By John Gideon VotersUnite.Org

In a press release dated March 18 Sequoia Voting Systems attempted to quench the fire storm that resulted from failures of their voting machines in New Jersey and their subsequent threats of legal action against New Jersey counties and Princeton University scientists if they independently review the problematic voting machines. Unfortunately the press release is full of inaccuracies and obfuscation.

Here are the worst of them...

-- Brad Friedman

Sequoia Voting Systems' legal threats against Princeton computer science professors and New Jersey election officials, as we reported in exclusive detail last night, have apparently had their intended effect.

The strong-arm email sent to professors Ed Felten and Andrew Appel was apparently accompanied by a two-page letter to Union County, New Jersey, Clerk Joanne Rajoppi, who originally discovered a tally failure in Sequoia's AVC Advantage touch-screen voting machines after the February 5th Super Tuesday election. The same error was subsequently discovered in at least five other counties.

Mercer County Clerk Paula Sollami-Covello tells the New Jersey Times that Sequoia's decision to block an independent analysis of its touch-screen voting machines makes no sense if the firm is confident that they work properly.

"I think it's unfortunate that they're not letting an independent investigation take place," Sollami-Covello tells the paper this morning. "They should have no problem with having a third party investigate the product if they are confident in their product."

Another Mercer County, NJ, official sent a letter to the state Attorney General criticizing Sequoia's bizarre explanation for failures discovered in the systems following state's recent Primary Election, characterizing what he describes as the company's "strange, confusing solution." He said the company's explanation for the problem, which succeeded in blaming voters and poll workers as usual, was based on a "bizarre scenario, with no cited evidence or testimony" to back it up.

While NJ's state clerks association had voted unanimously to recommend that the Attorney General commission an independent study of the machines --- the same ones which will be used across the state of Pennsylvania in next month's key Democratic Primary Election --- Union County's plan to move forward with their own study has been nixed due to the legal threats sent from Sequoia's VP of "Compliance/Quality/Certification" Edwin Smith, according to a number of New Jersey papers today.

Amazingly (or perhaps, not so much at this point), Union County's attorneys folded to the pressure from the company, which claimed that Election Officials in NJ --- who spent millions on the voting systems --- are not legally allowed to examine them independently because "the voting machine software is a Sequoia 'trade secret' and cannot be handed over to any third-party."

Fear of a lawsuit from Sequoia, which will also control the state's elections in an upcoming June primary, as well as the November general election, has led to county attorneys backing down from their plans for the time being, unless the state AG jumps in to take action.

In the threatening email from Smith to the Princeton professors sent last Friday, as posted here in full last night, the company executive threatened legal action if a "non-compliant analysis" of their voting systems was carried out. "We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith warned.

The Star-Ledger reports the latest, almost mind-numbingly incredible, developments in your democracy, now fully and completely in the hands of privatized corporate America, this morning...

-- Brad Friedman

Sequoia Voting Systems has sent a legal threat to Princeton University computer science professors Ed Felten and Andrew Appel warning them of legal action should they proceed with an analysis of New Jersey's touch-screen voting machines as unanimously recommended last week by an association representing election clerks across the state.

In a terse email sent last Friday, obtained today by The BRAD BLOG, Sequoia's Edwin Smith, Vice-President of Compliance/Quality/Certification, warns the university academics that the company has "retained counsel to stop any infringement of our intellectual properties, including any non-compliant analysis."

"We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property," Smith threatens.

The email from Smith to Felten and Appel is posted in full at the end of this article. Felten has confirmed its authenticity late this afternoon.

The call by state election officials for the independent study of Sequoia's AVC Advantage touch-screen machines comes in the wake of a recent finding that the systems mistallied voter turnout totals across at least six different counties in New Jersey's February 5th Presidential Primary Election. During a post-election canvass, it was found that the number of voters for each party, as reported by the internal printouts on the electronic voting machines, failed to match totals on the internal memory cards inside the same systems in a number of instances across the state.

Sequoia's explanation for the problem, essentially blaming voters and poll workers for pushing a complicated series of buttons, was found lacking by the state election clerks.

The discovery of mistallies followed on previous embarrassment for Sequoia and New Jersey when several machines failed to boot up at all on the morning of the Super Tuesday Election, causing a 45-minute delay for NJ's Governor John Corzine before he was finally able to cast a vote at his polling place in Hoboken.

The very same Sequoia AVC Advantage systems which failed in New Jersey, will be used across Pennsylvania in that state's upcoming --- and rather important --- Primary Election next month.

Sequoia has good reason to be concerned about what may come of an analysis by professors Felten and/or Appel. Both of them have previously detailed major voting machine security flaws, and the ability to easily hack into such systems made by both Sequoia and Diebold Election Systems...

