Follow & Support The BRAD BLOG!
&

Latest Featured Reports | Saturday, April 19, 2014
More Good 'Obamacare' News for Terrified Dems
Will Democrats continue to run scared, or will they embrace the unrelenting string of encouraging Affordable Care Act successes as we head into the 2014 mid-terms?...
'Green News Report' 4/17/14
  w/ Brad & Desi
One year since West, TX disaster; New 'habitable' planet!; Air pollution in poor areas; Record warm March; PLUS: 'Bombshell' study: CA drought caused by global warming...
Previous GNRs: 4/15/14 - 4/10/14 - Archives...
The Climate Is Invading the Earth! To Battle Stations!
If only the climate was a person that could be defeated with guns -- the world might finally take the threat that climate change now poses with the seriousness it deserves....
'Green News Report' 4/15/14
  w/ Brad & Desi
GNR Special Coverage: The UN Inter- governmental Panel on Climate Change Report on Mitigation: costs, risks, and opportunities. Is it too late avoid climate catastrophe?...
Previous GNRs: 4/10/14 - 4/8/14 - Archives...
'Conservative' RW 'Legal' Blogger Defends Freeloading Nevada Rancher
PowerLine's hyper-partisan John Hinderaker admits Cliven Bundy 'doesn't have a [legal] leg to stand on', but digs deep to find a reason - any reason - to defend the scofflaw anyway...
Sunday News Shows Fail to Mention U.S. Senate CIA Torture & Detention Report
Despite U.S. and international crimes outlined in the findings, based on first-hand CIA docs, not a single Sunday show even brought it up...
NSA Knew About, Exploited Internet Open Source Bug for Years
What part of "national security' does the National Security Agency not understand?!...
Destroying America: 'Obamacare' Kills Another Business
Free medical clinic in rural Arkansas to close doors after health insurance reform law leads to lack of customers...
'Green News Report' 4/10/14
RW Heartland Institute says 'climate change will be good for you!'; Russia threatens natural gas supplies to Ukraine, Europe; PLUS: Attack of the Tumbleweeds! (No, really!)...
'Green News Report' 4/8/14
Study: CNN, Fox 'News' FAIL on climate; CNN looks for plane, finds ocean of garbage; PLUS: Energy co. receives record fine for 85 years of toxic waste (& couldn't be happier about it)...
Christie's E-Cig 'Sin Tax' Due to 'Public Health' Concerns?
After slashing anti-smoking programs, 'conservative' Christie admin offers absurd reason for massive new tax, but NJ Star-Ledger ain't buyin' it. And neither are we...
Judge to TX Repubs: Turn Over the Docs!
Courts rules TX legislators must provide email related to passage of polling place Photo ID restrictions which may prove discriminatory intent of the GOP law...
'A New Kind of Liberty' for the Kochs and Anyone Else Who Can Afford to Buy It
Have the rightwing judicial activists on the Supreme Court made you feel freer yet?...
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
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'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...


Team's Lead Investigator, Alec Yasinsac --- a Noted Republican Partisan --- Claims No Knowledge of Voting Machine Company's Pre-Testing Dictates...
By Brad Friedman on 3/26/2007 1:51pm PT  

Over the weekend we reported on the newly unearthed "agreement" letter sent by voting machine company ES&S to Florida's chief of Voting System Certification, David Drury, dictating the company's demands for the narrow terms of testing for the source code and hardware of the touch-screen voting systems which failed so spectacularly in the state's 13th Congressional District election between Christine Jennings (D) and Vern Buchanan (R) last November.

In the still-contested election, an exceedingly high 18,000 "undervotes" were registered by the ES&S touch-screen DRE voting systems in Democratic-leaning Sarasota County only, in the race which was ultimately decided by 369 votes in favor of the Republican.

In our coverage, we asked a series of questions about the letter and whether the "independent" team of scientists convened by the state to review the source code had been apprised of ES&S's very strict litany of specific narrow conditions for testing (including their insistence that they be allowed to review, edit and/or comment on the final report before its release).

Yesterday, Alec Yasinsac, the "Lead Principal Investigator" of the scientific panel convened at Florida State University --- a noted Republican partisan --- released a response to some of questions [PDF] on behalf of the state-convened panel of scientists.

