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Latest Featured Reports | Sunday, December 21, 2014
'Green News Report' 12/18/14
  w/ Brad & Desi
Nothin' but good news for a change! - NY bans fracking!; Obama protects AK's Bristol Bay!; PLUS: More indictments for 'Freedom Industries' in WV toxic chemical spill!...
Previous GNRs: 12/16/14 - 12/11/14 - Archives...
Brad on Hartmann Radio: Wrapping Up a Few More Election 2014 Races
Yes, some of us are still paying attention.
Plus: A BRAD BLOG 'Programming Note'...
'Green News Report' 12/16/14
  w/ Brad & Desi
Congress wraps for year w/ GOP anti-enviro initiatives to be signed by Prez; UN summit wraps up in Peru - ALL nations are in for Paris; PLUS: Another Bush, another climate denier...
Previous GNRs: 12/11/14 - 12/9/14 - Archives...
Bloomberg Editors Refuse to Correct Inaccurate, Misleading Photo ID Editorial
Read the 'mind-boggling' responses to BRAD BLOG's emailed explanation of blatant errors and inaccuracies in Francis Barry's op-ed...
Proponents of Oregon GMO Measure 92 Concede Defeat
Adverse court ruling, barring inclusion of 4,600 rejected ballots, signals end of road (for now) of state's most expensive campaign, decided by just 800 votes out of 1.5 million cast...
'Green News Report' 12/11/14
  w/ Brad & Desi
GOP anti-enviro wish list in "Cromnibus" bill; Crunch time at UN climate talks; Calls for an end to fossil fuels; Australia goaded into action; PLUS: CEO indicted for WV chemical spill...
Previous GNRs: 12/9/14 - 12/4/14 - Archives...
The Clint Curtis Story, Ten Years Later: A KPFK 'BradCast' Special Edition
It's been 10 years since we broke the whistleblower's claim about vote-rigging software, Rep. Tom Feeney (R) and more. So it seemed a good time to catch up with him...
SOLVED: Mystery that Flipped Maine Senate Election!
21 'phantom ballots' flipped the results of a Nov. 4th state Senate election from D to R. But a dramatic turn of events and hand-counted paper ballots have now resolved the mystery...
'Green News Report' 12/9/14
  w/ Brad & Desi
Super Typhoon Hagupit blows 2014 into record books; Doesn't look good for KXL, if Obama on Colbert Report can be believed; PLUS: Rich v. Poor divisions stall UN climate talks...
Previous GNRs: 12/4/14 - 12/2/14 - Archives...
Bad News for Fox 'News' Viewers: 'Fox & Friends' Calls for Voter Literacy Tests
If they had to pass a test on American history and government, Fox 'News' viewers, as studies show, would be in big, big trouble...
Thousands of Ballots Excluded from Oregon's GMO Ballot Measure 'Recount'
Proponents charge interference by out-of-state corporate opponents, state's failure to count legal ballots due to 'signature problems'...
NC Repubs Trying to Run-Out Clock on Voter Suppression Lawsuit (Again)?
Plaintiffs charge state attempt to reschedule next summer's federal trial 'unsupportable', 'disingenuous'...
'Green News Report' 12/4/14
Biggest German utility spins off fossil fuel assets; Fossil fuel biz running scared? FL punishes homeowners for not polluting; PLUS: MSNBC's Big Coal infomercial...
House Judiciary Letter Suggests Impeachment for Wife-Beating Judge
Bi-partisan congressmen seek update from 11th Circuit Court, cite potential impeachment of Judge Mark Fuller...
'Green News Report' 12/2/14
New UN summit underway; Record rain, drought in CA; Global cost of falling oil prices; PLUS: Legacy of world's worst industrial disaster, 30 years later...
'Recount', Concerns in AZ U.S. House Race
Razor-thin computer-reported margin, failed paper-ballot tabulators, untallied provisionals, terrible 'recount' rules leave Barber-McSally contest in AZ-2 unsettled...
'KPFK' BradCast: Maine Mystery, Ferguson Fury and Thanks for Something
'My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seems'...
Mysterious Ballots Flip Maine Senate Recount Result From Democratic to Republican
21 'phantom' ballots appear out of nowhere in tiny Maine town, reverse results of very close state contest...
'Recount' for Oregon's GMO Ballot Measure
Fewer than 900 votes separate 'Yes' from 'No' on 'Right to Know' Measure 92, out of more than 1.5 million paper ballots tallied by computers statewide in Nov. 4 election...
'Green News Report' 11/25/14
Cuomo blames meteorologists for his Buffalo storm fail; Canada protests another tar sands pipeline, lead's world in deforestation; PLUS: World Bank's dire warning...
No Indictment in Ferguson Shooting
A few thoughts on the St. Louis County Prosecutor's extraordinary spectacle and miscarriage of justice in the killing of Michael Brown...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Controversial Comments, First Reported by The BRAD BLOG, Lead to Re-Assignment at Office Which Oversees Claims of Discrimination in Immigrant Employment Practices
Civil Rights Division Staffers Reportedly 'Overjoyed', Though Suggest 'Incalcuable Damage' to Department 'Will Take a Very Long Time to Repair'...
By Brad Friedman on 12/14/2007 11:04am PT  

