Blogged by Brad Friedman from Houston...

Following up on yesterday's report on the latest machinations surrounding the release of CA Secretary of State Debra Bowen's unprecedented "Top-to-Bottom Review" --- including independent hack testing and source code analysis --- of electronic voting systems. The BRAD BLOG has received a few more details on official release dates and timing, including a public hearing in Sacramento next Monday, from the SOS's office [emphasis ours]:

We're in Texas, but hoping those within driving, walking, running distance from Sacramento will show up to the Capitol to give their thoughts on the findings on Monday, as we expect the voting machine vendors to be there in droves, and they may need a reminder that they do not own these elections. The citizens do.

We're also still waiting to hear back from Steve Weir, the Registrar-Clerk of Contra Costa County and President of the California Assoc. of Clerks and Election Officers (CACEO), for details on his published comments indicating that CA registrars may choose to ignore Bowen's findings. The CACEO has blasted Bowen's review of voting systems previously.

Not sure what Weir's legal theory is for such an action, which seems to fly in the face of both the law and the will of the people --- Bowen was elected precisely on her promises to take the actions she's currently taking after both her predecessor in CA and federal agencies had failed completely to properly test these voting systems before certifying them --- but we'll let you know what we learn. We've invited Weir to appear on the Peter B. Collins Show, which we continue to Guest Host through the end of this week. We'd love to hear from him, of course. Stay tuned...

UPDATE 7/27/07 2:40pm PT: Still waiting for the release of the reports, which I'm told by the SOS will be "any moment". When it's released, it should be right here.

Blogged by Brad Friedman from Houston...

The results of California Secretary of State Debra Bowen's landmark "top-to-bottom" review of electronic voting systems in California are due on August 3rd. (UPDATE: The SoS's Office informs us the report will be released this Friday. Details now posted here.) It'll be the first such official analysis, performed by several teams of testers, in which these voting systems have actually been tested for vulnerabilities and failures by "red team" hack/penetration testers, as well as having the system source codes fully and independently tested.

An article by Steve Harmon published in several CA newspaper this week offers a preview of the battle which may be ahead, including one exceedingly disturbing suggestion that California Election Clerks may be preparing to "ignore Bowen's findings and continue to use their systems" no matter what she may find, and whether or not she decertifies the systems for use.

Yours truly is quoted early in the piece, suggesting that "voting machine companies are quaking in their boots," as Bowen is doing precisely what she was elected to do and is fulfilling her campaign promises through the unprecedented series of tests.

John Gordon of Public Radio's Future Tense program followed up that printed report with his own four-minute audio report in which I'm also interviewed:

Of note in both reports, the voting machine company spokesholes are on the defensive, as expected. But the real battle after Bowen releases her findings may lie with the California Association of Clerks and Election Officers (CACEO), currently led by President Steve Weir, who makes some startling statements in the report...

Doing twelve things at once today, so no time for analysis at this point. I'll just run CA Sec. of State Debra Bowen's just released statement on her promised, unprecedented, first-of-its-kind in the nation, "top to bottom review" of all of California's electronic voting systems.

The review will include "red team" hack testing for the first time ever. Done as standard operating procedure for similar security-sensitive, mission-critical commercial systems, this sort of penetration testing has never been performed on America's voting systems. Until now.

The one page summary [PDF] of the plan states:

• [University of California] will provide specialists from its campuses, as well as experts from public and private universities and private sector companies throughout the United States to create three teams of experts to conduct the reviews.
• Each system will undergo a thorough document and source code review, red team penetration testing, and a review to determine whether it’s accessible to all voters.
• The review teams will provide an independent technical evaluation of the voting systems that the Secretary of State will use to carry out her statutory duty with respect to voting systems in determining whether the systems comply with current state and federal law.

There are links within her statement below where you can find more details. For example, the State's review teams will include folks such as computer security expert "hacking" Harri Hursti, and blind technology expert Noel Runyan, who has been highly critical of unverifiable touch-screen DRE voting systems.

More on all of this, perhaps, later after I've had time to review the materials myself. But for now, see the statement below for some killer quotes from Bowen...

It may not be a very good day in the corporate offices at Diebold, but The BRAD BLOG has learned some big news that may well indicate today is a very good day indeed for the voters of America and specifically in California.

As incoming Sec. of State Debra Bowen was sworn in to her new office just moments ago, The BRAD BLOG can now reveal that one of the nation's top critics of unverifiable electronic voting systems --- and a key player across several states in the legal battles against voting machine companies such as Diebold, ES&S, Sequoia Voting Systems, and Hart Intercivic --- is today being named by the new California Sec. of State Debra Bowen as Deputy SoS for Voting Systems Technology and Policy.

