Given what we know about Diebold voting machines (both optical-scan and touch-screen), several folks have written to ask: "Are you sure they actually allowed poll workers to take these machines home with them" prior to the Busby/Bilbray U.S. House special election in CA-50th?

Yes. I'm sure. And yes, I confirmed it with someone in the media office at the San Diego County Registrar of Voting before I wrote my initial story on all of this. She asked me to keep her name off record, and so I'm doing so. Feel free to call and ask them yourself however: (858) 565-5800.

While you're talking to them (politely), ask how they intend to prove that the results of the Busby/Bilbray special election are accurate now that the chain of custody for the electronic voting machines --- which have been shown to be exceedingly prone to easy, passwordless tampering --- has been corrupted by sending them home for days and weeks at a time with voluneer poll workers. Also ask them how many absentee and provisional ballots there are in the race. Feel free to report your answers in comments here. If you can get any.

To help confirm the sleepovers of the easily hackable Diebold machines, here's a clip or two from a couple of emails I've received on all of this since posting my original story and this morning's follow up:

And this from Pamela Smith, the Nationwide Coordinator for VerifiedVoting.org and Verified Voting Foundation, who's in San Diego County...

UPDATE 6/9/06: I just noticed the following comment left on one of my original Busby/Bilbray article, from reader Patti Newton, who reports she had a similar experience as a San Diego County poll worker in Busby's district. Here's part of it:

UPDATE: 6/9/06: New numbers reported from San Diego county...

ABC News is featuring this AP story on their website:

Okay, AP. Prove it. I dare you. You can't.

Not without a 100% manual, hand-count of all the optically-scanned paper ballots and touch-screen "paper trails" from Tuesday's CA 50th Congressional district race for the U.S. House of representatives. And even then, depending on the margin of difference after the op-scan ballots are hand-counted, you will be unable to prove that the race was decided correctly if it should turn out the number of votes cast on touch-screen machines was more than the margin of difference after the op-scan ballots are actually counted (by hand!)

The deafening, dumbstruck silence after I posted my article yesterday, headlined 'Results of Close Busby/Bilbray U.S. House Special Election in Doubt!,' is deafening.

Yes, I know the headline is unsettling. As are the implications of the piece. I will hope, however, that most of you who know what I report at The BRAD BLOG also know that what I report, I source with independently verifiable information. So you don't need to trust me. And you shouldn't. No more than you should trust the words of San Diego County's Registrar of Voters.

The arguments presented in yesterday's article are airtight. The have been vetted by a number of election experts and computer scientists. So far, not a single human being has presented me with a flaw in my logic or contentions.

Mind you, I have never reported that any election was "stolen." Not even the 2000 Presidential (which wasn't stolen, as much as given away by the Supreme Court), nor the 2004 Presidential Election, which evidence shows would most likely have gone to Kerry had the votes actually been counted. But I have never claimed that election was "stolen" either, because we simply do not know. Until there is evidence, I do not report it as such.

I am not saying, in my article yesterday, that the Busby/Bilbray election was "stolen" either.

Nor have I charged there has been any fraud. This is (for now) about confidence in verifiable results in an American election. So far, there is no basis to have any.

Nor am I one of those who believes that legitimate elections can only be carried out on 100% hand-counted paper ballots.

This one, however, given the specific machines in use, which have been proven to be easilly tamperable and hackable, without a trace being left behind, (and admitted as such by even the company who makes them!) is a different matter. Add to that, security measures were completely compromised by sending the machines home with poll workers, in some cases, for weeks at a time, prior to the election and we've got a no confidence case on our hands.

The burden is now on elections officials --- who we pay to run accurate elections --- to prove the race was counted accurately. Let's see them do it.

I do not champion, nor traffic in, "conspiracy theories," as those of you who know my work likely already understand. What I reported in yesterday's story was not editorial or "conspiracy theory," but plain scientific fact, resting on an enormous body of peer-reviewed, undisputed, scientific evidence. The contention offered in the piece then is summarized thusly --- presuming the integrity of the chain of custody for the paper ballots and the "paper trails" is still demonstrably secured:

Unless every optically-scanned ballot is counted by hand --- and only if the resultant margin after that count is larger than the number of votes cast on the touch-screen systems --- can there be any confidence that the results of the U.S. House race for CA's 50th congressional district are accurate.

I challenge anybody to prove otherwise. Anybody. It cannot be done.

I welcome any and all questions about the logic or accuracy of my contentions. So far, I have received none.

If, after reading yesterday's article in full --- and asking any questions of me concerning the logic or evidence (I will try to keep an eye on comments left here) --- you still do not understand what's going on here, and what's at stake in your elections, then you are simply heading into November while whistling past democracy's graveyard.