The bulk of that response follows, as well as a comment or two of our own in response...

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

ReddIt this story!



Terms of 'Independent' State Run Audit, Source Code Review Dictated by Voting Machine Company to Florida State Election Director Prior to Tests of Failed Touch-Screen Voting Systems from Contested Jennings/Buchanan Election!
By Brad Friedman on 3/24/2007 6:02pm PT  

The private voting machine company which manufactured the touch-screen hardware and software used during Sarasota, Florida's contested District 13 Congressional election between Christine Jennings (D) and Vern Buchanan (R) sent a letter in December of 2006 to David Drury, the chief of the state's Bureau of Voting Systems Certification, dictating the terms of the state-run audit convened to investigate the causes for massive undervote rate which seems to have tipped the election.

The extraordinary 3-page letter (posted in full at the end of this article) from Electronic Systems & Software, Inc. (ES&S) Vice President, Steven Pearson, is described as an "agreement" and instructs Drury on what may and may not be disclosed in the state's final audit report regarding the investigation.

The audit, for which ES&S was dictating terms to the state of Florida, was of their own voting systems used in the disputed race where 18,000 undervotes were discovered in the FL-13 election. The race was ultimately certified by the state with a 369 vote margin in favor of the Republican Buchanan, and is currently being contested in state court, and in Congress under the Federal Contested Elections Act.

"David, below are ES&S source code review guidelines for the conduction of any review of source code to be performed by the Department of State and any agent acting on your behalf as a result of the under vote investigation from the Sarasota County mid-term election. It is our desire the methodology and focus of the review be performed in a manner that incorporates the items described below," the agreement begins, before including a long, bullet-pointed and very narrow litany of specific dictates concerning what may and may not be done and/or discussed by the state-convened panel of investigators in their final report...

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

ReddIt this story!



Clark and Taylor Counties Short-Changed as Nation's Top Voting Machine Vendor is Yet To Deliver Materials for Election Just 12 Days Away...
By John Gideon on 3/23/2007 2:09pm PT  

Blogged by John Gideon, VotersUnite.Org

The country's largest supplier of voting machines, ES&S, is at it again. BRAD BLOG readers will remember last year's extraordinary string of ES&S failures and meltdowns week after week during the primary elections and then general election across the country. Last year the excuse for late delivery of materials and other related failures in scores of states and counties was that everyone wanted materials all at the same time and ES&S was just too busy. So what's their excuse this time?

According to John Washburn's excellent blog Washburn's World, election officials in Clark and Taylor Counties in Wisconsin are still awaiting delivery of Personal Electronic Ballots (PEB), memory cards, and paper ballots, and they have an election in just 12 days; April 3...

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

ReddIt this story!



FULL LETTER POSTED: ES&S Urged State, Local Officials to Take Corrective Measures Three Months Prior to Contested Jennings/Buchanan Race Last November
Election Integrity Advocate's Warning About Bug Also Ignored Both Before and After Election...
By Brad Friedman on 3/13/2007 4:28pm PT  

Melinda Henneberger at Huffington Post runs a news item today concerning an August 2006 letter from the voting machine company ES&S to Florida Elections officials warning about a defect in the iVotronic touch-screen voting machine which succeeded in losing the votes of some 18,000 voters in the razor-thin election between Christine Jennings (D) and Vern Buchanan (R) in Florida's 13th U.S. House Congressional district. Buchanan was provisionally seated, pending a Congressional challenge and state lawsuit filed by Jennings, after he was declared the "winner" by 369 votes.

The Sarasota, FL, Election Supervisor, Kathy Dent, decided against both having their machines patched to take care of the defect and posting a warning notice for voters as advised by ES&S. "No one in the State of Florida updated," their machines after receiving the letter, Dent told Henneberger. "That's because it was too close to the election. It was a state decision that it was too late to make changes."