Guest Blogged by John Gideon of VotersUnite.Org

The Newark Star-Ledger is reporting that New Jersey election officials have found a discrepancy in the state's Primary Election results as reported on the Direct Recording Electronic (DRE) voting machines used on Super Tuesday. Voter totals reported by the internal paper tapes on their Sequoia AVC Advantage DRE in a number of counties are failing to match up with totals found on the memory cartridges, used for both ballot definition and results storage, on the same machines, according to the report today...

Problems with Sequoia's AVC Advantage systems also emerged early on the morning of Super Tuesday, forcing a 45 minute delay for the state's Governor, who was unable to cast his vote when the machines failed to boot up on Election Day. In February of last year, the same machines were hacked by a Princeton University Professor after he'd been able to purchase a number of the $8000 systems for just $86 apiece on the Internet.

The Star-Ledger today goes on to report some of the details on the latest failures now emerging in New Jersey during the state's post-election canvassing...

The conspiracy theorists at the New York Times today tell us something is amiss, but proceed to ultimately tell us nothing about why it happened, suggesting that all is just fine...and that it'd be even better if the city "upgraded" to new electronic voting machines...

So how did the numbers change from 141-0 to 261-136 and from 118-0 to 118-116? No confirmed explanation is given, but some lazy guesswork about how votes are counted on NYC's old lever voting machines is proffered by local Election Officials, and dutifully passed on by the Times who --- before proceeding with a misleading "ad" for new electronic systems --- soothes our concerns by informing us that an unspecified number ("a handful") of districts also reported zero votes for Clinton in the original, unofficial tallies...

[Updated at bottom of article with an "explanation" from the WA state GOP chairman. This story gets more bizarre by the minute. Be sure to check the updates if you read this story earlier.]

"The Huckabee Presidential Campaign will be exploring all available legal options regarding the dubious final results for the state of Washington State Republican precinct caucuses," according to a statement posted today on their official campaign website.

It was 2:30am on the West Coast last night as we noticed CNN was reporting only 87% of precincts counted from Washington state's Republican Caucus yesterday. Just over 200 votes separated the leader John McCain from Mike Huckabee in a very close second, with Ron Paul coming in a very close third.

Throughout the day, according to Josh Marshall at TPM, Huckabee had been leading in the returns until very late, when McCain pulled just ahead of him by just a few votes.

"With 87% of the returns counted," writes Marshall, "the Washington state GOP, which runs the caucuses stopped releasing results. That left us and a lot of other news organizations in a bit of a quandary last night since it looked like McCain was going to pull it off. But as late as 1:30 AM on the east coast promised new results kept failing to materialize."

And then, in the middle of the night, the state GOP posted a press release declaring McCain the winner, even with some 13% of the votes still unreported, and just 242 votes --- out of 13,745 reported so far --- separating McCain from Huckabee who'd finished a "strong second" according to the GOP release.

"In other words," Huckabee campaign chair Ed Rollins says in their statement this morning, "more than one in eight Evergreen State Republicans have been disenfranchised by the actions of their own party."

"Now, I think it would be borderline for a media organization to declare one candidate a winner when the margin separating first and second was 1.8% with 13% of the results still uncounted," writes Marshall today. "But for the officials holding the election to declare the result on that basis is simply bizarre. But that's what they did."

Of course, none of that kept the always-responsible Reuters news service from declaring "McCain wins Washington state Republican contest" at 8:10am ET this morning.

This afternoon, the Huckabee camp is announcing they are prepared to go to court if necessary, as the candidate himself declared that "weird things" are going on in Washington while on NBC's Meet the Press.

At the same time, the results of the GOP Louisiana Primary, as announced by the state, are even closer than those so far released in Washington. Though because the election was held on wholly unverifiable electronic voting machines, everyone will simply have to settle for whatever numbers the faith-based systems reported to them, no matter how close the margin...

Blogged on the fly by John Gideon, VotersUnite.Org

The Associated Press is reporting that the two Sequoia AVC Advantage touch-screen voting machines at the Hoboken Fire Department Engine Company No. 2 on Washington Street would not work for about 45 minutes as the polls opened this morning. This polling place just happens to be the location where New Jersey Governor John Corzine votes, or was at least scheduled to at 6:15am. He was unable to cast his vote until 7:00am according to the reports.

AP notes that several voters were turned away this morning until they were able to get one of the machines working. Fox "News" reported earlier that there were no provisional ballots at the poll site, so voters had no choice but to wait for the machines to be fixed or to choose not to vote at all.

Update by Brad Friedman flying in...

After virtually ignoring the issue for some six straight years, our hometown newspaper, The Los Angeles Times, has run a two-part, 2,800-word "series" on concerns about voting machines, right on schedule, just in time to do absolutely no good at all before next week's upcoming Tsunami Tuesday election in the state. Waytago, LATimes!

