machine vendor ES&S and their previously undisclosed touch-screen sweatshop factories in Manila...

Part 2 (8:07): Dan Rather interviews electronic voting apologist, machine tester, Michael Shamos...

Part 3 (26:25): The "HOLY COW!" revelations about Florida 2000 and the seven whistleblowers from Sequoia who reveal, for the first time, that "somebody" at Sequoia purposely used lower grade paper and misaligned the chads (for Palm Beach County, FL specifically) on the paper ballots used in that Presidential Election (see additional comments from John Gideon and Brad Friedman on this section below)...

UPDATE By John Gideon: The revelations in Rather's report from the Sequoia punch-card printers, that inferior paper was used in the 2000 election in Palm Beach, are stunning. It was all about corporate greed. Sequoia Voting Systems has a big anvil hanging over their heads and it is hanging by a thread. No wonder Smartmatic only paid $16M for Sequoia which had assets over $40M. The previous owners of Sequoia, De La Rue, wanted out and now Smartmatic wants out but who is going to buy Sequoia now with all of their liabilities?

ADDITIONAL UPDATE FROM BRAD: Holy cow! If you haven't seen this thing, you must. The second half of the program, after the stunning revelations of the ES&S sweatshop in Manila, followed by a mostly useless interview with voting machine apologist Michael Shamos, breaks some enormous news concerning Sequoia's apparent effort to create havoc with Florida's punch-cards in 2000. With seven company whistleblowers, all interviewed on camera, and by name, objecting to the company's use of faulty paper and then misalignment of chads, specifically for Democratic Palm Beach County only, this thing could lead to huge fallout.

The remarkable report --- for which Rather should receive some kind of award --- reopens 2000, as nobody at Sequoia is willing to cop to signing off on the bad paper and misaligned chads business after all seven employees interview had refused to do so. Who gamed that election? At whose orders? And doesn't that open up new questions concerning Clint Curtis' allegations that he was asked by Tom Feeney, prior to the 2000 election, to create software to rig a touch-screen voting system. Up until now, one of the criticism of Curtis' claims has been that "nobody was even thinking about touch-screens prior to the 2000 election. This report, and the fact that Sequoia was using touch-screens as early as 1998 in Riverside County, CA, may blow that wide open.

UPDATE 8/28/07: More details on the above update, and this report seals up yet another allegation of the formerly Republican whistleblower Clint Curtis, now here...

Guest Blogged by John Gideon, VotersUnite.Org

Today our friends at VoterAction announced an action alert to ask the United State's Congress to take action to investigate "the increasing influence and control that private companies wage in the way we conduct our elections and to determine whether certain US voting systems companies have committed crimes under federal and state anti-fraud statutes which should be referred to the appropriate authorities for prosecution".

VoterAction is asking that you sign a petition to congress.

Their statement follows on the heels of evidence revealed in Dan Rather's stunning investigative report on "The Trouble with Touchscreens" (complete video now posted here) and charges that the report "raises serious questions as to whether US voting systems companies have engaged in commercial fraud by knowingly marketing defective products to jurisdictions throughout the country."

Their full statement can be read here in html or here in .pdf and is also posted in full below...