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Latest Featured Reports | Monday, September 1, 2014
Erick Erickson's Global Warming Denialist Tantrum
Latest barometer of denialist desperation: The rightwing 'thought leader', as usual, is wrong on the facts and science, so he's just taking his ball and going home...
Video Captures GA Family Disowning, Assaulting 20-Year Old Gay Son
But there is a "happy" ending, of sorts, to this heartbreaking and disturbing story...
'Green News Report' 8/28/14
  w/ Brad & Desi
BP refinery explodes. Again.; UN report warns of 'irreversible' warming; Fines for oil, chem spills; 22% of world elec. is now green; PLUS: People's Climate March coming to NYC...
Previous GNRs: 8/26/14 - 8/21/14 - Archives...
Faking the Ferguson Docs:
KPFK 'BradCast'
Brad interviews open records advocate Charlie Grapski on his evidence that Ferguson and St. Louis County police are illegally withholding evidence in the killing of Michael Brown; Plus MUCH more...
Records Requests Suggest Ferguson, St. Louis County Police Involved in Cover-Up
How else to explain the missing details and required documentation of Officer Darren Wilson's killing of Michael Brown?...
'Green News Report' 8/26/14
  w/ Brad & Desi
Napa earthquake is a warning for CA's nuke plants; Another coal plant bites the dust; Cutting emissions will save $$$; PLUS: Fighting drought with a 'salmon cannon'...Yep...
Previous GNRs: 8/21/14 - 8/19/14 - Archives...
Siegelman Judge, Arrested For Beating His Wife, May Avoid Prosecution Altogether
U.S. District Judge Mark Fuller checks in for 'treatment', may be able to duck prosecution...
Our Story So Far: The WI GOP Photo ID Voting Restrictions
Trouble keeping up with all the court cases barring, then allowing, then barring GOP Photo ID voting restrictions in WI? We'll catch you up quickly...
Obama Orders Review of Police Militarization Program
In response to bi-partisan calls for reform and disturbing display by militarized local police in Ferguson, MO, the President takes aim at controversial Pentagon program...
Ryan Dismisses Elderly Voter's Question About His Medicare Cuts
2012 GOP Veep nom and 2016 hopeful 'charms' elderly voters in FL, by ignoring them...
Perry Tells NH Businessmen His Felony Indictment Was for a 'Bribery' Charge
Is this another 'oops' moment from the Repub TX Governor and 2016 hopeful? Or something else entirely?...
'Green News Report' 8/21/14
Too much rain in AZ desert; Another toxic spill in Ohio River; Solar breakthrough; Wind energy prices hit all-time low; PLUS: Auto-magically cleaning up Baltimore Harbor...
Rep. Hank Johnson on Ferguson and Demilitarizing the Police: KPFK 'BradCast'
The Democratic U.S. Congressman from Georgia's 4th district joins Bradto discuss his new bill...
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...


Suit Seeks to Stop Last Minute Implementation of ES&S Voting Machines In Allegheny County
By John Gideon on 4/12/2006 2:06pm PT  


Guest Blogged by John Gideon

Just announced by KDKA-TV in Pittsburgh, Pennsylvania is the news that a group of citizens and People For The American Way have filed suit against the Secretary of State; Dan Onorato, Allegheny County Chief Executive; James Flynn, County Manager; and senior officials at the federal Department of Justice. The citizen group includes members of the disabilities community who want to make sure the County purchases machines that are accessible to all individuals with disabilities.

KDKA reports:

The lawsuit filed today says that decision risks chaos on Election Day because of the lack of time to train election officials and educate voters about the change from lever machines which have been in use for 40 years.

"This rush to a new and flawed technology just weeks before the election threatens to sow chaos in the primary and compromise the fundamental rights of thousands of voters for years to come," says Harry Litman, the former United States Attorney in Pittsburgh and an attorney for the plaintiffs. "It's a bad deal for Allegheny County, and, we believe, a violation of federal law."

The suit, Celeste Taylor v. Dan Onorato asks the court to prevent use of machines manufactured by Election Systems & Software until the County has spent the time necessary to identify voting systems that are secure; reliable; and accessible to voters with disabilities.
...
The plaintiffs cite elections in Texas, Florida, California, Ohio, and North and South Carolina where ES&S machines failed on Election Day.

A report by the Inspector General in Miami of a 2002 election found that the ES&S machines were not properly prepared; their results could not be audited; poll workers were unable to operate machines; and large number of voters simply gave up as a result.
...
The complaint alleges that DOJ has pressured Allegheny to buy the new machines by improperly threatening to take back about $12 million that has been given to Pennsylvania for improved voting systems.

These machines are sold and serviced by Elections Systems and Software, the same company that has played a major role in failures of memory cards and is a large reason why this nation is headed for a "Train Wreck" in our primary elections and, if no action is taken, in November.

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Convicted Republicans Hired, then Fired from Bush/Cheney '04 Made Dozens of Calls to WH 'Political Office' Just Before and During '02 Election
By Brad Friedman on 4/10/2006 3:49pm PT  

More on the Phone-Jamming charges against (so-far) Republican officials. The matter now seems to be reaching into the White House as reported by AP:

WASHINGTON - Key figures in a phone-jamming scheme designed to keep New Hampshire Democrats from voting in 2002 had regular contact with the White House and Republican Party as the plan was unfolding, phone records introduced in criminal court show.

