On October 17th, we reported that World's Worst Supervisor of Elections Kathy Dent of Sarasota, FL, had discovered in pre-election tests that her new Diebold/Premier optical-scan voting systems failed to properly read paper ballots marked with blue ink.

Her "solution": Make sure that black pens were available at polling places, and otherwise have election officials duplicate blue-inked ballots by hand (and in secret, naturally, where the voter wouldn't be able to watch).

While an attempt could be made to encourage voters to use black ink at the polling place, there was no real way to ensure that absentee voters used black ink, other than try to encourage them to do so.

So, naturally, the inimitable Ms. Dent sent out thousands of sample ballots [PDF] encouraging votes to use "a blue or black pen"...

Dent, of course, is the same disastrous Supervisor of Elections who presided over the 2006 FL-13 Congressional race in which 18,000 electronic ballots in Democratic-leaning Sarasota disappeared from the county's ES&S touch-screen systems, in a race decided in favor of the Republican by just 369 votes. Later, she actively campaigned --- by placing leaflets in the polling place! --- to keep those touch-screen machines in use, despite that failure, and despite a measure on the ballot in the same election calling for a move to paper ballots.

Since the state now requires paper ballots, Dent chose to install the newest Diebold/Premier optical-scan systems, the ones that don't read blue ink properly, despite the fact that they had not been federally tested or certified for use at the time. Florida does not require federal certification tests for voting systems before using them.

Heckuva job --- as usual --- Kathy!

The November 3rd Election Day is nearing, so naturally the words "glitch," "hiccup," "snafu," and "snag" are back in the headlines, instead of the word "failure," which would be the appropriate one to use in such cases.

Today, it's our old friends in Sarasota, under the continuing and now-legendarily failed direction of Supervisor of Elections Kathy Dent and her latest failed voting system, this one an optical-scan system made by Diebold, featured in the Charlotte Sun's "Scanning glitch in vote machine test":

The machine that didn't work --- no, it's not a "glitch," it didn't succeed in carrying out the purpose for which it was designed and purchased anymore than a car which didn't start, or whose brakes failed could be said to have a "glitch" --- was the old, failed Diebold Accuvote optical-scan system, similarly used in hundreds and hundreds of counties in dozens and dozens of other states.

The "solution" Dent ultimately settled on in response to the failure of the machines made by Diebold (now calling themselves Premier and recently purchased by their larger competitor ES&S) is as bad, and as offensive, as the original failure itself...

Now comes the vote-flipping on touch-screen machines in Davidson County (Nashville), TN, where early voting has also begun. This time, the problems occurred for David and Patricia Earnhardt, the director and executive producer of the award-winning election integrity documentary, Uncounted: The New Math of American Elections which details the history of problems with electronic voting across the nation and some of the whistleblowers and EI advocates who've helped to bring the matter to light. [Disclosure: The BRAD BLOG is prominently featured in the film.]

The Earnhardts' story of what happened to them last Friday when, among other things, Patricia's attempt to vote for Obama on the ES&S touch-screen wouldn't register at all, and at one point, with a poll-worker trying to help, had actually registered a vote for Green Party candidate Cynthia McKinney --- five rows away from Obama on the screen --- follows below.

The first reports of vote-flipping on touch-screen machines (we expect many more, as we saw in both '04 and especially in '06) came in from two counties last week in West Virginia, which also uses ES&S touch screens across the entire state.

The machines in both TN and WV need to be taken out of use and impounded immediately. So far, it's been Democrats, again, who are being affected by these problems, while votes are flipping from Democratic candidates to others. While the DNC and the Obama campaign ought to be raising holy hell, so far they are not...

Today Premier/Diebold has again had to accept the blame for voting machine failures. This time the optical scan machines that had tallied absentee ballots in Sarasota County would not upload the totals to the main server and refused to post elections in Hillsborough County. Election officials in Sarasota ended up having to count 10,000 ballots by hand. It is a good thing they had the paper ballots to count by hand or those votes would have been lost....

From the St. Petersburg Times...

And yet, we're often told by voting machine companies that viruses can't get into these systems. Then there are the election officials who have bought into these systems, yet know nothing about them, who respond to the public and the media as if they do, regularly making ridiculous claims that such problems can't happen because "at no time are our systems connected to the Internet."

Whether they are or aren't, it's an absurd response. Malicious software can get into the system any number of ways, via non-Internet networking, USB thumb drives, etc. It can then undedectably affect an election without detection.