Lowell Finley, the lead attorney for the non-partisan voting machine legal watchdog organization VoterAction.org, will be named to the position today.

In his new capacity, Finley will oversee testing and certification for all voting machine technology in the State of California. In a phone call this morning, Finley confirmed that he would be working closely in his new role with key national associations like the National Institute for Science and Technology (NIST) and the U.S. Elections Assistance Commission (EAC).

E-voting critics and at least one California Registrar of Voters have hailed both the swearing in of Bowen as SoS and her appointment of Finley, expressing delight to The BRAD BLOG over the news, characterizing it as a "colossal surprise" and a "very, very good sign for the future of voters' rights in California."

America's voting machine companies are less likely to feel quite as happy about the news.

Finley and VoterAction have filed a number of landmark lawsuits in several states, including in California, over the past year or so, demanding an immediate halt to the use and purchase of Direct Recording Electronic (DRE/touch-screen) voting systems and decertification of many of those systems, as well as improved processes for certification of such systems.

VoterAction is one of over 30 Election Reform organizations who recently went on record with an open letter to Members of Congress demanding federal legislation requiring a paper ballot for every vote cast in America. Such legislation would effectively ban the use of DRE systems, with or without a so-callled "Voter Verified Paper Trail" (VVPAT).

Bowen has been a dogged critic of former Secretary of State Bruce McPherson during her candidacy and in her role overseeing the Elections Committee as a California State Senator. She has criticized his lack of oversight and lax testing procedures, and has championed a "Voters' Bill of Rights" for the Golden State.

While a suit by VoterAction.org filed against former SoS McPherson and several CA Registrars of Voting --- concerning McPherson's certification of Diebold TSx touch-screen systems --- is still pending in state court, the disposition of that suit will likely change due to the fact that the lead defendant, McPherson, is no longer in office.

The Berkeley-based attorney Finley --- also one of the attorneys representing voter plaintiffs in the contested election in Florida's 13th Congressional district in Sarasota --- had one of his most recent and notable successes last September, when a Colorado judge ordered a complete review of certification procedures for voting machines in the state. The court found the official placed in charge of testing and certification didn't have the qualifications necessary, and performed little or no testing. That man, John Gardner, was appointed by former CO Sec. of State Donetta Davidson, who has been appointed by George W. Bush to head the U.S. Elections Assistance Commission.

The news of Finley's appointment will undoubtedly be of concern to the major voting machine companies that received little oversight from the former Sec. of State McPherson.

"I wish I was a fly on the wall in the offices at Diebold as they learn of this appointment. I'm sure jaws will be dropping and damage control will be ramping up," John Gideon of election watchdog organization VotersUnite.org told us today. (Gideon is also a frequent Guest Blogger here at The BRAD BLOG.) ...

Tech Mag PCWorld named E-Voting #3 on their list of "The 21 Biggest Technology Mistakes of 2006"...

We've come a long way, baby.

And we also take year-end great pride in that folks look back on Princeton's Diebold Virus Hack as one of the seminal moments in this whole sordid affair. (The machine used in the research was a DRE/touch-screen system supplied to VelvetRevolution.us by a BRAD BLOG source and we then gave it to Princeton for their now-infamous study.)

First they ignore you.
Then they laugh at you.
Then they attack you.
Then you win.

I just got off the phone with Steve Young, the Democratic candidate in CA-48 (Orange County). He reports that his office is receiving calls from at least 8 precincts of voting machines down with no paper ballots available for voters. All, he says, in strongly Democratic areas of the otherwise conservative Orange County. I believe they use ES&S voting machines down there. Several Emailers have contacted us to let us know it's Hart Intercivic machines in use down there, not ES&S.

He says voters were either being turned away without being able to vote at all, or voting on Chinese and Vietnamese paper ballots --- since English ones are not available --- just so they are able to vote!

By the time we were done with the call, a staffer came in with a report from machines down in a Republican area, but said the machines were fixed quickly, whereas one of the reports you'll see below (transcribed during our quick phone conversation) shows poll workers repeatedly trying to get help from the Registrar to no avail.

Please note, a memo from the CA Sec. of State last month had said all voters who wished to vote on paper in California may do so, but he left it up to them how many would be "an adequate supply." He also said they should be counted as "normal ballots" and not as provisional ballots which are usually counted days later, if ever. None of those orders seems to be being enforced anywhere in CA, as far as I can tell.

Blogged By John Gideon, 28 October 2006

Still over a week from election day and already the problems are piling up. Meanwhile the vendors and their shills are making excuses and attempting to sell the voting public a line of garbage. Among the shills is a federal agency, the Election Assistance Commission, that is supposed to assist the voter and, instead, has sent their chairman out on the road to defend the vendors.

