Guest Blogged by Alan Breslauer
Note from Brad: Holy cow...
w/ Brad & Desi
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...
GOP Voter Registration Fraud Scandal 2012...
The Secret Koch Brothers Tapes...
|MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES...|
Guest Blogged by Alan Breslauer
Note from Brad: Holy cow...
Prior to the Easter Congressional recess, there was a great deal of speculation as to why the scheduled mark-up for the Holt Election Reform Bill (HR811) had been delayed until after recess in the U.S. House Administration Committee.
Among reasons for the delay, The BRAD BLOG had heard from various Hill staffers that chairwoman Juanita Millender-McDonald (D-CA) had come down with the flu. Another staffer said the issue was due to a failure by Microsoft to present promised information on problems with the software disclosure portions of the bill. Some Election Integrity activists had attributed the postponement to their phone and fax campaign warning lawmakers about perceived dangers in the bill.
While we've been unable to confirm that any of those reasons specifically caused delay of mark-up for the controversial bill, The Hill is reporting today that Millender-McDonald has been diagnosed with cancer and will now be taking a leave of absence through late May...
Guest Blogged by Arlen Parsa with additional reporting by Brad Friedman
The New York Times reports today that a governmental report on the so-called dangers of "voter fraud" was manipulated to reflect the Bush Administration's claims rather than their own panel's findings.
The Times obtained two copies of the report on voter fraud, the first of which [PDF] concluded that fears of voter fraud were overblown and exaggerated. The second --- and official version of the report --- however steps back and promotes ambiguity about the danger (or lack of danger) that voter fraud poses to American democracy.
The Times reports:
Instead, the panel, the Election Assistance Commission, issued a report that said the pervasiveness of fraud was open to debate.
The revised version echoes complaints made by Republican politicians, who have long suggested that voter fraud is widespread and justifies the voter identification laws that have been passed in at least two dozen states.
Democrats say the threat is overstated and have opposed voter identification laws, which they say disenfranchise the poor, members of minority groups and the elderly, who are less likely to have photo IDs and are more likely to be Democrats.
Though the original report said that among experts “there is widespread but not unanimous agreement that there is little polling place fraud,” the final version of the report released to the public concluded in its executive summary that “there is a great deal of debate on the pervasiveness of fraud.”
The bi-partisan report had been buried for months by the supposedly bi-partisan U.S. Elections Assistance Commission (EAC), which has come under fire of late for partisanship and a failure to oversee the electronic voting systems and voting machine vendors they are supposed to be overseeing and testing for compliance with federal standards.
The two bi-partisan authors of the original report were bound, by contract, as reported by the Times, to keep quiet about their opinions on the final report. However, following the release of the EAC's edited final version, one of the two authors, Tova Andrea Wang, a Democracy Fellow at the The Century Foundation, telegraphed some of her opinions about it in a guest blog we ran at The BRAD BLOG titled "Where's the Voter Fraud?" Her editorial made clear that the Republican claims of a "voter fraud" epidemic in America were simply unfounded and being used as a political weapon to suppress Democratic voter turnout via the use of Draconian Photo ID restrictions at the polls.
The EAC's approach in releasing their altered final version of the report --- spreading doubt when there is really a consensus among experts --- is a technique that the White House has used in several instances when expert agreement is not politically convenient. Perhaps the most famous case of this was when the Administration trumped up scientific doubt about climate change and used it to mis-portray findings of government scientists.
According to the originally submitted draft report [PDF], marked "NOT FOR DISTRIBUTION," voter fraud at polling places, which Republicans have frequently cited as part of a massive, insidious attempt to undermine democracy, is not nearly as frequent as is claimed.
As The BRAD BLOG has previously reported, debate about the report, and its initial origins, was highly politicized by members of a White House-connected GOP front-group organization whose founder, Mark F. "Thor" Hearne, a St. Louis resident and White House operative, is closely associated with the EAC's Paul Degregorio, a fellow St. Louisan, who was chair of the federal body when the report was first commissioned.
An email obtained by the Times detailed the complaints of the lead Republican author of the report, Arkansas election attorney Job Serebrov, in response to pressure to alter the conclusions of the report's findings...