The controversial head of the DoJ Civil Rights Division, Voting Section, John Tanner, finally resigned from his position as of 11am ET this morning...

Today, John Tanner resigned from his position effective immediately as chief of the Civil Rights Division's voting section. His resignation email, with the subject line "Moving On" was sent out at approximately 11 AM to voting section staff. He said that he will be moving on to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

"The resignation of John Tanner is long overdue," writes one happy voting section staffer to The BRAD BLOG this morning, saying that he and his colleagues are "overjoyed at the news."

"Since becoming Section Chief in 2005 and even before, Tanner demonstrated that he cared only about serving his Republican overlords' desire to suppress minority voting to help the Republican Party win elections and not about the enforcement of the Voting Rights Act. A great many long-time members of the Voting Section staff are overjoyed at the news of his departure," the staffer tells us, adding that a celebration is in the works.

"We are already planning a party for next week --- not a 'John Tanner goodbye party' but a 'goodbye John Tanner party.'"

At right is the most notable section of the now-infamous BRAD BLOG video, taped by our own Alan Breslauer at the National Latino Congreso in Los Angeles and which kicked off the most recent firestorm over Tanner's tenure. In it, as we reported exclusively at the time, Tanner explains his reasoning for over-ruling the majority opinion of career staffers in his own department in order to approve a controversial Photo ID polling place restriction in the state of Georgia. The measure was later found unconstitutional and declared to be a modern day Jim Crow-era poll tax by two federal courts.

Tanner says in the video, that though it's a "shame" that the elderly might be disenfranchised by such laws, "minorities don't become elderly the way white people do. They die first."

"Mr. Tanner had a clear record of undermining the core mission of the section – protecting the right to vote," Rep. Jerrod Nadler, chair of a House Judiciary subcommittee which oversees Tanner's department, said in a statement today in response to the resignation. "Tanner was actively seeking to curtail that cornerstone of American democracy. The right to vote is the foundation of all our liberties and it must be protected."

Tanner's current and former DoJ colleagues characterized his taped comments on the Georgia ID law as "ludicrous", "false" and "cherry-picked". The comments would lead to various calls for his firing from Barak Obama, Nadler, Ted Kennedy, the DNC and a number of civil rights organizations over the past two months.

The chair of the U.S. House Judiciary Committee, John Conyers, was so incensed by Tanner's comments, as well as his previous efforts at white-washing a DoJ investigation of election fraud and voter suppression during the 2004 Presidential Election in Ohio, hearings were called in the House in late October, featuring an even more shameful performance by Tanner (video highlights/lowlights here), who would be described by the Washington Post afterwards as "one sorry man."

