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Latest Featured Reports | Thursday, October 23, 2014
Christie: GOP Governors Needs to Control 'Voting Mechanisms' in 2016
NJ Governor and 2016 Presidential hopeful offers interesting reason why Republicans in three key states need to win in 2014...
Justice Ginsburg Republishes TX Photo ID Law Dissent After BRAD BLOG Cites Error
Turns out U.S. Veterans' Affairs ID can be used to vote under new GOP voting restrictions in TX. Official SCOTUS opinion updated...
'Mercy', 'Rehabilitation' and 'Restorative Justice'
Sentencing of South Africa's Oscar Pistorius offers stark reminder of concepts that seem to have gone missing from the justice system in the U.S...
'Green News Report' 10/21/14
  w/ Brad & Desi
GOP candidates still dodging climate Qs; Mountaintop removal coal mining promotes lung cancer; 2014 on track as hottest year on record; PLUS: LEGO breaks up with Shell Oil...
Previous GNRs: 10/14/14 - 10/16/14 - Archives...
Everything Old is Texas Again
On the upside though, even if they successfully violate the Constitution by keeping some 600,000 legally registered, disproportionately minority voters from voting this year, they can save some money on signage...
Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
ALSO: Court unseals divorce docs from first marriage, Fuller attorney dismisses abuse allegations as 'rhetorical questions'...
SCOTUS ALLOWS TEXAS' DISCRIMINATORY GOP PHOTO ID LAW TO USED IN MIDTERMS
Despite uncontested findings striking down the law as a racially-motivated, 'unconstitutional poll tax', it will be implemented this year...
'Dead Heat' and 'Dirty Tricks': The Nightmare Scenario
Maddow warns: 'With this many top of ticket races tied, turnout will be everything...Now we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook'...
Judge Fuller's Attorney Says Wife Beating Thing No Big Deal; 911 AUDIO and Gov. Don Siegelman Disagree
Standalone video of 911 call; First comment on case by imprisoned former AL Gov.; MORE...
Emergency Appeals Filed at SCOTUS to Restore Voting Rights to 600,000 in TX
GOP Photo ID law, which lower court found intentionally discriminatory, is different from recent cases before High Court, say plaintiffs...
'Green News Report' 10/16/14
Ryan backs away (sort of) from climate change denial; NatGas isn't a bridge to lower-emissions; PLUS: Did Lockheed-Martin really invent a compact nuclear fusion reactor?...
Bloomberg on BRAD BLOG on Judge Richard Posner on Photo ID Voting Laws...
'By the sounds of it, the floor that supported voter-ID laws has just given way'...
'BradCast': WI, TX, AR Photo ID Rulings
Trouble keeping up with the on-again/off-again court rulings on GOP voter suppression laws? Brad tries to make sense of it all for ya...
WTF?!: FL Gov. Rick Scott Refuses To Appear at Debate With Gov. Charlie Crist
Watch the video. They're calling it 'FanGate'. We're just calling it Florida...
Arkansas Supreme Court Strikes Down State GOP's Photo ID Voting Law
Court determines law, passed over Dem Governor's veto, violates explicit right to vote in state Constitution...
5th Circuit Appeals Panel Restores Texas GOP's 'Discriminatory' Photo ID Law
While not contesting law's unconstitutionality, judges cite SCOTUS rule on last minute voting changes...
'Green News Report' 10/14/14
Coal wins U.S. Senate debate in KY!; Pentagon: climate change threat to NatSec; Wind power cheapest source of energy; PLUS: September 2014 was hottest ever...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
Reagan-appointed Richard Posner pens best case ever against Photo ID voting restrictions...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
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'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


10th Circuit stays order compelling EAC to add 'Proof of Citizenship' requirement to federal voter registration form...
By Ernest A. Canning on 5/27/2014 8:35am PT  

Early last week, with little attention in the media, the U.S. 10th Circuit Court of Appeal applied the brakes, for now, to one of the newest voter suppression schemes on the bleeding front edge of the GOP's ongoing War on Voting.

The insidious new Republican scheme, if it manages to overcome continuing challenges in court, such as the stay and appeal it now faces in the 10th Circuit, could result in thousands of otherwise eligible voters in Kansas and Arizona (and elsewhere, if the effort is allowed to move forward in KS and AZ) unable to even register to vote, much less cast a ballot on Election Day.

