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Latest Featured Reports | Sunday, September 21, 2014
Resignation or Impeachment Would Be a Gift for Wife- Beating Judge Mark Fuller
2012 documents suggest years of repeated domestic abuse, of two wives and children by federal judge with lifetime appointment...
ACLU Files Emergency Petition to Halt 'Electoral Chaos' in WI
Seeks full 7th Circuit hearing after remarkable three-GOP judge ruling reinstating Photo ID restrictions just weeks before election...
'Green News Report' 9/18/14
  w/ Brad & Desi
DiCaprio takes climate role at UN; Jindal plays dumbest role yet; Fracking confirmed (again) to contaminate; Black lung coal disease on rise; PLUS: Polluter front groups newest attack...
Previous GNRs: 9/16/14 - 9/11/14 - Archives...
Oil & Water: KPFK 'BradCast'
BRAD BLOG's Desi Doyen sits in for Brad with guests Matthew Heberger on water wars, David O. Atkins on CA's latest fracking fight, and Margot Paez on Mars!...
Audio of 911 Call from Judge Mark Fuller's Wife as She's Heard Repeatedly Struck
MSNBC's Chris Hayes plays horrifying audio from the wife-beating incident of Federal Judge Mark Fuller; ALSO: calls for accountability from two Alabama U.S. Congresswoman...
Bobby Jindal: Climate Denier, Boy Genius
Louisiana's governor and pretend 2016 GOP Presidential hopeful pulls the old 'I know you are, but what am I?' maneuver by calling the Obama Administration 'climate deniers'...
'Green News Report' 9/16/14
  w/ Brad & Desi
Hottest year on record in CA, hottest Aug. on record for planet; Record hurricane hits Cabo San Lucas; Warm-water fish found in Alaska; PLUS: Burlington, VT now 100% renewable!...
Previous GNRs: 9/11/14 - 9/9/14 - Archives...
Wife-Beating Federal Judge Finally Mentioned on MSNBC
MSNBC contributor asks about lack of outrage, impeachment for federal judge Mark Fuller who beat his wife bloody in August...
Outrage Slowly Grows After Wife-Beating Federal Judge Avoids Prosecution
Fellow GOP District Court judge calls for accountability, says 'no one should trust Mark Fuller's judgment in a federal trial courtroom'...
GOP PHOTO ID RESTRICTION LAW RESTORED IN WI
Republican voter suppression laws getting huge boosts from GOP-appointed federal judges in NC, where 100s recently disenfranchised, and now in WI, in advance of critical mid-terms...
Not Taking the ISIS Bait
The media and the U.S. Government have decided to give the latest barbaric idiots to rise up in the Middle East all the publicity they crave, despite the 'exaggerated' threat posed to the U.S., or even in the region. We're not interested in playing along...
'Green News Report' 9/11/14
  w/ Brad & Desi
Greenhouse gas emissions jump at record rate; Australia's emissions soar after carbon tax axed; Oceans acidifying at historic rate; PLUS: Some good news: Ozone Hole begone!...
Previous GNRs: 9/9/14 - 9/4/14 - Archives...
Accountability for Judge Fuller?; O, Mighty ISIS!:
KPFK 'BradCast'
Will Alabama's wife-beating U.S. District Court Judge face impeachment? Plus: Callers, lots of 'em, on what to do about ISIS...
Wife-Beaters: Rice Loses Job; Judge Fuller Continues Lifetime Appointment
America was outraged by the NFL superstar. So, what about Alabama's federal judge who beat his wife bloody and is now off scot-free?...
'Green News Report' 9/9/14
Floods: Catastrophic in Pakistan, Historic in Phoenix; Hillary on Global Warming; Rand Paul dismisses; PLUS: Lobster Boat Blockade wins!...
GA GOP State Senator: Too Many Black People Will Vote in DeKalb County!
Vows to close 'election loophole' allowing convenient Early Voting in area 'dominated by African Americans'; UPDATE: Says just wants 'more educated voters'...
GOP Allows 'Citizens United' Amendment to Move Forward, Will Vote Against
Koch Brothers' beneficiary Sen. Rand Paul wouldn't even allow that much...
NYT Public Editor Calls Out Paper for Phony 'Balance' on 'Voter Fraud', Global Warming
Margaret Sullivan's no weasel (unlike a predecessor). She's calling out the 'paper of record' again for misreporting on GOP myths...
Siegelman's Judge Strikes Deal to Avoid Trial After Beating Wife Bloody
U.S. District Court Judge Mark Fuller to have record expunged following drug/alcohol evaluation, domestic abuse counseling...
ObamaCare 'Nightmare': 2015 Premiums Rates to DECLINE in Many Major Cities
This whole 'tyrannical government takeover of health care' thing is really a disaster...for Republicans...
Federal Judge Orders Restoration of Early Voting Hours in OH -- Again
'Ohio GOP keeps trying to cut early voting and federal courts keep striking the cuts down'...
'Green News Report' 9/4/14
Accountability for BP in Gulf Oil Spill Disaster and for PG&E in deadly pipeline explosion; CA bans plastic bags, regulates groundwater for first time in history...
The Corruption of U.S. District Court Judge Martin Feldman: KPFK 'BradCast'
GUEST: Attorney and BRAD BLOG legal analyst Ernest A. Canning...
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...