The records show that Bush campaign operative James Tobin, who recently was convicted in the case, made two dozen calls to the White House within a three-day period around Election Day 2002 --- as the phone jamming operation was finalized, carried out and then abruptly shut down.
...
Democrats plan to ask a federal judge Tuesday to order GOP and White House officials to answer questions about the phone jamming in a civil lawsuit alleging voter fraud.
...
The phone records show that most calls to the White House were from Tobin, who became President Bush's presidential campaign chairman for the New England region in 2004.
...
While national Republican officials have said they deplore such operations, the Republican National Committee said it paid for Tobin's defense because he is a longtime supporter and told officials he had committed no crime.
...
Virtually all the calls to the White House went to the same number, which currently rings inside the political affairs office. In 2002, White House political affairs was led by now-RNC chairman Ken Mehlman. The White House declined to say which staffer was assigned that phone number in 2002.

Read the full story for many more details, but it should be noted that the White House hired Tobin to work their North-Eastern regional campaign in 2004 even after they already knew he was under investigation for the 2002 charges. He was only asked to leave his '04 post once the reports of the '02 investigation became public knowledge.

(Hat tip to RAW STORY.)

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Our Elections are Now Officially 'A National Disaster in the Making'
A MUST READ GUEST EDITORIAL BY JOHN GIDEON OF VOTERSUNITE.ORG
By John Gideon on 4/9/2006 5:24pm PT  

By John Gideon, VotersUnite.Org and VoteTrustUSA.Org

Normally this space is taken with my ideas of what are the "Top 5" voting news stories for the week. Today I am going to use this space to talk about what I see as the beginning of a disaster in the making with our elections. This isn't the election fraud that some point to when they talk about the vendors and some elections officials. It's not about recounts or audits. This is a real, get your hands around it, happening problem that will disrupt our election process if we do not do something about it now. While we have been involved in all of our issues about Direct Recording Electronic (DRE or "touch-screen") voting machines or paper ballots the electronic voting machine vendors have been wreaking complete havoc across the country.

So far this year two states have conducted primary elections. In Texas there is at least one candidate who has stepped forward and has challenged the election because of anomalies in vote counts and known voting machine failures. One county's machines counted some votes up to 6 times which resulted in approximately 100,000 more votes being counted than were cast. Though the vendor, Hart Intercivic, initially blamed the problem on human error, they finally had to admit that it was a programming error and not poll workers or voters who had erred. In Illinois some county officials are threatening to withhold final payment of funds on contracts with Sequoia Voting Systems because of failures with their machines that ended with results in the primary not being known for over a week after the voters went to the polls. In both states the involved vendors were very successful in the media with deflecting the blame from their machines to "human errors" or "glitches". However, when you listen to people who were there and who saw and worked through the problems you get a very different picture...

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

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Plans to use Diebold, then Sequoia Fell Through When their Electronic Voting Machines Surprised them by Failing --- So County is Now Turning to KNOWN Failure, ES&S!
By Brad Friedman on 4/6/2006 11:14am PT  

Originally Allegheney County, PA had hoped to use Diebold's electronic voting machines --- until they found out that Diebold machines were hackable.

Then they decided instead to go with Sequoia Voting Systems instead --- until they found out that their machines are hackable too.

Yesterday, with just six weeks left before their primary election, and against the wishes of Allegheny County's Chief Executive who felt it was safer to stay with their old lever systems, Allegheny decided instead to go with new ES&S touch-screen voting machines.

ES&S, of course, is the company whose machines failed all over Texas during the March 7th primary in Texas, leading to state-wide election contest by a Republican former Supreme Court Justice. ES&S saw more than 30% of their memory cards fail in recent pre-election tests in Summit County, OH, more than 1000 cards fail in NC, and their machines failed to work completely this week as early voting began in Indiana.

Good luck with the new ES&S voting machines Allegheny County, PA!

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By John Gideon on 4/2/2006 5:06pm PT  

Guest Blogged by John Gideon, of VotersUnite and VoteTrustUSA

The "DVN Top 5" is a feature in the weekly voting newsletter of VoteTrustUSA. The March 27 edition can be found here. The selection of what will be the "Top 5" for each week and where it goes on the list is all mine. The fact that you may disagree with my choices is great because it shows that you have been reading the DVN articles that I've posted throughout the week here on The BRAD BLOG!...

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

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Carolyn Wilson Crnich Admits Hackable Diebold Optical-Scan Voting Machines Kept at Poll Worker Homes the Night Before Elections
Can't Speak to Security Vulnerabilities
By Brad Friedman on 3/25/2006 2:36am PT  

Blogged by Brad on the Road...

I know I'm supposed to be taking a few hours off (how's that going, Brad?)...But I couldn't help sharing with you a quick piece of audio from my regular Friday guest appearance on KRXA 540am's Peter B. Collins Show today (broadcast out of Monterey, CA).