I'm sorry to have to keep banging this drum. I truly am. But it must be done, as People for the American Way (PFAW) continues to not only mislead the public about the Holt Election Reform Bill (HR811) and dangerous, disenfranchising DRE touch-screen voting technology, but they are now apparently also misleading about my position on the issue, by name.
I sent the following via email to PFAW's lead Election Policy attorney, David Becker, today along with CC's to Executive Director Ralph Neas, and a number of other Election Integrity organizations.
I would urge you to read the letter below, and contact PFAW with your own concerns and demand that they immediately stop misleading members of Congress and the public alike about the most important issue of our day.
PFAW's support of the Holt bill is currently the lynchpin, for Congress and a number of powerful organizations, concerning whether or not it will be passed as is, or whether much-needed amendments --- most notably, one that immediately bans the use of dangerous, disenfranchising, unverifiable DRE voting systems, with or without a so-called useless "paper trail" --- will move forward in Congress.
Please don't wait for someone else to do it!
David (and/or whoever is managing the "Democracy Campaign" FAQ page at the PFAW site) -
There are a number of out and out inaccuracies on that FAQ, as well as several wholly misleading points and --- the only thing which perhaps I have a say in --- a complete mischaracterization of my personal position concerning Election Reform in the very first Q&A on the page.
I am requesting an immediate retraction of that incorrect position statement, along with a statement noting your correction to it. The other items, obviously, I have little say about. But I will note the most troubling here in hopes that your conscience will lead you towards correcting the incorrect and/or misleading information you are currently making available to your members and the American public...
Florida's new Republican Gov. Charlie Crist continues to get far in front of Congressional Democrats concerning issues of Election Reform. Previously, he has called for the Sunshine State to replace all DRE touch-screen voting systems with paper-based optical scan systems (and touch-screen ballot marking devices for the disabled) and today, he succeeded in restoring voting rights for former felons to all but the most violent criminals after they've served their time.
While Democrats in Congress, and their public-advocacy group supporters such as People for the American Way (PFAW), MoveOn, Common Cause, and VoteTrustUSA, continue to dally around the edges of reform vis-a-vis Rep. Rush Holt's Election Reform Bill (HR811) in the House and a forthcoming companion bill from Dianne Feinstein in the Senate, shamefully, it's the Republican Florida Governor --- of all people --- who is proving to be the true Progressive in the fight for real reform.
There's plenty of blame to go around, of course. The GOP Legislature in Florida is hanging on to their own share of shame in fighting Crist's bi-partisan proposals to replace disenfranchising, democracy-stealing DREs. In Maryland, it's the Democrats in the Senate who are killing Election Reform after House Dems had approved it (as tepid as that reform would be in only requiring useless, panacea "paper trails" for the state's paperless Diebold touch-screen systems. LATE UPDATE 3/6/07 5:07pm PT: Stunning turnaround suddenly in MD's Senate, support for a paper ballot bill! Breaking details here...)
New Democratic Secretaries of State Debra Bowen in CA and Jennifer Brunner in OH are meeting their voter mandates and doing their respective best to correct dysfunctional, unverifiable, easily gameable voting systems, but they are also facing challenges from both Republicans and local Elections Officials alike who are fighting to put their own self-interests over those of the voters. As usual.
In the meantime, the currently-flawed federal bills in the U.S. House and Senate are on the verge of getting worse, not better, through the drafting, mark-up, and amendment process, as legislators bend to the demands of henhouse-guarding Elections Officials along with the uncritical support for "Election Reform, any Election Reform, whether it'll bring true Reform or not" by powerful groups such as MoveOn, VoteTrustUSA, Common Cause, and others.
By way of example, MoveOn sent out an email to members yesterday calling for unflinching support of the Holt bill, despite knowing it to be flawed and VoteTrustUSA yesterday sent out an "All-811-All The-Time" newsletter yesterday to members without a single article, from among the mountains available, critical of the bill. That, despite recent testimony to Congress by their own policy director, Warren Stewart, asserting that "the direct electronic recording of votes to computer memory is inimical to democracy." Both the Holt and Feinstein bills currently drafted would allow for exactly such systems, and in fact, institutionalize the practice for years to come.
