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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
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'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...


Princeton Professor Says Key To Gain Entry To Memory Card Is Standard Key Found Anywhere
By John Gideon on 9/18/2006 9:14am PT  

Guest Blogged by John Gideon

The UK's SC News reported today that Princeton's Professor Felten discovered that the key to gain entry to the memory card slot on the Diebold AccuVote TS is the same key that you may have to open your desk drawer, filing cabinet or even a hotel mini-bar [emphasis added]:

"The access panel door on a Diebold AccuVote-TS voting machine - the door that protects the memory card that stores the votes and is the main barrier to the injection of a virus - can be opened with a standard key that is widely available on the internet," Ed Felten, professor of computer science and public affairs at Princeton University, said today on his "Freedom to Tinker" blog.

Felten said he became aware of the problem when, after performing a demonstration concerning the security flaws of Diebold machines, Princeton staff member Chris Tengi noticed the key that came with the voting machine was the same one he had at home.

"This seemed like a freakish coincidence - until we learned how common these keys are," Felten said. "Chris' key was left over from a previous job, maybe 15 years ago. He said the key opened either a file cabinet or the access panel on an old VAX computer. A little research revealed that the exact same key is used widely in office furniture, electronic equipment, jukeboxes and hotel mini-bars. It's a standard part, and like most standard parts, it's easily purchased on the internet."

Avi Rubin, Johns-Hopkins University Professor and computer scientist, points out in his blog this morning:

"This example serves to illustrate to even non-technical people the public relations tactics of the vendor and its supporters. Was it really too difficult for them to design a more secure key? Who do they think they are fooling when they say that someone would have to pick the lock to access the memory cards?"

So we now have a key that can be obtained from nearly anywhere and a "secret" password [1111] that everyone knows, and Diebold's David Bear says if proper access controls are maintained at the polling place there should be no problems. Perhaps Bear is talking about someone looking over the voter's shoulder to ensure they don't spend two minutes hacking into the machine?

All of this comes on the heels of the report from Princeton University, thanks to The BRAD BLOG, that was first reported here.

As well, it comes on the heels of the challenge to the Busby/Bilbray special U.S. House election in June in San Diego when these Diebold voting machines were sent home overnight --- in violation of both state and federal law --- for "sleepovers" with poll workers for days and weeks prior to the election. Here's a video that we missed at the time: Poll workers, on May 30th, taking home their pre-programmed, election-ready Diebold voting machines to store in their houses and cars 7 days prior to the June 6th election!

Any of them could easily have opened the "secure" systems with a mini-bar key, or, as the Princeton folks demonstrated on FOX "News" last week, they could have picked the lock themselves in 10 seconds. Of course, as we now know, it would have taken them less than a minute thereafter to insert a vote-flipping virus on the machines which could then affect every other machine used in the race.

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(Please TAKE ACTION To Spread the Shocking Virus Video Virally!)
By STOP George on 9/17/2006 1:00pm PT  

Guest Blogged by STOP George, and cross-posted here at DailyKos.

In case you haven't visited YouTube, DKos, The BRAD BLOG or other blog sites recently, you may read this excellent diary summarizing the Princeton University report, where they were able to reverse the voting results of a Diebold machine without leaving a trace. I took the initiative to post this incredible video onto YouTube and, as you can imagine, it really took off --- it has now been viewed by at least 38,000+ people.

I was discouraged (but not surprised) to learn later that this powerful demonstration by an Ivy League University, showing a direct threat to American democracy, hardly got one sentence of exposure on corporate network news and the corporate printed media. These machines only represent 10% of the electorate, afterall. (NOTE: I've been informed that CNN covered this issue well on Friday --- my initial search was limited to the internet prior to the creation of this diary)

Imagine my shock to find out today that none other than FOX News had Professor Ed Felten & his team actually demonstrating their study to their right-wing audience!!!

The video of the virus hack demo, as performed LIVE on FOX News is available in full below...

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

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DOBBS: 'The Integrity Of Midterm Elections Cannot Be Guaranteed'
By John Gideon on 9/16/2006 5:35pm PT  

Guest Blogged by John Gideon

On Friday's (Sept. 15) show Lou and Kitty reported on the new Princeton University study and the lawsuit in Colorado to stop the use of e-voting machines. The BRAD BLOG reported on their inside access to the Princeton study earlier this week.

