3 days until Election Day.

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

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

Guest blogged by DES

This week, Broward County, Florida, Elections Supervisor Brenda Snipes said, with a straight face, "No one could have anticipated that this election would be so historic and draw as much attention as it has," and defended her choice to oppose expanding early voting hours next week due to "logistical problems."

In addition to the problems in Florida, there are now reports that longtime GOP "voter fraud" hoaxster Pat Rogers (also known for his involvement in the U.S., Attorney Purge Scandal for the bogus "voter fraud" allegations he filed in 2004, and as a board member of the now-defunct and fully-debunked GOP astro-turf group, "American Center for Voting Rights," or ACVR), is apparently using private investigators to intimidate voters in New Mexico.

Details on those stories and many more --- pre-election litigation over polling place photo I.D. restrictions in Georgia and Ohio, absentee military ballots in Virginia, GOP efforts to close early voting polling places in Indiana, GOP calls for the Dept. of Justice to investigate ACORN just days before a federal election --- from across the country, all follow in the detailed round-up below...

12 days until Election Day.

There is just too much news to fit into one DVN today so there will be one edition this morning (Pac time) and one at the normal time. We will be doing that through the election as the amount of news grows.

So far today a federal lawsuit has been filed in Pennsylvania seeking an earlier use of emergency paper ballots than is presently the dictate of the Secretary of State. The SoS has dictated that emergency ballots can only be used when all of the machines at a poll site are shut-down for some reason. The lawsuit hopes to loosen up that dictate to when 50% of the machines are shut-down for some reason.

While the West Virginia SoS has dictated that all of the states ES&S iVotronic touch-screen machines must be recalibrated we are still getting reports of vote switching.

Guest Blogged by John Gideon of VotersUnite.org

According to today's Island Packet voters on Hilton Head Island (Beaufort County), South Carolina discovered that some races were missing on the final review screen of the ES&S iVotronic touch-screen voting machines, at the end of the voting process, after voters completed their selections...

Guest Blogged by John Gideon of VotersUnite.org

Here we go again. Completely unverifiable touch-screen voting machines, in this case, made by ES&S, flipping votes from one candidate to another. Yet again. From the Saturday Gazette-Mail...

Guest Blogged by Mary Mancini of the Uncounted Blog

Everyone has different tastes, and hey, if you aren’t moved after watching Uncounted that’s your prerogative. But an uniformed and half-assed review that tries to nail the 80-minute movie on one ten-second factoid - like the one delivered to Mother Jones readers by former MJ Senior Online Fellow and current TPM Media News Editor, Justin Elliott - is inexcusable.

In the review, Elliot references the following that briefly appears on screen: “Two voting machine companies --- ES&S and Diebold --- electronically counted 80 percent of the votes in the 2004 presidential election. Both companies have extensive ties to the Republican party.” He then runs the 80% number by Kimberly Brace, “a respected voting expert with the consulting firm Election Data Services” who calls it “totally wrong.” And that’s it. Proof by assertion. No follow up. End of review.

You can, of course, read the rest for yourself at MotherJones.com, where you can also read the comments of some very smart MoJo readers who recognize not only Elliott’s shoddy work but also the importance of the bigger issue - that our democracy is at stake because of bad electoral practices.

You’ll also find Uncounted's filmmaker, David Earnhardt's response, which I am also printing in its entirety...

Guest Blogged by Ellen Theisen of VotersUnite.org

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

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

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

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

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

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

Blogged by Brad from the road...

A lot of voting zeitgeist in the media of late. What took ya so long, folks? Wanted to wait until it was largely too damned late to do anything about it? Same story. New year.

In any case, on the road to Denver right now, so time enough only to round up some of the most notable must-reads on everything from: The GOP "voter fraud" scam growing in intensity between here and November (a theme I'll also be discussing in my column for the UK's Guardian this week); Election officials finally acknowledging their machines don't work, but remaining unwilling to correctly place the blame or otherwise do much about it; Faint glimmers of actual improvement at the previously dreadful U.S. Elections Assistance Commission (EAC); A bit of news from the "Rove Cybergate" election fraud case in OH, and; The one phrase you'll want to get very well familiar with between here and November 2 (hint: my name is in it, but it has nothing to do with me.)

Read on...

