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...

And still another complaint registered against DRE/touch-screen voting systems. It's Diebold's turn again this time. According to the Dayton Daily News...

The avalanche of these types of complaints and lawsuits is just beginning, people. Will Congress and Elections Officials figure it out any time soon?

In any case, it doesn't look like Montgomery County's Election Director, Steve Harsman, has joined the rest of us here in Reality Land yet.

Even after the story linked above detailed a member of the board of elections who "said the machine he used would not record his vote" properly, Harsman told the paper that "he believes most of the problems can be explained by voters unfamiliarity with the new machines, rather than equipment failure."

The BRAD BLOG begs to respectfully disagree with Harsman. We believe most of the problems can instead be explained by Mr. Harsman's overfamiliarity with the bullshit he's been peddled by Diebold, in addition to a complete Election Director failure.

E-Voting - Game Over. We win. They lose. Move on. Get over it. The only question now is how long it takes them to get it and how many more elections jerks like Harsman are willing to see trashed (and how many voters he's willing to trash along the way.)

(Hat-tip BRAD BLOG commenter "A Concerned Citizen")

Whaddaya know? Yet another confirmation by the non-partisan GAO on Wednesday, in yet another sure-to-be-ignored report, that our voting systems across the country are a hellish patchwork of un-overseen technological mayhem and disaster. This latest is entitled "ELECTIONS: All Levels of Government Are Needed to Address Electronic Voting System Challenges" [PDF] and was presented at a Congressional oversight hearing yesterday on "Ensuring the Integrity of Elections."

But what are the chances that anyone will bother to notice either the report or the hearing? (We're talking to you, Mainstream Media!)

So far this article, and the one I've published over at ComputerWorld this morning, are the only ones to have done so.

My report opinion piece over there today offers details and analysis of that new report, and how it underscores --- yet again --- that our increasingly complicated system of voting in America would be immeasurably and immediately simplified by doing away with all dangerously disenfranchising, demonstrably unreliable, historically inaccurate, and easily hackable Direct Recording Electronic (DRE, usually touch-screen) voting systems.

(Sidenote: If you haven't already, take action to demand that Rep. Rush Holt's new, but dangerous, Election Reform bill be amended to ban all DRE voting systems by emailing Congress here and calling your legislative members here!)

My CW article today also points to earlier ignored GAO reports --- covered only by The BRAD BLOG when they were released --- but again referred to in the latest GAO report and worth underscoring here again, since few noticed the first time. To wit:

Hello? [Thump-thump] Is this thing on?...

One last point to recommend my piece over there today: It offers fresh criticism of the EAC's latest woeful claim ("We can't decertify something we didn't certify"), and a related hint or two at an upcoming long-in-the-work investigative report we've been working on at The BRAD BLOG.

There's your tease. My full ComputerWorld article is here...

*** Special to The BRAD BLOG
*** By Guest Blogger Jim Cirile

Clint Curtis just won’t roll over. And that, fellow Americans, is a very good thing.

Curtis came to prominence a few years back when The BRAD BLOG broke the story of his blowing the whistle on Republican congressman Tom Feeney (FL-24) who, as Curtis alleged in a sworn affidavit, asked him to write an election-rigging software prototype when both men worked at the same Oviedo, FL, software firm in 2000. Curtis was a programmer, Feeney was then Speaker of the Florida House as well as the general counsel and registered lobbyist for the company, Yang Enterprises, Inc. (YEI)

A lifelong Republican, Curtis did as asked, believing the program was meant to be used to prevent election tampering by Democrats. When he learned the true purpose was to manipulate the vote in South Florida, Curtis went to the authorities and finally to the public. The BRAD BLOG has been following his story closely ever since.

Last year Curtis, who switched to the Democratic party in the wake of his experience and others like it with Feeney and YEI, challenged the powerful Feeney on his own turf --- he ran against him for the U.S. House seat in Florida’s 24th district, where Feeney had ascended in 2002.. Feeney's campaign against Curtis was as slimy as expected, with the powerful Republican friend of DeLay, Abramoff, and the whole bunch spending big bucks on a smear campaign in hopes of painting Curtis as a wacko conspiracy theorist, despite years of evidence shoring up Curtis’s original claims – including his successful passing of a polygraph test – and one report after another revealing massive holes in the claims of innocence by both Feeney and YEI.