The director of the Princeton study, Ed Felten, was also interviewed live on CNN's American Morning where he demonstrated the hack. FOX News also had him as well, and we'll have that video in full shortly.

UPDATES: The Fox "News" video is now available here. Lou Dobb's version of the virus hack is here:


A text-transcript of a shorter version of the report from Lou Dobbs Tonight follows in full...

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

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University of Iowa Professor, E-Voting Expert Calls on Company to Publicly Release Information to Back Up Response
Charges 'No Third Party Security Analyses' Have Ever 'Found Their System to be Secure'
By Brad Friedman on 9/15/2006 3:19pm PT  

Noted University of Iowa computer scientist and e-voting expert, Douglas W. Jones, posted a reponse via email this morning to Diebold's official reply to Princeton University's recent report, detailing the ease with which Diebold's AccuVote touch-screen voting machine may have a virus inserted into its system.

Such malicious code, the first-of-its-kind report details, could flip votes, steal an election and replicate itself from one voting machine to the next. The dirty deed could be done by a single individual with about a minute's worth of unsupervised access to a single machine or memory card, and could be designed to be undetectable to either voters or elections officials.

The mainstream media appears to have finally found this issue fit to report, after all our years of covering it here. There has been a good deal of MSM coverage over the last two days, since The BRAD BLOG broke the full story, both here and in shorter form over at Salon; some of it has --- no surprise --- been better than others. We'll have more on that hopefully later this evening.

In the meantime, Diebold released their predictably misleading and disingenuous response late Wednesday evening. To which Jones replied via email this morning. This is his response...

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

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Man Appointed by SoS to Certify Voting Machines for State Has No Computer Science College Education, Failed to Test Machines for Hackability or Much Else
Colorado Democratic Party Calls on Voters to Vote by Absentee Ballot, Citizens Group Calls for Investigation of SoS
By Brad Friedman on 9/15/2006 2:06pm PT  

It's incredible (or is it at this point?) but the lawsuit filed by several Colorado voters to ban touch-screen voting machines manufactured by Diebold, ES&S, Hart InterCivic and Sequoia in the state has revealed that the state's appointed "expert" --- responsible for certifying voting systems --- has no actual college training in computer science and failed to do any actual testing of the systems before certifying them!

As reported in an excellent article from Rocky Mountain News news this morning...

[Democratic candidate for Sec. of State, Sen. Ken] Gordon and the Democratic Party were alarmed by a deposition in the case released this week, in which the secretary of state's staffer in charge of testing the machines says he did only 15 minutes of security checks. The staffer, John Gardner Jr., also said he had no college training in computer science, causing Gordon and others to question whether he was qualified for the job. Gardner also had been information technology chief for the El Paso County clerk, which runs elections there.

The plaintiff's attorneys say Gardner's security checks on the four systems did not include attempts at hacking. Instead, Gardner merely checked whether the manufacturers included security documentation.

"Of course" Gardner should have tried hacking, [plaintiff attorney Paul] Hultin said. "Isn't that the idea of a test?"

The issue was also covered quickly in a Denver Post article last night:

...the Secretary of State's office certified a kind of voting machine for Jefferson and Mesa Counties that does not meet state requirements.

The information comes from the deposition of John Gardner - the man appointed by [Colorado Sec. of State] Gigi Dennis as an expert and charged with certifying the machines.

But Gardner testified he is not an expert in the areas required by state law. He also admitted that the Secretary of State's office was under pressure to certify the voting machines because counties had already purchased them.

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

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By Brad Friedman on 9/14/2006 6:53pm PT  

John Gideon covered the mess for us as things unfolded last Tuesday. Johns Hopkins computer science professor Avi Rubin was, once again, a poll worker on Election Day during last Tuesday's primary in the state. As BRAD BLOG readers know, Maryland was/is one of Diebold's original "showcase states" along with Georgia.

Rubin's post, detailing his experiences at his one polling place alone last Tuesday, gives a crystal clear picture of what a fucking mess we've got on our hands. A. Fucking. Mess.

Train wreck ahead. Big time. Please don't say you weren't warned.

