"More than 100 voting machines in Kenton County have been shut down on a judge's order" after they failed to properly register straight-party votes in Kentucky.

The failed machines are Hart InterCivic eSlate DREs (Direct Recording Electronic devices, usually touch-screen, though Hart's machines use a wheel and a button instead of a touch-screen). These are the same machines which Hart spokesman Peter Lichtenheld had previously argued could not lose or flip votes after they were similarly reported to have not been recording straight-ticket ballots correctly in Houston last week. Details from WLWT, a local KY NBC affiliate, follow...

3 days until Election Day.

Just a comment to those who want to dismiss ‘vote-flipping’ as voter error. All kinds of people go to the polls to vote. They are highly educated and high-school dropouts. Rich and poor. They have long fingernails and nails bitten to the quick. They have thin fingers and wide fingers. They are going to softly touch the screen or touch it hard. Vendors and election officials tend to blame vote-flipping on the voters. They touched the screen too hard; drug their finger; had long fingernails; or their fingers touched too large an area. So, is it the voters fault? NO! It is the vendors who designed, built and sold these machines that don’t work for all voters and it is the election officials who bought those machines.

A large majority of the ‘vote-flipping’ has been on older ES&S iVotronic DREs; those machines that were featured on last year’s Dan Rather Reports. The cheaply built, poorly tested touch screens that were used as components on those systems should have been scrapped long ago. It’s not the voters fault and this constant pointing of fingers is wrong. The vendors need to remember that when they point a finger at the voters they have three fingers pointing back at the real culprit, themselves; and it makes no difference what those fingers look like, they are the fingers of blame....

We've been reporting for the last week or so on the ES&S iVotronic touch-screen voting machines which are flipping votes from Democratic candidates to others in, so far, at least four states. We've showed you actual footage of it and how even after being "recalibrated" these machines still continue to flip votes.

(See our special coverage page here for links to our many recent stories on this issue, and advice on what to do if the problem happens to you.)

Unfortunately, it's not just the error-prone, hackable, wholly unverifiable iVotronics from ES&S which are failing. Error-prone, hackable, and wholly unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems made by Hart InterCivic, Diebold, and Sequoia Voting Systems are also having the same problems across the country. And the Democrats, who have the most to lose, continue to do nothing about it...

Last week we told you about The Simpsons' upcoming episode wherein Homer, attempting to vote for Barack Obama on a touch-screen voting machine, has a few problems in the process. Here's the very funny, were it not so very unfunny, clip from the upcoming show...

[NOTE: The above video is no longer embeddable. Watch it at YouTube.]

So The Simpsons now get it. Why don't Obama and the Dems? And why are they doing little or nothing to ensure that every voter in the nation is able to cast a vote on a hand-marked paper ballot this year?

Tell your favorite candidate(s) that you'll support them if they support you and your vote by pledging not to concede this year until all votes are counted, counted accurately, or challenged in a court of law. (See StandingForVoters.org more info, the pledge, and stuff you can hand to your favorite candidate to demand they stand up for you this time!)

Guest Blogged by Ellen Theisen of VotersUnite.org

[Ed Note: Ellen appeared on CNN's Lou Dobbs Tonight this evening to discuss this report. The video is now posted here.]

As we approach the 2008 general election, the structure of elections in the United States — once reliant on local representatives accountable to the public — has become almost wholly dependent on large corporations, which are not accountable to the public. Most local officials charged with running elections are now unable to administer elections without the equipment, services, and trade-secret software of a small number of corporations (primarily Election Systems and Software (ES&S), Hart InterCivic, Sequoia Voting Systems, and Premier Election Systems (formerly Diebold), though a few other corporations have a very small share of the market).

If the vendors withdrew their support for elections now, our election structure would collapse.

However, some states and localities are recognizing the threat that vendor dependency poses to elections. They are using ingenuity and determination to begin reversing the direction.