Despite pre-election polls, including one from Zogby International, Inc., just prior to the election, showing the two men to be in a statistical dead heat, Feeney defeated Curtis 58% to 42% according to Florida’s officially certified election results.

But Curtis smelled a rat. Backed up by polling and his remarkable online vote verification tool, VoteNow 2006, he refused to concede. His race is now one of five challenges (four of them from the state of Florida, including the well-known FL-13 Jennings/Buchanan contest) currently pending in the U.S. Congress as having been filed under the Federal Contested Elections Act.

We spoke with Curtis late last week about what’s going on with those challenges, about his ongoing efforts to lobby Congress to finally bring reform to our broken election system, his experience with the Democrats "50 State Strategy," and whether he plans to run against Feeney again in 2008.

Suffice to say, like those three gals from Texas, Clint Curtis isn't "ready to make nice" either…

Two media statements released from members of the U.S. House Judiciary Committee indicate that subpoenas will soon be issued in the matter of the allegedly coerced firings of U.S. Attorneys in the Department of Justice. A vote will take place tomorrow in the Subcommittee on Commercial and Administrative Law on whether to issue the subpoenas to Justice Dept. officials Carol Lam, David Iglesias, H.E. Cummins, III, and John McKay to compel them to appear before a subcommittee hearing next week.

As well, The BRAD BLOG has learned the Judiciary Committee will also hold hearings next week on matters related to "Election Reform and Irregularities."

According to a Committee staffer, "subpoenas will be issued" tomorrow in the U.S. Attorney matter. If so, it would be the first time the Democrats have exercised their newly-gained subpoena power since wresting control of Congress from Republicans...

"We were looking for any impact the change to paper ballots may have had on New Mexico’s historically high undervote rate. When we found the dramatic drop in Native American precincts, we were shocked," says New Mexico's Theron Horton. The Election Defense Alliance (EDA) activist added, "something was going on with the DREs in those precincts in 2004."

Something indeed.

Details now out from New Mexico reveal that undervote rates dropped precipitously in both Native American and Hispanic areas after the state moved from DRE (Direct Recording Electronic touch-screen) voting systems in 2004 to paper-based optical-scan systems in 2006. In Native American areas, undervote rates plummeted some 85%. In Hispanic communities, the rate dropped by 69% according to the precinct data reviewed by EDA, VotersUnite.org and VoteTrustUSA.org.

Ellen Theisen, then-Executive Director of VotersUnite.org, reviewed the original high undervote rates in the state after the 2004 elections, but hadn't broken it down to compare DRE/touch-screen vs. Op-Scan precincts. "When I heard of Theron’s work," Theisen says in today's press release, "I performed the comparison, and found that it’s the paper ballots that made the difference in the minority precincts.”

New Mexico banned the use of DREs across the state after their disastrous experience with Sequoia touch-screen voting machines during the 2004 Presidential Election. They now require a paper ballot for every vote cast statewide.

As he signed the bill which banned DREs into law in early 2006, New Mexico's Gov. Bill Richardson wrote a letter to Election Officials in all 50 states, warning that while "some believe that computer touch screen machines are the future of electoral systems...the technology simply fails to pass the test of reliability."

"One person, one vote is in jeopardy if we do not act boldly and immediately," Richardson implored, while decrying the failures of DREs in his state and supporting paper ballots. "When a vote is cast, a vote should be counted," he wrote.

The BRAD BLOG has reported on the urgent need to ban disenfranchising DRE voting systems --- with or without a so-called "paper trail" --- from all American elections.

Here's an easy to understand graph from the short, two-page report [PDF] published on the New Mexico data over the weekend along with the raw data at VotersUnite.org:

Any questions?

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...

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...

Guest Blogged by Ken Simpkins

ED NOTE: Over the last nine months or so, along with attorney Paul Lehto, Carlsbad, CA attorney Simpkins has filed a number of voter lawsuits in San Diego in his continuing attempt to help bring accountability to the unaccountable San Diego County Registrar of Voters, Mikel Haas and his atrocious elections administration. Those suits included complaints and appeals in the now-infamous Busby/Bilbray Special Election as well as voter lawsuits brought both before and after last November's General Election in San Diego.

After being stonewalled by the San Diego County Registrar of Voters Office on requests for recounts, information regarding the right to vote on paper ballots, and the results of an audit of the November 2006 election, citizens are taking action. Last Thursday, a complaint [PDF] was submitted to the new California Secretary of State, Debra Bowen, addressing voters’ concerns. Secretary Bowen was voted into office on the promise of cleaning up elections.