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New, First-of-Its Kind, University Study Reveals Malicious Code Can Be Easily Inserted into Voting Machine, Spread from One System to the Next, Resulting in Flipped Votes, and Stolen Elections…All Without a Trace Being Left Behind
Study Also Confirms that Voter Access Cards Can Be Created At Home to Defeat Security Protocols, Allowing Voters to Vote Multiple Times in a Single Election!
By Brad Friedman on 9/13/2006 4:43pm PT  

-- Brad Friedman, EXCLUSIVE
-- (Salon.com has posted a shortened version of the following report right here:
"Hack the vote? No problem")

A vote for George Washington could easily be converted to a vote for Benedict Arnold on an electronic voting machine and neither the voter, nor the election officials administering the election would ever know what happened. It wouldn't require a "conspiracy theory" or a "conspiracy" at all. It could be done by a single person with just a few moments of access to the voting systems.

Those new findings are detailed, and illustrated on video-tape, in a new first-of-its-kind study released today by computer scientists and security experts at Princeton University's Center for Information Technology Policy.

(The version of the video demo at the Princeton website is being hit hard, and thus, slow to download and view currently. We've got a quick flash version available here for your convenience, courtesy of David Edwards.)

The scientific study has revealed, for the first time, that a computer virus can be easily implanted on an electronic voting machine which could, in turn, result in votes flipped for opposing candidates. The virus, as well, could be written to then spread itself from one machine to the next resulting in a stolen election. The malfeasance would likely never be discovered, the scientists have said.

Though the concept of stolen votes via electronic voting systems has been widely regarded as theoretically possible by experts up until now, a top-secret four-month long hands-on study of an actual touch-screen voting system, by the scientists at Princeton, has confirmed the worst nightmares of elections officials and American voters…not to mention a voting machine company known as Diebold.

The BRAD BLOG has had exclusive access to the scientists and information being tested as the team's various hack attempts have been designed and carried out over the course of the study.

Working directly with a Diebold AccuVote TS touch-screen voting system, the computer scientists have been able to implant a nearly-undetectable virus onto a touch-screen voting system, managing to successfully alter a voter's ballot --- after it's already been confirmed and cast --- in order to flip the vote so that it is recorded for a candidate other than the one the voter had intended.

According to the study's team leader, Edward W. Felten, a professor at Princeton's Department of Computer Science, the report confirms – and records in a video-taped demonstration – that such a malicious virus could be easily inserted onto a Diebold touch-screen voting system by a single individual "with just one or two minutes of unsupervised access to either the voting machine or the memory card" used with the system to store ballot definitions and vote tabulations.

The virus, as programmed by the Princeton team, could then spread from one voting system to the next depending on the way the machine in use is configured, or the way in which votes are tabulated in any particular jurisdication.

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

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By Brad Friedman on 9/13/2006 11:37am PT  

(NOTE: This story was set to break on Sunday, with a release of the study on Monday morning. I had written an exclusive story for The Nation to be released Sunday night along with exclusive coverage that was being scheduled with ABC World News Tonight. The scientists of the study, unfortunately, jumped the gun in releasing it this morning without warning me. Currently scrambling to get a version of my previously prepared report up on Salon.com to be followed by a more complete report here at BRAD BLOG shortly.)

UPDATE:
-- My full exclusive report is now posted here.
-- Salon is now running a shortened version of that full report. (Requires subscription, or viewing of a short ad.)

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Polls across the state opened late due to missing equipment or missing poll workers
The state hired voting machine technical 'rovers' from Monster.Com ad...Some had only one train of training...on Monday!
By John Gideon on 9/12/2006 9:06am PT  

Blogged by John Gideon

This morning voters in much of Maryland awoke with plans to go to the polls early and then head off to a normal day. Unfortunately when they got to their polling places they only found locked doors.

As reported by the Baltimore Sun many poll workers did not show up for work this morning and when they did they many had no idea how to operate new voting technology called "e-poll books" which are a necessary part of the voting process in Maryland and many other Diebold states. The workers were not trained to use that technology because Diebold did not provide the technology to the state until it was too late to properly train the pollworkers.

According to the Sun...

Tardy election judges in Baltimore caused delays at dozens of polling places this morning, prompting some candidates to call for extended hours at affected polls in the city and Baltimore, Anne Arundel and Montgomery counties.
...
Armstead B.C. Jones Sr., president of the Baltimore Board of Elections, said that in addition to late arrivals, poll workers are unfamiliar with several pieces of new voting equipment debuting today, which is causing additional delays.