That goes for you, AP. (And ABC, since you're running the article on your site and yet have failed to run extremely important stories on American election integrity issues which, unlike AP's story, are demonstrably provable and feature actual evidence.)

Do you both, AP and ABC, stand behind this report? If so, I dare you to prove the contentions made in your article are backed up with any verifiable evidence. You can't. And you won't. The contentions made in my article, however, certainly are. I feel it's my responsibility to be sure of that when I file a report. Why don't you?

Elections should be verifiable and provable. This one, at least as of now, is most decidely not.

UPDATE: SD County Poll workers write in about voting machine sleepovers...

UPDATE: 6/9/06: New numbers reported from San Diego county...

More shortly concerning my reporting on the questionable Busby/Bilbray elections results in the U.S. House special election to fill "Duke" Cunningham's CA 50th congressional seat. In the meantime, this article from yesterday's Daily Nonpareil in Iowa, about Tuesday's Republican primary there, underscores precisely what I was talking about in my report on Busby/Bilbray yesterday.

After optically scanning absentee ballots in a Republican Primary on Tuesday in Pottawattamie County, a popular, long-time incumbent was trailing a first-time college student candidate by 20 votes. Since that seemed odd, the County Auditor decided to count the absentee ballots by hand and indeed found that the incumbent had won the count instead!... By 128 votes instead of having lost it by 20!

Anybody beginning to get this yet? (...thump, thump...is this thing on?...)

In this case, the new optical scan computers being used for the first time were reportedly made by ES&S. (The ones used in Busby's San Diego race were made by Diebold). Here's more details...

Were it not for the Busby/Bilbray issue reported here earlier today --- which is serious as a heart attack, and about which we'll have more tomorrow --- we would have covered this more indepth. In fact, we've got additional new documents from the Coulter case, which will have to wait until another day because we're buried in the other story for the moment.

But quickly, for now, if this report from the New York Daily News is accurate, the allegations against Coulter surrounding her alleged felony voter fraud, and now more, in the state of Florida, have just gotten a lot worse for her...

To be clear, at this hour, we have no evidence to show that Democrat Francine Busby --- running in yesterday's special run-off election in San Diego against Republican Brian Bilbray to replace the disgraced Republican Randy "Duke" Cunningham for the U.S. House (CA-50) race --- actually won it.

Neither do we have evidence to believe that Bilbray actually won it.

We do, however, have copious and documented evidence to suggest there is no reason in the world to have any faith that Bilbray won the race.

The fact that the thin margin between the two at this hour (with "100% of the votes counted", according to the CA Sec. of State's website) is a mere 4,732 votes --- in a race where 125,882 votes were reportedly cast in a county with more than 355,000 voters registered --- is not even the largest question. Neither is the so-far unclear question of how the race will be affected by the 68,500 absentee and provisional ballots still to be counted in San Diego County according to the SD Registrar of Voters website at this hour.

The biggest concern about the race, by far, is that San Diego County uses two types of Diebold voting systems --- optical-scan and touch-screen --- both of which have not only proven to be disastrously unreliable in San Diego County and California in the past, but have also been demonstrated over the last six months to feature dozens of exceedingly well-documented and remarkable security vulnerabilities, making them extremely accessible to tampering. Especially if anyone has unsupervised physical access for more than a minute or two with them.

The voting machines used in Tuesday's election were sent home with volunteer poll workers the night before the election, according to the San Diego County Registrar of Voters office today. As well, The BRAD BLOG has received reports that in some cases, poll workers may have had the machines alone at their houses, unsupervised, for a week or even two prior to Tuesday's election....

It appears that Election Integrity advocates have a staunch new ally in their fight for clean, legitimate elections in the United States of America. And he's hardly a "lefty," a "conspiracy theorist" or a "sour grapes" guy.

Conservative CNN anchor Lou Dobbs hammered on Electronic Voting machines and the company's that own them for the third straight day yesterday on his show, Lou Dobbs Tonight.

Yesterday, his report led off with these clear words: "The security of our elections and the integrity of our democracy is in jeopardy."

While Dobb's initial focus for his reports concerns the foreign ownership of the Sequoia Voting Systems company (recently purchased by Smartmatic, a Venezuelan firm said to be tied to Hugo Chavez), his reports, and the guests he's interviewed, also focus on the broader aspect of private ownership of all the voting machine company's running our public elections, as well as the security vulnerabilities of the hackable and unreliable electronic machines.