SD County's Registrar of Voters, Mikel Haas, has attracted the attention of The BRAD BLOG for many months as "one of the worst elections officials in the country." His policy of sending pre-programmed, election-ready Diebold voting machines home with poll workers weeks in advance of elections, without any training on security or assurance that the machines would be held in a secure environment, likewise attracted the ire of many San Diego County voters. Those same voters are signing a petition urging the Secretary of State to investigate the allegations in the complaint and report on the findings. I urge you to sign it as well.

The complaint reports on the violations of the certification requirements under state and federal law, the failure to properly test the machines pursuant to official procedures, the policy of undermining the right to vote on paper ballots, and the disregard of basic auditing principles in conducting the required one percent manual tally.

The voting machine "sleepover" policy is one example of the disregard by the Registrar of Voters of the proven vulnerabilities of the Diebold machines, which can be hacked in one minute and made to change the outcome of an election. In defending the sleepover policy, Mr. Haas points to the "tamper-evident" tape used to seal the memory card compartment as sufficient security against fraud. But, when one observer discovered on election day that the tape had been removed from the machines at two precincts, and reported the violation of the certification requirements to Mr. Haas, he refused to take the machines out of service and allowed voters to cast their votes on the then-uncertified machines...

Blogged by Brad from the road...

As is too often the case, the proverbial shit seems most likely to hit the erstwhile fan whenever we're on the road and unable to cover the splatter sufficiently. This week has been no exception.

There is much movement in Ohio today as Michael Vu, the Election Director for Cuyahoga County, where two Election Officials were convicted two weeks ago of having rigged the 2004 Presidential recount, has now finally resigned from the Board of Elections after what is hopefully his last failed election.

The official BoE statement generously says: "Michael Vu has chosen to pursue future career growth and will resign as director of the Cuyahoga County Board of Elections March 1 of this year."

In related news --- and speaking of failed elections and "future career growth" --- the office of the new Ohio Secretary of State, Jennifer Brunner, has now officially requested an audit of the SoS's office over the last two years as it was led by the corrupt former SoS and democracy-hater J. Kenneth Blackwell.

In addition to the $80,000 in bonuses given to employees on the way out the door, and the $250,000 settlement Blackwell agreed to concerning the 2004 Election last December (as we reported two weeks ago), Brunner expressed a new concern in her hand-delivered letter to the Republican State Auditor Mary Taylor: Shredded documents.

As reported today by the Columbus Dispatch:

Blackwell shredding documents?! We're shocked! Shocked!

LATE UPDATE: All the audio archives of my Guest Host stints last week on the Malloy and PBC shows are now available here for your listening pleasure...

========

Today's special live Townhall BradCast from AZ is sponsored by AuditAZ.org, Arizona Advocacy Network, VelvetRevolution.us and 1480 KPHX Phoenix's Air America/Nova M affiliate!

A great show lined up! Tune in to find out if I'm telling the truth or not and feel free to use this item as an Open Thread while we trash Peter B. Collins's good reputation! (While the mouse is away!)

If your local affiliate doesn't carry the PBC show, Listen online here or here

Call in at 1-888-5-PeterB! More details back here on today's show!

If you're in the Phoenix area, join us at the Plumbers & Pipefitters Union Hall, 24th St. & Earl (1 block N. of Thomas) from 4pm-7pm AZ time!

Blogged by Brad from on the road...

There were a number of notable updates added, in the subsequent 24 to 48 hours after we published our piece on the idiots at Diebold who gave away the keys to the kingdom (literally).

The story, btw, shot to the top of a bunch of sites --- no easy feat for an Election Integrity-related story which doesn't feature Ann Coulter --- and was even picked up by the rightwing "news" site, WorldNetDaily who (unlike CNet's coverage, tsk tsk) gave us the appropriate attribution. Should I be pleased or horrified?

Anyway...As we reported initially, Diebold --- incredibly --- posted a picture of the actual key which --- incredibly --- opens all Diebold touch-screen voting systems on their website. Not so incredibly, the photo was subsequently used to hack the key and create working duplicates by an IT expert. Just the latest jaw-dropping chapter in the incredible series of blunders by one of America's largest, and most irresponsible, voting machine companies...the same ones who are --- incredibly --- contracted to protect the U.S. Constitution and Declaration of Independence at the National Archives and who, in early January, --- incredibly --- received certification from George W. Bush's U.S. Homeland Security department for high-security contracts.