Notably, as you'll see in the full letter as posted below, it was CC'd to David Drury, the Chief of Florida's Bureau of Voting Systems Certification. Drury, responsible for overseeing state certification of voting systems, in an extraordinary conflict of interest as we've noted several times previously, was part of the state team commissioned to audit the iVotronic systems used in the election. The commission was empaneled after the state was forced to relent and launch such an investigation in light of the controversy after their initial denials that there was any problem at all with the extraordinarily high undervote rate in the Sarasota-only section of the race.

The ES&S letter, as Henneberger noted, was only seen recently by Jennings's attorneys since "it was not provided to them by election officials as it should have been under discovery motions in the case," according to one of her attorneys.

Instead, the legal team came across the document only recently as posted "on a North Carolina-based website on election reform," according to Henneberger.

That website, as it turns out, is the NC Coalition for Verified Voting as founded by Election Integrity advocate Joyce McCloy. McCloy had attempted, both before and after the election, to get the attention of elections officials and the Jennings legal team. The letter, not linked by Henneberger, is posted here [PDF]. We've also posted the letter in full, as well, at the bottom of this article.

McCloy wrote The BRAD BLOG today expressing her frustration at trying to get anyone in Florida to take notice of the letter warning of "slow response times" to voters' attempts to select candidates on the ballot.

"I sent that memo (and my concerns) to anyone I could think of," McCloy explained in her email, "and this year to every election reform list serve that I could, posted it on political message boards. I asked and asked - has this bug been fixed?"

Apparently the answer is no; the bug was neither fixed, nor did Dent bother to warn voters in Sarasota about the problem as had been advised in the letter by ES&S.

As Henneberger reports today...

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

ReddIt this story!



Says State Report 'Provides Even More Compelling Reasons to Seek Investigation'...
By Brad Friedman on 2/23/2007 5:08pm PT  

The Christine Jennings (D) campaign has just sent us a statement concerning today's release of the state-commissioned audit of the flawed election during her race against Vern Buchanan (R) last November in Florida's 13th Congressional District.

See our earlier full coverage of the state reports here...

"The audit of Sarasota County’s voting system was flawed, incomplete, and provides even more compelling reasons for the Christine Jennings campaign to seek a thorough investigation by outside experts," the statement begins.

The complete Jennings statement follows below...

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

ReddIt this story!



Election Integrity Advocates Contesting Race Call Report 'A Whitewash,' Cite Partisan Makeup, Conflict of Interest, Flawed Test Methods of Audit Commission
Two State Reports Released Late Friday Afternoon Reveal Contested Results Imperiled by Extraordinarily Complex Touch-Screen Voting System...
By Brad Friedman on 2/23/2007 3:39pm PT  

Late this afternoon, the state of Florida released a state-commissioned audit report detailing their investigation into the contested U.S. House Election in Florida's 13th Congressional district between Christine Jennings (D) and Vern Buchanan (R).

In two lengthy and carefully worded reports, released along with a statement from the new Secretary of State, Kurt Browning (R), the state audit report [PDF] concludes that "The audit team found no evidence to suggest or conclude that the official certified election results did not reflect the actual votes cast."

A statement issued in response by People for the American Way (PFAW), who, along with VoterAction.org, are representing the voter plaintiffs contesting the election in the state, have described the report as "a whitewash." Their statement, posted in full at the end of this article, points to the partisan makeup and conflicts of interest in the commission empaneled by the state to examine the firmware of the paperless ES&S iVotronic touch-screen voting machines used in the race.

The report "is the result of a flawed process overseen by people with a stake in the outcome," said PFAW President Ralph Neas in the statement, which also details a number of other flaws in the state's "independent" commission.

Additionally, The BRAD BLOG has found that details in one of the reports actually contradict both Browning's statement and the conclusion of the state's official audit. The reports, as well, reveal a stultifyingly complex process being employed to manage the most basic point of any election: The simple task of adding one plus one plus one...

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

ReddIt this story!



Princeton Professor Listed as Team Member Reveals He Is Not on State Convened Panel
Yet More Reason to Doubt Credibility of Partisan, Interest-Conflicted Group of Scientists Said to be Investigating Failed U.S. House Race in Sarasota...
By Brad Friedman on 2/5/2007 1:17pm PT  

Blogged by Brad Friedman from Phoenix, AZ...