In response to Tanner's testimony at the hearings, The BRAD BLOG posted a letter from a voting section staffer, excoriating his sworn comments to the panel as "not credible", adding that Tanner had "lost no time in twisting the truth" in his testimony.

Tanner's long, often rambling resignation email sent out this morning (posted in full at the bottom of this article) skillfully attempts to re-write the history of his shameful tenure. In it, he conflates past performance of the department, beginning with his original arrival at DoJ 30 years ago, with the Civil Rights division's more recent and politicized history during which six years passed without a single lawsuit against African-American voter suppression have being filed.

Just one such case was filed under the DoJ's Voting Rights Act Section 5 oversight mandate, and it was a reverse-discrimination case in which white voters in Mississippi were said to have been discriminated against.

A special series on "Bush League Justice" by MSNBC's Dan Abrams premiered this week. In it's opening episode on Monday, Abrams focused on the DoJ's disastrous Civil Rights Division, and once again played a clip from Tanner's "minorities...die first" comments which we originally captured.

"Under Mr. Tanner's leadership, the Justice Department essentially took positions that disenfranchised minorities and the elderly," Nadler echoed once more in his comments today.

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

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Files Amicus Brief to SCOTUS in Indiana Photo ID Case, on Behalf of New Congressional 'Clients'
Dems Indignantly Issue More Harshly Worded Statements, as Voter Suppression Mainlined by Bush DoJ...
By Brad Friedman on 12/12/2007 10:15pm PT  

It was almost three years ago that The BRAD BLOG first spotted the conspiracy long-range business plan being fronted for the Republicans by GOP con-man/operative Mark F. "Thor" Hearne II. The scheme became immediately transparent, to those who wished to see it, when his brand-spanking new "voting rights" group scam, calling themselves the "American Center for Voting Rights" (ACVR), popped up at a phony Congressional hearing on the 2004 Election, in March of 2005, as chaired by the now-jailed felon from Ohio, Rep. Bob Ney (R-Abramoff).

Hearne had identified himself at the hearing only as "a longtime advocate of voter rights and an attorney experienced in election law," conveniently omitting that he had been the very partisan national general counsel for Bush/Cheney '04 Inc. and had founded the "non-partisan" ACVR with his "non-partisan" partner, Jim Dyke, who had previously been the communication director for the RNC. (Shortly thereafter, the "non-partisan" Dyke went on to work for the "non-partisan" Dick Cheney at the White House, and now fronts for the "non-partisan" Rudy Giuliani.)

We spent a good portion of the ensuing three years with our hair on fire, trying to wave red flags about the transparent scheme/propaganda that Hearne was selling: Phonied up data on a non-existent "epidemic" of "Democratic Voter Fraud" in order to force restrictive Photo ID laws at the polling place, meant only to keep millions of largely Democratic-leaning minority and elderly voters from being able to cast a legal vote at all.

After the U.S. Attorney Purge Scandal finally shed light on the Republican "voter fraud" scheme to the rest of the media, folks started paying attention and Hearne quickly shut down his ACVR shop.

But the mission had been accomplished, and the foothold the Republican scammers needed had already been established, with laws such as Indiana's Photo ID restriction that is now headed towards a hearing in the Supreme Court. The results of the decision could well help determine the outcome of the 2008 elections.

UPDATE: Alternet's Steve Rosenfeld picks up on this precise issue today, reporting on how the rightwing "ballot security" operatives are arguing to the Supreme Court in favor of pre-emptive voter challenges at the poll, without the necessity of having to show that any such voter fraud is actually occurring. As well, they are building their legal case on the idea that "fear of" voter fraud is enough to demand such onerous ID requirements, even though it is the same "right-wing activists who spent years creating and publicizing a myth of widespread voter fraud," who are now making the case that "perception of potentially corrupted elections is yet another reason why states should be allowed to police the voting process with new restrictions such as voter ID laws." These wingnut zealot bullshit artists are the best in the business. If you consider "best" to be most evil and "business" to be our frickin' American democracy.

