Yesterday Sarasota County, FL, began their state-run test audits of the paperless ES&S touch-screen systems used in Florida's 13th District House race where 18,000 votes disappeared, resulting in a 369 vote margin between Christine Jennings (D) and Vern Buchanan (R) to fill the seat vacated by former Secretary of State of Katherine Harris.

The first day of testing revealed miscounting errors on all four of the machines used during the test, according to the Sarasota Herald-Tribune and at least two citizen observers who blogged their account of the day's testing.

State officials who convened the panel blamed the miscounting on...wait for it...human error!

Of course they did. The panel itself has already been plagued with controversy after Election Integrity organizations criticized the selection of several members assigned to the commission, including the very partisan Alec Yasinsac, who appeared on the steps of Florida Supreme Court in 2000 wearing a "Bush Won" button, and David Drury, the state official who certified these particular systems in the first place for the state of Florida, declaring them safe and accurate for use in an election.

The first day of testing employed machines that were not actually used in the November 7th election (Friday's testing will include machines actually used that day) and were not performed under normal voting conditions (e.g., the machines were hung from the wall, instead of placed on stands to approximate the height they would be for most voters --- important, since these machines tend to register votes differently for tall voters than they do for other voters.)

Nonetheless, errors in the counting were registered by all of the machines used in testing. The results differed from the votes in "scripted" ballots that state testers had punched into them. Ironically, the errors ended up giving Jennings a higher vote total than she should have had according to the prepared voting scripts.

The Herald-Trib --- who, by the way, has reinstated its FL-13 Special Coverage page since we pointed out its removal a few days ago --- is reporting today that, "All four voting machines that officials used to simulate the Nov. 7 election had miscounts, and three of them had miscounts in the District 13 race."

A diarist over at DailyKos who has been on-site, covering the day-by-day details of the goings-on --- and who has a user name we well approve of --- "BeTheMedia" describes yesterday's results this way:

And, of course, it is interesting to see how the State explained the shift, though their explanation is no longer much of a suprise...

Sunday's short NY Times editorial, titled "Déjà Vu in Florida," concerning the mess in Sarasota's FL-13 U.S. House race between Christine Jennings (D) and Vern Buchanan (R) (369 votes difference, 18,000 missing votes on the paperless ES&S touch-screen systems in Jennings's strongest county) gets much right. But on one huge point, they get it completely wrong.

First...Here's the highlight graf amongst the stuff they got right:

Agreed. Wholeheartedly. 'Nuff said.

But here's the lowlight graf, in which they get it all wrong at the conclusion of the editorial:

Wrong.

A so-called "voter-verified paper trail" on Sarasota's touch-screen systems would not have solved the problem in Florida. I'll have more on this issue in the coming days, but suffice it to say for now: Paper trails, such as they are used with DRE/Touch-Screen systems, do not work. Voters don't verify them, elections officials don't count them, they are not accurate, they can be gamed, they jam the printers which leads to voters being turned away without being able to vote...among just a few of the reasons.

VotersUnite.org has now come out with a complete statement on why even they are no longer willing to support voter verified paper audit trails (VVPAT) and thus, they will not support Rep. Rush Holt's otherwise well-intentioned HR550 legislation as long as it allows for VVPAT. Neither will we. More on all of that soon as well.

In the meantime, I've said it before, and I'll keep saying it...louder and louder each time if necessary: America needs a paper BALLOT for every vote cast.

Period.

I hope you'll join me in that call. I'll try to make it easier for you to do so in the coming days.

If there's one thing the events of Election 2006 have made crystal clear, it's that the VVPAT train wreck ahead needs to be derailed immediately. The New York Times (no suprise) is clueless there. But, at this point, there is no longer any excuse for any self-respecting Election Integrity organization to keep their heads in the sand on this one.

BREAKING UPDATE: Please note, since posting this story earlier this morning, a blockbuster has occured. The National Institute of Science and Technology (NIST), the federal body responsible for creating the federal Voting System Standards (such as we have any), has recommended that all touch-screen DRE voting systems should be decertified! Further, apropos of my story above, they've said that so-called VVPATs do not work and should not be used with touch-screen systems! Complete breaking story posted here...

Apropos of our previous piece --- in which we pointed out that nothing exists until the corporate mainstream media says it does --- Associated Press has now officially characterized the Florida 13th Congressional Race as a "meltdown" --- one which is "a microcosm of the 2000 Florida election fiasco that put George W. Bush in the White House."

Of course, simply calling it a "meltdown" (gosh, where have we heard that description before?), doesn't mean the corporate mainstream media will treat it as one. If it's really "a microcosm of 2000," one would think the issue would lead to banner headlines everywhere. It should, of course, since the only actual difference between Florida's Bush/Gore 2000 and Florida's Jennings/Buchanan 2006 is that, as good luck would have it, the balance of neither Congress nor the White House depends on the final outcome. But that's just a stroke of luck. One that --- one would think --- even the CMSM could connect the dots on.

But perhaps not.