I was pleased that Carolyn Wilson Crnich, Elections Registrar of Humboldt County, CA was able to join us on air for one of the segments (posted below.)

Crnich is one of the officials named as a defendant in the recent lawsuit against CA Sec. of State Bruce McPherson and other county elections officials around the state. The suit calls for the ban of use and purchase of Diebold touch-screen voting systems in the state since (amongst other reasons) they have proven to be hackable and their recent certification was in violation of state law requiring all certified voting systems to conform to Federal Voting System Standards. Diebold's machines do not conform to such standards because they contain "interpreted code" --- which is specifically banned by the Federal standards. Diebold has now admitted to the existence of such code on their systems. The forbidden code went unexamined and untested by Federal authorities when the machines received Federal certification.

Nonetheless, Crnich (we believe) is one of the good guys. She's proven willing to dump her previous plan to use Diebold AccuVote TSx (touch-screen) machines, which she was going to use in order to meet the disabled-accessible voting device requirement in the Help America Vote Act (HAVA). She is now hoping to use the paper-ballot based Vote-PAD system in Humboldt County this year instead.

However, as our on-air conversation revealed, there are still very serious concerns with Humboldt County's optical-scan system since they use the very system, made by Diebold, which was shown to be hackable last December in Leon County, FL.

Of note in our conversation, Crnich admits that optical-scan systems are sent home with poll workers the night before elections where --- even if the hackable memory cards are wired into the machine so they can't be removed --- they can still be accessed by other means. If so, a malicious poll worker could modify the code on the memory cards, allowing an election to be hacked without a trace left behind during that breakdown in chain of custody for such home-stored voting machines.

Give the interview and discussion between Crnich, myself and Peter B. a listen. See what you think. It's good to have such an admission on the public record, and the fact that she admits to not knowing what could happen when these machines are stored at poll workers' houses.

Again, I'm glad she was willing (unlike many other Elections Officials around the country) to come on air and face some of these tough questions. Happy to hear your thoughts.

-- Carolyn Wilson Crnich, with Brad on the Peter B. Collins Show, 3/24/06 [MP3, about 13 mins]
-- Complete Brad appearance on Peter B. Collins Show, 3/24/06 [MP3, about 35 mins, and quite a bit funnier, IMHO]

(Thanks to Joe at the Peter B. show for sending the audio!)

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Sec. of State Bruce McPherson, 18 County Registrars Named as Defendants
Violations of State, Federal Laws Alleged, State Senator Releases Comment Condemning McPherson, Outlining Violations
By Brad Friedman on 3/21/2006 1:46pm PT  

As The BRAD BLOG broke yesterday, a lawsuit has today been filed in San Francisco Superior Court demanding that California Sec. of State Bruce McPherson follow state and federal law in regards to his recent re-certification of Diebold voting machines in the state.

McPherson is named, along with 18 California county registrars, as defendants in the suit which calls for a ban on the use an new purchase of Diebold voting machines in the state. The suit was filed by VoterAction.org on behalf of 25 California voter/plaintiffs.

-- Here is a complete copy of the lawsuit file today [PDF]

Reuters originally reported on the story an hour or so ago as "Diebold Inc. sued over California voting systems". That headline is, in fact, incorrect. They have now reissued the story with the more accurate headline "California sued over Diebold voting systems".

The lawsuit against Diebold, we imagine, will come later after California is ready to admit how they've been screwed by the company and they try to recover the millions they've lost in betting on the wrong horse.

VoterAction is the non-profit organization who brought the actions that led to both the decertification of Diebold in California in 2004 and, more recently, the ban on the purchase of Sequoia voting machines in New Mexico (which led to a new law in the state requiring a paper ballot for every vote cast.)

We're short on time today, and haven't even been able to review the complete suit yet, so we'll let State Sen. Debra Bowen's press release in regard to the lawsuit, do the reporting for us since she's generally nailed all the factual basis for the complaint and explains exactly how McPherson's certification of Diebold is in violation of several state and federal laws.

Bowen, who is running herself for Sec. of State this year, also presents a very useful timeline in the release, explaining how we got here in the first place, and how it is that McPherson seems to have simply disregarded the law in favor of his good friends at Diebold.

Remember, as goes California (or as Diebold likes to call it, "America's largest voting market") goes, so goes the country...In other words, this suit is much bigger than just California...

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

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Lawsuit to Name Sec. of State Bruce McPherson, Alleges 'Severe Security Risk', Noncompliance with HAVA's Disabled-Voting Provisions, and Violation of CA State Law!
By Brad Friedman on 3/20/2006 2:28pm PT  

UPDATE 3/21/06: Suit now filed, full coverage here...

=====

We've hinted of late at upcoming legal actions, in several states, against the use of Diebold voting machines. The BRAD BLOG can now reveal that such a legal action will be filed tomorrow morning in San Francisco's Superior State Court in response to Secretary of State Bruce McPherson's recent re-certification of Diebold Electronic Voting Machines in the state.

VoterAction.org is announcing their intention to file suit, on behalf of several plaintiffs, "aimed at halting the use or purchase of Diebold electronic voting systems" in the state.