This week, VotersUnite.Org released a report [PDF] that examines the situation, how we got here, and steps we can take to limit corporate control of our elections in 2008 and reduce it even further in the future.

Case studies presented in our report give examples of the pervasive control voting system vendors now have over election administration in almost every state, and the consequences some jurisdictions are already experiencing. We discovered that such dependency has allowed vendors to...

For over two years Election Integrity attorneys have been urging the state of Ohio to file suit against Diebold/Premier, ES&S, and Hart for failure to meet their contractual obligations with the state. The Secretary of State ignored that urging. It was only after Diebold/Premier filed suit against the state that the state took action in a countersuit. Rather than being courageous plaintiffs in this case, the state is a defendant and Diebold/Premier chose the most favorable court to hear the case. If the state had done the right thing two years ago they very well may have had the funds to have gotten rid of all Diebold DREs in the state for this November. Instead counties are still at the mercy of Diebold and their flawed voting systems. And remember, it may be Diebold/Premier in this case but the other vendors play the same game in different ball parks. They are all complicit. For more on this issue see HERE....

Guest Blogged by Dan Wallach of Rice University...

Ed Note: We recently ran an article covering vote-rigging software whistleblower Clint Curtis' testimony last week during a hearing before the Texas Legislature's House Committee on Elections. Curtis detailed for legislators how easy it is to flip an election electronically, without detection. Here is another perspective from that same hearing…

Last week, I testified before the Texas House Committee on Elections (you can read my testimony). I’ve done this many times before, but I figured this time would be different. This time, I was armed with the research from the California “Top to Bottom” reports and the Ohio EVEREST reports. I was part of the Hart InterCivic source code team for California’s analysis. I knew the problems. I was prepared to discuss them at length.

Wow, was I disappointed. Here’s a quote from Peter Lichtenheld, speaking on behalf of Hart InterCivic:

You can find the whole hearing online (via RealAudio streaming), where you will hear the Diebold/Premier representative, as well as David Beirne, the director of their trade organization, saying essentially the same thing. Since this seems to be the voting system vendors’ party line, let’s spend some time analyzing it.

Reported by Brad Friedman, from the road...

The whistleblower lawsuit against voting machine company Hart InterCivic, as filed in federal court on behalf of former employee William Singer, has been withdrawn following a decision by the Supreme Court that makes pursuing the case nearly impossible, according to the law firm who originally filed the complaint.

The suit had been sealed for nearly two years as the Dept. of Justice asked for extension after extension during their decision on whether or not to join the case. Earlier this year, they ultimately decided not to join the case, as we reported last March, leaving the firm of Levin Papantonio Thomas Mitchell Echsner & Proctor, P.A to proceed on their own. The DoJ declines to join some 76% of such cases.

In the interim, while waiting for the DoJ, the case of Rockwell Intl Corp. v. U.S. [PDF] came before the U.S. Supreme Court, and the findings in that decision, as attorney Mike Papantonio told The BRAD BLOG, has "made it next to impossible to proceed with any and all federal whistleblower (qui tam) cases."

The decision found that Rockwell was required to pay millions of dollars under the federal False Claims Act to the federal government, but that the relator of the case --- the insider who blew the whistle --- was not entitled to any of that money, nor even for the millions of dollars accrued in legal costs since the amended complaint, filed with the Justice Dept., included information about which the relator did not have direct inside knowledge.

The SCOTUS finding, as expressed for the majority by Justice Antonin Scalia, may well hamstring future whistleblower cases in federal courts, according to legal experts.

"I used to think qui tam was the way to go," Papantonio told me as his firm was weighing their decision on how to proceed after the case was finally unsealed, "but now I just don't know anymore."

Papantonio's Florida law firm has used the qui tam laws successfully in the past, and has taken on giants such as the Tobacco Industry. After he and his radio partner Robert F. Kennedy Jr. had learned about Singer's case from The BRAD BLOG --- we originally reported Singer's extraordinary saga back in early 2006 --- they decided to launch the federal fraud suit on his behalf later that year.