Both MoveOn and VoteTrustUSA declined to respond to our queries seeking explanation about their mailings yesterday.
So what's going on here?
Legislation that would have been smashing in 2005, but has since been shown to be desperately out of date in 2007 given the mountains of new evidence which revealed itself during the 2006 Election Cycle and beyond, is mired under the weight of bureaucratic deal-making and go-along-to-get-along public advocacy. All of which is by-and-large enabling the Democrats who seem to be fiddling as democracy burns.
It's all made worse, for the moment, by the largest and most influential of the public-advocacy groups, PFAW, who continues to dominate the debate on many levels. The group, which The BRAD BLOG has come to learn wields great power and proxy throughout a large swath of the civil rights community, is not only currently against a much-needed ban of DRE voting systems, but --- far more disturbingly --- is actually advocating in favor of their use.
PFAW's position, as expressed above, is wholly unsupported by scientific evidence, common sense, or anything else as we have learned while investigating the matter over the past several weeks and months.
When a Republican governor from Florida has gotten ahead of Democrats on this issue, it's safe to say that something has gone terribly wrong.
If someone within the Democratic caucus doesn't stand up soon and bring the type of leadership to this issue that Crist has brought to Florida, they risk becoming the owners of a dysfunctional electoral system previously designed-for-disaster, via the Help America Vote Act of 2002, by the now-disgraced, Republican felon, former Rep. Bob Ney of Ohio.
Is there nobody in the U.S. Congress with the leadership skills and courage to stand up and do what is both right and well-supported by scientific evidence in order to make America's broken system of democracy right again?
Is there nobody who will stare down the disingenuous and/or fearful and/or ill-informed and/or self-serving factions standing in the way of restoring America's once-great shining example of democracy to the world?
As the right to vote and to have that vote counted transparently and accurately underpins every other right we have in this country, we'll continue to keep digging, advocating, investigating, reporting, and hoping. The alternatives --- and consequences --- are far too dire to do anything less....
Harri Hursti drove up to Los Angeles last Friday after his appearance that morning before the Riverside County, California, "Blue Ribbon" panel convened to investigate massive problems during the County's 2006 election, and continuing concerns from Election Integrity advocates about both the performance and security issues surrounding the Sequoia Edge II DRE touch-screen voting systems in use down there.
We sat down to interview Hursti for a documentary film for an hour or two on Friday night, and we continued chatting into the wee hours. After getting home around 4am, we suspect we'll be playing catching up for a few days.
The headline from those discussions last night is probably that Hursti, now famous for his hack of a paper-based Diebold optical-scan voting system in Leon County, Florida, in late 2005 (as seen live in HBO's documentary Hacking Democracy), advocates digital optically-scanned paper ballots --- where the image of the scan can then be made available to all on the Internet --- as the most secure and most transparent method of voting for the type of elections we have in these United States.
That may come as a surprise to advocates of Rep. Rush Holt's Election Reform bill, who have been pointing to the "Hursti Hack" as a way to suggest that op-scan tabulation is "just as bad" as Direct Recording Electronic (DRE) touch-screen voting systems. Holt's bill (HR811) would allow for the continued use of DREs, despite the continuing warnings from computer scientists, disabilities and minority rights advocates, and the Election Integrity community that the devices should be banned.
Hursti heartily disagrees with those Holt supporters and told us again that DREs are not safe for use in elections, with or without a so-called "voter verified paper audit trail." He's asked for us to help facilitate a meeting for him with Holt and his staff to discuss the matter, and we are attempting to do just that.
As well, Hursti's position may also come as a surprise to those who have pointed to the "Hursti Hack" in their call for 100% hand-counted paper ballots (HCPB) in American elections. While Hursti said he recognizes that such a system works well enough in other countries where ballots are much simpler, he feels the thousands of ballot styles and pages and pages of candidates and propositions would likely make all HCPB unwieldy here. By contrast, he explained that in Finland, voters go to the poll and cast a single vote for President as the only race on the ballot, which is simple enough to hand count on the night of the election.