As the notable updates to the original story came after you may have read it, but they deserve to be noticed, we re-run them here in full just to make sure everyone is able to play along at home and that Diebold enjoys the maximum amount of shame that they've worked so hard to earn.

Read on. Watch Diebold run. Be amused or horrified as you see fit...

From AP...

Golly. We're shocked. We wish we would have paid closer attention to that whole 2004 Ohio Presidential Election scam thing instead of ignoring it all these years.

Oh, wait, that was just about everyone else other than The BRAD BLOG, across the near-entirety of both the MSM and the bulk of the Progressive blogosphere.

That aside...as pointed out in the article, the two who were convicted in Cuyahoga County were still pretty small fish...

By way of reminder, the recount --- the one that was rigged by Ohio Elections Officials --- came by way of the Green and Libertarian Party candidates, not by way of the Democrats or John Kerry. As well, the money to pay for the gamed recount was raised by folks on the Internet, not paid for out of the $15 million or so that Kerry reportedly had left in his campaign war chest after the "Election" in Ohio.

All of that, despite Kerry's continued and then broken promise to "Count Every Vote" in 2004.

These convictions occurred in Cuyahoga County, a Democratic stronghold of some 600,000 voters. Kerry "lost" the state of Ohio, according to the history books anyway, by just 118,000 out of some 5.5 million votes cast in the Buckeye State.

In related news, today Kerry decided to quit the 2008 Election, mercifully this time before it instead of afterwards.

Ed Note: Several important updates now added to the end of the story...

Good lord in heaven. How dumb are these guys at Diebold?! Can you believe the United States has actually entrusted them to build a security system for the original U.S. Constitution, the Declaration of Independence and the Bill of Rights?!

After everything else... now comes this.

It was revealed in the course of last summer's landmark virus hack of a Diebold touch-screen voting system at Princeton University that, incredibly, the company uses the same key to open every machine. It's also an easy key to buy at any office supply store since it's used for filing cabinets and hotel mini-bars! That is, if you're not a poll worker who already has one from the last time you worked on an election (anybody listening down there in San Diego?).

The Princeton Diebold Virus Hack, if you've been living in a cave, found that a single person with 60 seconds of unsupervised access to the system, who either picked the lock (easy in 10 seconds) or had a key, could slip a vote-swapping virus onto a single machine which could then undetectably affect every other machine in the county to steal an entire election.

But the folks at Princeton who discovered the hack (after our own organization, VelvetRevolution.us, gave them the Diebold touch-screen machine on which to perform their tests) had resisted showing exactly what the key looked like in order to hold on to some semblance of security for Diebold's Disposable Touch-Screen Voting Systems.

But guess what? Diebold didn't bother to even have that much common sense.

This idiotic company has had a photograph of the stupid key sitting on their own website's online store! (Screenshot at end of this article.)

Of course, they'll only sell such keys to "Diebold account holders" apparently --- or so they claim --- but that's hardly a problem. J. Alex Halderman, one of the folks who worked on the Princeton Hack and tried to keep the design of the key secret for obvious reasons, revealed Tuesday that a friend of his had found the photo of the key on Diebold's website and discovered that was all he needed to create a working copy!

As Halderman writes...

Guest Blogged by John Gideon, Executive Director, VotersUnite.Org

In the weeks following last November's mid-term election, the U.S. Election Assistance Commission (EAC) sent retiring Commissioner Paul DeGregorio out to cheerlead and to make the voters feel warm and cozy about the election.

The Commissioner keeps telling the voters that we should have confidence in the election process. He constantly states that everything worked just fine except for isolated incidents. Meanwhile, he ignores the facts about failures that happened across the nation. He ignores data such as that which is reported in "E-Voting Failures in the 2006 Mid-Term Elections" written by VotersUnite, VoteTrustUSA, VoterAction and Pollworkers For Democracy.

Early last week Commissioner DeGregorio had an Op-Ed posted by a McClatchy-Tribune News Service newspaper in Mississippi. In this Op-Ed he opens with the following paragraph:

My immediate attention was brought to the mention of an exit poll which showed that 98 percent of voters had a confidence level not seen since before 'Election 2000'. This was news to me and I wanted to see this exit poll so I sent an email to the EAC's spokeswoman, Jeannie Layson:

Here is the remarkable response I received back from Ms. Layson...