An investigative report by the Arizona Republic last year found the evidence for the purported basis of the new law --- claims by Republicans that non-citizens are casting ballots in the state --- to be "nearly non-existent".

Judith Brown Dianis, a civil rights litigator at The Advancement Project, described the nearly decade-long, coordinated, nationwide GOP voter suppression effort as "the largest legislative effort to roll back voting rights since the post-Reconstruction era". While appearing before a U.S. Senate Subcommittee in 2011, she described the effort as one designed to make "it harder to register to vote, harder to cast a ballot and harder to have a vote counted."

One of the primary GOP efforts to make it "harder to cast a ballot" can be found in the spate of polling place Photo ID laws that Republicans have sought to justify on the basis of what amounts to a phantom menace. Cases of in-person voter impersonation --- the only type of voter fraud that can be prevented by Photo ID --- are about as scarce as hen's teeth.

The same can be said about baseless GOP claims of an epidemic of voter fraud in the form of votes cast by non-citizens --- an allegation that is now being used as part of the new Republican ploy to prevent perfectly lawful citizens from even registering to vote...

--- Click here for REST OF STORY!... ---

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Alex Padilla selling measure as needed to allow counties to own their own voting systems, which they are already allowed to do...
By Brad Friedman on 9/17/2013 7:05am PT  

California State Sen. Alex Padilla continues to mislead the public about SB 360, his radical election reform bill passed recently by the state legislature along partisan lines, and now waiting for a signature, or veto, from Gov. Jerry Brown.

The bill, as we explained in our detailed exposé last week, would end all federal testing of new e-voting systems in the state of California. The use of only federally-approved voting systems had long been a requirement in the state. Moreover, the measure would grant unprecedented sweeping executive powers to the Sec. of State to approve new voting and tabulation systems for use in real elections without any certification testing at all, even by state auditors.

Coincidentally, Padilla, the bill's sponsor, is also a leading 2014 candidate for Sec. of State in California.

Last week, we explained how Padilla has been cynically selling this bill for many months as necessary in order for jurisdictions like Los Angeles County to own their own non-proprietary voting systems. Who, after all, other than private voting machine companies (and/or folks who'd like to use such systems to game elections), would be against the idea that voting systems should be publicly owned by the jurisdictions which use them to run their own public elections? But that explanation doesn't really tell the full story.

L.A. has been in the process of developing a new, publicly-owned, 100% unverifiable touch-screen voting system for some time. (See a new video of their design concepts, all quite troubling for those of us familiar with new, touch-screen e-voting systems, right here or at the bottom of this article.) The county has said they hope to sell their new system to other counties in the state and across the country. But, what Padilla doesn't mention to lawmakers or to the public while pitching his legislation, is that L.A. already owns their own current voting system and has for many years.

"I've introduced a piece of legislation that doesn't mandate, but allows, at the county level, county governments to own their voting systems," Padilla misleadingly announced on KSRO the day before the bill was finally approved by both chambers of the state legislature earlier this month. He cited L.A. County's development as the reason that counties should be able to own their own voting systems...which, he didn't mention, L.A. already does.

The audio clip of the KSRO interview is featured on Padilla's web page...

You can listen to Padilla's brief, 9/5/2013 interview on KSRO here [appx 4.5 mins]:

Since SB 360's introduction back in February, Padilla has been quoted similarly, and misleadingly, in every press release we've seen issued by his office, touting that "Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections."

The next, even more misleading part of the oft-used Padilla quote, has been modified only slightly in his press releases since the bill's introduction last February...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 9/12/2013 6:05am PT  

It was a content packed BradCast this week on KPFK/Pacifica Radio! Listening will make you smarter and a generally better person in every regard.

First up: We were joined up by Francesco Femia of the Center for Climate and Security to discuss the climate change connection to the civil war in Syria and other regions where national security dangers loom, thanks to the "threat multiplier" that is global warming. Femia is the founding Director of D.C.-based think tank with an advisory board of retired senior military officers and national security experts. Fascinating conversation!

Next up: New documents disclosed by Edward Snowden and reported today by The Guardian reveal the NSA's agreement with Israel to share SigInt (signals intelligence) such as phone and email content without removing private metadata and content of U.S. persons first.