Big Doings in the Buckeye Today...
By Brad Friedman on 2/6/2007 3:48pm PT  

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:

Brunner cites five major concerns that prompted her request, including the revelation that a member of her transition team witnessed "many shredding machines in operation" while Blackwell was in office — and those machines are no longer in the office.

"We hope that this does not affect your ability to perform the complete and thorough audit that we request," Brunner wrote.

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

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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!... ---

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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!... ---

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The EAC and Its Outgoing Commissioner Paul DeGregorio's Campaign to Plant Misinformation in the American Media...
By John Gideon on 1/16/2007 6:05am PT  

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:

The 2006 election was a success: Most of the millions of Americans who cast their ballots did so with confidence. Despite some isolated problems, exit polls showed that in 98 percent of U.S. jurisdictions, the process worked so well that voter confidence rose to levels not seen since before Election 2000.

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:

To: jlayson
From: John Gideon
Subject: DeGregorio Op-Ed
Cc:

In the op-ed that Commissioner DeGregorio has written for the McClatchy-Tribune News Service he says, "Despite some isolated problems, exit polls showed that in 98 percent of U.S. jurisdictions, the process worked so well that voter confidence rose to levels not seen since before Election 2000."

Who conducted that national exit-poll and where are the results posted? I think that is an important piece of information and would like to discuss it with my colleagues and perhaps write an article on the results.

I'm a little surprised that the EAC considers over 18,000 under-votes in Sarasota Co., Florida as an isolated problem. Or over 18,000 voters walking away without voting in Denver, Colorado. Or the just revealed news that Sequoia and David Orr in Chicago/Cook Co. have admitted to failures, including using voting equipment that was never tested, that cost voters their voices. Or any of the 1022 incidents in over 300 jurisdictions in 36 state that were reported in the VotersUnite/VoteTrustUSA/VoterAction/Pollworkers For Democracy report on the recent election.

Thank you

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

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

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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?

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ADDITIONAL MATERIAL: Details of Attorney Oral Arguments Concerning Whether the U.S. Congress Can Overrule State Election Laws Simply by Swearing Someone In
Also, Updates on Some of the Sad Players...Some Gone, Others (Hopefully) on Their Way Out...
By Brad Friedman on 1/10/2007 11:05am PT  

Yes, like the Energizer Bunny, the case in CA50 (Jacobson v. Bilbray) is still going. The first oral arguments on the appeal took place on Monday.

