UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow in an update following our original coverage...
A last-minute Election Eve compaint has been filed in a Los Angeles courtroom within the hour calling on LA County's registrar of voters, Conny B. McCormack to immediately remove Diebold elecronic voting machine tabulators, said to have illegal access to the Internet as well as uncertified tabulation software, from counting rooms at the county's main facility in Norwalk, The BRAD BLOG has learned.
The plaintiffs in the case are Cindy Asner and Cynthia Henderson, LA County Chair of the Peace and Freedom Party.
The emergency filing, being heard at this hour, is based on an affidavit filed today by Green Party election system inspector, John Wenger, a PhD and retired software engineer from Northrup Grumman who has been tracking LA County's use of electronic voting machines over the past month along with several other inspectors from both the Green and Democratic parties. The BRAD BLOG spoken at length with Wenger over the weekend, and has reviewed a draft version of his declaration being filed with the suit. (The final version of Wenger's declaration is now posted at the end of this article.)
Los Angeles county is the largest voting area in California. The state is holding its Primary Election tomorrow. Touch-screen Diebold voting machines --- now shown to be hackable and highly vulnerable to malicious tampering at both the point of the voting machine itself and its central tabulator software --- are used for early voting only in LA County. Though early voting in LA began several weeks ago and ended last Friday, tabulation of votes cast during that period will not begin until the polls close on Tuesday evening at 8pm PT.
The race is an important one to Election Integrity advocates since state senator Debra Bowen is running in a primary race in hopes of winning the Democratic nomination to take on Republican CA Sec. of State Bruce McPherson who has been a supporter of vulnerable electronic voting machines, including Diebold's, in the state. As well, the LA County Registrar of voters, Conny B. McCormack has been a long-time supporter of Diebold and their election equipment and has even been featured, via photograph and endorsement, on promotional brochures distributed by the controversial Ohio company. (See graphic below.)
This year's primary is also being closely watched due to a Democratic primary challenge by anti-war candidate Marcy Winograd against powerful pro-war Democratic U.S. House Representative Jane Harman in the state's 36th U.S. Congressional district.
Further, another troubling detail about Diebold's touch-screen systems in the county was revealed on Friday of last week when The BRAD BLOG received an email indicating that one voter at least --- Michael Shure, a political commentator on Sirius Sattelite's The Young Turks radio program --- who voted on the Diebold touch-screen machines was given the incorrect ballot.
Shure, who lives in CA's 36th congressional district noted that his touch-screen ballot gave him the option to vote for Rep. Henry Waxman, who is running unopposed in his U.S. Congressional primary, instead of the Winograd/Harman race which should have been on his ballot.
"Unbelievable," Shure wrote in his email. "Had I not known, as I am sure many voters don't, who my Rep. was, and what district I live in, I would have been voting for someone else."
Indeed, Shure's experience underscores further dangers of combined precincts using elecronic touch-screen voting machines as Los Angeles offers during the early voting period when voters may go to any early voting location and cast their ballot on machines which --- supposedly --- offer them the appropriate ballot for their particular district.
The experience has left the Winograd campaign wondering how many other voters may have missed out on the opportunity to vote in that contentious race and whether or not they may need to file a challenge to the election in order to find out.
UPDATE 6:56pm PT: Judge Denies Injunction! Suit Dismissed! Details follow below...