Finally (or close to it): The disaster that is SB 360, the CA law passed last week and headed to the Governor for his signature...or veto. SB 360, as The BRAD BLOG reported exclusively earlier this week, will abolish all federal testing of CA's electronic voting systems and even allow the Sec. of State to approve new e-voting systems for use "in a legally binding election" without ever being tested for state certification at all. It's a terrible bill, and we call on Governor Jerry Brown to veto it. You can (and should) too, right here...

Then Desi Doyen joins us for the latest Green News Report, as usual, though not before updating us on her latest Twitter fight with some jackass at CNBC. Enjoy!

Download MP3 or listen online below [appx 58 mins.]...

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Sponsored by 2014 Sec. of State candidate, measure grants unprecedented power to Sec. of State to approve new e-voting systems for use in real elections, even with no testing at all
Legislation deceptively sold as measure to 'allow counties to develop, own and operate voting systems, increase voter confidence in the integrity of our elections'...
By Brad Friedman on 9/10/2013 8:35am PT  

A new bill that would grant unprecedented and unchecked powers to the California Sec. of State --- including those that could allow him or her to approve new e-voting systems for use in actual elections with no testing at all --- was approved late last week by the state legislature along partisan lines. It is now on its way to Gov. Jerry Brown (D) for his signature or his veto.

The Governor should veto SB 360, a sweeping, dangerous, ill-conceived and dishonestly presented piece of legislation, passed with little debate in public or in either chamber of the state legislature.

The measure has been, and is being, deceptively sold to the public and to state lawmakers as necessary to allow CA counties --- specifically Los Angeles County --- to "develop, own and operate public voting systems". In fact, the bill does much much more than that. What it actually does, among other things, is end the long-standing requirement that all electronic voting systems used in the state be tested and certified at the federal level before being allowed for use in California.

The bill also includes a provision allowing for new voting systems to be used in "pilot programs" during "a legally binding election", before the systems have been certified by the state in any way. That, in effect, could allow a new system to be used in an actual election, by actual voters in the Golden State, without any independent testing whatsoever, depending on a Secretary of State's interpretation of this poorly drafted bill. That should be a serious concern to all voters --- particularly given the massive flaws already discovered in e-voting systems used across the state (and country) that were subjected to independent testing by both federal and state authorities before use.

In other words, SB 360, as approved by the state legislature, does away with all federal testing for voting systems used in California, and, to make matters worse, grants the Secretary of State sole power to approve e-voting systems for use in actual elections --- even without certification testing by state auditors either.

As if all of that is not bad enough, the bill's Democratic author, state Senator Alex Padilla --- a leading 2014 candidate for CA Sec. of State himself --- has been misleadingly pitching the bill as necessary in order to allow for the use of non-proprietary, publicly-owned voting systems in the state. But, in fact, CA already allows the use of non-proprietary, publicly-owned voting systems. In fact, the voting system currently in use across L.A. County --- the largest voting jurisdiction in the nation, with more voters than 36 actual states --- is already publicly-owned!

Such facts were not been mentioned by Padilla during his office's advocacy for the bill, and they have failed to respond to our multiple queries on that point and several others since the bill was initially introduced earlier this year. Instead, the state Senator and SoS candidate continues to dishonestly pitch the bill to the public, as evidenced again in his Friday press release (posted at the bottom of this article), touting the bill's approval by the state legislature.

"Allowing counties to develop, own and operate voting systems will increase voter confidence in the integrity of our elections," Padilla is deceptively quoted, in bold text, as saying in a number of press releases in support of the bill, including Friday's release. He then adds misleadingly (since we already have such a system here in Los Angeles): "A public voting system will be more transparent, instill public trust, be more accountable and provide greater access to all voters."

In short, SB 360 is a dangerous, irresponsible bill which fails to learn from the recent history of previously irresponsible and/or corrupt Secretaries of State, completely rewrites the state's election code to allow for less testing, rather than more, of the state's already-buggy and insecure collection of e-voting systems, and it's being sold dishonestly to the public and lawmakers by a legislator who is very likely to be the recipient of its new, sweeping, unprecedented, executive powers...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 8/9/2013 11:01am PT  

This 14-year old Canadian girl, Rachel Parent, is tremendous. Watch her clean the clock of the TV host who bad-mouthed opponents of Monsanto and their GMOs and those who support the "Right to Know" campaign to require genetically modified foods to be labelled as such.