To recap: the original case was filed last Summer by San Diego voters Gail Jacobson and Lillian Ritt against then-candidate Brian Bilbray and SD County Registrar of Voters/Voter Hater Mikel Haas, after a BRAD BLOG report revealed that pre-programmed, election-ready, hackable-in-60-seconds Diebold voting machines were sent home illegally (in our rarely humble opinion, though one shared in a recent interview by California's new Secretary of State Debra Bowen) with poll workers on overnight "sleepovers" days and weeks before the U.S. House Special Election last July to replace the disgraced Randy "Duke" Cunningham.

There is much more than just the "sleepovers" at question in the case, like the fact that Haas, one of America's worst Elections Officials, arbitrarily and capriciously quoted a legal request by voters for a hand-count in the race at $150,000, effectively stymieing the possibility that such a count would happen at all. Also at issue is the fact that the case was tossed out by a lower court judge after the Bilbray team argued --- with the help of a letter [PDF] from the then-Republican U.S. House Admin Committee in Congress --- that California courts and voters had no say over the issue.

In that letter, the House Admin Committee argued that they, not the California courts or voters, had sole jurisdiction over the case once Bilbray was sworn in. He was sworn in after a fax was sent claiming he was the winner of the election, from the very partisan and now-former CA SoS Bruce McPherson's deputy, Susan Lapsley. Lapsley sent the fax just days after the election, despite the controversy that had erupted over the effectively-decertified voting systems used in the race, the slim reported margin between the two candidates, and the fact that the state hadn't yet actually certified the race, in which tens of thousands of votes in San Diego county had yet to be counted at the time.

Attorney Paul Lehto, working with Carlsbad attorney Ken Simpkins, filed both the original case and the appeal. UPDATE: We've now got a number of accounts of the argument from folks in the courtroom on Monday.

First, Simpkins sends us the following update (which is shorter than our recap) from the first day of hearings last Monday in the appellate case...

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

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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!... ---

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Federal Commission Admits There is Paperwork on 'Barred' Voting Machine Testing Lab, Will Release 'When the Process is Complete'
Lab Was Secretly Refused Credentials in July, State and Local Voting Officials Were Kept in Dark Throughout November Elections Until NYTimes' Revelations...
By John Gideon on 1/9/2007 4:20pm PT  

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

Moving the ball forward a bit in regard to New York Times' stunning report last week that Ciber was refused interim accreditation last July. I've been able to learn a bit more about the existence of the paperwork concerning that denial of accreditation.

The refusal, according to the Times front page exclusive last week, was due to an inspection the Elections Assistance Commission (EAC) conducted at the lab. Ciber is one of the three e-voting test labs or Independent Testing Authoritys (ITAs) which are paid by the Voting Machine Companies themselves to test their hardware and software prior to federal certification.

But contradictions have been flowing from the EAC in the considerable fallout from the Times report which revealed the commission not only failed to accredit Ciber, they also failed to tell the public, or even state and local Elections Officials who used the systems approved by Ciber for last November's election. What nobody --- except the EAC knew --- was that, according to the Times Ciber "was not following its quality-control procedures and could not document that it was conducting all the required tests."

While at first the EAC had denied there was any paperwork documenting the reasons why they had denied interim accreditation to Ciber, I've now been able to learn from an EAC source that such paperwork actually exists. The EAC has simply, again, withheld it from the public. So far. I was then able to get confirmation about it from an EAC spokesperson, along with a hint as to when the world might get to see the actual reasons they withheld accreditation from the private testing lab...

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

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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.
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Two Media Releases Issued On the Conditional Seating of U.S. House Candidates
By Brad Friedman on 1/4/2007 4:11pm PT  

Two groups have issued media releases concerning the provisional seating of Congressional candidates in the U.S. House.

Both releases laud Congressman Rush Holt (D-NJ) for championing the challenges in the U.S. House.