Even Sarasota's Herald-Trib which, as we've previously pointed out, has been the bible of mainstream FL-13 coverage, has now disappeared their website link to, and apparently ceased updating, their FL-13 Special Coverage page.

We hope that will change since the story is, quite clearly, far from over down there and we've been closely following the Herald-Trib's excellent body of coverage and archives for reference.

But for now, at least, it's back to the blogs for the latest. Paul Kiel over at TPMMuckraker has the latest updates on this week's scheduled and controversial (some would say pre-discredited) state-run audit of the paperless ES&S touch-screen machines which caused 18,000 votes to disappear in the election.

UPDATE: We also meant to point you to this spot-on satire from H-T columnist Daryl Lease, by the way, when we originally published this article.

In case you missed it, over the Thanksgiving Weekend the Orlando Sentinel found that --- had the machines actually worked as well-advertised and promised --- the Democratic candidate Christine Jennings would have won the race that has since been certified by the state of Florida in favor of the Republican candidate Vern Buchanan.

With that, and the following statement from Katherine Harris (whose U.S. House seat, ironically, is the one at stake in FL-13) quoted by the AP article which kicked off this item --- "Now we're the national model instead of the national concern. There'll never be a hanging, dangling or pregnant chad again," she said in 2001 when Florida certified their "upgrade" to the machines they now use --- we might suggest the following new slogan for the Sunshine State...even if it's perhaps too long to fit on license plates:

Florida: Fucking up American Elections Since at Least 2000

For the record...AP also mentions that Florida's former and now-disgraced Secretary of State --- never one previously to let anything get between her and a press appearance --- seems to be taking a page from Diebold's Cut-and-Run PR Playbook at this point: "Harris, who lost her bid for U.S. Senate, did not respond to several messages left this week by The Associated Press."

The New York Times' Ian Urbina (this time with Christopher Drew) continues to stay on point with his Electoral Failures coverage at the Grey Lady. Unlike Urbina's last report, this time he wasn't undermined by the Times headline writers. (Does anyone with a hard copy of the paper know what page this was reported on, btw?)

To his additional credit, he didn't use the word "glitch" even once. Thank you, Ian. Here are a few highlights from his piece in today's paper...

Of course, BRAD BLOG readers will remember our desperate call for "Emergency Paper Ballots" here in the weeks prior to the election. On that, Urbina reports...

Wow. Who could have predicted that?!

And there's more...Of course, the "experts" (word used very cautiously!) are beginning to notice that things on Nov. 7th were worse than they had originally understood. "Voting problems may actually have been wider than initially estimated, with many malfunctions simply overlooked," reports the Times.

So how bad were they? How about 60,000 missing votes in Florida, bad. 20,000 voters who couldn't vote in Colorado, bad. Or in Arkansas, where "election officials tallied votes three times in one county, and each time the number of ballots cast changed by more than 30,000," bad.

And then there's the erstwhile election "expert" Doug Chapin of Electionline.org whose "expert" opinion ensures his presence in just about any mainstream media coverage of these matters. Mr. Chapin continues, on schedule, working all sides of the street in Urbina's piece. It's a tricky juggling act for this "expert" --- mustn't offend the Voting Machine Companies or the Elections Officials who pay his bills, or even, to a lesser extent, the Election Integrity advocates who might just call him a phony if he's not careful --- but, as John Gideon pointed out in yesterday's DVN, even Chapin's having a difficult time avoiding the obvious:

And the award for "Understatment of the Year" goes to...

UPDATE 9:01pm PT: Reader Adele writes to tell us that Urbina's article was on "page 30 of 36 pages in the National section" of today's paper.

Let's start with Krugman's "When Votes Disappear":

"In danger of becoming..."?!! Okay, it's Thanksgiving weekend, so we'll just be thankful Krugman has decided to finally notice.

He also notes the concerns about the very partisan (natch) Prof. Alec Yasinsac whose been placed in charge of Florida's state investigation despite having "made an appearance on the steps of the Florida Supreme Court during the 2000 recount battle wearing a 'Bush Won' sign," as Krugman reports.

We'll also note that Livermore Labs' Prof. David Jefferson, who spent the last two weeks in Sarasota himself writes in several comments here at The BRAD BLOG that he is more optimistic about Yasinsac and the state investigation over all. Johns-Hopkins computer scientist Avi Rubin reports a similar sentiment on his blog today, defending Yasinsac and concluding about Krugman:

While we certainly hope that the Jefferson/Rubin evaluation/hopes end up being the correct ones, we're not sure they are keeping in mind the necessity of even the appearance of impartiality here.

If Yasinsac's group finds trouble in the machines, great. It can be said that even a tream led by a Republican partisan agreed the machines were to blame. On the other hand, if Yasinsac's group concludes there was no problem with the machines, the analysis will receive no confidence from the general public...where such confidence is much needed right about now.

