More bad news for a voting machine vendor. This time the California Secretary of State’s office has announced that they have settled their lawsuit against ES&S. It was back in 2007 that the state discovered that ES&S had ignored state laws and sold uncertified voting machines to some counties as if they were certified. CA filed a $15 million lawsuit against the company, and now ES&S has agreed to provide $3.2 M to the state’s coffers by way of settling the suit.

Will it make any difference in the long run? Probably not. ES&S will continue their past bad business practices and many of their customers will continue thinking they only have the choice provided by ES&S....

Need more proof that the vendors have made elections expensive? The folks in Vigo Co Indiana find themselves having to hold a special election for mayor of Terre Haute, a city of over 44,000 voters. The county would probably pay for the election and then be reimbursed by the city. The last municipal election the county paid for cost $580,000. The cost for one race in the city would probably be something less than that.

Why so much? The county pays ES&S to manage the voting machines. What would happen if the county or city just decided to print the ballots and hand-count them? Well, the ballots would cost around $0.05 per ballot or around $3500. The cost to hand-count those ballots, based on the cost to hand-count ballots in WA in the 2004 gubernatorial hand-recount would probably be less than $10,000. Why is it that we have these vendors involved in making our elections much more expensive than they should be? ...

Today we have reports that ES&S software actually flipped votes in three races at one polling place in Crawford Co., Kansas. We also have reports that ES&S software incorrectly reported results in one race in Polk Co., North Carolina.

The long count of votes in Hillsborough Co., Florida, seems to be over with the blame for problems being put, where else, on “human error.” It seems that Premier/Diebold had warned Florida users of their high-speed OSX voting machines that those machines could not take a high-volume of ballots without bogging down and causing problems. Hillsborough ignored that warning. However, why would a vendor put out a system for use in elections that cannot be used in a high-volume of ballots. King Co., Washington, wanted badly to use that system. If they had it would have been a disaster....

As we suspected tabulation of ballots has revealed problems with voting systems from all of the vendors. Hillsborough Co Florida is rethinking their contract with Premier/Diebold for $6M after having big problems counting votes. Manatee Co Florida also had a problem with Premier. Palm Beach Co had bad memory cartridges from Sequoia. Counties in Pennsylvania and South Carolina had problems with their ES&S system. We also have a run-off for senator from Georgia and a recount for senator from Minnesota. This election will last for another month at least....

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...