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...

Guest Blogged by Alan Breslauer

Bob Schieffer's commentary this morning on CBS' Face the Nation is highly critical of Fox, Judith Regan and Rupert Murdoch for publishing OJ's new "if I did it" book and for giving the former football star two hours of prime time television to promote the fictional confession. Throw in the millions of dollars being funneled to OJ and one hardly remembers the similarly disgusting congressional page scandal.

Schieffer: "Someone, I think it was William F. Buckley, once said, something doesn't have to be against the law to be wrong. This one is more than wrong. It is just awful."

In a nifty and well-sourced bit of investigative journalism that makes The BRAD BLOG's muckracking heart go pitter-patter, an outfit known as Madcow Morning News (we wish they were called Washington Post) filed a peach of an exposé last Wednesday on Sarasota County's Supervisor of Elections Kathy Dent, and Gary L. Greenhalgh, the ES&S voting machine company Vice-President with the questionable past, who appears to have serviced her.

The detailed reporting underscores our previous call for Dent to resign in light of her egregious failures in Florida's 13th district U.S. House race, where the voters are still paying the price. Please do yourself a favor and read the report in full.

Here's a few Dent money shots:

And this ironic plum from Greelhalgh --- whom Madcow reports as regularly being in perilously close proximity to those convicted of bribery and other kickbacks to elections officials --- from back in 1985:

(Hat-tip to BRAD BLOG perennial "Old Turk")

Guest Blogged by Alan Breslauer

Christine Romans reports for Lou Dobbs Tonight that more than 35 million Americans were struggling with hunger until the USDA relabeled the tracking category "low food security." Thus, close to 12% of Americans now live with "food insecurity" issues. The report is unclear on whether or not more than a tenth of the country is still having problems with hunger.

In addition to the name change, however, the Bush administration also has plans to cut in half the number of Americans living with "low food security" by 2010. Considering that poverty and food insecurity levels have risen throughout Bush's presidency, we assume the administration expects the bulk of the plan to kick in over the latter two years.

Lou Dobbs summed up the situation better than one would think possible: "That is disgusting...These are just abject idiots."

We hate to rely on such questionable fringe sources as Associated Press, but for lack of time today, we'll point to their coverage of the remaining "handful of close contests for the House" which are still undecided.

The races that AP describes as "still in dispute" are in NM, NC, FL, and two in OH (naturally).

In addition to the completely obvious and resignation-worthy mess in the FL-13 race, The BRAD BLOG would draw particular attention to the less-discussed contest in New Mexico's 1st Congressional district. We've been plowing through first-hand accounts sent our way detailing the disasterous state of conditions in the counting rooms out there where there's a very close race between incumbent Rep. Heather Wilson (R) and her opponent Patricia Madrid (D).

Based on the exceedingly detailed reports we've read so far of the (ahem) less-than-optimal-or-accurate initial tally of votes (yes, Bernalillo County, we're talking to you), we'd suggest any recount of that race must be done as a complete hand count of all ballots in order to assure the final result actually resembles the intention of New Mexico's voters.

But we just may be radical that way.

Guest blogged by Emily Levy of Velvet Revolution

Election Defense Alliance (EDA), a national election integrity organization, issued a press release yesterday announcing their new report, "Landslide Denied: Exit Polls vs. Vote Count 2006."

According to EDA, the Edison-Mitofsky National Exit Poll, conducted by a consortium of news organizations, showed at 7 p.m. on Election Night an 11.5% vote margin in favor of Dems nationwide. But by 1:00 p.m. on the following day, according to EDA, "[T]he Edison-Mitofsky poll had been adjusted, by a process known as 'forcing,' to match the reported vote totals for the election." The adjusted exit polls showed "a 7.6 percent margin exactly mirroring the reported vote totals."

It was EDA co-founder Jonathan Simon whose foresight in downloading the Edison-Mitofsky exit polls on Election Night 2004 before those polls were adjusted made the discovery of the now-infamous "red shift" possible. Analysis of the original exit polls from 2004 became one of the most compelling bodies of evidence to suggest that the 2004 election was stolen on behalf of George W. Bush.

Now EDA reveals evidence of similar manipulation of this year's election. In his story Clear Evidence 2006 Congressional Election Hacked, executive editor of OpEdNews Rob Kall quotes Simon as saying:

The BRAD BLOG wishes to point out the difference between election "hacking" and "rigging." Hacking can be done by outsiders armed with such difficult-to-obtain weapons as a hotel mini-bar key (in the case of the Diebold TSx) or a finger (in the case of the Sequoia touchscreen machines). Rigging would be done by an insider such as someone working for an electronic voting machine company or a department of elections. The evidence of skewed results in the 2006 Congressional election doesn't specifically prove whether hacking or rigging or both occurred, but certainly magnifies the call for further investigation into irregularities in the 2006 elections. Will this new report help the newly-elected-but-apparently-robbed-of-its-landslide Democratic Majority Congress understand the importance of revamping our election system before 2008?

