Guest Blogged by Bob Bancroft of VotersUnite

Just over a month has passed since California Secretary of State Bowen’s ground-breaking “Top to Bottom” review was made public. The study, conducted over the course of nearly half a year, took a comprehensive look at electronic voting machines that directly record and tabulate votes. The results were unambiguous.

According to the report, “all systems analyzed were inadequate to ensure accuracy and integrity of the election results”. Computer scientists found that the secret software “contains serious design flaws that...attackers could exploit to affect election outcomes.” Despite the oft-cited rationale that e-voting expands the franchise for people with disabilities, the report starkly concluded that “[N]one met the accessibility requirements of current law”.

This report, along with countless others, leaves little doubt as to the correct course of action. As the New York Times put it in a recent editorial, “Electronic voting has been an abysmal failure.” The editors of "The Paper of Record" joined election integrity activists and watchdog groups across the country in calling upon Congress to ban these machines.

In fact, some members of Congress have caught on. Rep. Susan Davis (D-CA) said in a recent statement, “The wealth of data and opinions on this topic are so strong that I feel Congress would be remiss if we do not allow a debate on the question of whether and how Direct Recording Electronic (DRE) Voting Machines should be used in federal elections.”

Despite all of this, Democratic House leadership continues to push Rep. Rush Holt's HR 811, a bill so badly compromised that one member of the powerful House Rules Committee reportedly referred to it as “Microsoft 811”. Alcee Hastings (D-FL) was referring to the fact that some of the bill’s most vital protections were stripped, replaced by new, vendor-friendly language allegedly supplied by Microsoft.

So it seems the most vocal opposition to this Democrat-sponsored bill comes from fellow Democrats. The irony was not lost on House Republicans, who took some satisfaction pointing out the in-fighting. All of this begs the question: why does House leadership continue its stubborn support of e-voting?

Only Majority Leader Steny Hoyer knows for certain.

Meant to post this some time ago. As seen a few weeks ago on a street corner lamp post in Kansas City, MO, at the intersection of Baltimore and 38th...

* With apologies to the legendary Freeway Blogger...who actually has a new, killer 60 second video demonstration of how he plies his trade. So here's that as well. Perhaps more germane, if not nearly as amusing as the above (at least to me). Buckle up...

From Crain's Cleveland Business...

Bravo, Mr. Dimora. Of course you should!

But, ah, here's the rub...

We'll leave you to parse the phrasing of that last quote as you may.

The article goes on to point out that Dimora wants to "scrap the Diebold touch-screen system" after it turns out the county paid "$6.5 million above the $1.9 million originally budgeted for extra help and training before the November 2006 election."

Yes, but think of all the trees they saved! (That would be irony. For all of you Republicans following along.)

By Brad Friedman from Richfield, UT...

As we reported from a source late last night, today's scheduled hearing in the House Rules Committee for Rush Holt's Election Reform Bill (HR 811) has been canceled. The same source had also said that if the hearing was canceled, it could mean an "indefinite hold" for the controversial legislation.

Today, Republicans are predictably enjoying what has been termed as a Democratic "split," by The Hill, and a Democratic "revolt," by Politico, in the majority-led Rules Committee, once known as "The Speakers Committee" since it's generally the last stop before legislation hits the House Floor. It's also the place where the leadership determines whether amendments will be allowed to be brought for such legislation.

Of course, what Republicans seem to find most amusing is that Democrats in Congress don't necessarily march in lock-step, as they do. Instead, the Democrats seem to have this crazy idea that in a democracy, there should be actual, responsible debate, care, and attention to details for an Election Reform bill which would have enormous national consequences to every local, state, and federal race in the union for decades to come. Go figure.

"Democrats believe in democracy, unlike that monolith we had before," committee chairwoman Louise Slaughter (D-NY) told The Hill.

Nonetheless, the Republicans are attempting to make partisan hay from the situation. Minority Leader John Boehner's website described the situation as a "House Committee Meltdown" yesterday. A spokesperson for David Drier (R-CA), the ranking member on the House Committee described the situation as "chaos."

They're all right. Democracy is chaos. Though the Holt bill has been largely dysfunctional from the get-go as its lead author, Rush Holt (D-NJ) began with a very open process, inviting many voices (including our own) into the bill's drafting process, but then shut down the process in favor of both fear and agenda-driven interests...