The first one, issued yesterday by a representative from the Democratic Clint Curtis campaign, points out that there are four Florida elections being contested in the House under the Federal Contested Elections Act, including Curtis's race in Florida's 24th district against the corrupt Republican Tom Feeney (whose violation of House travel rules seems to have been discovered by the Ethics Committee last summer, but was only announced yesterday along with a gentle rap on the wrist and a polite request that he cough up the money equivalent to what Feeney estimates was paid by Jack Abramoff for Feeney to go and play golf with him in Scotland).

In addition to the FL-24 Curtis/Feeney challenge and the FL-13 Christine Jennings(D)/Vern Buchanan(R) race, the release also states that challenges have been filed in the FL-5 John Russell(D)/Ginny Brown-Waite(R) contest (Update: Tampa Tribune catches up, posts details here.) and the FL-21 Frank Gonzales(D)/Lincoln Diaz-Balart(R) race.

Though they didn't mention those last two races, USA Today reported yesterday that the election in Louisiana's 4th district between Patti Cox (D) and Jim McCrery (R) is also being contested on the allegation that McCrery isn't actually a resident of the district, or even the state.

The second news release is from People for the America Way (PFAW) today and focuses on the Jennings/Buchanan touch-screen debacle in FL-13, where PFAW is one of the groups contesting the election in State court and calling for a revote.

In a comment sent to The BRAD BLOG last night from Holt's office in reply to the Curtis statement, the office says Holt's actions in the House "will focus on Christine Jennings and FL-13, but the ruling will apply broadly." As well, they say that while Holt will be "championing the cause of anyone who has a pending legal or official house electoral contest, the genesis of his involvement is certainly with" Jennings and that he's "more able to attest to the merits of her case."

The fight to ensure that the voice of the voters is heard --- and heard accurately and legally --- continues. Both releases are posted in full below...

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

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By Brad Friedman on 1/4/2007 10:38am PT  

To follow up on a story we covered last October when arrests were made in Orange County, California after it was discovered that "bounty hunters" were being paid per Republican voter registration form they gathered and had switched Democratic (and Green and even non-citizen) voter registration forms to Republican...LA Times is reporting today that sentencing for the first two of the 12 arrested has let the pair off with "time served" and three years probation:

A couple who admitted to their roles in an Orange County voter registration scandal each were sentenced Wednesday to three years' formal probation.

Jason Holly, 36, and Jessica Sundell, 23, were among 12 people arrested last fall and charged with signing up voters during a registration drive that resulted in dozens of Democrats fraudulently being signed up as Republicans.
...
The scandal, which surfaced nearly a year ago, embarrassed the county's Republican Party and underscored problems that can arise with signature-gathering and voter registration campaigns in which the workers are paid by the signature.

Campaign watchdogs have derisively called that practice a "bounty hunter" system.

One of the 12 defendants, Don Williams, remains a fugitive.

The others await court appearances and face up to three years in prison.

AP adds a couple of details on how the scam was perpetrated:

According to prosecutors, the recruiters went to shopping malls and campuses and asked residents to sign petitions for lower taxes or stricter sex offender laws, then tricked them into signing voter registration cards for the Republican party. The registration drive paid up to $10 per registrant.

Neither of the reports went into much detail on exactly who was behind the scheme, aside from statements from GOP spokesmen that they knew nothing about it. Naturally.

(Anybody spoken to Nathan Sproul lately?)

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Action Taken Months Ago But Not Disclosed by Compromised U.S. Election Assistance Commission!
UPDATE: Company Reported to be a Big Republican Donor, CEO Dumped Shares of Stock Just Before Year's End!
By Brad Friedman on 1/3/2007 7:19pm PT  

A front page blockbuster set for tomorrow's New York Times reveals that one of the three approved labs which make up the so-called Independent Testing Authority (ITA) responsible for testing all electronic voting systems prior to certification has been barred from testing by the U.S. Elections Assistance Commission (EAC).

The Times reports that Ciber Inc. was barred from further testing last summer, but that the EAC failed to disclose the information to the public.

Thousands of electronic voting machines "okayed" by the Ciber labs were in use last November, despite what the Times reports as a failure by the company to follow quality-control procedures and an inability to "document that it was conducting all the required tests."