In the Summer of 2006, after my organization, VelvetRevolution.us, was given a Diebold touch-screen system from an insider source, we loaned it to Prinecton for testing and they were able to insert a vote-flipping virus via the memory card which could pass itself from machine to machine and flip an entire election without detection.

And, of course, on the first day of Early Voting in the now-infamous FL-13 Congressional race in 2006 where 18,000 votes mysteriously and still-inexplicably disappeared, a malicious viral worm took down a key part of the network infrastructure on which the registration system ran, grinding voting to a halt that day.

Similarly, exclusively reported thereafter, the scientists who studied the ES&S voting machines used in that FL-13 election discovered that the ES&S touchscreen systems --- used in some 16 different states --- were also vulnerable to the same type of virus that Prinecton was able to insert into the Diebold machines. To this day, despite being told about it by the scientists who discovered the problem, the U.S. Elections Assistance Commission (EAC) refuses to warn jurisdictions that use the same machine model about its vulnerability, even though it was described as potentially even more serious than the one discovered in the Diebold systems.

Other than that, everything's fine. Nothing to see here. Move along, folks.

How easy is it to enter any election results you want into the Diebold central tabulator? When you use Diebold's "Manual Override" option, it's exactly this easy...

The video above was shot on the night of the recent Primary at the election headquarters in Florida's Sarasota County, home of the infamous 2006 13th Congressional District where 18,000 votes disappeared on ES&S iVotronic touch-screens in an election decided by a 369 vote margin. The county now uses Diebold's paper-based optical-scan system, which failed to work as it was supposed to on Election Night. So, as seen in the above, the county election staff used Diebold's "Manual Override" to enter voting results into the tabulator with none of the party observers or board of election commissioners bothering to watch.

Kudos to one of Florida's Election Integrity citizen activist/video heroes, Jeannie Dean, for shooting and compiling the above.

Please note her advice tips, at the end of the video, instructing how you can similarly help out big time this November!

"Why in the world would either the Legislature or the secretary of state or anybody object to local elections officials trying to ensure that their system operates as intended and that they get it right?" asked FL Supreme Court Justice Harry Lee Anstead as he crawled out of his cave to officiate at a hearing yesterday in Tallahassee.

The nearly-unheard of voice of reason momentarily reared its lonely head on Wednesday, if perhaps just temporarily, from the Alice in Wonderland rabbit hole down which American elections have almost entirely disappeared.

Anstead was questioning attorneys representing Sarasota's still-unresigned, democracy-hating Election Supervisor Kathy Dent and FL's Sec. of State Kurt Browning. The pair are attempting to nullify the democratic (small "d") citizens' ballot initiative successfully voted in by a majority of Sarasota voters in 2006. The initiative called for improvements in the county's election system --- including paper ballots with post-election audits --- in hopes of offering more accuracy and integrity.

Needless to say, Dent and Browning are against that idea.

The following snippet of yesterday's extraordinary exchange --- including the attorney's remarkable response to Anstead's question --- comes from a Sarasota Herald Tribune report today.

Silly Harry. Clearly he needs to get out more...

On Election Day in 2006, in Sarasota County's 13th U.S. Congressional district race, some 18,000 votes cast on ES&S iVotronic touch-screen systems failed to register a vote for either candidate on the ballot. It was an extraordinarily high undervote rate, which has never been explained, in an election outcome determined by just 369 votes. (BRAD BLOG's long series of reports on FL-13 here.)

Nonetheless, just last year, the county's horrible, and still un-resigned, Supervisor of Elections, Kathy Dent (one of the country's absolute worst), lied to a bunch of colleagues during a speaking engagement at the Pacific Northwest Election Conference.

"It was only after the results were in and the 18,000 undervotes were revealed that all of a sudden there were all of these folks that started saying well they couldn't touch the machines ... and their vote wasn't registering," she tells her colleagues, as seen in the video above right, as captured by Ginny Ross of the Oregon Voter Rights Coalition.

"But they were all after the fact," Dent informs the crowd, "and there were no phone calls coming into my office. So it's a little bit of an indication that there may have been some politics involved in this."

Documentation from her own office, however (yes, a paper trail!), shows incontestably that the Election Director's comments, as caught on tape, are a complete and utter and unrepentant fabrication...

The Sarasota Herald-Tribune's column today on the awful Sarasota, FL, Supervisor of Elections, Kathy Dent --- and the criminal complaint against her outrageous, unlawful Election Day, in-precinct campaigning against a 2006 ballot initiative to ban touch-screen voting machines in the county (the initiative passed, despite her best efforts, and carefully placed brochures on voter sign-in tables!) --- is so good that I don't want to quote from it.