(I was interviewed about the withdrawal of the federal case by Mike Papantonio for this weekend's Ring of Fire radio program, which he co-hosts with Robert F. Kennedy, Jr.. A video version of the interview is also posted on their GoLeft.TV site. Both versions are now posted in full at the end of this article.)

Though the attorneys working on the case have gone out of their way to express their faith in both Singer and his remarkable complaint --- detailing more than 40 federal fraud allegations, and accusing Hart of doctoring voting machines, covering up system failures, including the loss and miscounting of votes, and other malfeasance, in order to attain contracts and payment under the Help America Vote Act (HAVA) of 2002 --- the chance that millions of dollars spent pursuing the case might be unrecoverable at the end of the process, even if successful, in light of the Rockwell decision, forced them to withdraw the complaint from federal court...

Guest Blogged by Alan Breslauer

On Thursday, The BRAD BLOG interviewed Ron Shepston, who is running for Congress in California's 42nd District. The current holder of the seat is the ethically challenged Republican, Gary Miller (R-CA), who is regularly named as one of the Most Corrupt Members of Congress.

We first asked Shepston, an airplane engineer, about election integrity issues. Interestingly, despite running in the extremely "red" Orange County against the Republican Miller and expressing concern for election integrity issues in general, Shepston was not worried about the fairness of elections in his own district:

"I vote in my district and I do think we have fair elections there... I do worry about election integrity in general. I wonder what Republicans are afraid of when they don't want to have fair elections. I don't want to have to guess, I don't want to have to trust that my vote or that voters' votes count. I want verified ballots."

Unfortunately, as Orange County is one of two counties left in California where unverifiable DRE (usually touch-screen) voting machines have been allowed for use by all, Shepston seems somewhat out of step with the ability, or lack thereof, to verify even a single vote cast on such machines in his own district. Almost inexplicably, CA SoS Debra Bowen decertified use of almost all DRE systems in the state, other than one per polling place to meet federal accessibility voting standards, and DRE machines made by Hart InterCivic. Shepston's Orange County still uses those wholly unverifiable Hart voting machines.

Shepston, who says he considers himself part of the netroots movement, is a political newcomer who was encouraged to run for office by fellow bloggers at the Daily Kos website. Yet despite the fact that many of these bloggers are helping with Shepston's campaign, he directed some harsh words towards the Daily Kos:

"It's not the community that it used to be... And what's happened is that now that I've been there for so long I know the good writers and I go to just them. I don't branch out because it seems like every other diary that I get to it's just not worth it to me anymore. I don't learn anything... It's turned into a shouting match sometimes. It's not the same community that it was when I was there before."

Our complete interview (6:46), shot this week at a fund raising event here in Los Angeles with Ambassador Joe Wilson (more videos to come), follows below. You can find out more about Shepston at his Ron Shepston for United States Congress website...

-- by Brad Friedman

The CEO and President of one of America's largest voting machine companies, Sequoia Voting Systems, gave both deceptive, and carefully selective, answers in his reply to a letter sent earlier this year from two high-ranking officials in Chicago, according to documents recently obtained during an ongoing investigation by The BRAD BLOG.

Sequoia's chief executive, Jack Blaine, repeated knowingly false answers, at least three different times, in his January 18 response to Chicago Alderman Edward M. Burke and the Chair of Chicago's Board of Election Commissioners Langdon D. Neal. The pair had written to the company on January 11, expressing concerns about the truth behind Sequoia's claims that they had completely divested from their purportedly "former" parent company, Smartmatic, the Venezuelan-run firm with direct ties to Hugo Chavez and his government.

Last year, as media reports revealed the true extent of Smartmatic's shadowy foreign ownership --- and with it, the direct control of some 20% of U.S. elections --- the firm came under close scrutiny by federal investigators from Treasury Department, the FBI and the IRS. In November of last year, Sequoia announced that it had "completely" divested from Smartmatic in a management team-led buyout, thus ending an official review by Treasury's Committee on Foreign Investment in the United States (CFIUS).