The same group recently carried out a similar action in the state of New Mexico, in regard to the use of Sequoia Touch-Screen voting machines there. That suit ultimately led to the ban of use of such machines, and a bill which was recently signed by Gov. Bill Richardson requiring a paper ballot with every vote cast in the state.

Diebold's optical-scan and touch-screen systems were revealed last December to contain "interpreted code" which is banned by Federal Voting System Standards. It was that "interpreted code" which was exploited in the recent hack of a test election in Leon County, FL where the results of the election were completely flipped without a trace being left behind.

Despite that startling revelation, California's Sec. of State Bruce McPherson certified the systems anyway in California, after they had previously been decertified in 2004 when Diebold admitted they had used untested and uncertified software patches on their machines in the state.

Diebold has now admitted [PDF] that their voting systems, both optical-scan and touch-screen, contain such "interpreted code." That, despite the fact that its use is banned at the Federal level. California state law requires that voting systems certified in the state meet those Federal standards. McPherson, apparently, has chosen to blatantly ignore that state law. (We'll have further details outlining the above allegations very specifically, and in no uncertain terms, in a future post here at BRAD BLOG.)

According to VoterAction's press release (posted in full below), the legal action is being filed because "Diebold's TSx touch screen voting system is a severe security risk, and does not accommodate all disabled voters as required by law."

Sources have told The BRAD BLOG that the action is to encompass many, if not all, of California's counties. Some 18 of them are currently doing business with Diebold.

The press release goes on to charge that, "The Diebold system is difficult if not impossible to audit or recount, and has been proven vulnerable to malicious tampering in tests and studies. Diebold technology contains 'interpreted' code, which is easily hacked, and illegal for voting systems in the State of California."

Diebold is currently facing litigation in several investor class action lawsuits alleging Securities Fraud Violations such as insider trading and the false manipulation of stock prices by eight current and former company officials.

A press conference will be held to discuss the latest legal action involving Diebold tomorrow morning. The complete Press Release from VotersUnite.org follows...

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

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Governor's Open Letter: 'One person, one vote is in jeopardy if we do not act boldly and immediately'
But How Long Will the Bill Take To Come Into Effect?
By John Gideon on 3/1/2006 6:40pm PT  

Guest Blogged by John Gideon

"American citizens once took for granted that every vote mattered, but no longer. It is time that we, the elected state officials, work to restore American's confidence in our electoral systems and undertake reform that moves to eliminate skepticism and uncertainty." --- NM Governor Bill Richardson's 3/1/06 Letter "To the State Officials of the 50 United States of America" (Posted in full below)

Today Governor Bill Richardson of New Mexico made a powerful statement to officials in all states (see full letter below) as he announced that tomorrow he would be signing legislation that would require the state of New Mexico to go to a paper ballot based voting system. No longer will the state use Sequoia DRE (touch-screen) voting machines...the machines that reported large numbers of undervotes in previous elections...The same machines that disenfranchised minority voters...The technology Richardson describes as "simply fail[ing] to pass the test of reliability" in his open letter published today.

The Governor has also announced that the bill's signing ceremony will be webcast. The announcement says:

We hope you will join the Governor, concerned citizens and legislators as the Governor's signature moves New Mexico forward by ensuring that our democracy continues to flourish. The live webcast will begin Thursday at 11:00am MST (1:00pm Eastern) and can be viewed at:

www.billrichardson2006.com/reform/paperballots

Please watch the webcast, take a moment to look at the Governor's proposals, and sign the petition to get your state, and the rest of America, to make every vote count

This all sounds wonderful, except???opponents of the legislation managed to get the legislation amended so that voting systems "owned or used" as of 1 May 2006 that do not use paper ballots can continue to be used until, among other things, debt on purchases of those machines are paid by the state. Then, the bill that appropriated funds to pay off the debt died in committee. Now the state needs to find the money to pay off the debt.

UPDATE 3/3/06: Signing ceremony video and petition calling on all states to join NM now here.

The complete letter from Gov. Richardson of New Mexico follows...

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

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Pima County Election Director Brad Nelson Launches Outburst Towards Election Reform Advocate in Response to Question About New Touch-Screen Voting Machines
Letter Calls for Censure of Official as Onlookers Stunned by Encounter, Feared Violence Would Break Out...
By Brad Friedman on 2/27/2006 10:57am PT  

The battle between Election Officials and Election Integrity Advocates has been simmering and intensifying for some time. Last week, in Arizona, one such confrontation boiled over briefly into an outburst at a public meeting which was documented on video tape. In what could be a preview for the Electoral Integrity fight still to come, Pima County, Arizona's Election Director Brad Nelson went into a short tirade last Tuesday as the video camera rolled during a local Democratic precinct council meeting in the state's 26th Legislative District.

The BRAD BLOG has obtained the exclusive video of the event which reveals the Republican Nelson flying off the handle and shouting as he confronts Election Integrity Advocate, John Brakey, "nose to nose" during a question about Diebold's DRE (touch-screen) voting machines. Before Brakey was able to get to his main question concerning Nelson's plans for Logic and Accuracy testing on the machines, he was interupted by Nelson's outburst over whether or not he had, in fact, signed a contract for use of the new voting machines in the county.