I want you to read it.

As the Herald-Trib describes, as revealed in Dent's interview conducted by the Florida Dept. of Law Enforcement, concerning her inappropriate (and illegal) placement of pro-touch-screen brochures in polling places, Dent admits she was aware of a voter's complaint about it, but ignored it "because she had assumed it was from 'one of the activists' that had been criticizing her and her machines."

The FDLE report on the matter, including their interview with the apparently-pathological Ms. Dent, as referenced in the column as "good reading", may be downloaded here [PDF, 16mb].

Dent, of course, is the woman who also presided over the FL-13 U.S. Congressional election that same year, when 18,000 votes disappeared in her county only, and only on her precious, now-banned, ES&S Ivotronic touch-screen machines, as the Republican Vern Buchanan reportedly edged out Democrat Christine Jennings by just 369 votes.

If the linked column doesn't give you enough of an idea of what a horrible, anti-democracy villain Dent really is, perhaps the following lovely, 30-second phone message --- left on the voice mail of Tallahassee' Election Supervisor (and democracy hero), Ion Sancho, moments after he appeared on a Fort Myers radio show, heard in Sarasota, in which he was asked about, and praised, the Sarasota citizen ballot initiative to do away with the touch-screens --- will give you some idea:

Sancho adds that Dent was also scheduled to appear on the same program, but begged off, likely after she'd heard that he would also be a guest. Though when he got off the air and checked his cell phone messages, he found she'd called immediately after the program. So she was apparently available to listen to it, at least, even if she didn't have the courage to come on and defend her views.

We hope to have more soon on Dent and this case --- for which she's (incredibly) been exonorated by the FDLE --- in the not-too-distant future.

CORRECTION/UPDATE: We originally characterized the phone call from Dent to Sancho, posted above, as being in regard to the FL-13 election fiasco. In fact, Dent's call to Sancho was made prior to the '06 Election, in reference to his radio interview comments on the Election Reform initiative, as now explained above. We touched base with Sancho just now, and he had some additional thoughts about Dent and her inappropriate campaign to defeat the initiative in question. Said Sancho: "This woman knowingly campaigned against an initiative on the ballot. If she wanted to do that, at a minimum, she should have formed a political action committee to do so. Supervisors of Elections don't give up their right to free speech, but they have to follow the law, particularly if they wish to influence anything on the ballot."

Guest Blogged by Alan Breslauer

Will The 2008 Vote Be Fair? That was the topic addressed by host David Brancaccio and former Justice Department official David Becker on NOW last Friday. Part I (at left, 10:01) begins with a discussion of Photo ID laws to prevent the "invented problem" of voter fraud. The discussion continues at the 6:15 mark on the topics of voter caging and voter purging --- when the DoJ requires jurisdictions to purge their voter rolls when they do not match census estimates.

Part II (at right, 9:50) begins with Becker explaining how the Bush 43 Justice Department has subverted its traditional mission: "During about a five year span, not one single case was brought on behalf of African Americans in the Voting Section of the Civil Rights Division". Becker goes on to state that policies were established that favored Republicans and disfavored Democrats in an effort to "gam[e] the system" to retain power.

Next, Brancaccio and Becker explore how the U.S. Attorney scandal fits in to the bigger picture. Becker: "The DoJ, especially under Alberto Gonzales, was being used as an arm of the right wing of the Republican Party to effectuate partisan gains in elections". Finally, the program concludes with a discussion on voting machines and Florida's 13th District.

As we near the one year mark since some 18,000 votes inexplicably disappeared in Sarasota County, Florida, on the Direct Recording Electronic (DRE) touch-screen voting machines used in the U.S. House Election for the state's 13th Congressional District, more study is still needed to determine whether or not the voting machines were at fault, according to the report released today by the Government Accountability Office (GAO).

Even with the additional testing, the GAO admits, it will be impossible to determine for certain whether the touch-screen machines caused the extraordinarily high undervote race in the election.

The GAO's report [PDF] was presented to a Congressional task force investigating the challenge brought by Democratic candidate Christine Jennings, under the Federal Contested Elections Act, after the certified tally between her and her Republican opponent, Vern Buchanan, was reported by the state to be a slim 369 vote margin.

No reasonable explanation for the massive undervote --- found only in that particular contest, only in the Sarasota portion of the race, and only on the touch-screen ballots there (as opposed to the paper-based absentee ballots) --- has yet been proven by anyone.