While Florida's new Republican Governor Charlie Crist deserves credit, perhaps even a rarely-bestowed BRAD BLOG "Intellectually Honest Conservative" Award --- for his recent announcement alongside Rep. Robert Wexler (D-FL) that he would propose some $32 million to replace the Sunshine State's failed touch-screen voting machines with paper-based optical scan systems, it seems that the old state guard is still lying and covering up for their failed e-voting systems which undermined democracy last November.

An article on the Crist/Wexler initiative from last Friday's New York Times offered this refreshing quote from the Florida Republican on concerns about the cost of tossing the state's recently purchased touch-screen systems: "The price of freedom is not cheap. The importance of a democratic system of voting that we can trust, that we can have confidence in, is incredibly important."

To that, we say, right on. But apparently the folks in Crist's Department of State (DOS) have yet to get the memo that it's time to stop covering up the massive electoral system failures in Florida.

In a blog item today by Princeton University's computer science Professor Ed Felten, he reveals that the state's "independent audit" of the contested 13th Congressional District election between Democrat Christine Jennings and Republican Vern Buchanan --- in which some 18,000 votes disappeared on Sarasota County's paperless touch-screen machines in a race decided by just 369 votes --- is built on more lies than previously realized.

The Princeton University professor who led the team that revealed Diebold touch-screen systems could be hacked in less than 60 seconds and implanted with a vote-stealing virus which could undetectedly flip an entire election has exposed yet another lie from the state-convened team of scientists supposedly investigating the FL-13 incident.

The audit team, convened by state officials at the FL Department of State, has been appropriately criticized for its partisan make-up, lack of transparency, and apparent conflicts of interest in demonstrating that they were not to blame for having certified the very voting systems they have charged themselves with "investigating."

Felten, however, has revealed the case is even worse than that. Apparently they have lied about who is actually on the team, listing Felten in official documents as one of the team members despite his early refusal to take part in the state-run investigation...

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

ReddIt this story!



Princeton's Computer Science Professor, Ed Felten, Begins to Look at the Failed Jennings/Buchanan U.S. House Race in Florida, But Seems to Buy Into a Flawed Theory and Solution
'Paper Trails' on Sarasota's Voting Machines Would Have Made the Situation Worse, Not Better...
By Brad Friedman on 1/30/2007 1:33pm PT  

Blogged by Brad Friedman from on the road...

To be clear, despite the headline, we don't mean to call Princeton's computer science professor Ed Felten "stupid" by any means. We do, however, mean to make clear --- in no uncertain terms --- that the oft-floated idea that adding so-called "paper trails" to failed, paperless ES&S touch-screen voting machines, such as those used in last November's U.S. House race in Sarasota between Christine Jennings (D) and Vern Buchanan (R), would not have avoided the situation we're now in. In fact, such "Voter Verified Paper Audit Trails" (VVPAT) added to Direct Recording Electronic (DRE/touch-screen) systems would likely make our current crisis of democracy worse instead of better.

As we've said before, DREs with or without a VVPAT are a threat to democracy. VVPATs are little more than a band-aid at best, and more likely serve only as a panacea to offer a false sense of security.

Adding a "paper trail" to a DRE/touch-screen system is like requiring a seat belt in a Ford Pinto; what good will the seat belts do when the Pinto explodes?

Today then, Princeton's Felten (he of the infamous Diebold Touch-Screen Virus Hack) has posted an article on his blog looking at what may have happened in the contested U.S. House race in Florida's 13th Congressional District between Jennings and Buchanan, in which some 18,000 votes seem to have disappeared completely on the paperless ES&S touch-screen voting machines. Just 369 votes separate the two candidates in the flawed state-certified final results.

In his essay, the first of a promised series to come this week, Felten correctly points out that the situation can only be attributed to problems with the ES&S voting machines themselves, since the undervote rate for the very same race in the very same county was a reasonable 2.5% on the paper absentee ballots, but jumped nearly 15% as recorded on the ES&S touch-screen machines.