Yasinsac should recuse himself from the team of analysts for exactly that reason, even if the rest of his team at Florida State University --- whom Rubin regards as excellent --- stay on the job. The same is true, and for the same reason --- as we discussed the other day --- for David Drury, who is also on the team, even though he is the man responsible for certifying these paperless ES&S touch-screen systems in the first place for the state of Florida. A "machines worked fine" conclusion from the team, as long as both Drury and Yasinsac are on it, will be regarded as partisan and/or self-serving. Whether it actually is will be completely beside the point.

Moving on then...Even WaPo's E.J. Dionne is beginning to get it. Today, he writes something remarkably similar to what I wrote for ComputerWorld on the day after the election about the huge bullets that the nation just happened to dodge on November 7th. Here's Dionne this morning...

Of course, we've been covering Christine Jennings's (D) refusal to concede and her stand in favor of the voters in the FL-13 fiasco. And though we haven't mentioned it lately, vote-rigging whistleblower Clint Curtis (D), rather than conceding, is convening a group of volunteers to verify the reported "results" of his race against the corrupt Tom Feeney (R) in FL-24.

But several other House candidates, from North Carolina to Ohio (but not New Mexico), are still fighting to assure the voice of the voters is accurately heard...

Sarasota's Herald-Tribune has emerged as the bible of local, and in-depth, coverage in the FL-13 undervote fiasco. Today, however, the Orlando Sentinel published the results of an audit of "records of 17,846 touch-screen ballots that included no vote in the tightly contested 13th District congressional race to determine whom voters selected in other major races." They find that those ballots strongly favored the Democrats:

The Herald-Tribune editorial board today correctly writes that "Jennings Should Not Concede" as they argue there is "too much room for doubt about election's true outcome."

And finally, for the moment, one of the groups involved in the voter lawsuit --- which calls for an investigation and a revote in the election where 18,000 votes went "missing" with the margin between the two leading candidates at just below 400 votes --- charges that the state-convened audit committee is cooked (no suprise, this is Florida after all). In a news release sent to us moments ago, and posted in full below, People for the American Way reports that committee member David Drury, the man responsible for certifying voting machines for the state of Florida, clearly has "a vested interest in finding that the [paperless ES&S touchscreen machines used in FL-13, which] he certified functioned properly." Additionally, the PFAW release points out, Drury is also responsible for approving the shipment and "illegal distribution" of uncertified voting machines to the state of Florida.

Oh, and Sarasota County's Supervisor of Elections, Kathy Dent, has still not resigned. Just thought we'd mention that.

The complete PFAW press release follows in full below...

Details follow below the fold on the voters' lawsuit filed today calling for an investigation and full re-vote in the FL-13 U.S. House race between Christine Jennings (D) and Vern Buchanan (R). There are currently 363 votes between the two of them, with more than 18,000 votes unaccounted for on the paperless ES&S touch-screen systems used in Sarasota County. We'd give more of a recap of our story so far, but the press release from the four non-partisan groups who filed the case --- Voter Action, Electronic Frontier Foundation, ACLU, and People for the American Way (Florida) --- does a great job in summarizing the issues. We recommend you give it a read.

For our complete FL-13 coverage, you may click here for all of our stories to date, in reverse order.

UPDATE: The full complaint is now available for download here [PDF].

One point, however, to make clear, especially in light of the many calls for Sarasota County Supervisor of Elections, Kathy Dent, to take responsbility for the disastrous administration of this election by resigning immediately: the press release notes that the legal complaint charges "misconduct by election officials" and "evidence that legal votes were rejected in sufficient numbers to place in doubt the outcome of the election.":

Indeed, Dent knew about the problem well before Election Day, according to her statement on this video, and yet clearly failed to take appropriate remedial steps before 18,000+ votes were lost to the ether in her paperless ES&S touch-screen voting machines.

By the way, the Democratic candidate Jennings held a press conference herself yesterday (video here) --- along with her Republican(!) attorney --- and answered to Buchanan's obnoxious press conference held earlier in the day (we covered that here.)

As far as we're concerned, Jennings, in making her pledge that she "will not rest until the intended votes are counted and every person's vote is counted and reflected accurately" --- along with her courage in not allowing herself to be pushed around by the anti-democratic thuggery of her opponent --- has shown herself to be the model of what every candidate ought to look and sound like in the wake of such a horrendously administered election, in which the ability to determine the will of the people has been so clearly subverted.

The press release from the groups filing a lawsuit on behalf of Florida's voters follows in full...

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?!

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...

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")

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.

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...

In what ought to be the first of a wave of resignations by Elections Officials across the country who have utterly failed the very voters they are supposed to be serving, one of three commissioners of the Denver Board of Elections has resigned today in the wake of the city's e-voting meltdown last Tuesday. He has apparently shown a measure of grace and responsibility far too rare in most Elections Officials...

Of course, apparently the Washington Post --- who editorialized on Sunday that "the system worked" --- doesn't read the Denver Post, so they don't know about Denver's "disastrous election." Or they simply don't care.

We've come to expect such failures from the country's national media, but the larger question now remains: will other failed Election Administrators have the decency to do what Mr. Vaden did?...