The GAO has asked the task force to allow them to conduct further testing of the ES&S iVotronic touch-screen machines, in three specific areas, though they admit while "the proposed tests could help provide increased assurance, they would not provide absolute assurance that the iVotronic DREs did not cause the large undervote in Sarasota County."

Determining for certain whether the machines caused the problem would be "impossible," according to the GAO analysis, because they are "unable to recreate the conditions of the election in which the undervote occurred." Ah, the trouble with touch-screens.

As well, the report determined that "some of the prior tests and reviews conducted by the State of Florida and Sarasota County provide assurance that certain components of the voting systems in Sarasota County functioned correctly, but they are not enough to provide reasonable assurance that the iVotronic DREs did not contribute to the undervote."

While the Congressional task force has given permission for the GAO to proceed with their additional testing of the DREs, Jennings has already announced her intentions to run again in 2008 and Buchanan has voted for almost a full year with the Republican House caucus. And Democrats in the House prepare to vote on legislation which would allow the same faulty technology to be used in further elections.

QUESTIONS ABOUT ES&S CONTINUE

Among the unanswered questions in any of the FL-13 reports so far, is whether or not the source code reviewed in previous studies was the same as the code actually in use in the machines on Election Day. Recent news out of California demonstrates that ES&S has a prior history of playing fast and loose with different versions of hardware and software used on their machines in elections.

As well, reading past the summary section of the GAO report reveals another troubling disclosure by the nation's largest voting machine vendor...

Guest Blogged by Alan Breslauer

More information about the following report is available here. Since its airing, election legal watchdog Voter Action has called for a full Congressional investigation into the possibility of commercial fraud by the voting machine companies as based upon some of the startling information revealed in this exposé...

NOTE: As the original Google version of this report has been taken down for some reason, we are making it available here, in three easy to watch segments. Additionally, a complete transcript is now posted here, courtesy of Jerry Berkman.

Part 1 (30:09): Concentrates on voting machine vendor ES&S and their previously undisclosed touch-screen sweatshop factories in Manila...

Part 2 (8:07): Dan Rather interviews electronic voting apologist, machine tester, Michael Shamos...

Part 3 (26:25): The "HOLY COW!" revelations about Florida 2000 and the seven whistleblowers from Sequoia who reveal, for the first time, that "somebody" at Sequoia purposely used lower grade paper and misaligned the chads (for Palm Beach County, FL specifically) on the paper ballots used in that Presidential Election (see additional comments from John Gideon and Brad Friedman on this section below)...

UPDATE By John Gideon: The revelations in Rather's report from the Sequoia punch-card printers, that inferior paper was used in the 2000 election in Palm Beach, are stunning. It was all about corporate greed. Sequoia Voting Systems has a big anvil hanging over their heads and it is hanging by a thread. No wonder Smartmatic only paid $16M for Sequoia which had assets over $40M. The previous owners of Sequoia, De La Rue, wanted out and now Smartmatic wants out but who is going to buy Sequoia now with all of their liabilities?

ADDITIONAL UPDATE FROM BRAD: Holy cow! If you haven't seen this thing, you must. The second half of the program, after the stunning revelations of the ES&S sweatshop in Manila, followed by a mostly useless interview with voting machine apologist Michael Shamos, breaks some enormous news concerning Sequoia's apparent effort to create havoc with Florida's punch-cards in 2000. With seven company whistleblowers, all interviewed on camera, and by name, objecting to the company's use of faulty paper and then misalignment of chads, specifically for Democratic Palm Beach County only, this thing could lead to huge fallout.

The remarkable report --- for which Rather should receive some kind of award --- reopens 2000, as nobody at Sequoia is willing to cop to signing off on the bad paper and misaligned chads business after all seven employees interview had refused to do so. Who gamed that election? At whose orders? And doesn't that open up new questions concerning Clint Curtis' allegations that he was asked by Tom Feeney, prior to the 2000 election, to create software to rig a touch-screen voting system. Up until now, one of the criticism of Curtis' claims has been that "nobody was even thinking about touch-screens prior to the 2000 election. This report, and the fact that Sequoia was using touch-screens as early as 1998 in Riverside County, CA, may blow that wide open.

UPDATE 8/28/07: More details on the above update, and this report seals up yet another allegation of the formerly Republican whistleblower Clint Curtis, now here...

Blogged by Brad from Texas...