The next phase of Election Defense Alliance's work will be to analyze results of specific Congressional races. This work will include analysis of exit polls commissioned by Velvet Revolution (of which The BRAD BLOG is a co-founder) and other independent organizations. Perhaps then we will find out how many Democratic (or even Republican) candidates who have been declared losers actually won their races.

More and more Election Integrity advocates and groups are now joining the drumbeat calling for a complete re-vote on paper ballots in the mess that has become U.S. House race in Florida's 13th congressional district in Sarasota. The BRAD BLOG also calls for a complete paper-based revote as the only way to ensure the voter's voice will be heard.

There are fewer than 400 votes separating Vern Buchanan (R) and Christine Jennings (D) in the race to fill (ironically enough) former SoS Katherine Harris's seat. And yet, a full 18,000 votes have gone missing, recorded as undervotes on the paperless ES&S touch-screen systems that failed during the election.

The People for the American Way Florida have issued a press release (posted in full at the end of this article) calling for a complete re-vote, as well as expressing their criticism of the Jeb Bush Administration appointment of a rabid Bush-partisan and paper "trail" opponent to head an audit to figure out what went wrong.

The National Voting Rights Institute yesterday called for a full re-vote as well, saying in their press release, "Public confidence in the vote-counting process is a bedrock principle of any democracy. In Florida's 13th Congressional District, it is clear that only a revote with the option of hand-recorded paper ballots will ensure that voters in that district can trust that their votes will be properly counted."

Common Cause has similarly called for an investigation into what happened in FL-13 and said the vote should not be certified as is. As well, their announcement calls for the immediate passage of Rep. Rush Holt's (D-NJ) HR550 election reform legislation, which is currently supported by some 220 bi-partisan House members. Unfortunately, HR550 would not have guaranteed the problems in FL-13 would have been avoided, as it only calls for paper records as opposed to the much needed paper ballot required for every vote cast. So-called paper "trails" on the touch-screen systems down in Florida would not have avoided the problem we're now facing and, in fact, would likely have exacerbated them by giving voters and elections officials a false sense of security. Paper "trails" on touch-screen DRE machines are not reliable or accurate, they fail consistently, can be gamed quite easily, and frequently cannot be actually verified by the voters.

Finally, Election Integrity organization VelvetRevolution.us (of which The BRAD BLOG is co-founder) goes further still in both calling for a full paper-based re-vote as well as demanding the resignation of failed Sarasota Supervisor of Elections, Kathy Dent.

Dent failed the voters in Flordia's 13th district and across the entire county, by fighting to ensure they would not have any means of avoiding such problems when she insisted on untested, inaccurate electronic touch-screen systems without paper ballots --- or even paper trails that could have been used to mitigate a disaster such as the one now facing her.

She should resign immediately, along with Secretary of State Sue M. Cobb and the other officials directly responsible for this debacle.

The full press release from People For the American Way Florida follows below...

UPDATE 5:00pm Three more groups, Voter Action, ACLU, and Electronic Frontier Foundation, also now announce their call for a re-vote and investigation. Their press release follows in full below now as well...

Add the Monterey County, California, Acting Registrar of Voters, Claudio Valenzuela, to our ever-growing list of Elections Officials who ought to resign immediately in the wake of extraordinary failures to assure that every legally registered voter who chooses to vote actually gets to vote, and then gets to have that vote counted accurately.

Valenzuela --- who recently replaced the corrupt former Registrar Tony "Trust Me" Anchundo after he was charged with 43 criminal counts --- incredibly instructed poll workers not to give paper ballots to voters despite an order from the Secretary of State prior to the election that any CA voter who wishes to vote on paper may have one --- and despite lines of more than an hour for voters due to problems with the county's crappy new Sequoia electronic touch-screen voting machines.

As smartly reported by the Monterey Weekly today, poll watcher Susan Sisson recounts the story of dozens of voters giving up and leaving without casting a vote in her one precinct alone after she was reprimanded for reminding poll workers that they could/should give a paper ballot to those who wanted them, or those who couldn't afford to wait in line for hours on end.

Despite at least four still-undecided races in Monterey, where one candidate leads by anywhere from 47 to just 14 votes --- few enough that those voters who couldn't afford to wait in long lines for the machines, but could have voted on paper and made the difference in those races at Sisson's precinct alone! --- Valenzuela stands by his horrendous anti-democracy directive to poll workers:

The folks in Monterey ought to be up in arms about this jerk. Should be storming the County Board out there and demanding accountability and this guy's resignation.

Read the full article. It's just amazing what's going on in our electoral system. But it won't change until citizens on the ground demand that it does!

Let's hope the incoming Secretary of State, Debra Bowen, busts some asses about this sort of thing where the failed, disgraced, outgoing SoS, Bruce McPherson, clearly didn't give a damn.