Diebold's hackable touch-screen machines have been recently approved for first-time use in the state by Arizona's Secretary of State Jan Brewer.

Ironically enough --- especially in light of this new video --- Brewer herself recently referred to election integrity advocates as "anarchists" in an interview with the Arizona Star after demonstrators concerned about Diebold interrupted her re-election campaign announcement just after the first of this year.

While Nelson's confrontational rant was just short of anarchic, it certainly sent a shockwave of concern throughout the room of stunned onlookers.

One of the witnesses present, Rev. Gerry Straatemeier, described the "intimidating behavior" displayed in the incident as "completely out of line for a public official". Straatemeier was so troubled by the display that she sent an open letter to the Pima County Board of Supervisors calling for Nelson to be censured for the behavior. In the letter (posted in full at the end of this item, along with a text transcript of the event) Straatemeier says, "I really thought he was going to land a blow on Mr. Brakey and I was scared to death."

In the video, Nelson charges towards the camera at one point --- which Brakey was standing near --- coming so close that it's impossible to see anything but his chest in full camera's full frame.

Straatemeier, in her letter, suggests the tirade was an attempt to intimidate Brakey --- and other election integrity advocates --- from further inquiry into the controversial Diebold touch-screen voting equipment now coming into Arizona despite a Dept. of Homeland Security warning that their tabulator software is hackable, a non-partisan GAO report confirming the failures and loss of ballots via electronic voting, and a recent independent analysis [PDF] commissioned by the Sec. of State of California which warns about the hackable "interpreted code" used in Diebold voting machines despite a ban on such code by the federal Help America Vote Act (HAVA) guidelines.

As we reported in May of last year, Brakey has for some time been closely investigating a number of troubling anomalies in recent Arizona elections. His intensive work auditing his own precinct in Pima County, where he says evidence suggest fraud occurred in the 2004 election, was covered in detail last year by The Tuscon Weekly. That work has brought him in contact many times in the past with Nelson --- without incident apparently, until last week.

Last Tuesday, as the following video shows, the simmering frustration and growing anger roiling up between many Election Officials and Election Reformers, has finally begun to make its way to the surface and into the public eye...


Additional versions of the video...
-- Video in Streaming Flash format...
-- Video in Windows Media format...

===
UPDATE 3/17/06: Tuscon's local NBC affiliate runs a report including this video, Nelson says he is sorry for the outburts. Full report here...
===

A complete text transcript of the incident, and a copy of Straatemeier's open letter to the Pima County Board of Supervisors calling for censure of Nelson follows...

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

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Lots of Electoral Stuff in One Neat Package...
By Brad Friedman on 2/22/2006 10:00pm PT  

Notable news around the nation in regard to Electronic Voting, Election Reform and Voting in general is coming now at a more and more frenetic pace. We've got much more we're personally working on, but today there were a few other small-ish, yet notable-ish stories worth mentioning. Here they are --- wrapped into one single, user-friendly, BRAD BLOG item...

1) California May Want to Get Ready for Diebold Related Lawsuits
Voter Action --- the group who has successfully received a Temporary Restraining Order against the purchase of Sequoia voting machines in New Mexico while they enjoy unprecedented "discovery" on such machines --- has turned their eye towards Diebold in California, given the latest developments/shenanigans concerning SoS Bruce McPherson's re-certification in apparent violation of state laws and regulalations. The Voter Action press release issued today indicates that litigation in California, similar to that in New Mexico, might be very appropriate. Stay tuned.

2) Greens/Libertarians Demand Reinstatement of Federal Ohio '04 Recount Suit
Yes, they're still fighting for your vote to be counted. A Federal judge recently dismissed their lawsuit charging that the 2004 Ohio Presidential Recount was gamed. The reason for the dismissal: The point was now moot, since the 2004 recount procedures would not be used again. But, according to 2004 Green Party Presidential Candidate David Cobb, what the judge didn't know when he dismissed the case, was that Ohio's SOB SoS, J. Kenneth Blackwell, recently announced that recount procedures would be the same in the future. Game back on, says Cobb in his motion to re-instate the case.

3) Diebold Whistleblower Charged With Three Felony Counts
The LA Times reports today (link above) that Stephen Heller, the man who released internal memos from Diebold's California law firm in 2002 showing they were aware of a number of election law violations pled "not guilty" to the charges. Says his attorney, "Certainly, someone who saw those documents could have reasonably believed that thousands of voters were going to be potentially disenfranchised in upcoming elections." Diebold fought to keep the docs from being published. They lost. Eventually it all led to a multi-million dollar settlement with California and BlackBoxVoting.org, who has more on this...

4) TV News Waking Up to Election Reform Issues!
WGAL in Philadelphia covers the Electoral mess hitting their state. The second of their two-part report takes a look into the unsavory legal backgrounds of virtually ALL of the American Voting Machine companies. From ES&S to Sequoia to Danaher to Diebold, etc. Here's to more local news outlets jumping into the game where the national media is failing!