As The BRAD BLOG reported earlier today, thousands of reports of e-voting machine failures were documented across the country in a report released this week by a number of non-partisan election watchdog organizations.

Ciber is one of three companies selected and paid for by the Voting Machine Companies themselves to secretly test their electronic voting systems. The results of the testing by the ITA labs and the documented failures or successes are never released to the public.

As the Times is now reporting on their website:

A laboratory that has tested most of the nation's electronic voting systems has been temporarily barred from approving new machines after federal officials found that it was not following its quality-control procedures and could not document that it was conducting all the required tests.

The company, Ciber Inc. of Greenwood Village, Colo., has also come under fire from analysts hired by the state of New York over its plans to test new voting machines for the state. New York could eventually spend $200 million to replace its aging lever devices.

Experts on voting systems say the Ciber problems underscore long-standing worries about lax inspections in the secretive world of voting-machine testing. The action by the federal Election Assistance Commission seems certain to fan growing concerns about the reliability and security of the devices.

The commission acted last summer, but the problem was not disclosed then. Officials at the commission and Ciber confirmed the action in recent interviews.
...
Experts say the deficiencies of the laboratory suggest that crucial features like the vote-counting software and security against hacking may not have been thoroughly tested on many machines now in use.

“What’s scary is that we’ve been using systems in elections that Ciber had certified, and this calls into question those systems that they tested,” said Aviel D. Rubin, a computer science professor at Johns Hopkins.
...
Even though Washington and the states have spent billions to install the new technologies, the machine manufacturers have always paid for the tests that assess how well they work, and little has been disclosed about any flaws that were discovered.

While The BRAD BLOG has documented myriad failures on electronic voting machines over the last several months and years, we've also documented the dreadful failure of the EAC to perform oversight and the fact that they have been wholly compromised by partisan appointments, including their current (though outgoing) chairman Paul DiGrigorio and have withheld important reports from the public when the information revealed in them was not to the liking of the Republicans who head the committee.

As well, we ran shocking excerpts from an exclusive interview with the first head of the EAC, DeForest Soaries, detailing his unhappiness with both the White House and the Republican-led Congress to properly fund the commission formed by the Help America Vote Act (HAVA) of 2002 to oversee the certification of voting systems and other related matters. Soaries was appointed by George W. Bush and charged, in the shocking interview, that there are "no standards" for the voting equipment in use in America, that the White House and Congress misled him about the commission and "made things worse through the passage of the Help America Vote Act," and that due to underfunding and lack of attention, America now has an "inability to trust the technology that we use" in elections which he says are "ripe for stealing."

The excerpts we ran were from a network news interview with Soaries which was never aired by the network.

UPDATE: Lambert from Correntwire has some excellent details on Ciber's big money ties to the Republican party. He's critical of the Times' failure to point that out given they supplied some $72,000 to Republican candidates between 2001 and 2004. As well, he's got an excellent catch concerning the fact that Ciber's CEO dumped a bunch of stock just before year's end, leading Lambert to ask, "Insider trading, anyone?"

FURTHER UPDATE: Howard Stanislavic detailed a number of flaws discovered in Ciber's testing processes in New York last October at VoteTrustUSA.org. Needless to say, the Times gave him no credit for having beat them to a number of the items they reported in their story tonight. We feel ya, Howard.

(Hat-tip RAW STORY who had the early scoop on the Times story.)

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A Survey of Pollworker and Voter Experience Reveals Pervasive and Recurrent Failures among Computerized Voting Systems
By John Gideon on 1/3/2007 4:14pm PT  

A report [PDF] prepared by civic watchdog groups VotersUnite.org, VoteTrustUSA and Voter Action found the 2006 mid-term elections were marred by persistent and widespread voting machine malfunctions. In preparing the report “E-Voting Failures in the 2006 Mid-Term Elections,” the groups examined data collected from the Election Protection Coalition hotline (1-866 OUR VOTE) and the Voter Action hotline, reports submitted from Election Day pollworkers through the Pollworkers for Democracy project and local and national news accounts collected by VotersUnite.Org.