Even ES&S's only expert witness so far to take the stand --- Dartmouth College's political (not computer) scientist, Michael Herron --- in the election contest down in Florida admitted that were it not for problems voters encountered in using those voting machines, Jennings likely would have been named the winner. That point was reported by Sarasota Herald Tribune who reported on the testimony this way: "Had those ballots been cast without problems, Jennings would have won by as many as 3,000 votes, according to the ES&S expert's statistical 'best guess.'" Reporting from both Wired News and our own discussions just after the testimony with Lowell Finley, the attorney for VoterAction.org, one of several non-partisan groups who argued the case on behalf of the Florida voter plaintiffs who joined Christine Jennings in filing an election contest, confirmed that point as well.

So the question --- for those legitimately trying to figure out what went wrong, as opposed to Buchanan and his supporters who simply want to claim the House seat as their own, even if it's an aberration of democracy --- is whether the problem was due to bad ballot design, machine malfunction, or, most likely, some combination of both. With just 369 votes between the two candidates in the state-certified final result (which is being challenged in both Florida courts and the U.S. House), virtually every analysis has determined that even a minor machine malfunction would likely have thrown the race to the Republican in the Democrat's strongest areas in Sarasota. That's where the largest undervote rates occured.

Felten's thesis, however, as he begins to discuss today in his first article on the topic, would seem to suggest --- incorrectly, in our view --- that a "paper trail" on those paperless touch-screens would have avoided this problem. We'll answer by suggesting it would only have made it worse.

In the meantime, an as-yet under-reported affidavit obtained by The BRAD BLOG from a poll worker, which accompanied a complaint filed by a Republican (yep, you read that right) in Sarasota who believes machine malfunction was clearly the culprit, seems to demonstrate clearly that a problem with the ES&S iVotronic system, not a problem finding the race on the ballot, was to blame for the massive undervote rate.

Couple that with two excellent reports from Daniel Hopsicker as filed last week (one here, the second here) analyzing, in crystal-clear detail, a number of contemporaneous news reports from Sarasota before, during, and after the election, it becomes very clear that machine failure was the problem in the FL-13 election and not "bad ballot design" --- the favored theory of folks hoping to keep the "provisionally seated" Buchanan in power.

Hopsicker's excellent review of those news reports, both as the problem was first emerging and just after the election, when voters' and poll workers' recollections were still fresh, reveals that voter and poll worker complaints at that time overwhelmingly focused on problems voters had casting their votes in particular races and not on problems finding particular races on the ballots!

We'll take a look at the complaint filed by the Republican mentioned above, along with the poll-worker affidavit, in a future report this week. But for now, we'll look at Felten's "Paper Trails Would Have Avoided the Problem" theory.

As Felten averred today...

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

ReddIt this story!



By Brad Friedman on 1/11/2007 7:56pm PT  

Melinda Henneberger interviews Christine Jennings, who would have won her race for the U.S. House in Florida's 13th district were it not for the ES&S touch-screen voting machines in Sarasota County, which robbed her (so far) of her rightful seat.

We guess candidates have to actually get screwed by these machines themselves before they are capable of fully appreciating the dangers about which we write here virtually every day. At the end of Henneberger's piece, she quotes Jennings in reference to some of the oft-ignored Election Integrity Advocates (like yours truly) who have long been trying to raise the reddest of flags. In this case, Jennings refers to the good folks of the Sarasota Alliance for Fair Elections (SAFE) with an "I'd wish I'd listened to them" sub-text impossible to ignore...

"Those people with the Sarasota Alliance for Fair Elections? I used to pat them on the back at Democratic meetings, but I had no idea. The vote is the great equalizer in this country - and when we've lost that, we've really lost something.''

So what will it take for the rest of the Democratic Party to start getting it?

ReddIt this story!



Voting Machine Company Claims Chairwoman's Missive 'An Attempt to Intimidate, Unduly Influence' Florida Court
Plaintiff Attorney Says Claim is 'Remarkable,' 'Takes a Lot of Chutzpah'
By Brad Friedman on 1/9/2007 9:46pm PT  

Describing it as a "threat...intended to interfere with the independence of the judiciary" in Florida's 13th Congressional District election contest, one of the defendants in the case, Elections Systems & Software, Inc. (ES&S), has filed a motion to strike a letter sent last week to Florida's appellate court from the Chair of the U.S. House Administration Committee, The BRAD BLOG has learned.