5) George W. Bush Acts Like He Gives a Damn About the Voting Rights Act
A few years ago, he didn't know what it was. Now, with it coming up for renewal in 2007, after his Dept. of Justice has all but gutted it, Bush has the temerity to call for its renewal as if he cares about it. Says Bush in this short video today (thanks David Edwards!): The VRA is a "milestone in the history of civil Rights. Congress must act to renew the Voting Rights Act of 1965." Like he could give a shit.

6) Parallel Universe: Election Reform as Covered by Fox "News"
A preview of how the MSM (led as usual by Fox) will likely cover Election Reform as soon as they notice the massive crisis. Which is to say, they'll report on everything that doesn't matter, but that which Fox and the GOP tells them is important. In their article, Fox, of course, puts the emphasis on States that haven't implemented HAVA fast enough, Photo ID requirement laws, the non-existent problem of "Voter Fraud" (yes, all the Baker/Carter Commission cretins, including our friend, the unrepentant Robert Pastor make unsurprisingly Fox-friendly cameos) and finally, at the end --- the very end --- a brief nod to a few concerns about Electronic Voting. The biggest concern there? "Inexperienced poll workers" having problems with the "new technology." Hey, it's the "#1 Name in News" for a reason, baby!

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FEATURING: An EXCLUSIVE Video Tape Interview with CA's Clueless SoS Stating 'We'll Wait to Hear from the Feds About Diebold Before Certifying' (apparently, he was just kidding)
ALSO: Action Items for Americans Who Care About Democracy --- Five Phone Calls is All We Ask Right Now to Force E-Voting Vendors to Answer Questions Under Oath!
By Brad Friedman on 2/21/2006 2:18pm PT  

Inveterate Huff Po contributor, R.J. Eskow picks up on our coverage of the latest mind-blowing Dieboldery by California Sec. of State Bruce McPherson and what it may bode for the Golden State as the GOP sets their sights on political manifest destiny.

Connecting a few dots, and noting big Bush Adminstration gunslingers, like Steve Schmidt, who are roving their way westward to help shore up the Governator's re-elect prospects out here, Eskow concludes:

So what does this all mean? It suggests that California, with its treasure trove of congressional seats and 2008 electoral votes, is the next battleground. Yes, Gov. Schwarzenegger is wildly unpopular now. But, as the GOP proved in the 2004 Presidential race, unpopularity need not be a barrier to re-election - especially when Diebold machines are counting the votes.

All the 'heavy hitters' are coming into town, their shiny cars pulling up to the curb. You've seen the movie. You know what happens next. If you live in California, my friend and blog-comrade skippy has a suggestion for how you can help.

Note: Eskow's appropriate concerns about McPherson's inexplicable Diebold double-cross don't even mention the Dept. of Homeland Security's warning about their hackable tabulator software, the recently flipped-without-a-trace-left-behind mock election in Leon County, FL, the GAO Report confirming the dangers of electronic voting, and his link to a page describing the failure rate of Diebold machines in a massive election test last summer pins the percentage of failed Diebold touch-screen machines at just 10% (a later report confirmed the number was more like 20%, and a later one still pegged it at 30%.)

It also still remains unexplained why McPherson didn't wait to hear back from the federal "Independent Testing Authority" (ITA) --- which isn't actually independent, as it's created and funded by the Voting Machine Companies themselves --- to whom McPherson had sent back the Diebold memory cards after the Leon County hack test revealed their machines employed hackable "interpreted code" which is expressly banned by the Help America Vote Act (HAVA) guidelines for software used in electronic voting machines.

Back in December, McPherson's office sent a letter to Diebold explaining that they would not re-certify Diebold in California until the ITA completed their re-examination of the code in light of the hack test discovery:

We require this additional review before proceeding with further consideration of your application for certification in California. Once we have received a report from the federal ITA adequately analyzing this source code, in addition to the technical and operational specifications relating to the memory card and interpreter, we will expeditiously proceed with our comprehensive review of your application.

Apparently, the SoS's office was just kidding.

They went ahead and re-certified Diebold out here last week without waiting to hear back. They announced their decision late on Friday, at the start of the long holiday weekend and in apparent defiance of state election law and McPherson's own "10 Strict Standards" [PDF] which include "State certification testing does not begin until the federal qualification testing is successfully completed."

Apparently, he was just kidding about that as well.

With all of that in mind, readers of this blog would be remiss if they failed to take the actions described in Eskow's link to Skippy. Five phone-calls and/or emails this week are all that may be needed to finally see representatives from these unpatriotic Voting Machine firms subpeonaed and forced to answer questions --- under oath --- in a public hearing before elected officials concerning their secret software, shitty machines and under-the-table efforts to work around state and federal election laws. Hit that link, and call the five members of the California legislature's Rules Committee now!

By the way, McPherson himself also refused to show up at that hearing and refused to send a representative from his office to boot.

It should also be noted that Diebold is not the only bad player here. Add ES&S, Hart-Intercivic, Sequoia and several others to the list of cowardly unAmerican firms who recently refused the invitation to show up to testify before the California State Senate's Election Committee last week. All of those companies, apparently, believe it's none of our damned business how they count the votes (or not) in our American democracy.