Despite Hearne's claims, made earlier this year to the St. Louis Post-Dispatch, that The BRAD BLOG made it impossible for him to run his scam without public/media notice, the huckster is still at it. He's just filed an amicus brief in the Supreme Court case, on behalf of 41 GOP Congress members.

You didn't think he'd just slither back under his rock and stay there, did you?...

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

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Investigation Into Bush Administration's Use Of The DoJ To Expand Its Own Power
Piece Includes Snippet Of BRAD BLOG's Infamous John Tanner Video...Without Attribution!
By Alan Breslauer on 12/11/2007 12:41pm PT  

Guest Blogged by Alan Breslauer

The first part of "Bush League Justice", a special four-day investigation by MSNBC's Dan Abrams into the Bush administration's politicization of the Justice Department, which Brad previewed yesterday, began with a look into the "department's almost unrecognizable Civil Rights Division" (at left, 8:27).

According to Abrams, the Bush administration "has turned the Division against the very people it was designed to protect. Instead of pursuing discrimination cases on behalf of African Americans, the Bush Civil Rights Division has focused on supposed reverse discrimination cases against whites and religious discrimination cases against Christians." Abrams points out that between 2001 and 2006, "not one voting discrimination case was brought on behalf of African Americans."

The segment continues with Abrams questioning former DoJ attorneys David Becker and Alia Malek about the Bush administration "stack[ing] the deck against Democrats." In one example given by Becker, congressional redistricting plans thought to favor Democrats would get "very, very, serious scrutiny" while redistrictings that favored Republicans would receive a "very hands off approach" even if, as was the case in Texas, the plan was unanimously found to discriminate against Hispanics by career Justice Department officials.

In addition to stacking the deck against Democrats, Abrams states that the Justice Department has been "hijacked" by the far right. After evidencing this claim with a couple of telling statistics, a somewhat exasperated Abrams continues, "They fundamentally changed what the Civil Rights Division does. It's no longer there to protect African Americans. It is to go after reverse discrimination cases and also to try and promote religion in schools and other public places."

Part 1 continues (at the 6:15 mark) with Abrams playing the "pretty amazing statement" by John Tanner, the current chief of the DoJ's Voting Rights Section, about minorities not being disenfranchised by Photo ID laws because they "don't become elderly the way white people do, they die first." Unfortunately Abrams, like many in the mainstream media, failed to credit The BRAD BLOG for our original video and reporting of the incident.

Despite the slight we look forward to more excellent reporting on this long overdue topic throughout the week.

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
NOW AVAILABLE! Video of the closing argument, exclusive to The BRAD BLOG and BlogForArizona.com
By Michael Bryan on 12/8/2007 3:35pm PT  

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ..

The final day of testimony over the Pima County Democratic Party's public records request featured the remainder of the county's witnesses for the defense, a surprise call on an adverse witness, and pugnacious closing arguments. The matter now rests with Judge Michael Miller, who says he will decide the case within the next two weeks.

To get up to speed with details on what this trial is about, please see my introductory post. If you haven't been following along, you may want to take a look at my summaries of the first day, the second day, and the third day of trial.

In brief, the Pima County (Tucson) Democratic Party is demanding Pima County release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, arguing that they are public records. The GEMS software is highly insecure, allowing anyone with access to the computer it runs on to manipulate the outcome of elections at will and likely cover their tracks. Elections are thus highly succeptable to manipulation by elections insiders, and there is no way to detect or deter them without access to the databases for forensic analysis. Pima County's position is that we should trust them to take care of that risk through internal checks and balances, and that releasing the databases simply creates more security risks by outsiders seeking to hack an election.

The county's expert witnesses were Merle "the Man from Diebold" King, and Dr. John Moffatt, a consultant for Pima County's IT strategy. Summaries of and commentaries on their testimony is available on BlogForArizona.com, along with an detailed chronicle of the entire trial.