Blogged by Brad Friedman from Richfield, UT (Bruce Funk Country!)...

[UPDATE: As we reported from our source late last night in the article below, the Rules Committee hearing today was indeed canceled. See below for more details.]

Have been on the road all day, so playing late-night catch up. So here's a few tid-bits, items, rumors, and innuendos as we've been able to collect them from various sources concerning the latest on the fate of the Holt Election Reform Bill (HR 811) in the U.S. House and the proposed Susan Davis (D-CA) amendment for it.

To briefly recap, Davis's amendment, if allowed by the House Rules Committee to be considered with the bill, would limit use of Direct Recording Electronic (DRE) voting machines to one per polling place on Election Day, but allow their full use during Early Voting periods. Unlike CA Secretary of State Debra Bowen's similar restriction, her amendment, as currently drafted, would not require a 100% manual count of the touch-screen "paper trails." Many more details on that amendment reported here yesterday, followed by a full statement we received from Davis herself later in the evening, in which she described the matter of whether to use DREs or not as the "800 pound gorilla" that folks in Congress, up until now, have been largely afraid of debating at all.

But that seems to be changing quickly.

The New York Times last night gave the idea of a full ban on DREs a boost when they called for exactly that in a long-overdue editorial in this morning's paper calling E-voting an "abysmal failure." They said, "It is unfortunate that the [Holt] bill does not contain a provision banning the use of touch-screen voting machines," adding, "There is still time before the bill becomes law to add a ban on touch-screen voting." And, "If the House fails to do so, the Senate should," and that putting it off to 2012 --- as Davis's amendment as currently drafted does --- is "too long to wait." Huzzah.

Now to the latest updates at this hour...

Our buddy Mike Rogers (who feels I should call him my Blogfather) of BlogActive.com owned Sean Hannity during his appearance on Hannity & Colmes. Rogers --- whose name is misspelled as RoDgers by Fox "News" --- originally outed Sen. Larry Craig last October, even though the mainstream media ignored him until the Idaho Statesmen picked up the story last week.

Atta boy, Blogfather! Check him out...

Must hit the road for a bunch of hours today (Utah here we come! For a few hours, anyway.) so I'll leave you with the following press release from Zogby sent out this morning, with some interesting numbers concerning both 9/11 and Impeachment...

Blogged by Brad from Colorado...

In an editorial for Thursday's paper, the New York Times has finally called for an all-out ban on touch-screen voting machines.

Writing that "electronic voting has been an abysmal failure," the newspaper of record --- which has been an abysmal failure, overall, in investigating and reporting on election-related issues over the past many years --- opines in favor of the flawed Rush Holt Election Reform Bill, though aptly declares that "The bill lacks one important thing: a ban on touch-screen voting machines."

They add that "there is still time before the bill becomes law to add a ban on touch-screen voting" and that scheduling such changes for 2012 is "too long to wait."

Here are the grafs that the Times gets almost exactly right [emphasis ours]:

Not to look a gift horse in the mouth, but what took you so long, New York Times? But never mind that. The question now is: What is taking Congress --- specifically Congressional Democrats --- so long?

It's E-Voting: Game Over. Time to ban DREs once and for all, precisely as The BRAD BLOG has been calling for now for years. Even the NY Times gets it. Finally. So can we now please end this infernal nightmare once and for all?

"As we have looked closely at all the issues concerning Election Day voting systems, we are still ignoring the 800 pound gorilla in the room," declared California Congresswoman Susan Davis in a statement sent to The BRAD BLOG late this afternoon.

That 800 pound gorilla, Davis goes on to say, is "the question of whether and how Direct Recording Electronic (DRE) Voting Machines should be used in federal elections."

Her statement (posted in full at the end of this article) followed on the heels of our exclusive BRAD BLOG report earlier today detailing Davis's attempt to restrict the use of DREs (often referred to as touch-screen voting machines) to no more than one per polling place on Election Day in federal elections.

Davis's proposed amendment is stalled for the moment as the U.S. House Rules Committee debates whether Rep. Rush Holt's (D-NJ) flawed and controversial Election Reform Bill (HR 811) will be sent to the floor of the House at all and, if so, whether or not amendments will be allowed with it. (See this morning's report for more specifics and details.)