Take action.

For full disclosure, we should also mention that we had the privilege of meeting both R.J. and Skippy in person over the weekend in an L.A. Blogger's get together out here. Good folks all of them, and we're delighted to see them jump into this most important game of all.

And finally --- since we've been looking for a good excuse to post this video --- we'll take this opportunity to give you an exclusive peek inside the "brain" of the man whose perplexing decision to re-certify voting machines and software known to be flawed and hackable may well effect similar decisions by Elections Officials around the entire country.

The following short Q&A with CA's SoS was video-taped by Dave Berman of GuvWurld about two weeks prior to the recent about face by McPherson. It's somewhat revealing --- particularly in the last couple of minutes where Dave gets to ask the questions --- as to the mindset and intellectual capabilities of the man currently appointed by Arnold to oversee free and fair elections in the country's largest "voting market" (as Diebold refers to it).

At one point in the questioning, when asked about the re-examination of Diebold software by the ITA, McPherson says, "If they're going to be certified, they're going to have to meet those levels of satisfactions to me...We, uh, we've, uh, just said that, uh, you have to meet these strict requirements and if they do, we'll consider it."

Apparently, McPherson was just kidding there as well....Since he recertified them without, apparently, waiting to hear back from the ITA.

Without further ado then, we give you the man, the myth, the elusive and rarely seen genius that is California Sec. of State Bruce McPherson --- as videotaped exclusively about two weeks ago in Humboldt County, just prior to his re-certification of Diebold voting machines in this state.


-- Video in Streaming Flash format...
-- Video in Windows Media format...

UPDATE: CA State Senator Debra Bowen (chair of the Senate Elections Committee) issues her own call to action to force McPherson to review his outrageous decision. Her reasons are summarized thusly:

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

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State Senator Outraged, Says Machines, Certification Violates State, Federal Standards and Law...
SoS' Own Report Agrees! McPherson Waits Until 5pm Friday of Holiday Weekend to Announce! [UPDATED WITH MUCH MORE INFO...]
By John Gideon on 2/17/2006 6:29pm PT  

Guest Blogged by John Gideon (with some additional updates/info from Brad)

Updated with much more information...

Secretary of State McPherson seems to have a thing for making major announcements late on Fridays just before holidays. Following in what seems to be a pattern of his, he announced late this afternoon that he was certifying Diebold Optical Scan and AccuVote TSx (touch-screens) for use in elections in the state.

The re-certification (they had been originally decertified in California in 2004 when it was revealed Diebold had installed illegal software updates on the machines) is conditional on some items but not on the one thing point he had announced last December when he sent the system back to federal authorities for further testing. At that time he said he was sending the machine's memory cards to the federal Independent Testing Authority (ITA) Lab for reinspection in light of the news out of Leon County, Florida that the cards used "intepreted code" which is specifically banned by the Help America Vote Act (HAVA). A "hack test" in that county revealed that an entirely election could have its results flipped by a hacker exploiting that "interpreted code" --- without a trace being left behind.

McPherson made his announcement today without waiting to hear back from the ITA lab.

Last summer, after a massive mock election test with Diebold touch-screen machines revealed that 10% of them failed entirely with screens freezing and printers jamming --- later reports would reveal that as many as 30% of the machines actually failed! --- McPherson said, "We certainly can't take any kind of risk like that with this kind of device on California voters."

Apparently the Secretary of State of America's largest "voting market," as Diebold refers to it, was just kidding about that.

State Senator Debra Bowen, (D-Redondo Beach), the chairwoman of the Senate Elections, Reapportionment, & Constitutional Amendments Committee issued the following Press Release after learning of McPherson's remarkable decision.

FOR IMMEDIATE RELEASE
CONTACT: Evan Goldberg (###) ###-4028/(###) ###-9176

February 17, 2006

BOWEN ON SECRETARY OF STATE'S DECISION TO RE-CERTIFY DIEBOLD MACHINES FOR USE IN CALIFORNIA

SACRAMENTO ? "How the Secretary can re-certify the Diebold machines when they don't comply with California law, they violate the standards set by the Election Assistance Commission (EAC) that the Secretary said he intended to follow, and he still doesn't have the report back from the ITAs that he said he was waiting for is beyond me."

That's how Senator Debra Bowen (D-Redondo Beach), the chairwoman of the Senate Elections, Reapportionment, & Constitutional Amendments Committee, reacted to today's decision by the Secretary of State to re-certify Diebold's electronic voting machines for the 2006 elections.

"Last December, the Secretary announced with great fanfare that he was sending the Diebold machines back for review by the Independent Testing Authorities (ITAs) because the memory cards those machines rely on hadn't been reviewed," continued Bowen. "Now, contrary to what he said two months ago, he's approving the Diebold machines without waiting for the report from the ITAs. Instead, he's basing his decision on a supposedly 'independent state audit' that no one has seen before today. There's a March 1 public hearing for four other voting machine vendors before their machines can be certified for use in California, so what was the rush to certify Diebold and side-step a public hearing on this issue?"