The series reports absolutely nothing that has not already been reported over the last several years here at The BRAD BLOG, which is why the LATimes folks makes the big bucks and we don't.

They do, however, include an important point at the very end of the second article, in quoting from one of the country's most notable long-time voting machine apologists, Kimball Brace...

Earlier today from a Palm Beach Post blog item...

For the record, although Florida's Republican governor and legislature have voted to finally trash the touch-screens and move to all paper ballot elections, today's Primary still uses the old touch-screens in many counties. Elsewhere, problems are occurring --- yet again --- with the paper-based Diebold op-scan systems in the Sunshine State. The same machines used in New Hampshire, and the same ones seen being hacked in HBO's Hacking Democracy, are reportedly failing in several locations there. More on that soon.

The touch-screen systems used by Palm Beach County, also home of voter fraud felon Ann Coulter, are made by Sequoia Voting Systems.

Colorado's Republican Secretary of State, Mike Coffman, has announced that a number of Colorado's e-voting machines have failed state certification testings, and will not be allowed for use in the 2008 election cycle. The announcements came at a news conference in Denver which completely just minutes ago.

Describing the state's testing of four major voting machine companies previously certified in the state, Coffman explained to reporters at the presser that there were "over 3000 tests on each vendor['s systems], and over 40,000 pages documenting the tests."

"This has been an extensive process," he said, after detailing several remarkable findings from each of the systems testing. For example, test results showed that paper-based optical-scan systems made by Hart InterCivic "could not accurately count ballots." While Direct Recording Electronic (DRE, usually touch-screen) systems made by ES&S, the world's largest supplier of voting systems, could be disabled by "denial of service" attacks at the polling place with a device as simple as a magnet.

"If you were to put a magnet in close proximity or inside the port," Coffman said at the press conference today, "that would, in fact, disable that particular voting machines and it would have to be literally reprogrammed...to bring in back into circulation for that election."

While virtually all of the systems tested were found to have major vulnerabilities, a number of them were "conditionally certified" for use as long as new security mitigation requirements are met. Notably, both op-scan systems and DREs made by Diebold (now known as Premier) were given conditional certification for use, despite Diebold systems having been banned in several states previously, including California, Ohio and Florida, due to a long list of critical vulnerabilities.

A summary of the decertified and conditionally certified systems follow (links to more information on each, at the end of this article):

• All voting systems made by Election Systems & Software, Inc. (ES&S), both paper-based optical-scan and DREs, were completely decertified. Their op-scan systems tested, according to Coffman, "both failed because of an inability to determine if the devices work correctly and an inability to complete the testing threshold of 10,000 ballots due to vendor programming errors." Their ubiqutous, and fatally flawed iVotronic DRE system "failed because it is easily disabled by voters activating the device interface, and the system lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Sequoia Voting Systems were conditionally certified, while their DRE systems were completely decertified for use, as they "failed due to a variety of security risk factors, including that the system is not password protected, has exposed controls potentially giving voters unauthorized access, and lacks an audit trail to detect security violations."
• Paper-based optical-scan systems made by Hart Intercivic were decertified "because test results showed that they could not accurately count ballots"(!), while their DRE voting system was conditionally certified.
• And finally, both optical-scan and DRE voting systems made by Diebold/Premier were conditionally certified for use in Colorado.

Coffman's announcement comes today, months after the state had hoped to have the results available, due to sluggish participation by the voting machine companies, many of whom delayed supplying required information, such as voting system source code, as requested by the Secretary of State's office.

All of Colorado's electronic voting systems were decertified just prior to the November 2006 election when a state judge ruled, in a lawsuit brought by state voters, that testing and certification procedures for e-voting systems in the Centennial State were inadequate, largely non-existent, and in violation of state law. As the judge's decertification order came just prior to that years' elections, the systems were allowed for use, but decertified immediately thereafter. The state was forced to begin the certification process from scratch thereafter...

Guest Blogged by Alan Breslauer

KTLA News reports on the rush to prepare paper ballots for upcoming elections, including next February's California presidential primary now that Secretary of State Debra Bowen decertified electronic voting in 29 counties because the machines proved vulnerable to hackers.

The piece also features Riverside County election integrity activist (and hero) Tom Courbat of SAVE R VOTE who raises concerns about Sequoia's role in counting the paper ballots, "when these ballots go into electronic tabulating machines there is no way to tell whether or not they have been programmed to flip the vote and rig the election." While Registrar of Voters, Barbara Dunmore, agrees with Courbat about the vulnerability of electronic machines, she believes election officials have put in place safeguards that will ensure fair elections.