"Poll workers go through a class that's three hours long, but some of the technology wasn't available to us in time for everyone to be trained on it," Jones said, referring to the new electronic check-in system, called e-poll books. "This is not unusual for an election morning when you're dealing with brand new equipment."

Not unusual? What an unbelievable statement to make when talking about elections. It's his job as the president of the Board of Elections to ensure that every poll worker is trained and that no equipment is new to them. What should be unusual is that Mr. Jones keep his job.

And this is not the whole story. Added to a lack of trained poll workers to open the polls and operate the equipment we also learn that when the supplies were sent out to the polls in Montgomery County someone forgot to include the smart cards. These are the cards that have the ballot definition and the machines will not work without them.

The Sun says:

In Montgomery County, electronic voting at most polling locations did not start until after 8 a.m. because local election organizers forgot to include a critical start-up card for the machines in precinct supply kits, said Margaret A. Jurgensen, the county's election director.

The Washington Post is reporting that voters in Montgomery County are being given provisional ballots by poll workers until the smart cards are received. Unfortunately many polling sites ran out of provisional ballots which kept voters from voting until workers could scramble to get copies made. Even more unfortunate is the fact that these provisional ballots require inspection before they can be counted. The county should have required 'emergency ballots' to be used. These ballots would just be handled as if they were received in the mail as absentee ballots.

As this is being written candidates and political parties are beginning to ask that the polls be kept open longer this evening to make up for the late start this morning. We are also getting reports that local radio and TV station switchboards are being filled with complaints from voters who have had problems this morning. The Baltimore Sun has three people taking handling a constant flood of calls from voters with complaints.

Added to all of this is information that Diebold and the state are using technicians ("rovers") who were just hired from a technical services company, PDS Technical Services, that advertised for help on Monster.com and the only technical qualification for these people who were to provide technical oversight is that they have "some high school course work".

This post will be updated throughout the day as more information comes out.

UPDATE More information from the "Train Wreck":
Poll workers arrived at work this morning to face new "E Poll Books" which they had never seen before and on which they had gotten only a minimum of training. This technology ties in with the state's new voter registration data base. Due to these two issues some voters are arriving for the first time at the polls only to be told that they had 'already voted'.

Also being reported are "Candidate selections missing from review screens, machine crashes requiring multiple re-boots, lots of precincts running out of the paper ballot back-ups, and battery problems.

UPDATED LATE THIS AFTERNOON Fox News reports that a judge has found that polls can stay open for an extra hour this evening. This will now keep the polls open until 9PM tonight. However, the county says that only paper ballots can be used during that time.

This leads to a concern about the handling of the paper ballots that many, many voters have been forced to use. Historically provisional ballots have not always been counted and handling of those ballots takes a bit more work in that each voter who cast a provisional ballot must be checked to ensure they are truly eligible to vote. Now officials are concerned that these thousands of ballots cast today due to failures in the election administration process and with technology will be handled differently than normal ballots and may not be counted at all.

According to Fox:

Mike Morrill, a spokesman for attorney general candidate Douglas Gansler, said the results could be skewed if provisional votes aren't counted until later, given the possibility that a large number of people were forced by the glitches to use the ballots.

"To treat them as if they were provisional, as if they may or may not count, continues the disenfranchisement of Montgomery County voters," he said.

Morrill said Gansler's legal advisers were reviewing the decision.

It will be a surprise if there are not more than one lawsuits after this debacle is done.

Also an issue is that when polling places ran out of ballots they made copies of the ballots. However, because the ballot was bigger than a normal sheet of copy paper the printed ballots were pages long. Are these new ballots legal and will they be counted? Only time will tell.

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Election Nullification Rejected! As Plaintiffs Seek to Prevent National Use of the 'Constitution as a Weapon'!
Jurisdictional Issue, Previously Used to Dismiss Case, to be Challenged on Appeal!
By Emily Levy on 9/8/2006 10:50am PT  

Guest blogged by Emily Levy

The BRAD BLOG has learned that the plaintiffs in the Busby/Bilbray CA-50 election contest will be appealing the recent dismissal of the case by a San Diego judge. The appeal will be filed in California's 4th District court. Briefs are now being prepared and funds being collected for what may be a rather expensive appeal. Notice of appeal may be filed as soon as today.