Seventeen California counties rely on the Diebold optical scan machines and a number of other counties have bought or are planning to buy the Diebold TSx touch-screen machines to use in the 2006 elections in order to comply with the federal Help America Vote Act (HAVA). The Secretary's decision is only good for the 2006 elections and comes with a number of conditions.

"In August, the Secretary said any machine approved in California would have to comply with all federal standards and regulations, yet the EAC bans machines that contain interpreted code and these Diebold machines rely on that type of code to operate, so he's gone back on that commitment," continued Bowen. "In December, he said he'd wait for a report from the ITAs before acting on the Diebold re-certification request, yet now he's re-certified the Diebold machines without hearing from the ITAs. He says he's acting based on the recommendations of an 'independent state audit' that came out on Tuesday, but the California State Auditor hasn't issued any reports on this issue and hasn't been asked to do a report. Asking a board appointed by the Secretary to make recommendations doesn't constitute an 'independent state audit' in my book.

"The other thing that no one has mentioned is the fact that the Diebold machines don't comply with the state's paper trail law because they don't provide blind or visually impaired voters with a 'read-back' of what the paper trail recorded, they only read back what the machine recorded electronically," noted Bowen. "That's not what the law requires, yet the Secretary has decided to go ahead and approve these machines for use anyway. If the Secretary wants to say he's changing his mind and lowering the safeguards California voters are entitled to have to ensure their votes are accurately counted, that's certainly his decision to make, but saying these Diebold machines comply with state law and with all federal regulations and requirements simply isn't accurate."

Under Elections Code Sections 19250 and 19251, all direct recording electronic (DRE) voting systems have to come with an accessible voter verified paper audit trail (AVVPAT). The AVVPAT must be "provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component." The Diebold TSx doesn't contain that feature, therefore making the AVVPAT that all DREs are required to have as of January 1, 2006, useless for blind or visually-impaired voters.

###

VOTING SYSTEMS HEARINGS, MARCH 1:
Also of note is the announcement of public hearings (as mentioned in Bowen's release) persuant to the certification of various voting systems, many of which are still not federally qualified. This announcement is not accompanied by any of the test reports necessary for citizens to go to this hearing with any knowledge of what the state found in their testing. Perhaps this is because none of these systems have been tested by the state yet?

...DEVELOPING...MUCH MORE BELOW...UPDATES, ACTION ITEMS, ADDITIONAL INFO...

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

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Dan Eggen Continues His Series of Reports on Adminstration Political Appointees Overruling the Opinions of Career Voting Rights Attorneys...
By Brad Friedman on 1/23/2006 1:01am PT  

Last month, we reported how the George W. Bush administration has effectively gutted the beloved, 40-year old Voting Rights Act. He has done so by allowing political appointees in the Department of Justice to override the recommendations of career attorneys in the Voting Rights division who had recommended against the Georgia Photo ID Requirement Law and Tom Delay's Texas Congressional Redistricting Scheme.

In both cases, the career attorneys at DoJ had written lengthy memos opposing the new laws --- 4 out of 5 of them in the GA case, 8 out of 8 in the TX case --- only to be overruled by Bush's political cronies. Dan Eggen of The Washington Post broke both of those stories, with some exemplary reporting, after obtaining the leaked memos.

Later, the DoJ mandated that no such written opinions would be allowed in the future.

Eggen, on Page A1 of Monday's WaPo, now has more on the fallout and allegations of politics being played with the VRA within DoJ, as Bush continues to dismantle as many American Values as he can before leaving office...Here's some highlights (or lowlights, as the case may be)...

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

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SoS Decides It Will Be Better To Wait For The Court To Make A Decision
By John Gideon on 1/6/2006 2:51pm PT  

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

According to a January 3 article on VoteTrustUSA, Secretary of State Rebecca Vigil-Giron delayed the purchase of 800 Sequoia Edge touch screen voting machines that some New Mexico counties had chosen to meet federal accessibility requirements.

On January 5 Voter Action amplified and corrected the statements of the Secretary. In their press release, Voter Action said:

"The Secretary of State has said the reason to buy the Sequoia AVC Edge touchscreen voting machines is to make voting easier for disabled voters, as required by the federal Help America Vote Act (HAVA). In fact, the Edge machines fail to accommodate the disabled or meet HAVA requirements, as shown in a powerful and detailed expert affidavit filed by the plaintiffs. In addition, the machines lack printers to produce voter verifiable and auditable paper ballots, as required by the New Mexico Election Code, and do not accurately record and count votes, as required by the New Mexico Constitution. To the contrary, the Sequoia Edge voting system has a record of losing thousands of votes, switching votes, and failing to record votes cast in Spanish."

NOTE: There is presently NO Sequoia voting system that meets the presently in force voting systems standards. The best that Sequoia can do is to meet standards that are 15 years old. Today this reporter called the Election Assistance Commission and I was told that Sequoia has nothing close to federal qualification at this time. This means that counties who have purchased their voting machines on the promise of being compliant by January 1, 2006 cannot meet the Help America Vote Act of 2002 accessibility mandates.

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