But in January, the officials from the Windy City --- where Sequoia holds one of the company's most lucrative contracts --- had continuing concerns about whether the sale was legitimate, or simply a dodge to avoid scrutiny by federal investigators. They were right to be concerned.

In their letter, Burke and Neale requested written responses from Sequoia after what was described as "evasive" and "troublesome" sworn testimony from Blaine the previous year, following "malfunctions of Sequoia voting machines during primary elections held on March 21, 2006."

In his testimony before a Chicago City Council joint committee in April of 2006, Blaine had claimed he didn't know the specific details of the financial arrangement that existed between Sequoia Voting Systems, Inc., and the Smartmatic Corporation, despite being president of both companies at the time. He did, however, manage to admit to the joint committee that at least 15 Venezuelan nationals were flown in to assist in the tabulation of votes in the troubled March '06 election and that the Venezuelans had access to Sequoia's source code. Blaine also conceded that it was "possible" that Chavez' government could hold an interest in the company, but that he wasn't certain because the ownership of Smartmatic was concealed in an off-shore trust.

In their series of follow-up questions to Blaine in January 2008, Alderman Burke noted that "the entire Smartmatic episode has served as a reminder of how important it is to know and trust who is counting the votes in our elections."

"It is therefore important," he continued, "to confirm that the sale of Sequoia by Smartmatic is not a sham transaction designed to fool regulators and to further confirm that Smartmatic and the government of Venezuela have no ability to influence or control the new owners of Sequoia."

Blaine's written responses to the officials, sent to Neale the following week, were dishonest, misleading, and even cleverly evasive on at least one crucially important point. His answers also contradict details recently exposed in a series of investigative exclusives by The BRAD BLOG, revealing several startling facts about the true ownership and control of Sequoia.

Moreover, after we broke the news in April, concerning the attempted hostile takeover of Sequoia by competitor Hart InterCivic, Blaine appeared to joke with employees during a confidential company-wide "town hall" teleconference about "the line" he used with yet another Chicago official, Cook County Clerk David Orr. "He accepted it completely," Blaine told employees, as he underscored the importance of keeping details of the attempted takeover confidential, and how he was being less than forthcoming about it with the company's customers...

From Friday's Austin Chronicle...

Singer's futile July 2004 efforts, attempting to notify the Secretaries of State in both Texas and Ohio, were originally reported in exclusive detail by The BRAD BLOG in March of 2006.

Following discussions we had with Robert F. Kennedy Jr. after our report, he and his radio co-host, Florida attorney Mike Papantonio, filed a federal qui tam whistleblower suit [PDF] on behalf of Singer.

The complaint charges fraud and other violations of the False Claims Act by Hart, including allegations the company failed to test its products properly, and frequently at all; withheld information from prospective clients about the potential loss of votes in its voting systems; dummied-up machines, reports, and test results presented to clients in sales presentations; and much more in an attempt to win state and county contracts and the federal money that came with them...

A small plane, carrying the co-founder of Venezuelan voting machine company Smartmatic, crashed earlier this week shortly after take-off from the Caracas airport, killing two employees of the company, and several others on board and on the ground. The initial reports from a foreign paper indicated that the cause of the crash may have been the unusual failure of both engines on the small plane.

Smartmatic has been named as a subject in several recent, exclusive, investigative reports here at The BRAD BLOG, surrounding questions of the Venezuelan firm's apparent continuing control over the American e-voting company, Sequoia Voting Systems.

Reports of Monday's crash also indicate that several highly-placed Venezuelan officials were, interestingly, among the first to respond after the plane crashed.

Here's the lede from yesterday's English-language coverage in the Miami Herald:

.