Both experts sought to convince the judge of the many security threats posed by release of the GEMS databases, and in my view, failed to sustain that position under the cross examination of the Democrats' attorney Bill Risner. Risner poked holes in all the threat scenarios the experts presented, showing them to be impracticable, absurd, or simply undefined.

Here's Risner's closing argument:


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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS EXCLUSIVE COURTROOM VIDEO of the Democratic Party's Attorney Presenting Case During Yesterdays Hearings...
By Michael Bryan on 12/7/2007 1:55am PT  

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...


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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
PLUS: Deposition footage of chief election programmer, Bryan Crane
By Michael Bryan on 12/5/2007 11:47pm PT  

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was a day packed with testimony Wednesday in Tucson as the plaintiffs' attorney, Bill Risner, continued to crank through his witness list. The day ended with the last witness that will be called by the Democratic Party, Bryan Crane, whom Pima County Attorneys have repeatedly labeled "much maligned," just preparing for a rehabilitating friendly cross-examination by Pima County attorneys. Crane's testimony is pivotal to the case, and will be posted in its entirety tomorrow after cross and re-direct are complete.

To get up to speed with details on what this trial about, please see my introductory post, and if you missed yesterday's action, you may want to take a look at my summary of day one. In general, the Pima County (Tucson) Democratic Party, is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election on the presumption that it should be of public record. There is a belief that the databases, if obtained by the party, may show fraud and other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections more feasible, even though those same county officials and insiders, currently have the easiest route to tampering with such elections, since they already have all the access they need to such information.

The witnesses on Wednesday included a slate of employees from the Pima County elections department. The summaries of the testimony of Isabel Araiza, Robert Evans, Chester Crowley, Romi Romero, and Mary Martinson are posted together on BlogForArizona.

These employees' testimony was sought by the plaintiffs to try to establish a pattern of negligent oversight and security procedures at the elections department, including the actions of head programmer, Bryan Crane (deposition video footage of Crane at bottom of this article), taking backups of election data home and illegally printing summaries that included current vote totals in the midst of elections and then sharing that data with persons not part of the election department.

The prime witnesses of the day, however, were Brad Nelson, the director of the elections department, Crane, the "much maligned" head programmer, and the man with responsibility for the entire bureaucracy, Chuck Huckleberry, the County Administrator...

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

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PBS Explores Many Of The Ways Republicans And The DoJ Are Working To Disenfranchise Democratic Leaning Voters
By Alan Breslauer on 12/5/2007 11:18am PT  

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.

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A Courtroom Report as Pima County Democrats Seek Public Records Access to Diebold Election Databases
By Michael Bryan on 12/5/2007 8:19am PT  

Special to The BRAD BLOG by Michael Bryan from the courtroom in Tucson, AZ...

It was an eventful day in the courtroom in Pima County yesterday, with opening statements and the first two plaintiff's witnesses' testimony. Already, the general shape of the controversy is becoming more clear and many of the media access issues have been favorably resolved. The Election Integrity press pool is providing video to local news and other interested parties on a non-exclusive basis and there is a ground-swell of support and interest in the trial and use of the resultant footage among journalists and documentarians.

Full summaries of the opening statements of the plaintiff's attorney Bill Risner and Pima County Deputy County Attorney Christopher Straub are available on BlogForArizona.com and they lay out the positions of the litigants.

See our initial backgrounder/intro to this trial, as posted yesterday, right here.

The position of the Democratic Party, argued in the courtroom yesterday, is that the statutory role of the political parties in Arizona, and in America historically, has been to oversee and participate deeply in our elections. The elections belong to the people, not the government. The database the party seeks access to on behalf of all political parties is the only computer record of the election that can provide the information needed to ensure that elections insiders cannot, and have not, manipulated the election. Absent a clear statement by the legislature, the parties should not be denied access to this crucial information to carry out their traditional role of ensuring the public's political rights. Certainly no tortured interpretation of outdated language regarding computer technology from a statute written in the 1980s should be allowed to deny the people access to their election data, only a clear and unambiguous expression from the legislature should be able to do that.