In a blog posted yesterday, Brad said it well:

In a rebuttal to DeGregorios' opinion piece in the Tallahassee Democrat Avi Rubin, Johns-Hopkins Professor, computer scientist and author of "Brave New Ballot" had this to say in his blog:

In The Mean Time Across The Nation...

Guest Blogged by John Gideon

As reported by The BRAD BLOG on Tuesday, Hart Intercivic machines being used in Virginia are cutting off the names of candidates when they appear on the review screen. Thus James H. "Jim" Webb shows as James H. "Jim" on the screen.

Well, when a problem is found in one place it is going to be found elsewhere too. Now counties in Texas are reporting the same problem according to the Austin American-Statesman.

The Help America Vote Act of 2002 mandates that a voting machine must provide the voter with an ability to review their vote before they finalize the process. These machines may be in violation of that law but that can be left to the attorneys. It might be nice if those attorneys showed up now, instead of after the election when it'll be too late.

What with all the talk of the disaster that is Diebold, Inc., other Voting Machine Companies such as ES&S and Sequoia have gotten a far too easy ride over the past several months. The easiest ride of all, however --- of the big four democracy-hating American Voting Machine Companies --- has gone to Hart InterCivic, which deserves no such benefit of the doubt.

So to be clear: Hart InterCivic voting systems suck just as much as the others.

Washington Post today has details on how their machines are sucking in the hotly contested U.S. Senate race in Virginia between George Allen and "James H. 'Jim'"

The "good news" reported in the article: "Hart InterCivic officials yesterday said they hoped to correct the problem by next fall."

I just received a phone call from Holly Jacobson of VoterAction.org, the group that has supported voter lawsuits attempting to decertify e-voting machines in Colorado, California, Arizona, Pennsylvania and elsewhere.

She called us from Colorado just after leaving the courtroom, where the case in that state against the use and purchase of e-voting systems made by Diebold, ES&S, Sequoia and Hart InterCivic was being heard yesterday. She called and said: "We won!"

That call came moments after I'd received a report that CNN's Lou Dobbs had reported an hour or so ago that they had lost the case...

Guest Blogged by John Gideon

While we don't shy away from talking about the corrupt, the wrong thinking, the un-caring elections officials in our country we don't often get a chance to recognize those who actually do a good job and show that they really do care. I would guess that 90% of the elections officials fall into the category of the caring but it is that 10% who get talked about. I want to change that a bit and talk about one who has made a good decision.

Warren Slocum is the Chief Elections Director of San Mateo County, California. The county has recently decided that they will use Hart Intercivic eSlate Direct Recording Electronic (DRE) voting machines at the polls from now on. That's not a good decision because the eSlates are just as bad as the rest, but it was a decision made and we have to move on.

It has just been reported in the San Mateo Daily Journal that Slocum has decided that there is not enough time for him to be assured that his voters and poll workers can become acclimated to the new voting machines by the general election in November. The polls were supposed to have three to six of the eSlates but now voters will find only one eSlate and paper ballots. Slocum is giving up quick results reporting for integrity and we applaud that.

If only Cuyahoga County, Ohio elections officials had decided on integrity instead of rushing out voting machines that were unfamiliar. If only Maryland elections officials had decided on integrity instead of rushing out an unproven and ripe for failure e-poll book device. And the same "If only..." can be echoed all over the country this primary season.

Thank you Warren Slocum for having integrity and for putting your voters and poll workers first.

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...

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

Guest blogged by Winter Patriot

Further to yesterday's post about Open Voting Consortium and Raging Grannies working together to resist Hart InterCivic machines on behalf of the voters of San Mateo County, we have bad news and good news.

The bad news is that their effort to postpone an immediate decision in favor of Hart InterCivic has failed. The good news is that the Grannies will keep on Raging. We have a note from the Grannies and a press release describing the meeting.

The press release follows.

Guest blogged by Winter Patriot

At first glance they might seem like odd partners, but take another look: Open Voting Consortium and Raging Grannies are working together in San Mateo County to resist the Chief Elections Officer's plan to introduce EVMs from Hart Intercivic Voting Systems.

They had a meeting Monday night and it appeared to go well. Here's a brief account from one of our friends on the scene:

Good! The more prepared the better, I'd say.

There's a press release describing Tuesday's planned demonstration, after the fold.

The map at left shows recent ballot programming flaws across the country. (Click it for details). It is by no means indicative of all flaws. Just the ones we know about. So far.

These are just some of the places where there may be failures in Nov. 2006. How can companies that can't program a couple state's machines for a primary election do 20 to 40 states all at the same time?

Trainwreck ahead. Don't say we didn't warn you.