Meanwhile...Back in Florida's 13th Congressional District, where Christine Jennings has already announced plans to run again in 2008 for the seat she almost certainly already won in 2006, but hasn't been allowed to sit in it due to ES&S's touch-screen voting machines standing in the way of democracy...

That, from Sarasota Herald-Tribune, despite Sarasota County's still-unresigned Supervisor of Elections and democracy-hater-in-chief, Kathy Dent hiding shamelessly behind the skirts of the flawed and misrepresented state-convened "audit" of the voting systems used in her disastrously run election. The federal investigators from the GAO seems to be countering the state's and Dent's assertions that their own review proved that 'there was nothing wrong with the voting systems.'

Our sources say that the GAO reports that "gaps" were found during their investigation. Though --- as with nearly everything involving E-voting --- the investigation into what happened last November is shrouded in secrecy for now. So it remains unclear to the lowly voters as to what those "gaps" are that the GAO has discovered and which may have aborted their preferred choice of representation in the U.S. House...

Sarasota's Herald-Tribune highlights why it's imperative to get election results right on Election Night...

The Congressional challenge is due to problems with touch-screen DRE voting systems in the district which resulted in 18,000 lost votes, in a race certified as having been "won" by the Republican Vern Buchanan over the Democrat Christine Jennings by a 369 vote margin. Even the machine vendor (ES&S)'s own expert in court admitted that Jennings would have most likely won were it not for problems with their touch-screen DRE voting machines during the race.

A recent study of DRE voting systems found that two-thirds of voters didn't bother to check their review screens at the end of the voting process on such systems, and that even if they check them, they do not notice votes that have been flipped by the system. The study concludes that paper trail records, printed out after the review screen on DREs, would similarly not be noticed or checked for accuracy. Those findings confirm earlier results from an MIT/Caltech study which looked at similar issues.

The embarrassments caused by the District 13 race in Florida helped lead the Republican-controlled House and Senate in Florida to finally legislate a ban on DRE touch-screen voting machines altogether.

Supporters of Rush Holt's HR811 Election Reform bill in the U.S. House, however, have said that it's impossible to get a similar ban in the Democratically-controlled House and Senate, so they've refused to add such a ban to their sweeping bill. Those who have made the claim that a DRE ban could never win passage in the Democratically-controlled House and Senate have yet to offer any evidence for that claim, or even offer a single name of a supporter of the bill who would vote against it if it included such a ban.

The bill currently has 216 co-sponsors, although ComputerWorld today confirmed our report from earlier this week that Presidential Candidate Dennis Kucinich (D-OH) plans to withdraw his co-sponsorship of the bill.

The FL-13 election, meanwhile, was held back in November of 2006. The earliest timetable detailed in the Herald-Trib article, quoted above, would result in a decision on the matter by October of 2007. The Republican Vern Buchanan, who most likely lost the race by nearly everyone's (but his and Sean Hannity's) estimation, continues to vote with the GOP caucus in the House while the Democratic candidate, whom Sarasota voters had tried to send to the U.S. House, bides her time in Florida.

Guest blogged by John Russell, 2006 Democratic Candidate for the U.S. House of Representatives in Florida's 5th Congressional District

Just prior to the 1pm start of a recent U.S. House Administration Committee meeting, about which I had received third-hand notification that several contested Congressional elections from 2006 (including my own) were to be brought up and recommended for dismissal, I made several calls to House offices in the vain hope that I might be able to have our Constitutional rights protected and upheld.

Pragmatist that I am, I offered House Administration Committee Counsel, Tom Hicks, my thoughts, hoping that he would bring my concerns to the Committee’s attention. Understanding fully the genesis and context of this meeting --- held without notice to the contestants --- Mr. Hicks was apparently poised to enter one of those smoke-filled rooms we used to hear about.

Apparently, at that point, there was no citing of Constitutional rights convincing enough for this group of rascals to interfere with their plans to “slide our contests under the rug” and hopefully out the doors of Congress. I concluded my voice mail plea not to ignore our Constitutional right to due process by asking Mr. Hicks, “This is still America… is it not?”

The blatant disregard of the Federal Contested Elections Act and the U.S. Constitution by members of Congress exhibited in this meeting is beyond the pale. The Committee members’ audacity is only exceeded by the dearth of factual information regarding policy and political issues provided to the general public by the now defunct Fourth Estate, which has been replaced by the corporate media. As a candidate for federal office, I have now become completely acclimated to the ways and means of the liberally right-wing media in how candidates are at once dismembered, or accordingly contrived, by “The Establishment's” voice...