For more on Courbat's tireless efforts to protect democracy in Riverside County see this video mashup.

[UPDATED POST-SHOW]

Santa Cruz County Clerk, Gail Pellerin joined us on the Peter B. Collins Show again tonight, live, to follow up on last week's interesting and rather spirited (at times, contentious-ish) hour.

The audio archive and full text transcript of last week's hour is posted here if you missed it.

The audio from this week's show, along with the transcript, courtesy of Santa Cruz voter Emily Levy of VelvetRevolution.us.

Since last Friday's show, CA SoS Debra Bowen has pronounced that the voting machine "sleepovers" Pellerin told us she'd planned for her Sequoia voting systems again in 2008 "don't comply with the security requirements" for those voting systems in California.

As well, we've gotten the opportunity to chat a bit via email with Pellerin since then, and are encouraged that we can begin working more together than apart, as is necessary, I think, for Election Integrity advocates and Elections Officials. It's the voting machine companies who are the real villains in this matter, and they've been quite successful at driving an opportunistic wedge between advocates and officials.

UPDATE, AUDIO & TRANSCRIPT: The show went very well. Pellerin stuck around for the entire hour and it was a great discussion with several interesting and newsworthy revelations, along with some very good callers as well. I think we may be getting somewhere. At least I'm hopefully tonight for the good folks of Santa Cruz...

Considering Riverside County, CA, was the first in the nation to purchase Sequoia Voting Systems' malfunctioning, unsecure touch-screen voting machines for county-wide use in 2000, and that the county's Board of Supervisors were once the most ardent supporters of the company --- one of the Supes even going so far as to foolishly bet "1000 to 1" that the system couldn't be hacked --- the latest news from Riverside, no doubt, comes as a very bitter pill for the failing voting machine company.

And better still, the county now has a golden opportunity to restore its reputation by leading the nation in bringing accountability to the real villains in this regrettable saga.

"Riverside Co. Pulls Plug on Electronic Voting" read the headline of one of the local news reports after Tuesday's Board of Supervisors meeting where they wisely voted against throwing good money after bad.

The Board refused to authorize $500,000 for uncertified Sequoia optical scan voting machines, as recommended by the county's Sequoia-lovin' Registrar of Voters Barbara Dunmore, in order to replace their recently decertified Sequoia touch-screen systems which had previously been purchased (twice!) for some $27 million.

"I will not vote for another dime to go to Sequoia," said Supervisor Roy Wilson, finally catching on, according to the report from KESQ....

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...

I'll withhold most of my personal thoughts here for the moment, since Gail Pellerin, County Clerk for Santa Cruz County, CA, has agreed to come back to continue this discussion on the Peter B. Collins Show this Friday. For the moment then, I'll just let you listen and offer your own thoughts on this conversation from last Friday's show.

Pellerin and I appeared on PBC's radio show to discuss issues of Election Integrity, CA SoS Debra Bowen's "Top-to-Bottom Review" and the Sequoia Voting System that Pellerin uses in Santa Cruz, the hometown of former CA SoS Bruce McPherson.

She is on the public record as having said last July at the public hearing in Sacramento for Bowen's TTB Review: "I can guarantee that every eligible vote is counted accurately," about which, you can imagine, I challenged her on the show. As well, in the interview (complete audio below) she commits to sending her voting systems home yet again on "sleepovers" with poll workers in next year's elections. I also had a thing or two to say to say about that, as you may have guessed. Suffice to say, it was a lively interview.

Pellerin --- presumably a Democrat, as she once worked in the CA state assembly for then-Speaker Willie Brown --- was scheduled only for the first half-hour of the show, but fortunately called back for the final segment to answer some of the questions that I didn't have time to ask her about when she was on the air. I greatly appreciate her willingness to do so and to stand up to the fire.

You'll want to stay tuned for that final segment.

As well, be sure to tune in this Friday at 5pm on the PBC Show (listening link here), where she has agreed to come back and pick up where we left off. I greatly appreciate her willingness to do so. The continued discussion can only benefit voters both in Santa Cruz (one of the locations where Peter's show is heard live on the air) and across the nation, where Elections Officials and Election Integrity advocates must continue to find ways to work together to solve our problems and push back at the damaging, cynical, divisive, selfish, and inaccurate propaganda being forwarded by the Voting Machine Companies.

NOTE 9/22/07: Pellerin returned for another full hour on 9/21/07, the week following this broadcast, in order to follow up on this week's interview. That subsequent second interview and text transcript has now been posted here...

-- Santa Cruz County, CA, County Clerk Gail Pellerin and Brad Friedman on the Peter B. Collins Show, 9/14/07 (appx 41 mins. w/ commercials now removed):

Complete text-transcript of the hour now follows below...