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

Guest Blogged by Bo Lipari of New Yorkers For Verified Voting...

You would have thought that since there have been so many documented problems in other states over the years that voting machine vendors would have gone out of their way to make sure new systems being deployed in the Empire State were thoroughly tested, met all state requirements, and worked flawlessly.

At a minimum, you would expect that any business fulfilling an enormous, multi-million-dollar contract to a new client would make sure the systems were, well, at least operational. But, incredibly, you would be wrong. The machines which ES&S and Sequoia are providing to New York State are failing initial testing at a rate which would astound anyone – unless you’ve been following the voting machine industry for the last 10 years.

I discussed these problems on my July 2, 2008 Voice of the Voters [MP3] radio show with my guest, Bill Biamonte, Election Commissioner of Nassau County, the second largest Board of Elections in the state which serves over 870,000 voters. In a June 26 letter to Judge Gary Sharpe, who ordered New York State to complete its Help America Vote Act implementation by 2009, Nassau County reports the unbelievably high failure rates they’re finding in the systems they’ve received:

Last week I reported in great detail that four out of the twelve votes I'd cast on my ballot on L.A. County's e-voting system, during California's state primary on June 3rd, were flipped to candidates that I hadn't voted for. The ES&S InkaVote Plus system printed my ballot incorrectly.

I was voting on the audio ballot voting system meant primarily for blind and visually-impaired voters. Had I not been able to inspect my ballot visually after it had printed --- for example, had I been blind --- I would never have known that I was about to cast votes for candidates that I had not selected.

Because the "disabled-accessible" e-voting system at my own precinct was not working, again, for the second election in a row, I was told I'd have to cast a provisional ballot on the "disabled-accessible" e-voting system at the other "precinct," in the same polling place, in the same room, as my own "precinct."

The machine had been down all day, and nobody had come out to replace or repair it, even though the county had been called early in the day and told about the problem. Last election, on Super Tuesday, the machine was also broken, and none of the poll workers would touch it, due to exposed wires.

This time, despite asking to vote in a specific party's open primary, I was given a non-partisan audio ballot to compound the fiasco when I tried to vote provisionally on the other "precinct's" e-voting system that was up and running, even though not a single voter had used it in either this, or the previous election.

The voting went smoothly enough --- even if it took 20 minutes to move through the short audio ballot, shorter than usual because it was a state primary, and because I wasn't allowed to vote in partisan races for some reason --- at least until it misprinted my selections, which I had confirmed as correct while actually moving through the audio selections.

Luckily, after noticing that the e-voting system had printed my ballot incorrectly, I was allowed to VOID that ballot, and this time chose to vote on a regular, hand-marked paper ballot instead. My hand filled in the ballot far more accurately than the computer did.

That night, I alerted officials at the CA Sec. of State's office and L.A. County's acting Registrar of Voters, Dean Logan, about the problem, and the machines and ballots in question were isolated for testing. Whether someone who wasn't a loud, muckracking journalist, specializing in issues of election integrity, would have had that kind of quick service, I can't tell you.

Logan promised the machine would be tested, and the SoS office promised to follow the testing closely.

Earlier this week, Logan sent me an update via email, with photos, on what the investigation had so far found. The problem, Logan wrote, is being attributed to the "human error" of the poll workers who, he says, entered incorrect information into the e-voting system when setting up my ballot for me to vote.

Logan's complete email, detailing the findings of the cursory investigation to date, follows below, along with my email in response to it. As you'll see, the all-too de rigueur "human error" excuse does not sit well with me...

From the St. Petersburg Times...

And yet, we're often told by voting machine companies that viruses can't get into these systems. Then there are the election officials who have bought into these systems, yet know nothing about them, who respond to the public and the media as if they do, regularly making ridiculous claims that such problems can't happen because "at no time are our systems connected to the Internet."

Whether they are or aren't, it's an absurd response. Malicious software can get into the system any number of ways, via non-Internet networking, USB thumb drives, etc. It can then undedectably affect an election without detection.

In the Summer of 2006, after my organization, VelvetRevolution.us, was given a Diebold touch-screen system from an insider source, we loaned it to Prinecton for testing and they were able to insert a vote-flipping virus via the memory card which could pass itself from machine to machine and flip an entire election without detection.