We're working on getting the video up (the video and transcript from the report the day before is here), but in the meantime, here's the transcript from last night's installment which featured Warren Stewart from VoteTrustUSA.org and computer security expert Avi Rubin of Johns Hopkins University...

From NY Times' Op/Ed Wednesday...

How bad is the ES&S meltdown in Arkansas? Really bad...

Of course, we ran a series on things as they were falling apart before, during and after their recent primaries. (See this story for a quick primer). Apparently, things have gotten no better out there.

Then ponder that ES&S has so far failed in about 10 states. These are just the primaries. With low turnout. On separate days. How do you suppose things will go for a general election. With large turnout. When ES&S has to service all 46 of their states at the same time?

This quote, from today's article on the mess they're still in, says it all:

Now where have we heard that before?

Updating this item with the latest news on top now. See 'below the fold' for the earlier reports, and the map of Bowen's enormous win!

1:04a PT... I just got off the phone with Senator Bowen where she's just heard from Senator Ortiz who has conceded!

It was a remarkable win, in many ways, given the 56% undecided in the state just a few days ago, and the fact that she was outspent by Ortiz, who also ran TV spots over the weekend (Bowen didn't run any, by the way.)

I asked her then to what she attributes this victory (with a whopping 20%+ margin) to?

"I think it's a major victory for grassroots organizing. People sent out messages to their email lists, to their friends. We used the net and the blogs to get our message out. I think it's also that people are beginning to understand if you don't make sure that elections mean something, you will lose your democracy."

(The BRAD BLOG was one small part of that netroots efforts with our recent endorsement and interview of Bowen, which was crossposted over at Huffington Post. You guys did all the rest!)

Was she surprised? "I really had no idea what to excpect. The 56% undecided a few days ago was rather...unnerving."

So what's the message that needs to get out between now and November? "People need to take a look at what's happened in the Secretary of State's office. The issues with voter registration and his certification of these voting machines....I mean look at what happened today with the problems around the state. I'm concerned about what happened in Kern County...and I won in Kern County!"

Will you be looking into it? Even though you won it? "You bet I will!"

Our kind of patriot. (Some of those meltdowns reported earlier here.)

Glad it wasn't a squeaker. I gotta be up in about 5 4 hours to do a radio show...And tomorrow's gonna be another big day. I just have a feeling...Congrats Senator! We'll be right there with you through November!

See below for earlier reports from the evening and map as of 1:04am...

This was buried in the earlier piece concerning Lou Dobb's coverage of Electronic Voting in which his report alleges that these machines and the private company's that now control our vote are a "threat to democracy". But the later CNN segment with Jack Cafferty deserves to be front and center.

Said Cafferty yesterday (complete must-read transcript of the segment is below!):

THANK GOD someone in the MSM finally gets it! Lord knows Wolf doesn't! See the full transcript below for answers from emailers to Cafferty's question-of-the-day yesterday: "Do you trust the honesty of America's election process?"

Regular BRAD BLOG readers won't be surprised at the answers sent in. Only that CNN actually read them on air! (Thank you, Jack Cafferty!)

...CONTACT...
Email: caffertyfile@CNN.com
Or go to CNN.com/caffertyfile

Just some of the problems already brewing today in just two of the states, of eight, holding primary elections today. With a reminder that most problems such as these don't begin to show up until later in the evening, and even more so in the days following the elections...We'll update this item as appropriate and as time allows throughout the day...

In California...

In Mississippi...

(Thanks to John Gideon for the early heads-up! More tonight in his 'Daily Voting News', of course.)

So, let me get this straight. NBC will give extremist fringe whacko, Ann Coulter more than 7 minutes of air time to spout her disgusting personal opinions about such things as widows of those killed in the 9/11 attacks rejoicing about it. Says Coulter: "I have never seen people enjoying their husband's death so much."

She receives 7 minutes and 38 seconds of airtime (video and transcript here) to help her sell her book, nonetheless! But NBC can't come up with 30 seconds of airtime for an actual legitimate source, like Robert F. Kennedy Jr., who has written a legitimate and painstakingly researched article --- over four months in the making --- which alleges that our last Presidential Election may have been stolen?

Note to Matt Lauer and NBC: The shame is not Ann Coulter. The shame is you.

Wish You Were Gore...

(Hat tip BRAD BLOG emailer Justin F.)

UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow in an update following our original coverage...

A last-minute Election Eve compaint has been filed in a Los Angeles courtroom within the hour calling on LA County's registrar of voters, Conny B. McCormack to immediately remove Diebold elecronic voting machine tabulators, said to have illegal access to the Internet as well as uncertified tabulation software, from counting rooms at the county's main facility in Norwalk, The BRAD BLOG has learned.