The position of Pima County, however, is that the database requested must remain confidential.

They argue that providing the database to the political parties would violate the standards promulgated by the Arizona Secretary of State because the files contain procedural information and code that is used to program elections machines, and could reveal information that might compromise future elections. The county agrees that the Diebold GEMS software used to tabulate votes has serious security flaws, but that is all the more reason to not allow the information in the database into the public domain...

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

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The Pima County Democratic Party sues Pima county for public records access to election databases
PLUS FLASHBACK VIDEO: Pima's Election Director, Brad Nelson, Gone Wild on Video Tape...
By Michael Bryan on 12/4/2007 8:07am PT  

Guest Blogged by Michael Bryan

I am Michael Bryan, an attorney and blogger whose home is Tucson, Arizona. Starting today and continuing through Thursday, at BlogForArizona.com (my blog) and The BRAD BLOG, I will be covering the trial of Pima County Democratic Party v. Pima County. The proceedings will be live-blogged at BlogForArizona every day, with a daily summary posted each evening of the trial here at The BRAD BLOG.

The trial concerns the Pima County Democratic Party's demand for access to public records. Specifically, they seek access to database files that contain the raw tabulator vote data from a past local bond election. They seek to establish the public's right to inspect and analyze those records to search for any irregularities or manipulation by elections department insiders. Ideally, the Democrats want the judge to declare that all such files must be given to all political parties in Pima County in all future elections, so that public scrutiny can help ensure that the vote is honestly counted.

Why the concern that public officials, whose job it is to count the vote, may be instead manipulating the vote? Because the software Pima County (and many, many other jurisdictions around the country) is using to tabulate the vote is "fundamentally flawed" as to security according to an independent audit [PDF] commissioned by the Arizona Attorney General.

The "fundamentally flawed" software is made by Diebold and is called Global Election Management Software, or GEMS. Election integrity activists and researchers have long known that vote totals can be easily manipulated by insiders with access to the computers on which GEMS runs. The software is so fundamentally insecure that vote data can be changed by simply using the common database software Microsoft Access --- and the fraud can potentially be completely untraceable. With security conditions like that, it becomes imperative that the public have oversight of that data, just as the public has (or should have) oversight over the rest of the elections process.

For more background information about the software and the issues behind the trial, please see my post, Pima County Election Integrity Blues, or my introduction to the trial, both on BlogForArizona.com.

You may also wish to see Steve Rosenfeld's excellent report yesterday at Alternet, offering more specific details on what is at stake here.

If you would like to just listen to a discussion of the issues in the trial, please take a few minutes to listen to my recent interview with Action Point host Cynthia Black on Phoenix' Air America station...


For additional context here, I'll point you to a video (at right) of one of the men at the center of this controversy, Pima County's Election Director Brad Nelson. BRAD BLOG readers may remember this remarkable video referred to as "Election Director Gone Wild" as Nelson breaks into a tirade after being questioned by Pima County Election Integrity activist, John Brakey, about the Diebold DRE voting systems that Nelson was preparing, back then, in February of 2006, to bring into the county.

Please check my blog, BlogForArizona.com, for regular updates on the trial as it unfolds, and here at The BRAD BLOG for updates at the end of the days proceedings today through Thursday. Please use the comments on either blog to ask questions or make suggestions, we'll have someone monitoring the comments during the trial and will do our best to respond.

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Speaking at Progress Now's Rocky Mountain Root Camp! Please Come on by and Say Hello!
By Brad Friedman on 11/29/2007 8:48am PT  

Blogged by Brad en route to Denver...

While we put a lot of miles on our car, at our own expense, we're not nearly clever enough to figure out how to get to places like Hawaii or Cape Cod, much less trick the government into picking up the tab like the DoJ's John "Minorities Die First" Tanner.