And, of course, on the first day of Early Voting in the now-infamous FL-13 Congressional race in 2006 where 18,000 votes mysteriously and still-inexplicably disappeared, a malicious viral worm took down a key part of the network infrastructure on which the registration system ran, grinding voting to a halt that day.

Similarly, exclusively reported thereafter, the scientists who studied the ES&S voting machines used in that FL-13 election discovered that the ES&S touchscreen systems --- used in some 16 different states --- were also vulnerable to the same type of virus that Prinecton was able to insert into the Diebold machines. To this day, despite being told about it by the scientists who discovered the problem, the U.S. Elections Assistance Commission (EAC) refuses to warn jurisdictions that use the same machine model about its vulnerability, even though it was described as potentially even more serious than the one discovered in the Diebold systems.

Other than that, everything's fine. Nothing to see here. Move along, folks.

-- Brad Friedman, The BRAD BLOG

As a fairly well-known Election Integrity journalist who has personally covered, for years, the myriad election woes of thousands (if not millions) of voters around the country who have tried to bring seemingly endless stories of votes flipped on e-voting systems to the attention of officials, these stories always continue to be remarkable to me, even if not to many others in the rest of the mainstream media.

It's even more troubling when one realizes that so little ever seems to be done in light of so many of these horror stories, as those very same failed systems are still deployed across the nation, with little or no modification to correct the mountains of documented problems even now, as we head towards an election likely to be of historic proportions this November.

What follows is yet another one of those stories, where a voter had vote selections flipped by the electronic voting system, such that candidates were chosen other than the ones intended to be selected by the voter, though no fault of his own.

But this time, the voter is me.

Though I've covered so many of these stories, it was nonetheless remarkable to see it happen before ones very eyes, as occurred yesterday when I voted here in Los Angeles during our very low turnout California state Primary election.

The ES&S electronic voting system that I used to try to vote on yesterday, ended up flipping a total of 4 out of the 12 contests and initiatives for which I had attempted to vote.

Right before my very eyes, the computer-printed ballot produced by the voting system I was using, incorrectly filled in bubbles for four of the races I was voting in. Had I not been incredibly careful, after the ballot was printed out, to painstakingly compare what was printed to what I actually voted for, I'd have never known my votes were being given to candidates I did not vote for.

Had I been a blind voter --- as the system I was using is largely intended for use by the disabled --- I would have cast my ballot without having a clue that a full 40% of the votes I'd tried to cast for various California Superior Court judges were flipped to other candidates...

There was a very low-turnout state Primary Election in New Mexico today. And yet, it brought more November tea leaves....

Last we had checked (and no time to re-check for the moment), ES&S ran the voter registration system in NM. During the state's Democratic Caucus last February, thousands of voters were reportedly dumped from the newly-privatized voting rolls. If you live in New Mexico, or anywhere else, please check your voter registration status soon!

See the full article for details on today's failures in other counties across the state.

By all means, let's not pay attention to this report until after November.

This is a follow-up to several previous items we ran last week (here, here and here) on a number of elections in Arkansas where the outcome was reversed after the lucky discovery of mistallies on the ES&S electronic voting system which failed widely in a number of counties during local primary elections there last week.

Here's the latest explanation, most notable passages excerpted below, on what went wrong in Faulkner County's very low turnout election for their District 45 State Representative Democratic Primary in which voters casting ballots in the Cadron Township Constable race had their votes recorded erroneously for the Dist. 45 State Rep race instead.

While these same touch-screen voting systems, the ES&S iVotronic, are widely used across the country, and have failed notoriously in a number of races over the years, and thus, theoretically prone to the same or worse failures this November when the turnout will be far higher, the full article by Joe Lamb in Arkansas' Log Cabin Democrat notes two more additionally chilling points:

• "[T]he votes for the constable race were later found to have recorded accurately on the voter-verifiable paper trail and therefore would not have appeared erroneous to voters either." (Which means there also would have been a fight, in any contested recount, about which numbers actually reflected voter intent!)

• "What makes the situation all the more baffling, [Faulkner County Election Commissioner Bruce Haggard] added, is that the machine in question, along with its associated software and coding, were found to have worked to perfection during early voting." (So pre-election tests and early voting gave no indication that something would go wrong on election day, despite election official and voting machine company claims that such tests protect against such problems!)

Full article here, most notable extended excerpts follow below...