He rattled off the many different systems of democracy in many different countries, from Europe to Asia, as well as a history of how America has come to its current mess, going back as early as the late 1800's to discuss the evolution of our modern day system in this country. Clearly, he's done his homework and is well worth listening to on these matters.
Hursti also gave high marks to California's new Secretary of State Debra Bowen for her recent announcement of "red team" hack testing for all of the state's currently certified electronic voting systems, as part of her "top to bottom review" of those systems. Other computer scientists and security experts have lined up to join in praising Bowen for this unique, first-of-its-kind attempt to finally test the security of these systems.
On the other hand, many of the state's elections officials have come out against such testing of their precious, hackable, un-transparent voting systems. And, surprise surprise, so has the Santa Cruz Sentinel --- the paper once owned by thankfully-former CA SoS Bruce McPherson --- in a laughable editorial late last week claiming that "paper ballots carry an even greater risk" than electronic voting systems, and that Bowen's planned test criteria is a "solution in search of a problem."
We're not sure what cave the Santa Cruz Sentinel has been living in, but we're guessing they've been sharing their hard tack and canned spam with their buddy, the gone-but-apparently-not-forgotten McPherson, the one responsible for certifying these god-awful systems in the first place for the state, despite mountains of evidence suggesting it was unwise. We're also guessing they've never sat down to chat with Harri Hursti.
Hursti's visit to Riverside, as we reported here last week, was in response to County Supervisor Jeff Stone's challenge last December that nobody could manipulate the county's Sequoia election system. After Hursti volunteered to take Stone up on that "1000 to 1" challenge, the county has been waffling ever since. So quite a few members of both the public and the press were on hand yesterday for Hursti's testimony before the "Blue Ribbon" panel.
Although Hursti traveled all the way from Finland, Stone and every other member of the Riverside County Board of Supervisors were apparently too busy to make it up the road to meet Hursti and listen to his presentation...
FEATURING: Our One-on-One Debriefing with the Finnish Computer Security Expert on American Elections, Rush Holt's Reform Bill, Debra Bowen, 'Black Hats,' and Why Elections Matter...Pre-details back here...
UPDATE: Story now posted here...
After recent Congressional oversight questioning by Rep. Maurice Hinchey (D-NY), the U.S. Elections Assistance Commission's Bush-appointed chairwoman, Donetta Davidson, has finally relented and agreed to release the commission's bi-partisan report on "Voter ID" issues which has been held back for months. That report, and another not yet released on claims of "Voter Fraud" have been withheld by the EAC, as we reported here and here and in a guest blog by Tova Andrea Wang, one of the two original lead researchers of the still-withheld "Voter Fraud" report.
Hinchey's statement on today's release, including a call for the release of the other related reports, is posted here.
Finally having released the June 28, 2006, report [PDF] today, in the wake of Congressional pressure, and shamefully titling it as a "Draft Voter ID Report" (since it didn't show what they had wanted it to show), the EAC today announced the following:
In other words, they'll get the "facts" they want, no matter how many reports they need to commission!
The report details how voter participation in minority areas had, in fact, declined after restrictive "Photo ID" laws were enacted at the polls.
"It appears that politics remains the EAC's main priority," said Michael Slater, Deputy Director of Project Vote who claims the commission responsible for overseeing elections systems in the U.S. continues to "play politics." In a statement posted after the report was released today he said, "It's disappointing that the Commission is building a reputation for ignoring or suppressing research findings that don’t satisfy everyone’s ideological position."
He added that the commission's disassociation from the report is another example of their string of continuing failures. "The EAC should be embarrassed by its attempt to impeach the report's findings by insinuating its methodology is unsound."
Are supporters of Rep. Rush Holt's Election Reform Bill paying attention?! His bill, HR811, as currently drafted, would reward the EAC by making them a permanent body, despite their notable and repeated failures...
The Los Angeles Times underscores everything that is wrong with relying on "paper trails" from Direct Recording Electronic (DRE) touch-screen voting systems: Nobody ever counts them. Even in incredibly close contested elections as overseen by a court of law...