But we will be visiting lovely Denver for a day or two in December, as we've been invited to speak this weekend at Progress Now's Root Camp on our way back towards Los Angeles.

If you're in the 'hood, please stop by for some Election Integrity strategizing in the Mile High City and to say hello! In addition to discussing EI and blogging at the free conference, we'll also be moderating a Q&A to follow a screening of David Earnhardt's new documentary UNCOUNTED: The New Math of American Elections. Would love to see ya there!

UPDATE 12/2/07: Had a great time in Denver, even with all of those nosy bloggers hanging around!

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Fear 'Train Wreck' in Upcoming Presidential Primary Election as Cost of Move to Electronic Voting Translates to 40% Fewer Voting Booths...
By Brad Friedman on 11/29/2007 8:35am PT  

Blogged by Brad Friedman from the Kansas/Colorado border...

Salt Lake City Weekly covers the state's recent electoral woes in the wake of moving to Diebold touch-screen voting machines. They even use a word we reference often here at The BRAD BLOG in regard to upcoming elections: "train wreck."

Meanwhile, in Salt Lake County, election officials are trying to figure out how to persuade voters not to come to the polls. With the switch from punch cards to touch-screen voting, the county ended up with 40 percent fewer polling booths. A large turnout will overwhelm the setup, says county Clerk Sherrie Swensen.
...
The presidential primary in February might be a good test of what is in store next year. Utah is participating in Super Tuesday with Mitt Romney on the ballot, and Swensen expects at least 40 percent turnout. If the vote goes anything like the recent city election, it could be a train wreck.

Utah, of course, was the home of one of the most notorious touch-screen voting system investigations in the country when Emery County Clerk Bruce Funk allowed renowned computer security expert Harri Hursti and e-voting watchdog group BlackBoxVoting.org to examine the new Diebold touch-screen systems forced on him for use by the state.

Their startling vulnerabilities revealed in the Diebold systems by the study were described at the time as a "major national security risk" and "the most severe security flaw ever discovered in a voting system" by Election Integrity, Voting System and Computer Security experts.

For his diligence on behalf of his voters, Funk, the 23-year elected County Clerk, was subsequently locked out of his office and removed from his job with the support of the very state officials who had gone into business with Diebold to create the mess the state now faces.

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County Registrar Asks for Permission to Use Same Uncertified ES&S Touch-Screen Machines Again, Despite Cost and State's $15 Million Lawsuit Against Distributor...
By Brad Friedman on 11/24/2007 9:44pm PT  

Blogged by Brad from St. Louis, MO...

Things are really expensive in Marin County, California. For example, the cost to the county, so far, for each vote cast on their brand-new AutoMARK touch-screen voting machines has been $45,588.23.

Yes, that's more than $45,000 per vote for each of the 17 votes cast on the county's 130 machines over the last two countywide elections since they began using them.

And apparently, the county's elected Registrar of Voters, Michael Smith, really wants to continue using those machines, even though ES&S, the company which distributes them, is now being sued by the State of California for deploying uncertified AutoMARK machines in counties across the state, in violation of state law.

Nonetheless, Smith is asking CA Secretary of State Debra Bowen if he can continue using the uncertified machines in the upcoming Presidential Primary election next February, despite all of that, according to the Marin Independent Journal, who reports today:

Marin was one of five California counties that bought the machines. The county spent $775,000 to buy 130 machines. They were used by 17 voters in the two countywide elections during which they were used.

True, the cost per vote on the AutoMARK in Marin will theoretically come down with each successive election in which they are used (depending on what ES&S charges the county to program them each time, plus the excessive costs of warranties). In a decade or two, at this rate, if the same machines are still in use, each vote cast would come at a bargain basement price of just a few thousand dollars a piece.