She's just fantastic. My favorite part (and there were many), was when the jackass host accuses her of being a "shill" for "extremists"...just moments after he basically accused her of wanting to kill millions of children with her advocacy.

Color me very impressed with this young lady...

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By Ernest A. Canning on 6/17/2013 2:15pm PT  

In a ruling hailed by voting rights advocates today, Arizona's requirement that newly registered voters submit proof of citizenship with their registration has been struck down by the U.S. Supreme Court in a 7-2 decision. Justice Antonin Scalia authored the opinion for the majority, while Justices Clarence Thomas and Samuel Alito dissented.

The court rejected provisions of Proposition 200, a ballot measure approved by AZ voters in 2004, which mandated that state election officials reject all applications to register to vote that did not include documentary proof of citizenship. Those documents, however, are not currently required by the Federal Form for voter registration, as approved by the Elections Assistance Commission (EAC) pursuant to provisions of the National Voter Registration Act of 1993 (NVRA).

Today's ruling in Arizona v. Inter Tribal Council of Arizona [PDF], is grounded upon the plenary power given to Congress by the Elections Clause (Art. I §4 of the U.S. Constitution) empowering Congress to preempt state regulations governing the "Times, Places and Manner" of holding federal elections. The court found that the NVRA mandate that states "accept and use" the Federal Form for voter registration takes precedence, and that Prop 200 is invalid because it conflicts with the Congressional intent that the NVRA help ease the ability of citizens to register to vote.

Writing for the majority, Justice Scalia observed that if a state could "demand of Federal Form applicants every additional piece of information the State requires…the Federal Form ceases to perform any meaningful function, and would be a feeble means of 'increas[ing] the number of eligible citizens who register to vote in elections for Federal office.'"

This does not close the door on the issue altogether, however. Justice Scalia noted that, pursuant to the NVRA, any state can ask that "the EAC alter the Federal Form to include information the State deems necessary to determine eligibility." If the EAC then rejects such a request, the state "may challenge the EAC's rejection of that request [in court]"...

--- Click here for REST OF STORY!... ---

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GOP right to be concerned, just not for the reasons they claim
Wrong and Wronger: Bill pits former, currrent GOP Sec of State's against each other...
By Brad Friedman on 5/3/2013 4:41pm PT  

An ambitious election reform bill supported by state Democrats and the Colorado County Clerks Association, which is largely made up of Republicans, will soon land on the desk of Democratic Gov. John Hickenlooper, despite the objections of Republican lawmakers and the state's extraordinarily partisan Republican Sec. of State.

The bill has now been approved by both chambers of the Colorado legislature --- along party lines in each --- but must be approved again in the House due to "technical" amendments from the Senate. But while it may be too late, partisans and lawmakers would have been wise to look carefully before leaping in support of this bill which offers both excellent reforms and reasons to be very concerned about one of its central provisions.

John Tomasic of the Colorado Independent offered a detailed report earlier this week on the major concerns and somewhat confusing partisan divides on both sides of this particular piece of legislation.

There's a lot of good, long-overdue provisions in the sweeping, 126-page bill [PDF] (mercifully summarized on pages 2 through 4). The key provisions --- and main points of contention --- are summarized this way by Tomasic:

House Bill 1303 seeks to expand voter participation mainly by establishing a system that includes same-day registration up to Election Day and that mails ballots to all eligible voters in the state. Under the proposed law, voters would choose whether to mail their ballots back to the clerks, drop them off at early voting centers or fill them out at the polls on Election Day.

Tomasic goes on to explain that the bill, dubbed "The Voter Access and Modernized Elections Act", is sponsored by Democrats in both the CO House and Senate, but it's "based on a plan approved by a large bipartisan majority of clerks who run the state’s elections county to county. The Colorado County Clerks Association reports that 75 percent of the 64 clerks in the state support the bill. The Association is anything but a left-wing cabal: At least 44 of the clerks, some 70 percent, are Republican officeholders."