Attorneys for the plaintiffs describe the motion as "remarkable" and "a blatant thumb in the eye of Congress."

In her January 5th letter [PDF], the new Democratic chair of the committee, Juanita Millender-McDonald, responded to a lower court's decision at the end of the year refusing the release of the computer source code used on the paperless ES&S touch-screen systems during last November's contested election. Circuit Court Judge William L. Gary held in his decision at that time that the proprietary "trade secrets" of ES&S took precedence over Florida voters' right to know what actually occurred in their own U.S. House election.

The plaintiffs in the case --- Democrat Christine Jennings and several non-partisan election watchdog groups --- had requested review of the source code to aid in an independent expert investigation to help determine what went wrong when Sarasota's touch-screen systems, made by ES&S, failed to report some 18,000 votes in Jennings's race for the U.S. House against the Republican Vern Buchanan.

Buchanan was certified as the "winner" by the state of Florida despite his 369 vote margin and questions about the contest based on the extraordinarily high undervote rate on Sarasota County's voting systems. The still-unexplained undervote rate in the county was approximately five times higher than in the same race in neighboring counties, and similarly much higher than the undervote rate in the same race on the paper absentee ballots in the very same county.

In today's motion [PDF], obtained this afternoon by The BRAD BLOG, ES&S demands the court strike Millender-McDonald's letter from the record. They claim that it's an "unauthorized, non-party response" and that her letter was a "thinly veiled attempt...to intimidate this Court and unduly influence its deliberations in order to give Petitioner [Jennings], a member of Millender-McDonald's political party, an unwarranted advantage in this election contest."

That, despite the fact that Jennings has challenged the election in the U.S. House under the Federal Contested Elections Act and that a letter [PDF], similarly from the U.S. House Administration Committee --- then under Republican rule --- sent to a California court was instrumental and cited by the Judge in the dismissal of a contested U.S. House Special Election last summer between Brian Bilbray (R) and Francine Busby (D) in California's 50th district.

David Becker, a Senior Attorney at PFAW Foundation, one of the groups supporting the voter plaintiffs in the case, tells The BRAD BLOG that the claims made by ES&S in their motion "take a lot of chutzpah." ...

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

ReddIt this story!



Debra Bowen Appoints Lowell Finley of Election Integrity Watchdog Group VoterAction.org to Role of 'Deputy SoS for Voting Systems Technology and Policy'
[UPDATED] Critics of E-Voting Hail News as 'Collosal Suprise,' Very Good for Voters, Very Bad for the Nation's Electronic Voting Machine Companies...
By Brad Friedman on 1/8/2007 2:31pm PT  

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.) ...

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

ReddIt this story!



Letter Could be Precursor to Congressional Subpeona as Necessary...
By Brad Friedman on 1/5/2007 3:18pm PT  

Congresswoman Juanita Millender-McDonald, the new chair of the U.S. House Administration Committee, has sent a letter to the Florida Court of Appeals currently reviewing the absurd decision made late in the day on the last day the year by circuit court Judge William L. Gary to disallow release of the source code from the paperless ES&S touch-screen voting machines to the plaintiffs who have requested it in the state election contest in the U.S. House race in Florida's 13th district.

Gary found at the time that release of the material would "result in destroying or at least gutting the protections afforded those who own the trade secrets." In other words, the private corporate interests of the ES&S voting machine company was more important than allowing Florida voters to try and determine the valid winner of an election.

The election is one of five now being contested in the U.S. House under the Federal Contested Elections Act, and we'd suggest Millender-McDonald's letter may serve as a precursor warning to the courts that the committee may use their subpeona power to get at the source code if the Florida courts refuse to allow its release.

Electronic Frontier Foundation covers the news here with the short letter itself linked here [PDF].

It is [...] of concern that the parties have been unable to agree upon, and that, on December 29th, the lower court declined to order, the requested access to the hardware and software (including the source code) needed to test the contestant's central claim: voting machine malfunction.
...
[T]he House is well served in its own deliberations by having before it a complete record. Consequently, Florida law will facilitate the evaluation of the election contest pending before the House to the extent that it provides access to relevant and critical evidence. I am confident that this can be done in a way that accommodates the valid interests of the parties, and resolution of these issues may obviate the need for the House to address them.
ReddIt this story!