"All the votes were counted," said Orange County Superior Court Judge Michael Brenner. "There was a full and legal recount."
It was, he said, "perfectly reasonable" for Janet Nguyen to ask for about 35,000 paper absentee ballots to be checked by hand to contest ones that weren't filled out properly and then ask to have about 10,000 electronic votes recounted the way they were on election night — by machine
Trung Nguyen, who is not related to the winner, declined to comment and left the courthouse as his attorney, Michael Schroeder, said an appeal was likely. "Why would you have a paper record if you don't count it?" Schroeder said.
All sides agreed that Brenner's ruling could set a precedent.
Please note that Rush Holt's Election Reform bill (HR811), which mandates the hand-count of a very small minority of paper records in most federal races (which this race was not) via an audit after Election Day, allows no audit to happen at all in the case of an automatic state-mandated recount --- the type that occurs when an election is incredibly close, and when such an audit, arguably, might be needed the most.
UPDATE 4:58pm PT: Election Integrity advocate Tom Courbatt of Riverside County points us towards an October 31, 2006 statement [PDF] from former CA Sec. of State Bruce McPherson, who said: "The mandatory paper audit trail will be used for a full recount if necessary." That statement is at the bottom of the 5-page press release. Guess he was just kidding. Or the judge in Orange County didn't care. Or "paper trails" don't actually matter after all, no matter what any law or elections officials try to tell you...Which is why we need a paper ballot --- one that is actually tabulated --- for every vote cast in America!
Haas, 49, will replace Alex Martinez, who retired March 16, as deputy chief administrative officer of the Community Services Group. In the post, Haas will oversee several departments, including the registrar, housing, animal services and general services.
Chief Administrative Officer Walt Ekard made the decision Thursday after considering several in-house candidates. He called Haas “a top-notch executive” with stellar management experience.
Haas earned $145,288 annually as registrar. His new salary has yet to be determined, county spokesman Mike Workman said.
In the North County Times' report on same, which focused on the difficulty the county may have in finding a replacement for Haas, and bothered, (unlike the as-ever rightwing U-T's coverage above) to note just some of the fire that Haas has been under for his horrible performance as head of elections in SD, added:
A "troubleshooter" indeed, for the hard rightwing San Diego County administrators.
A quick review of a just a few BRAD BLOG items concerning Haas will inform the initiated about one of America's worst, most dangerous, partisan Elections Administrators and the disaster that Diebold's man in San Diego has been for the voters of San Diego as he's overseen/mis-managed such elections as the Busby/Bilbray race and many more.
His failures have led both Democrats and Republicans to call for his resignation. Little wonder then, here in Bush's World, that he's now been rewarded for his bad work. Can the Medal of Freedom be far behind?
Heckuva job, San Diego!
If you missed our coverage of the concerns about the positions on Election Reform by People for the American Way (PFAW), including their advocacy of dangerous touch-screen DRE voting systems which originally ran here a couple of days ago, you've got another chance. AlterNet is now running the article from their front page today under the title "An Opposing View on the Progressive Voting Machines Debate."
As with the original, it includes the links to the audio and transcripts of both PFAW Executive Director Ralph Neas's and my appearances on Ring of Fire with RFK Jr. and Mike Papantonio, so you can decide what's going on here for yourself.
And if it wasn't 100% clear in the article originally, PFAW does not have the same position as some of the other groups (like Common Cause, VoteTrustUSA, MoveOn, etc.), who are generally opposed to DRE use, but have been afraid (for political reasons, legitimately or not) to support a ban.
PFAW, to the contrary, is actually advocating the use of DREs in their position and arguments to back it up.
I'm happy to run a response from Ralph or PFAW if they'd like to contact me in order to clarify anything they feel I've misrepresented. That was not my purpose. Similarly, my purpose was not to attack them, but to discuss openly what I see as a very troubling position that I spent much time trying to figure out --- and work out --- privately, before Ralph's public interview on RoF made it necessary for me to respond in kind to help clarify what seems to be going on here...