In all, 1022 accounts of machine related problems from more than 300 counties in 36 states were examined and categorized. The report summarizes and provides contextual and comparative analysis of the difficulties caused by each type of equipment problem, such as machine malfunctions that impeded polls from opening, machine failures at poll closing and vote tabulation, and votes lost or changed on the voting machine screen. It also includes first hand accounts from voters and pollworkers describing the machine difficulties they encountered on Election Day and how the machines hampered the voting process.

The report recounts incidents of voters leaving without casting a vote because the machines would not start or broke down during Election Day. Machines often failed to record the voter’s correct choice on the ballot or summary screen and caused voters to question if their vote was recorded. Several pollworker accounts described problems closing the machines, retrieving vote totals from the computerized systems, and aggregating the totals with software, sometimes counting votes multiple times or failing to count them at all. The report suggests that in some cases votes were lost.

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

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Committee Issues Short Statement, Slap on Wrist for One of Congress's 'Most Corrupt' Members on Last Day Before Democrats Take Over
But Troubles May Just Be Beginning for Florida Congressman...
By Brad Friedman on 1/3/2007 2:03pm PT  

Republican U.S. Congressman Tom Feeney of Florida's 24th District has been ordered today by the House Ethics Committee to pay $5,643 for the cost of a "recreational" golf trip to St. Andrews, Scotland, which he had taken with the now-disgraced lobbyist Jack Abramoff in 2003. The bill had been previously paid for by Abramoff, the committee has found.

The slap on the wrist issued today by the U.S. House Ethics Committee on the last day before the change-over to the new Congress was announced in a terse, one paragraph, bare-bones statement posted to the committee's website. AP reported the matter here. Outgoing defeated Congressman Curt Weldon (R-PA) was also found in violation of House rules and has agree to pay back more than $23,000 in inappropriate gifts.

The findings from the Ethics Committee, however, may be just the tip of the iceberg for Feeney as there continues to be a number of other allegations and claims of misconduct, both new and old, which still hang precariously over the Congressman's head.

The claimed cost of Feeney's Scotland trip, $5,643, was apparently supplied to the committee by the Congressman himself in March of 2005 after the many tentacles of the Abramoff corruption scandal were beginning to reveal themselves. Only after the trip had been reported by the media did Feeney take the matter to the Ethics Commission.

Feeney, who has been named for the second year running as one of the "Most Corrupt Members of Congress" by the non-partisan ethics watchdog group the Committee for Responsibility and Ethics in Washington (CREW), had previously claimed that the trip, and several others, were pre-approved by the House Ethics Committee. As well, he had also originally claimed on his disclosure forms for the Scotland trip that it had been paid for by the National Center for Public Policy. The center has denied paying for the trip and Feeney has supplied no evidence that we're aware of that the Ethics Committee had pre-approved his vacation with Abramoff or any of the others.

In a statement released this afternoon, the National Center for Public Policy Research reiterated their denial of having had anything to do with Feeney's travels, despite continue statements from Feeney's office suggesting that they did. "The National Center for Public Policy Research played no role in this trip," the statement reads, "and only learned of its existence from media inquiries two years after it was taken."

No action has yet been taken on the other questionable vacations, one to Korea which was sponsored by he Korea-U.S. Exchange Council (KORUSEC), a registered foreign agent, and another to West Palm Beach, Florida, which Feeney had listed as having been paid for by a lobbying firm, which would also be a violation of House rules.

According to the Orlando Sentinel today, Feeney’s Chief of Staff Jason Roe --- who has had his own conduct questioned --- said of Feeney: "He’s personally and professionally embarrassed and considering it an expensive lesson."

The "lesson" however, was not all that "expensive" by Congressional standards, and certainly not if the $1.3 million that Feeney raised, mostly from corporate PACs, to spend on his recent campaign might be any indication of the funds that the once-exceedingly powerful Florida Republican has quick and easy access to.