The politics on this one may be understandably confusing to some --- particularly with a former Republican Sec. of State favoring the bill, and the current Republican Sec. of State ardently opposing it --- but the professed concerns of the latter (that the expanded registration provisions will lead to "voter fraud") are largely nonsense. While the advocacy of the former (pushing broad expansion of vote-by-mail ballots to every voter in the state) ignores very real fraud concerns...

--- Click here for REST OF STORY!... ---

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Pay Attention: Nation's largest voting jurisdiction plans to design system for L.A., sell it to other counties in state, country...
[UPDATED w/ additional response from the U.S. Election Assistance Commission]
By Brad Friedman on 4/24/2013 7:05am PT  

The good news: When the largest voting jurisdiction in the nation gets its new voting system, perhaps as early as 2015, it will not including Internet Voting, according to Dean Logan, Registrar-Recorder/County Clerk of Los Angeles. The bad news: It will very likely include touch-screen computers and, with them, 100% unverifiable voting.

I interviewed Logan last week on my KPFK/Pacifica Radio show [full audio interview is at the bottom of this article], and we had a very informative discussion about what voters in Los Angeles may have to look forward to in the coming years, as well as many of you in the rest of the country, since the new system is being designed with an eye towards selling it to other counties in California as well as in the rest of the country.

So this is not just a local L.A. story. It's likely to affect the way that votes are cast and tallied in much of the nation. It's well worth paying attention to, even if, unlike me, you don't live here.

Los Angeles County alone "has more voters than 42 of the 50 states," according to Logan's office. It features nearly 5,000 precincts. Well over 3 million votes were cast in this one county alone during the November 6, 2012 Presidential Election. When Logan took over the job of Registrar after our previous one resigned, suddenly, just months before the 2008 President Election, he had a monster of a job to take over. It's still a monster. And it may soon get even more gargantuan as he attempts to re-work, re-design and, indeed, re-think how voters vote here, and as we move from our current publicly-owned voting system to our next publicly-owned voting system. (L.A. is one of the very few jurisdictions in the nation which owns, maintains and designs its own system. Most similar systems in the rest of the state and nation are proprietary, owned by the private companies which make them, and don't allow even the election officials in those jurisdictions access to their "trade-secret" software and source code.)

While, happily, Logan offered me some assurance that we won't be casting votes over the Internet with his new system --- an assurance that should bring some measure of relief to both Election Integrity advocates as well as the consensus of computer science and security experts who are also experts in voting systems --- there is still much cause for concern, as this still-unknown voting system begins to take shape...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 11/5/2012 5:35am PT  

[This article has been cross-posted by Salon...]

Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as "uncertified 'experimental' software patches" being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties which service more than 4 million voters Buckeye State voters.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted's office and ES&S, the nation's largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as "High-level enhancements to ES&S' election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File."

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio's tabulator systems. The memo claims that "its function is to aid in the reporting of results" by converting them "into a format that can be read by the Secretary of State's election night reporting system."

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to "halt the use of secretly installed, unauthorized 'experimental' software in 39 counties' tabulators". Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as "a flagrant violation of the law."

[Update: Details and documents from that lawsuit now here...]

"Before you add new software, you need approval of a state board," says Arnebeck. "They are installing an uncertified, suspect software patch that interfaces between the county's vote tabulation equipment and state tabulators." Arnebeck's alarm is understandable.

Since the story initially broke, I've been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I've also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State's office have gone unanswered, as had Fitrakis' and Bello's before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn't respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

I'd like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday's election --- in which Ohio's results are universally believed to be key to determining the next President of the United States --- preclude that.

So, based on the information I've been able to glean so far, allow me to try to explain, in as simple terms as I can, what we current know and what we don't, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don't know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted's office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they've given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am...

--- Click here for REST OF STORY!... ---

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Petitoners argue Judge's suggested partial injunction would disenfranchise voters, violate state Supreme Court's mandate...
By Ernest A. Canning on 9/30/2012 9:30pm PT  

A Pennsylvania Commonwealth Court judge may be on the verge of "splitting the baby" in his latest ruling on the challenge to the state Republicans' polling place Photo ID law, despite a clear mandate from the state Supreme Court ordering him to either find the new law will not disenfranchise any voters this year, or block it entirely with an injunction.