Judge finds Plaintiffs' Request for 'Access to Trade Secrets' of ES&S Would 'Result in Destroying, Gutting' Voting Machine Company's 'Protections,' Rules Jennings's, Voters' Motion Based on 'Nothing More Than Conjecture'
[FURTHER STORY UPDATES] Plaintiffs Announce They Will Appeal Decision, Additional Late Details on Congressional Challenge to House Seating of Buchanan...
By Brad Friedman on 12/29/2006 1:27pm PT  

In a ruling issued this afternoon just prior to the Holiday weekend, the presiding Florida Circuit Court Judge William L. Gary denied the plaintiffs motion to allow review of the source code for the paperless touch-screen machines used in the contested U.S. House race in Florida's 13th district between Democrat Christine Jennings and Republican Vern Buchanan.

Jennings, and a number of Florida voters and Election Integrity organizations, had filed suit asking for a revote and to allow them to review the software used on the voting machines made by Election Systems and Software, Inc. (ES&S), after some 18,000 votes seemed to have disappeared in the race to fill the U.S. House seat vacated by former FL Secretary of State Katherine Harris. The state has previously certified Buchanan as the winner by a 369 vote margin.

Gary's terse ruling [PDF], issued this afternoon denying the motion to compel the company to turn over their source code, states that ES&S has a right to keep their software hidden from review by both the Jennings camp and voters, supporting the company's "right" to keep their "trade secrets" protected.

An audit of the machines was previously conducted by a panel convened by the state. The various plaintiff groups had roundly criticized both the make-up of the panel and the procedures used during the testing, characterizing it as an "exercise in futility." The panel was led by a known hard-right Republican partisan and included the state's own official responsible for voting machine certification. No independent Election Integrity advocates were included on the panel.

That audit --- to nobody's surprise --- revealed no problems in the hardware or software as tested. But the plaintiffs have argued that only an independent investigation of the source code used on the Direct Recording Electronic (DRE) voting machines might reveal reasons for the inexplicably large undervote rate in the race, more than 12%, only found on Sarasota's paperless touch-screen systems. Absentee paper balloting in the county, and on voting machines in other counties which make up the FL-13 district, revealed no such anomalous undervote rate. Undervote rates on paper absentee ballots in the same race, in the same county, were just over 2.5%.

Neither the Buchanan camp, nor anyone else, has been able to give a credible explanation for the disparity.

Gary's ruling denying Plaintiffs' motion to examine the voting machine source code finds that:

D. The machines now challenged were tested as required by law prior to the early voting and election day voting and were found to be working properly.

E. Because the election was a close one and due to Plaintiffs' allegations an audit was conducted on the voting system to verify its accuracy.

F. Two parallel tests were conducted on the subject screen systems and representatives of both Plaintiffs and Defendants were present. The test results revealed 100% accuracy of the equipment in reporting the vote selections.

G. Plaintiffs have presented no evidence to demonstrate that the parallel testing was flawed and or the results not valid.

H. The testimony of Plaintiffs' experts was nothing more than conjecture and not supported by credible evidence.

I. For this Court to grant Plaintiffs' motions would require this Court to find that it is reasonably necessary for the Plaintiffs to have access to the trade secrets of Defendant, Election Systems & Software, Inc., based on nothing more than speculation and conjecture, and would result in destroying or at least gutting the protections afforded those who own the trade secrets.

The plaintiffs had been requesting a revote for the election in the Florida circuit court. Jennings has filed a contest in the U.S. Congress, under the Constitutional provision which allows the House to determine the seating of members. When the new Congress convenes in January they must decide whether to seat Buchanan as is, seat him provisionally, seat Jennings instead, or leave the seat vacant, essentially forcing a Special Election in FL-13, or take some other action.

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

ReddIt this story!