"It's like he robbed a bank and was just asked to give back the money," said Naomi Seligman Steiner of CREW in deriding the light treatment given to Feeney by the commission.

The other two congressmen who had gone on junkets to St. Andrews with Abramoff, Tom Delay (R-TX) and Bob Ney (R-OH), have since resigned in the wake of criminal charges and guilty pleas. The cost for former Republican Majority Leader Delay's trip to Scotland with Abramoff was estimated to have been between $70,000 and $100,000. Feeney is the only Congress member of the three still serving in the U.S. House.

He was recently declared the winner by the state of Florida in the U.S. House race for 24th congressional district where Feeney ran one of the dirtiest --- and most expensive --- U.S. House campaigns in the nation against Clint Curtis, a computer programmer turned whistleblower. In early December of 2004, The BRAD BLOG broke the news of Curtis's affidavit alleging that Feeney was involved in a conspiracy to create electronic vote-rigging software when both men worked for the same Oviedo, Florida, software firm, Yang Enterprises, Inc. (YEI), in 2000. At the time, Feeney was employed as YEI's general counsel and registered lobbyist, even while he served as the powerful speaker of Florida's House of Representatives.

Curtis also charged at the time that Feeney had helped cover up a number of other legal violations by the company, including the employment of illegal aliens at YEI who he claimed had had been spying for Communist China. Curtis also alleged YEI was over-billing on state contracts and had been inserting illegal wiretapping modules into software the firm had been contracted to write for NASA and the Florida Dept. of Transportation (FDOT). In the ensuing years, one of YEI's employees, Hai Lin "Henry" Nee, the man Curtis accused of writing the wiretapping modules, pled guilty after being arrested by Federal Authorities in a four year sting in which he admitted sending computer chips used in Hellfire anti-tank missile guidance systems to Communist China. As well, a report issued by the State of Florida's Inspector General's office found that YEI had, in fact, over-billed the state of Florida on contracts and that Nee had indeed been an illegal alien.

Feeney, a good friend of Dr. and Mrs. Yang, the owners of YEI --- who have given thousands of dollars in campaign support to the disgraced congressman over the years --- still keeps his main campaign headquarters in the YEI office building in Oviedo, Florida, to this day. Feeney had previously been caught lying about his association with the Yangs.

Feeney's troubles, however, are likely far from over. As a member of the Republican Leadership in the 109th Congress --- he was a deputy whip --- Feeney has yet to detail what he knew about his Florida colleague Rep. Mark Foley's sexual transgressions with minors. After reports had surfaced that the Leadership had been made aware of the concerns about Foley many years ago, Curtis issued a press release during the campaign calling on Feeney to come clean on what he knew about Foley, when he knew it, and what he did about it. Feeney has stayed mum to this day, refusing to give details about his knowledge in the matter.

Feeney, who has claimed Curtis is both "crazy" and "a liar" has refused to take a polygraph test despite having been challenged publicly by Curtis, and others, to do so. For his part, Curtis successfully passed a lie detector test concerning his charges against Feeney and YEI back in early 2005.

Additionally, Curtis has since filed a challenge in Congress to the election of Feeney, claiming a number of irregularities found in the Diebold electronic voting systems used across several counties in Florida's 24th district. Yesterday, the National Election Data Archive issued an analysis [PDF] of precinct data for the election detailing a number of inexplicable discrepancies in the results as reported by the state of Florida. The non-partisan Election Integrity organization has announced that the discrepancies in the numbers are "consistent with a pattern that would be caused by voter disenfranchisement, vote fraud, or innocent miscount."

When the Congressional challenge was filed in the race between Christine Jennings (D) and Vern Buchanan (R) in the FL-13 race --- where the votes of some 18,000 Florida voters failed to register on ES&S touch-screen voting machines in Sarasota, with a reported margin of just 369 votes between the two candidates --- Feeney declared the Constitutional challenge to be "total political dictatorship." His statement was made to the media, however, before it was publicly known that Feeney's election would as well be challenged in the same Congress under the same Federal Contested Elections Act.