Last Friday, attorneys representing the petitioners in a lawsuit challenging the legality of the state GOP's draconian polling place Photo ID law, filed a 26-page Post Hearing Brief [PDF] in which they counseled Commonwealth Judge Robert E. Simpson not to defy the state Supreme Court by issuing only a "limited injunction" in the case.

Such a ruling, they argue, could force a minimum of 90,000, but perhaps as many as 1.6 million voters who lack the requisite Photo IDs, to cast provisional ballots --- which are sometimes counted, sometimes not --- during the Nov. 6, 2012 election.

The brief was filed one day after Judge Simpson informed the parties to the case that, despite evidence that there was no conceivable means by which the Commonwealth could supply all of the otherwise eligible voters with the requisite Photo IDs now needed to vote under the new law before the Nov. 6 election, he was inclined to enjoin only that portion of the Photo ID law's provisional ballot section that contains disenfranchising language.

Petitioners contend not only that such an injunction would defy the mandate laid down by the Supreme Court when it vacated Judge Simpson's previous order earlier this month, denying their request for a preliminary injunction, but that it would amount to an "inadequate remedy" that would create "a bifurcated system" that would entail a "naked disenfranchisement" of untold numbers of previously-eligible voters.

From the content of the brief, it is clear that unless Judge Simpson issues a full preliminary injunction barring enforcement of the Photo ID law with respect to the Nov. 6 election, this case will be headed back to the Pennsylvania Supreme Court once again, just over 30 days before the Presidential Election...

--- Click here for REST OF STORY!... ---

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Similarly failed systems set for use in all 50 states this November...
By Ernest A. Canning on 8/17/2012 11:33am PT  

By Ernest A. Canning and Brad Friedman

We now have yet another ominous sign of trouble that may be on the horizon for this November's election. As if we needed yet another sign. And, once again, the concerns come via failures on paper ballot-based optical-scan computer tally systems.

Election officials in Genessee County, Michigan have acknowledged failures by the county's M-100 model optical-scan system, made by Election Systems and Software, Inc. (ES&S), during its Aug. 7 primary.

According to the county's Supervisor of Elections and Vital Records, Doreen D. Fulcher, the system experienced paper jams that resulted in ballots being fed through the system more than once. Fulcher, who also noted that there were a "number of ballots cast" that "didn't initially match poll book numbers," downplayed the scope of the problem. Flint's MLive, however, reported that the County Board of Canvassers were "still unraveling" the problem ten days after the election.

It is not the first time the M-100, set to be used in 32 different states again this November, has caused headaches for election officials and voters. The systems have a documented record of failing to count the same ballots the same way twice during pre-election testing. Nor is it the only optical-scan system made by ES&S, the largest e-voting vendor in the nation, that has failed time and again during elections.

As The BRAD BLOG previously reported, ballots obtained by the New York Daily News through a public records request revealed that ES&S op-scan systems used in a South Bronx precinct in 2010 failed to count some 70% of the paper ballots correctly in that year's primary election. In November's general election that year, some 54% of the ballots were mistallied at the same precinct.

The South Bronx used the newer ES&S model DS200, which the company confirmed could overheat, causing anywhere from 30% to 70% of the votes scanned by the machines to be erroneously discarded or erroneously counted. Thus, in the case of New York, that meant that tens of thousands of perfectly valid votes went uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid.

The confirmation of the New York failure came almost two years after the election, once the newspaper was finally able to review the paper ballots by hand, under public records laws.

While Genessee County used the earlier ES&S Model M100, as we previously reported, the unreliability of opaque optical-scan computer tallying systems are, by no means, confined to the DS200 or, for that matter, to ES&S systems. Similar systems will once again be used across the entire country this November, to tally the Presidential election and all the races below it...either accurately or not...

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Thanks to a failed MSM and timid DoJ, most Americans do not realize true purpose of voter suppressing photo ID laws...
By Ernest A. Canning on 7/2/2012 8:05am PT  

Guest Editorial by Ernest A. Canning

The ACLU attorneys representing the petitioners in League of Women Voters of Minnesota v. Ritchie [PDF] (Ritchie), which is scheduled to be heard by the MN Supreme Court on July 17, 2012, have set forth powerful arguments why the Court should remove a polling place photo ID initiative from the November 2012 ballot.