The amendment is similar to, though weaker than, California Secretary of State Debra Bowen's recently imposed restrictions on DRE voting systems in the Golden State, which also require a manual hand-count of 100% of the so-called "paper trails" produced by the touch-screen machines.

"There is one controversial issue that seems to come up again and again in my discussions with voters, activists, and elections officials. It is an issue that has been dealt with in many states including my home state of California just recently with the Secretary of State’s Top-to-Bottom review," Davis said, adding that "the wealth of data and opinions on this topic are so strong that I feel Congress would be remiss if we do not allow a debate on" the use of DREs in federal elections.

As a member of the House Administration Committee, which passed the bill some months ago along party lines, Davis could have brought such an amendment then. Indeed, we personally met with Davis earlier this year in her home district in San Diego --- the site of more than a few controversial touch-screen elections --- in hopes of conveying the dangers of such voting systems. While clearly concerned about the issue at the time, Davis was not yet prepared to call for either a ban or any sort of restriction on the machines that failed at hundreds, if not thousands, of precincts across the country during the 2006 election cycle.

But that was before Bowen's landmark analysis, as carried out by computer scientists at the University of California, added fuel to the anti-DRE fire, finding severe and alarming vulnerabilities in every e-voting system they tested.

With the Bowen wind at the backs of California's sizable and powerful Congressional contingent, things may well be changing, if Davis's "attempt [to] spark debate on this issue" is any indication.

In concluding her statement, Davis expressed her hope that Congress might finally address the now-unavoidable question of DRE usage in the wake of what has become a virtual mountain of evidence against them.

"Our democracy is too important to ignore this issue any longer," the Congresswoman concluded.

Rep. Susan Davis's complete statement is posted in full below...

Blogged by Brad from somewhere in Colorado...

Have just been asked to fill in, at the last minute, as Guest Host for Mary Ann Gould on her Voice of the Voters radio program tonight at 8pm ET (5pm PT).

Please join us as I jump in to host her show as heard on the air on WNJC 1360AM in Philadelphia and South New Jersey (Rush Holt country!), and across the world via this online listening link.

We'll have more details on today's breaking Holt bill information, the Davis amendment, and other late-breaking voting news.

As we're doing this at the last minute, without guests or preparation, we'll be happy to take your calls, questions and thoughts at 856-227-1360. As usual, VoV and BRAD BLOG stalwart John Gideon of VotersUnite.org, a weekly regular on the show, will also be joining us to discuss all the latest!

Please join us, call us, and otherwise consider this an Open thread for use during the show! (Hit the Comments link below, let us know what's on your mind and then hit REFRESH to keep up with the conversation!)

POST-SHOW UPDATE: Thanks for those who tuned in! Apologies to those who had a bad net stream. Apparently we overloaded their stream. Here then is the archived hour, with all of the day's Rush Holt news, and guests Bob Fitrakis, Bruce Funk, Paddy Schaeffer and John Gideon.

Brad Guest Hosting Voice of the Voters, 9/5/07 (appx. 1 hour)...

Just announced this morning and reported by The New Jersey Star-Ledger is the news that a state judge has given the state Attorney General eight days to report an alternate means of voting to the state's 10,000 touch-screen machines.

The ruling undoubtedly comes as an embarrassment to Congressman Rush Holt of New Jersey, who has been championing an Election Reform bill in the U.S. House that would allow for the very voting systems the judge in his own state has now disallowed.

By Brad Friedman from Glenwood Springs, CO...

[ED NOTE: Many updates have been posted throughout the day on this item. Please see bottom of article for the latest updates!]

An amendment to either ban or restrict the use of Direct Recording Electronic (DRE, usually touch-screen) voting systems may be added to Rep. Rush Holt's (D-NJ) Election Reform Bill by California Congresswoman Susan Davis today, The BRAD BLOG can now confirm.

After learning of the possibility early this morning, we have now confirmed with Davis's office that she is mulling such an amendment to present to the House Rules Committee, which is set to meet this afternoon at 3pm ET to determine which amendments will be allowed for debate on Holt's controversial HR 811 election bill. The legislation is currently scheduled to come up for debate on the House Floor as soon as it's passed out of the Rules Committee.