Curtis's challenge, and several others originating in the state of Florida, will reportedly be championed in the House by Congressman Rush Holt (D-NJ), who has long been an advocate for election reform in the U.S. House. We hope to have more details here at The BRAD BLOG on the Curtis challenge, and other related matters, shortly. Stay tuned...

For more info on The BRAD BLOG's continuing investigative series on
The Clint Curtis/Tom Feeney/Yang Enterprises Vote-Rigging Scandal series, please see:
- A Quick Summary of the story so far.
- An Index of all the Key Articles & Evidence in the series so far.
- Curtis ran for U.S. Congress against Feeney in 2006.
For more info, see: www.ClintCurtis.com
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By Brad Friedman on 12/26/2006 6:05am PT  

We hinted at this last week when Florida's corrupt Rep. Tom Feeney (R-Abramoff) expressed his obnoxious indignation over the democratic (small "d") Congressional election challenge filed by Christine Jennings (D) against Vern Buchanan (R) in the FL-13 U.S. House race. This is the contest in which the perpetually election-challenged state of Florida certified Buchanan as the winner by 369 votes, even though some 18,000 votes seem to have disappeared altogether on Sarasota County's paperless ES&S touch-screen voting machines.

The challenge brought Feeney slithering out from under his rock to charge that Jennings' Constitutional request that Congress not seat Buchanan --- who appears to have "won" only due to failures in Sarasota's voting equipment (which even ES&S's own "expert witness" admitted on the witness stand during a hearing on the election contests filed by both Jennings and voters in Florida) --- amounted to "total political dictatorship."

At least that's what Feeney told the Orlando Sentinel at the time.

What he doesn't seem to have told them is that he too is the object of a similar Constitutional challenge in Congress by his own opponent, Clint Curtis, in the race for U.S. House in Florida's 24th district.

Curtis, who originally exposed Feeney's alleged attempt to create touch-screen vote-rigging software back in 2000 (a story broken by The BRAD BLOG in 2004 and followed in detail ever since), campaigned to unseat Feeney this year for the first time, but was declared the loser. Curtis disagrees.

Warren Stewart at VoteTrustUSA covered both the Curtis and Jennings challenges on the Thursday before XMas weekend, along with a posting of the complaints filed by both candidates (Curtis' complaint here, Jennings's complaint here, both in WORD format) as filed in Congress. We've yet to review either complaint or discuss them with either candidate personally, so we'll refer to Stewart's coverage and the actual complaints for the moment and let you people do some work for a change. ;-)

The Orlando Sentinel, however, picked up on the story of Curtis's challenge on Xmas Eve in a brief post in their "This Just In" section. Here's the full item...

Curtis down, but he's not out --- right?

Clint Curtis, who challenged Rep. Tom Feeney, R-Oviedo, in the general election, lost by nearly 28,000 votes. Or did he? Curtis, a Democrat whose campaign centered on questioning the integrity of the nation's vote-counting system, has filed formal notice of an election challenge with the U.S. House of Representatives.

Among the charges is that official voting results are "wrong, unreliable and not worthy of any election in this country." Why? Mishandling of election laws, malfunctioning voting machines and --- wait for it --- the likelihood that affidavits furnished by Curtis from voters who say they voted for him will add up to more than the totals reflected in the official record.

Whew! Stay tuned.

Stay tuned, indeed...The saga continues...

For more info on The BRAD BLOG's continuing investigative series on
The Clint Curtis/Tom Feeney/Yang Enterprises Vote-Rigging Scandal series, please see:
- A Quick Summary of the story so far.
- An Index of all the Key Articles & Evidence in the series so far.
- Curtis ran for U.S. Congress against Feeney in 2006.
For more info, see: www.ClintCurtis.com
ReddIt this story!



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