Smartmatic is the once-owner and --- as a very recent series of investigative reports from The BRAD BLOG has revealed (see, most notably: here, here and here) --- the still-controlling parent company to Oakland/Denver-based Sequoia Voting Systems, which is currently amidst a hostile takeover imbroglio with competitor Hart InterCivic of Austin, TX.

Despite claiming to have sold Sequoia to a management-led buyout team last November, and thus divested of all control of the company under pressure from an investigation by the U.S. Treasury Departments Commission of Foreign Investment in the United States (CFIUS), our recent exclusive investigative reports here have revealed that Smartmatic still holds direct and/or indirect control over several key aspects of Sequoia's operation, including ownership of the intellectual property (IP) rights for Sequoia's voting machines and tabulator software, and the right to negotiate where Sequoia may or may not compete in foreign markets...

Congrats to Bo Lipari and the NY Verified Voting crew, on a milestone in their long, and continuing fight for election integrity in the state of New York. Writes Lipari this morning:

Now, of course, the fight will continue to make sure the state actually bothers to count those paper ballots when they get them, as it will be error-prone, hackable, optical-scan devices that are purchased across the state.

The good folks of NY will also want to keep a close eye on the attempted hostile takeover of Sequoia Voting Systems by competitor Hart InterCivic (as reported to date only by The BRAD BLOG, unfortunately) and in light of the $100 million worth of pending contracts NY now has with Sequoia for all new voting machines.

That $100 million hangs in the balance, as the contract with Sequoia may soon result in NY finding themselves in business with an entirely different company than they bargained for, one with a federal fraud suit hanging over the head, and one that could give a completely new meaning to the phrase: "I Hart NY"!

On Sunday, April 13th, following our Thursday April 10th exclusive investigative report revealing that the nation's 4th largest voting machine vendor, Hart InterCivic, was on the verge of a successful hostile takeover of the nation's 3rd largest voting machine company, Sequoia Voting Systems, in order to become the nation's 2nd largest powerhouse in the "election industry," Sequoia quietly issued a press release on their website, publicly confirming our report.

The release is not linked from their main page, but we were able to trip across it this morning nonetheless. We post it in full at the end of this article since Sequoia's website has been frequently hacked at times of late, and the company also has a history of revising, scrubbing and doctoring officially published material on their website without noting those changes.

While officials at both Hart and Sequoia have now confirmed our report, Sequoia has yet to fully inform its voting system clients around the country --- or even its own employees --- as to what's actually going on, even while a "high-priority" company-wide email was distributed immediately after our report went public, attempting to instruct employees to field no "calls from the media"...

Wow...We're blown away by this article in today's Beacon News. [Article now hidden behind paid archives, here's a local repost.] It begins this way:

We're greatly appreciative of Campana's coverage. Not only because he's very kind to us, but because --- as a total of four of his stories filed over the last two days reveal --- he has actually done what so few corporate journalists seem able to do today: Actual journalism.

Before we saw the piece mentioned above today, we had kind words about his coverage yesterday of the wholly under-reported Hart InterCivic federal fraud suit. But beyond that detailed piece, his follow-up story today and "related coverage" offered on both days has been top-notch. Here are links to each of his stories today and yesterday...

Sunday:
• Did your vote count?:
  Unsealed federal lawsuit reignites eSlate debate
• Election reform proposal stalled

Monday:
• Silent fight over voting machines:
  Technician says lawsuit followed years of trying to get word out
• The little blog that did:
  For four years, Bradblog.com has reported on voting machine problems
  [Above article now behind paid archives. Local copy here.]

That, ladies and gentlemen, is what journalism is supposed to look like. And yes, if we had a few more hundred (we'd settle for a few more dozen) like Campana, we'd be more than thrilled to go back to what we were doing prior to falling into this remarkable American Nightmare. We look forward to the day we can take down our shingle entirely and leave all of the heavy lifting to folks like him who actually get paid to do this stuff.

(But until then, whatever support you can afford to help keep us going is appreciated...You are all we've actually got. So, please see below, and please keep spreading the word.)