UPDATE: Davis's office has now confirmed they will bring such an amendment if allowed by the Rules Committee and by Leadership.

The committee will decide whether or not to allow amendments to the bill at all once it's on the House floor. The BRAD BLOG has learned that the committee essentially has three options in that regard. They can move the bill forward with a "Closed Rule," meaning no amendments are allowed on the bill; a "Restricted Rule," meaning only certain amendments will be allowed for debate, or an "Open Rule," which would allow any amendment to be brought to the bill while it's on the House floor.

The phone and fax numbers for members of the Rules Committee are posted below, along with the contact information for House Leaders Nancy Pelosi and Steny Hoyer, who would be instrumental in allowing such an amendment to be brought.

At this hour, Davis's office is considering language for such an amendment, conferring with legal authorities and gauging potential support from colleagues. They may be considering restrictions on DRE usage, rather than a complete ban, along the lines of what California's Secretary of State Debra Bowen implemented recently after her independent "Top-to-Bottom Review" found severe vulnerabilities in all of the states certified touch-screen voting systems.

After the landmark study, carried out by the University of California, Bowen implemented restrictions on DRE systems made by Diebold, Sequoia Voting Systems, and other major manufacturers. Only one DRE per polling place will be allowed in California's 2008 elections in order to marginally meet federal accessibility requirements for disabled voters. Bowen's restrictions also allow for DRE use in Early Voting, though all such systems must have 100% of their "Voter Verified Paper Audit Trails" (VVPATs) manually counted.

Blogged by Brad from Colorado...

We've been in the woods and off the grid for the past several days, only to return to find that Rep. Rush Holt's (D-NJ) hugely flawed Election Reform bill, HR 811, is said again to finally be coming up for a vote in the U.S. House this week. The claim of an imminent vote on the House floor has been made many times in the past by Holt and his supporters, though this time it's now actually on the schedule of the House Rules Committee for a vote tomorrow on an amendment, as described yesterday by VotersUnite.org's John Gideon, that would move the bill forward even without a mandate that it actually be funded. As well, Majority Leader Steny Hoyer (D-MD) has the bill penciled onto his full House Floor calendar to come up as part of business as early as tomorrow, even though it's currently listed there as "Subject to a Rule" --- presumably in reference to whatever happens in the Rules Committee.

As usual, the scheduling, whether real or imagined, as it has been in the past, brings another surge of misinformation from the bill's powerful supporters. Leading the way this time around is MoveOn.org, which sent out an email to members over the weekend asking if it should support the latest "compromise" version of the bill as it's been hammered out, reportedly, between Hoyer and Holt and secretly brokered behind closed doors by longtime HR811 supporters People for the American Way (PFAW).

While MoveOn is asking members if it should support the bill, the mailing --- more accurately described as a "push poll" --- shows MoveOn's hand by misrepresenting quite a bit of what the bill actually does and doesn't do. So we'd be surprised if its members came out as anything but in favor of supporting the bill. But more on that deceptive mailer in a moment, along with some news on Holt himself reportedly now distancing himself from aspects of his very own bill!...

Blogged by Brad from Glenwood Springs, CO...

We've emerged safely from the woods after three glorious days off the grid up at 10,200 feet. No net. No cell. No bears. No mountain lions. Though we did have a few close encounters with a bald eagle and some moose (even if we avoided being trampled by the two who stampeded through our campsite at dawn one morning.)

Starting slowly this morning and catching up on some of the bear stories you guys posted in the the Open Thread I left on my way out the door. Thanks for those. Was only able to read a few of them before we set out, but CharlieL's amusing story provided a good laugh or two around the campfire.

From the real mountains to the mountain of email that has come in while we were gone, it may take some time to get cranked back up to full speed. So for the moment, here's a look at what I've been looking at over the past few days...

More photos later, perhaps, unless I learn I'm needed elsewhere after discovering what's really going on out here.

Oh, and btw, you folks in San Diego were in our hearts and on our minds even in the wilds over the past few days!

Glad to see it looks like Progressive Talk AM 1360 KLSD is still on the air at this hour! If you haven't already, please take the time to sign the petition to register your support for some semblance of both fairness and balance on the public's airwaves in the country's 6th largest city!

More soon(ish)...