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

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Voting Machine Company Allegedly Violated Law by Deploying Uncertified Touch-Screen Machines in Several CA Counties and Lying About It in Public Hearings...
By Brad Friedman on 11/19/2007 4:01pm PT  

Blogged by Brad (quickly) from the road...

California Sec. of State Debra Bowen has announced a $15 million lawsuit against voting machine company ES&S for their use of uncertified AutoMARK voting systems in the state.

The BRAD BLOG initially reported on the likelihood of such a suit, in some detail, after Bowen's initial announcement of ES&S's violations of state law last August.

“ES&S ignored the law over and over and over again, and it got caught,” said Bowen in a press release just issued this evening. “California law is very clear on this issue. I am not going to stand on the sidelines and watch a voting system vendor come into this state, ignore the laws, and make millions of dollars from California’s taxpayers in the process.”

According to the release, ES&S seems to have simply lied about their use of the uncertified voting systems in the state of California. "The Secretary of State’s office held a public hearing on the matter on October 15, 2007. At that hearing, ES&S asserted the Secretary of State was notified about changes to the AutoMARK. However, ES&S provided no evidence before, during, or after the hearing to substantiate its claim."

Such deceptive practices are not uncommon for ES&S, as well as the other major e-voting machine companies. Diebold's touch-screen voting systems were decertified in the state in 2004, after it had been found that they had similarly deployed uncertified hardware and sofware, in violation of state law, in a number of counties in the state.

The complete press release from CA Sec. of State Debra Bowen's office follows below...

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

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One Caused no Problems; the Other Impacted a High-Profile Local Election...
By Ellen Theisen on 11/16/2007 2:32pm PT  

Guest Blogged by Ellen Theisen of VotersUnite.Org

-=-

Individuals installing Trane air conditioning units observed smoking and smelled a burning odor in three units during installation testing procedures. No injuries were reported.

In cooperation with the U.S. Consumer Product Safety Commission, Trane voluntarily initiated a product safety recall of the offending 265 volt model and included the 208 and 230 volt models even though no incidents were observed with those models.

-=-

During the November 2006 general election in Tennessee, a defect in the voltage system caused a Hart InterCivic eSlate voting machine to start smoking. Approximately 2,625 citizens were injured when the voting machine refused to report their votes.

Hart InterCivic failed to retrieve the votes and took no action to protect consumers or voters. According to one report, a Knoxville computer company retrieved the votes from the chips inside the machine.

The votes were essential to deciding an extremely controversial, deadlocked pension question involving Knox County sheriff's officers.

The question eventually passed by 497 votes out of over 103,000 cast — less than ½% margin. The plan will cost tax payers $15 million initially and a projected $100 million over the next 20 years.

For the first time ever in Tennessee a county will borrow money (by selling bonds) to pay for a pension fund.

-=-

It's time to call for accountability in the machinery of our electoral system. Please sign the petition in support of VoterAction's call for Congressional investigations into blatant and destructive commercial fraud in the electronic voting machine industry.

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One Witness, a Computer Expert, Expresses Shock at How Easy It Is to Change Vote Totals
By Jon Ponder on 11/16/2007 8:30am PT  

Guest blogged by Jon Ponder, Pensito Review.

As anyone who has given electronic voting more than a cursory look knows, the "flexibility" of these computer systems is also their weakest and most dangerous link. This weakness was underscored in Houston earlier this week when Johnnie German, the Harris County administrator of elections --- with proper witnesses looking on, including representatives of the two major parties --- accessed the county's eSlate system and altered the tally of votes on a tax referendum from the Nov. 6 ballot, according to the Houston Chronicle:

German's late-night deed, said by officials to be a first-time event in the six years Harris County has used the eSlate voting system, has rekindled the debate about whether the newest electronic methods for counting votes should be trusted.

What German graphically demonstrated was that with the proper physical and informational access, one person can alter the results of an election in a county of 1.8 million registered voters.

One witness, John R. Berman, a computer expert representing the Democrats, was unpleasantly surprised at how easily the votes could be changed:

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

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