(Might Have Been #1, But Diebold Handled the Vote Tabulation)
By Brad Friedman on 12/27/2006 1:03pm PT  

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

3. Hacking the Vote
Are electronic voting machines insecure? In May, security researchers discovered a previously unknown backdoor in Diebold's AccuVote-TS touch-screen voting machines that could allow an attacker to manipulate votes, cause malfunctions, or create a 'voting virus' that spreads from machine to machine--all in under a minute and with little fear of detection. Meanwhile, Princeton researchers also found Diebold's touch-screen machines could be opened with the same kind of key used for hotel mini-bars, offering easy access to the machine's memory card. Diebold promised to fix the vulnerability eventually, but also said they weren't too worried. Why? Because such hacks would require "evil and nefarious election officials"--who don't exist.

We feel much better now.

Big Mistake: Allowing insecure voting machines anywhere near this country's electoral process.

Bigger Mistake: Electing Homer Simpson president--which might happen if we keep using these machines.

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.

ReddIt this story!



By Alan Breslauer on 12/23/2006 12:47pm PT  

Guest Blogged by Alan Breslauer


Christine Jennings and her lawyer, Kendall Coffey, appeared Wednesday on Lou Dobbs Tonight with guest host Kitty Pilgrim to discuss the latest news concerning Florida's 13th Congressional District. As BRAD BLOG has reported often (most recently here, here and here), Vern Buchanan was declared the winner in Florida's 13th after the disappearance of 18,000 votes left the Republican with a paltry 369 vote lead over his opponent Jennings. Subsequently, a handful of experts including one provided by e-voting manufacturer ES&S, concluded that the inclusion of the missing votes would have propelled Jennings to an easy victory based on an analysis of the Sarasota votes which did not spontaneously combust.

Unfortunately, the will of the people is a foreign concept among those controlling the Florida election apparatus which declared Buchanan the winner after recounting nothing a couple of times. With no paper trail (much less a paper BALLOT, and there is a big difference!), a "recount" merely refers to state election staffers testing whether a few selected machines are working properly and is entirely unrelated to the vote count. By certifying Buchanan the winner, the state forced Jennings to seek relief in the Florida courts.

This did not sit well with Sean Hannity who, with Buchanan on as a guest a few weeks ago, found the entire affair "unbelievable" and further evidence that Democrats are sore losers. Juxtaposing the Hannity clip as well as Tom Feeney's reaction to the election controversy, recounted by Brad here, to Jennings appearance on CNN (clip above right), makes for quite an interesting experiment. While hardly evidence that could be used in a court of law like the damning statistical evidence, the contrast is, nevertheless, telling.

ReddIt this story!



Total Pages (20):
« Newest ... « 8 9 10 11 12 [13] 14 15 16 17 18 » ... Oldest »

Support The BRAD BLOG
Please visit our advertisers




Spend your advertising dollars wisely! And support the good guys at the same time! or Advertise with the good guys! We're it!












Support The BRAD BLOG
Please visit our advertisers
Brad Friedman's
The BRAD BLOG



Recent Entries

Archives
Important Docs
Categories

A Few Great Blogs
Political Cartoonists

Follow The BRAD BLOG on Twitter! Follow The BRAD BLOG on Facebook!
Add to Google
BRAD BLOG RSS 2.0 FEED
Please Help Support The BRAD BLOG...
ONE TIME ONLY
any amount you like...
$
MONTHLY SUPPORT
any amount you like...
$
Or by Snail Mail
Make check out to...
Brad Friedman
7095 Hollywood Blvd., #594
Los Angeles, CA 90028

The BRAD BLOG receives no foundational or corporate support. Your contributions make it possible to continue our work.
About Brad Friedman...
Brad is an independent investigative
journalist, blogger, broadcaster,
VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.

Brad has contributed chapters to these books...


...And is featured in these documentary films...

Our Radio Shows...

Additional Stuff...
Brad Friedman/The BRAD BLOG Named...
Buzz Flash's 'Wings of Justice' Honoree
Project Censored 2010 Award Recipient
The 2008 Weblog Awards



Wikio - Top of the Blogs - Politics

Other Brad Related Places...

Admin
Brad's Test Area
(Ignore below! It's a test!)

All Content & Design Copyright © Brad Friedman unless otherwise specified. All rights reserved.
Advertiser Privacy Policy | The BradCast logo courtesy of Rock Island Media.
www.BradBlog.com