Donations to the appeal can be made via Velvet Revolution.

The appeal is a rejection of Judge Yuri Hofmann’s August 29 ruling which echoed GOP claims that the U.S. House of Representatives, not the state courts or voters, have the power to determine the outcome of elections of members of Congress. In California’s 50th Congressional district in San Diego County, Republican candidate Brian Bilbray was announced to be the winner of the June 6 special election, flown to Washington and sworn in before all the votes were counted or the election certified. That, after reports were initially broken, and well circulated by The BRAD BLOG revealing that the Diebold voting machines used in the elelection were sent home with poll workers for overnight "sleepovers" in the days and weeks preceding the "bellwether" U.S. House special election.

Those sleepovers, in which election works had unsupervised access to the highly hackable, programmed, election-ready voting systems, were in contravention of both state and federal laws and led to a filing of an election contest in early July.

Says attorney Paul Lehto, who argued the plaintiffs' case in Hofmann’s court...

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

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Miriam Raftery has the skinny
By Winter Patriot on 9/6/2006 12:46pm PT  

Guest blogged by Winter Patriot

Miriam Raftery:
Court rules against voter-supervised elections, attorney tells RawCourt rules against voter-supervised elections, attorney tells Raw

Run right over there and read it!

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Spend $12 and do 4 minutes' work, and you too can insert the card of your choice in Diebold machine --- and NOBODY WILL EVER NOTICE!!
Instructions and photos available online now!
By Winter Patriot on 9/4/2006 5:27pm PT  

Guest blogged by Winter Patriot

A couple of 54-year old women from Black Box Voting bought $12 worth of tools and in four minutes penetrated the memory card seals, removed, replaced the memory card, and sealed it all up again without leaving a trace.

If they can do it, you can do it too. We have all the details below...

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

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Strong Statement, in Wake of Lawsuit Tossed on 'Jurisdictional Grounds', a First Since Illegally Adminstered June 6th U.S. House Special Election!
'North County Times' Provides Decent Coverage of Debacle...
By Brad Friedman on 8/30/2006 7:30am PT  

Blogged by Brad from the road...

"It's outrageous," says Francine Busby, "that this judge just said the state of California doesn't have jurisdiction over our own elections, over this election."

Busby's remarks, in a report today by William Finn Bennett in the North County Times, were a suprising departure from her previously guarded stance concerning the challenge of the June 6th U.S. House Special Election between herself and Brian Bilbray.

"What happened today should be of concern to all voters," Busby reportedly said.

Bennett's coverage of yesterday's debacle in the San Diego County courtroom where Judge Yuri Hoffman dismissed the election contest in support of the defendants' arguments that the U.S. House, not the voters or courts of California, have jurisdication to adjudicate election challenges after the House has already seated a member, is quite good. Indeed, it was a refreshing departure from previous sloppy, sometimes wholly inaccurate and occassionally entirely partisan North County Times reports and commentary on the case (see this embarrasing commentary from Jim Trageser for the most egregious.)

Bennett's report today, on the other hand, quite fairly describes the court's atrocious decision which we reported on in detail yesterday. Here's a sample from his coverage...

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

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But in the meantime, we have a transcript of Friday's oral arguments --- just for you!
By Winter Patriot on 8/29/2006 11:05am PT  

Guest blogged by Winter Patriot

Judge Yuri Hofmann of the California Superior Court is expected to rule this afternoon on the arguments presented Friday.

The plaintiffs in the CA50 Election Contest are asking for a manual count of ballots from the June 6th House special election, which was held to replace former Republican Congressman Randy "Duke" Cunningham, who resigned after being unable to contain the fallout from a major bribery scandal.

The defendants are arguing that California no longer has any jurisdiction over the election since the Republican U.S. House went ahead and swore in Brian Bilbray just 7 days after the election, with thousands of votes still uncounted, and certification still several weeks away...

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Did Congress Ask California for Permission to Nullify a California Election???
Are You Dizzy Yet?...There's More! Effort to Recall Dennis Hastert Begins!
By Emily Levy on 8/28/2006 7:57pm PT  

Guest blogged by Emily Levy

You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Collins points us to the Congressional Digest...

Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California.

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