It's a big day in the House on Friday, with hours of hearings set for Rush Holt's HR811 Election Reform bill in the House Adminstration Committee's Subcomittee on Elections, with four big panels set.
The witnesses this time may be more good than bad for a change, and include, among other familiar names, Debra Bowen (CA SoS) and Noel Runyan, the blind technology expert who, with many other disabled voter advocates released a statement here calling for "an immediate ban" on DREs last week. (My interview with Runyan, during last week's guest hosting stint for Action Point on Air America/Nova M Phoenix is here [MP3] for your listening pleasure. I'm back again this Sunday, btw, with a special exclusive broadcast interview premiere! Stay tuned for details!). The rest of the witnesses are listed below.
Unfortunately, I may be gone for much of the day, so let me know how they did in the event that C-SPAN picks any of it up (and if anybody spots Warren Stewart of VoteTrustUSA calling for an amendment to the Holt Bill to require a DRE ban during his public testimony, send him a few dozen roses, will ya?!)
The full panel breakdown is listed below...
Need more evidence for why election results need to be right on Election Night? Look no further than the now-infamous CA50 Busby/Bilbray Special U.S. House Election to replace Randy "Duke" Cunningham last June.
The latest chapter finds an Appellate Court in California dismissing the case on the grounds that the issue is now "moot" because the six month term for the original election being challenged has now ended. That, despite the defense never even having raised the issue. And thus, the voters' right to even have a proper recount as afforded by state law, in order to find out who had the most votes in an election, is usurped by the U.S. Congress's ultimate Constitutional authority to decide who will be seated in its chambers....
Just out from Waxman's office. A letter [PDF] to House and Senate Judiciary Committee Chairs Conyres and Leahy disputing Bush's contention yesterday that he is giving Congress "unprecedented" access to White House information and officials.
The letter begins this way...
Yesterday President Bush asserted that the White House would give Congress "unprecedented" access to information regarding the Administration's recent dismissal of U.S. Attorneys. This statement is misinformed. As you continue discussions with the White House regarding your investigation of the U.S. Attorneys matter, I wanted to bring to your attention relevant precedent.
The President said yesterday that he would not allow White House aides including Senior Advisor to the President Karl Rove, former White House Counsel Harriet Miers, deputy counsel William Kelley, and political aide J. Scott Jennings testify under oath and on the record about the dismissal of the U.S. Attorneys. Contrary to the President's contention, there is extensive precedent for officials in these positions to appear before Congress.
When Republicans controlled Congress during the Clinton Administration, they routinely insisted that White House officials appear before Congress. During the prior Administration, a series of White House Counsels testified to congressional committees publicly and under oath:
Click here for the full letter [PDF], which outlines not only numerous White House officials who testified under oath before Congressional committees during the Clinton Administration, but even Bush Administration officials who were allowed to do so, as recently as last week!
This page at the House Oversight Committee has links to additional info and reports on the matter.
The Saturday before last I was interviewed on Air America's Ring of Fire with Robert F. Kennedy Jr. and Mike Papantonio concerning my call for the Election Reform Bill (HR811) by Rep. Rush Holt (D-NJ) to be amended to include a full ban on Direct Recording Electronic (DRE, usually touch-screen) voting systems.
The interview was pre-taped, and an edited-for-time version was aired. The complete, unedited version of that 15 minute interview, along with a text-transcript is now posted here.
This past Saturday, Ralph Neas, the president of People for the American Way (PFAW), one of the groups supporting the Holt Bill as is, and fighting against a ban on DRE voting systems, was interviewed on Ring of Fire. I had been critical of PFAW's unwaivering support of the bill during my interview the week before (as I have been in many articles here and elsewhere), so Bobby Kennedy asked Neas, a number of times, to answer directly to some of my criticisms.
The audio of that interview as well as a text-transcript, is also now posted here.
Now before I get to a huge number of concerns about the Neas interview and what I see as the dangerous PFAW position, and not to stack the deck (but I will anyway), Papantonio concluded his interview with me as follows, which I then promised to quote on the blog, so here it is...
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