An instructional web page, explaining the ES&S touch-screen electronic voting machines in use during Florida's disputed FL-13 U.S. House Election gives faulty information to voters about the way the county's paperless voting systems works, The BRAD BLOG has learned.

The information offered on the county's election website, concerning the crucial process during which voters might choose to adjust any "undervotes" found on their electronic "ballots" at the end of the voting process, is misleading and incorrect. According to several sources, the systems in use during the contested November 7th U.S. House race between Vern Buchanan (R) and Christine Jennings (D) did not operate as advertised by the Sarasota County website.

The county web page in question is described as "a technical look at how the ES&S iVotronic touch screen system works." Yet, Sarasota's ES&S iVotronic systems, apparently, didn't work as described on the site.

The "VOTE button" on the iVotronic, as explained by the text on the website, will cast the vote only after the summary page is given to the voters, allowing them to explicitly approve or disapprove of any undervotes found on their "ballots."

"The iVotronic will review the ballot for any races for which the voter did not cast a vote (undervote), and asks if this is the intent of the voter," according to the webpage. The voter is then said to receive a YES or NO option to confirm their intention of undervoting in the particular race(s).

(The webpage is here. Click the #5 option to see how the "VOTE button" on the system is supposed to work. A screenshot of the page follows at the end of this article.)

Lowell Finley, however, an attorney for VoterAction.org --- one of several non-partisan organizations leading a voter lawsuit demanding a revote in the election --- tells The BRAD BLOG that "the statement on the Sarasota website is false" and that voters were not given such an option on November 7th.

We also inquired about the matter on Friday afternoon with the office of "the Honorable" Kathy Dent, Sarasota County's Supervisor of Elections...

From Tribune Media Services' Robert Koehler, in his latest column, "Electronic Treason"...

We feel ya, Bob. And thanks for being there where few dared to go back in those dark days of mid-2005.

Read the rest at Koehler's own site or at Huff Po.

ED NOTE: See our own thoughts on the "Constitutional Option" of a Congressional challenge in the Jennings/Buchanan FL-13 race, and how this version differs from the same law (mis)applied in last Summer's Busby/Bilbray Special U.S. House election in CA-50 as posted yesterday.

From today's St. Petersburg Times...

In a side note, Rep. Tom Feeney (R-Abramoff), a man who knows a thing or two about both bad elections and bullying people to get his way, is quoted in the story as well:

Feeney, aside from allegedly asking computer programmer turned whistleblower Clint Curtis to create vote-rigging software back in 2000 (which is notorious enough), notoriously also announced, back in 2000 as Speaker of the Florida House, that he would take it upon himself to ensure that Florida's Electors went to George W. Bush no matter what the United States Supreme Court would ultimately decide during the 2000 imbroglio.

Feeney is a bully of the highest reknown. With a fresh election "victory" under his belt (albeit one which his challenger, the whistleblower-turned-candidate Curtis, has questioned) watch for him to crank up his bully-boy-ness as things move forward in this and other related affairs in the new Congress. Watch for The BRAD BLOG to keep calling him on it.

It's a lovely change of pace when some of the other "big boy bloggers" beat me to the punch on Election Integrity-related stories. Perhaps I can start sleeping in for a while. I could use it.
That said, TPMMuckraker gives us a fine update on the FL-13 sitch, and Sean Hannity's virtuoso performance in what is likely his most disingenuous performance to date last night on Hannity & Colmes, where Republican Vern Buchanan spouted off with neither a Democratic nor a non-partisan Election Integrity advocate to counter his nonsense.

In addition to TPMM's points, it should also be pointed out that Hannity stated incorrectly --- twice --- that Sarasota is the strongest Republican stronghold in the contest. That, despite, his later admission that the Democratic Christine Jennings won the area by 7%.

As well, Hannity (again unchecked) is allowed to rant about how Republicans don't challenge elections when they lose, they accept defeat gracefully. Guess Sean doesn't read The BRAD BLOG and thus doesn't know about the Conservative TX Supreme Court Justice Steven Smith, or the mess in Maricopa County, AZ, still percolating from back in 2004, or the fact that Rick Santorum and the PA Republican party demanded that touch-screen systems where votes reportedly flipped be impounded in 27 counties on Election Day, just to name a few instances.

But we'd expect nothing less from water boy Hannity.

Most of note in the video, perhaps, is Buchanan's un-checked (and by now, expected) outrageous claim that Jennings is "destroying democracy" by calling for a revote. A funny turn of phrase from a guy who is doing everything he can to ensure that the rather clear voices of the voters are ignored in favor of a 369 vote "victory" gained only due to faulty, paperless touch-screen voting machines.

Even Buchanan is unable, in the clip, to explain why 18,000 votes in Jennings's strongest county simply disappeared. Of course, he'd have to admit he lost if forced to come up with an answer to that mystery. So he avoids the question twice by explaining only that "there's a lot of speculation out there you can read."

Got nothing, Vern? But don't give a damn anyway? We thought so. Now that's what we call "destroying democracy"!

In other FL-13 coverage around the 'sphere, both the Sarasota Herald-Tribune and a group of political scientists [PDF] are averring that it was bad ballot design which caused the problem (The BRAD BLOG earlier posted a photo of the way in which the race was displayed on the touch-screen systems, such that it would have been very easy for voters not to see the race at all on Sarasota's ES&S touch-screen machines.)

The "bad ballot design" explanation, however --- that voters didn't notice the race --- fails to account for all of the affidavits from voters claiming they tried and tried to vote in the race, but couldn't get their vote to register properly for Jennings, as one of the attorneys representing the voter lawsuit calling for a revote recently told us.

Finally, DailyKos (of all places) has some decent front page coverage of the rather conservative (we've found) Election Law professor Rick Hasen's explanation [PDF] of the Constitutional card that can be played by the U.S. House to settle the matter. At this point, it's looking more and more like that will be the way this thing is ultimately settled...

People for the American Way (PFAW) just released the following update on the latest goings on in the FL-13 battle where their lawsuit (filed along with several Election Integrity organizations) has now been joined by the court with Democratic candidate Christine Jennings's own suit. Both are calling for a revote.

The press release (posted in full below) says that the state-run audit testing of a few of the machines in use on Election Day is an "excercise in futility" due to the small sampling size of the tests and the fact that the commission chosen to carry it out has reasons to ensure that nothing is actually found to be "wrong" with the paperless ES&S voting machines on which some 18,000 votes disappeared in the U.S. House race down there.

By the way, I recently spoke with Lowell Finley, the lead attorney from VoterAction.org, one of the groups filing the lawsuit on behalf of voters down there. He confirmed that the machines being used for today's testing --- two chosen by Buchanan, two by Jennings (from precincts with the highest undervote rate) --- will essentially be compromised by today's state-run audit testing. Though Finley and the others tried to make that point to the judge assigned to the matter, that testing these machines in this way would corrupt the original data, the court decided to allow the state to use them in this way nonetheless.

PFAW's news release, issued moments ago, also gives details and a link for more info concerning this Sunday's planned "Revote Rally" in Sarasota, as well as a link to video testimony from more than 50 voters who had trouble voting in the Jennings/Buchanan race on November 7th.

The PFAW press release follows in full below...

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."

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...