The MN Constitution mandates that a ballot question must truthfully inform voters of what it is they are voting on. The ACLU, following the same format it applied when it successfully prevented a similar photo ID initiative from being placed on the November 2012 ballot in MO, sets forth specific examples of how the ballot question, as enacted by MN's GOP-controlled state legislature, falls well short of that standard.

The ACLU argument may well succeed before the MN Supreme Court. However, as reflected by polls suggesting nearly 80% of Minnesotans support the adoption of photo ID restrictions, there is a very real prospect that the ACLU's legal objections will neither be heard nor understood in the utterly deceived court of public opinion...

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Similar systems used by millions of voters in majority of states also found to have failed as 2012 Presidential election looms...
By Brad Friedman on 5/14/2012 6:51pm PT  

New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

You know those new electronic vote-scanning machines that are supposed to be foolproof in reading and counting every ballot in an election? Well, they're anything but foolproof.

In fact, they can screw up voter tallies to a fare-thee-well even after technicians carefully calibrate and test them.

So state and city election officials have discovered, along with the machine's manufacturer, thanks to insistent prodding by this page.

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

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By Brad Friedman on 2/27/2012 7:10pm PT  

Tomorrow (Tuesday), there's yet another "make-or-break" set of Primaries for the GOP establishment's preferred front-runner Mitt Romney in both Arizona and his home-state of Michigan. While pre-election polls suggest Romney's the run-away favorite in AZ, he reportedly has only a marginal lead in MI. Should he lose that state tomorrow, his party, and their nomination process, could well descend into complete chaos (even more so than it already is.)

But here's the good news for Election Integrity fans keeping an eye on the race track for tomorrow's horse race: Both Arizona and Michigan allow all voters to vote on paper ballots at the polling place if they wish. So there's actually something to count that reflects the voters' intent.

The bad news: Rather than count those ballots, the states will run them through oft-failed, easily-manipulated optical-scan computer systems and report whatever it is that the computers announce as "the results."

While many Americans mistakenly place faith in these systems, a report in today's New York Daily News illustrates --- yet again --- how foolhardy that is. And this one is a doozy (yes, yet another one)...

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Computer expert: 'Secure Internet Voting' is a bit like the phrase 'safe cigarettes'...
By Ernest A. Canning on 2/21/2012 8:56am PT  

Guest blogged by Ernest A. Canning

Brad Friedman has often compared the task of Election Integrity (EI) advocates to a game of Whac-A-Mole. One moment they expose an "it's the machines transparency, stupid" moment when the 100% unverifiable ES&S iVotronic touchscreens announced that the unemployed and virtually unknown Alvin Greene had somehow defeated the respected circuit judge and former state legislator Vic Rawl in the 2010 South Carolina Senate Democratic Primary. The next moment we learned that DC officials had planned a live experiment to use "an untested and unverifiable Internet Voting scheme on real voters, in a real election…" --- an experiment that Friedman described as "insane."

More than 16 months after that disastrous experiment came to a crashing halt following a spectacular hack, as initially reported by The BRAD BLOG, the PBS News Hour produced a short documentary, Internet Voting: Will Democracy or Hackers Win? (see video below), which touched upon the D.C. Internet Voting Hack.

The now-legendary hack was carried out by a team of white-hat hackers, led by Univ. of MI Computer Science Prof. J. Alex Halderman. Within hours after D.C.'s 2010 Internet Voting scheme was opened to the world for a hack test (just days before it was scheduled to go live for the real thing), Halderman and his team of U. of M. students found and exploited a vulnerability which gave his group almost total control of the server software, allowing them to rewrite every single ballot and even take over command of the security cameras inside the D.C. server room. Team Halderman not only acquired the ability to change votes and install the Univ. of MI fight song to be played at the end of every vote cast, but discovered and thwarted an intrusion attempt by Chinese and Iranian computers.

Disturbingly, the new PBS documentary also reveals that, despite the spectacular failure and warnings from virtually every computer science and security expert, election and Pentagon officials are still pressing forward with what MIT Prof. of Electrical Engineering and Computer Science Ronald L. Rivest describes, as seen in the short PBS report, as an "oxytopian" solution. "'Secure Internet voting,'" Rivest charges, "is a bit like the phrase 'safe cigarettes'"...

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