The plaintiffs in the case are Cindy Asner and Cynthia Henderson, LA County Chair of the Peace and Freedom Party.

The emergency filing, being heard at this hour, is based on an affidavit filed today by Green Party election system inspector, John Wenger, a PhD and retired software engineer from Northrup Grumman who has been tracking LA County's use of electronic voting machines over the past month along with several other inspectors from both the Green and Democratic parties. The BRAD BLOG spoken at length with Wenger over the weekend, and has reviewed a draft version of his declaration being filed with the suit. (The final version of Wenger's declaration is now posted at the end of this article.)

Los Angeles county is the largest voting area in California. The state is holding its Primary Election tomorrow. Touch-screen Diebold voting machines --- now shown to be hackable and highly vulnerable to malicious tampering at both the point of the voting machine itself and its central tabulator software --- are used for early voting only in LA County. Though early voting in LA began several weeks ago and ended last Friday, tabulation of votes cast during that period will not begin until the polls close on Tuesday evening at 8pm PT.

The race is an important one to Election Integrity advocates since state senator Debra Bowen is running in a primary race in hopes of winning the Democratic nomination to take on Republican CA Sec. of State Bruce McPherson who has been a supporter of vulnerable electronic voting machines, including Diebold's, in the state. As well, the LA County Registrar of voters, Conny B. McCormack has been a long-time supporter of Diebold and their election equipment and has even been featured, via photograph and endorsement, on promotional brochures distributed by the controversial Ohio company. (See graphic below.)

This year's primary is also being closely watched due to a Democratic primary challenge by anti-war candidate Marcy Winograd against powerful pro-war Democratic U.S. House Representative Jane Harman in the state's 36th U.S. Congressional district.

Further, another troubling detail about Diebold's touch-screen systems in the county was revealed on Friday of last week when The BRAD BLOG received an email indicating that one voter at least --- Michael Shure, a political commentator on Sirius Sattelite's The Young Turks radio program --- who voted on the Diebold touch-screen machines was given the incorrect ballot.

Shure, who lives in CA's 36th congressional district noted that his touch-screen ballot gave him the option to vote for Rep. Henry Waxman, who is running unopposed in his U.S. Congressional primary, instead of the Winograd/Harman race which should have been on his ballot.

"Unbelievable," Shure wrote in his email. "Had I not known, as I am sure many voters don't, who my Rep. was, and what district I live in, I would have been voting for someone else."

Indeed, Shure's experience underscores further dangers of combined precincts using elecronic touch-screen voting machines as Los Angeles offers during the early voting period when voters may go to any early voting location and cast their ballot on machines which --- supposedly --- offer them the appropriate ballot for their particular district.

The experience has left the Winograd campaign wondering how many other voters may have missed out on the opportunity to vote in that contentious race and whether or not they may need to file a challenge to the election in order to find out.

UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow below...

We don't generally do endorsements around here for the most part. In the case of California state Senator Debra Bowen's primary race to be the Democratic nominee for California's Secretary of State, however, we're more than happy to make an exception.

While many Californians --- and even more non-Californians --- may not know it, the path towards restoring America's crumbling democracy may well rest in a little noticed primary race that will take place here on Tuesday.

Bowen, as state senator and chair of the state's Election Committee in Sacramento, has led the way where few Democratic elected officials have even bothered to acquaint themselves. Specifically, Bowen has studied, learned, investigated, held hearings and delved deep into that murky territory of electronic voting, electoral integrity and the threat to our democracy posed by the privatization of our public electoral system by corporate interests using secret software to "count" America's votes.

As private and partisan corporations such as Diebold, ES&S, Sequoia, Hart InterCivic and all the rest have spidered out across the electoral landscape, usurping American values in the name of insidious corporate greed and at the expense of transparency, auditability and confidence in our once-great American democracy --- all at the cost and waste of billions of your taxpayer dollars, by the way --- few politicians have bothered to wend their way through the impossibly arcane and brain-withering technical details wherein the devil lies, most assuredly, in these matters of electronic voting.

An avowed computer geek, Bowen has been paying attention to these matters from the get-go while the vast majority of elected pols today do little more than whistle past democracy's graveyard. She has fought for electoral integrity by successfully moving legislation into law which mandates audits (only 1%, but hey, it's a start) and paper records (not paper ballots, but hey, it's a start) for every vote cast in the Golden State.

While one would think such ideas would be no-brainers for every state in the union, it's remarkable how few seem to give a damn about any of those ideas and, in fact, have gone out of their way to fight off mandates for such accountability in elections. Debra Bowen, on the other hand, does give a damn...