Details follow below the fold on the voters' lawsuit filed today calling for an investigation and full re-vote in the FL-13 U.S. House race between Christine Jennings (D) and Vern Buchanan (R). There are currently 363 votes between the two of them, with more than 18,000 votes unaccounted for on the paperless ES&S touch-screen systems used in Sarasota County. We'd give more of a recap of our story so far, but the press release from the four non-partisan groups who filed the case --- Voter Action, Electronic Frontier Foundation, ACLU, and People for the American Way (Florida) --- does a great job in summarizing the issues. We recommend you give it a read.

For our complete FL-13 coverage, you may click here for all of our stories to date, in reverse order.

UPDATE: The full complaint is now available for download here [PDF].

One point, however, to make clear, especially in light of the many calls for Sarasota County Supervisor of Elections, Kathy Dent, to take responsbility for the disastrous administration of this election by resigning immediately: the press release notes that the legal complaint charges "misconduct by election officials" and "evidence that legal votes were rejected in sufficient numbers to place in doubt the outcome of the election.":

Indeed, Dent knew about the problem well before Election Day, according to her statement on this video, and yet clearly failed to take appropriate remedial steps before 18,000+ votes were lost to the ether in her paperless ES&S touch-screen voting machines.

By the way, the Democratic candidate Jennings held a press conference herself yesterday (video here) --- along with her Republican(!) attorney --- and answered to Buchanan's obnoxious press conference held earlier in the day (we covered that here.)

As far as we're concerned, Jennings, in making her pledge that she "will not rest until the intended votes are counted and every person's vote is counted and reflected accurately" --- along with her courage in not allowing herself to be pushed around by the anti-democratic thuggery of her opponent --- has shown herself to be the model of what every candidate ought to look and sound like in the wake of such a horrendously administered election, in which the ability to determine the will of the people has been so clearly subverted.

The press release from the groups filing a lawsuit on behalf of Florida's voters follows in full...

Stephen Heller, the Los Angeles whistleblower who turned over documents from Diebold's attorney, Jones Day, in 2004 showing the Voting Machine Company had illegally installed uncertified hardware and software in California --- and was preparing to lie about it --- has pled guilty, according to a statement tonight from the LA County District Attorney's office.

In an email moments ago from Heller, he tells us that he and his wife "are very happy it is over."

Heller, whose story we detailed in an article [PDF] published by Hustler some months ago, was a temporary worker at the voting machine company law firm when he stumbled across the troubling documents.

At the time, we quoted Michael Kohn, general counsel for the National Whistleblower Center, as saying, "This is a very rare instance. In fact, the only one of which I’m aware, in which a whistleblower has been charged with a felony. I find it outrageous."

Outrageous indeed --- especially considering Diebold voting systems were decertified by the state when it was found the company was attempting to game the certification process, shortly after Heller shared the documents with the Oakland Tribune and election watchdog BlackBoxVoting.org.

But Heller doesn't have the same kind of money for high-priced attorneys that Diebold does (that would be your money that Diebold uses for this sort of thing, by the way); we're not suprised he opted for the deal.

In an email message from Heller sent to The BRAD BLOG tonight, he wrote:

The LA County DA's statement says Heller pled to "unlawfully accessing the company computer in connection with its legal representation of Diebold Inc." and they quote his formal "apology" as follows:

A notice added tonight to the Stephen Heller Defense Fund website says "The case has been resolved! More details will follow soon." It goes on to thank supporters, urging them to "check back soon because Stephen is going to post the entire story here soon."

Heller tells us he's being contacted by the media tonight and plans to send a more detailed statement to The BRAD BLOG by morning.

UPDATE: 11/21/06 5:00pm PT: As promised, a new story, including a fresh exclusive statement from Heller --- concerning his thoughts on Diebold, American Elections and that he may have his sentenced reduced in a year --- is now posted here.

Phew...We're firing our lawyers forthwith...From MSNBC today...

Guest Blogged by John Gideon of VotersUnite.org

Doug Chapin of electionline.org 'said for all the flaws, Colorado was fortunate on two fronts. First, the problems were largely what he called ‘‘hassle factor,’’ and had nothing to do with allegations of inaccuracy, fraud or large-scale disenfranchisement. Plus, Florida grabbed the headlines again with a congressional race that has wound up in court.' I wonder how the fact that over 18,000 voters stepped out of lines over 4 blocks long and did not vote in Denver is not, arguably, 'large-scale disenfranchisement'? It is certainly "large-scale voter suppression" and much more than just a "hassle factor". / In Florida today the Jennings campaign has filed their election challenge. Groups representing the voters in Sarasota Co. have also announced a press conference for tomorrow morning. This PC will be followed by a lawsuit filed by those groups; VoterAction, PFAW-FL, ACLU, EFF....

Below are screenshots from the much-discussed first two pages of the Sarasota, Florida, ballot as seen on the paperless ES&S touch-screens on November 7th, 2006. Some 18,000 voters did not register a vote in the 13th Congressional district race between Christine Jennings and Vern Buchanan. Or, at least, the ES&S voting machines failed to register their vote in any case.

When we first received these screenshots, it took us three or four times scrolling through them before we could even find the Jennings/Buchanan race. But see below and decide for yourselves.

Several non-partisan Election Integrity groups will be filing suit tomorrow in Florida to call for a re-vote in the election. The public-interest watchdog groups claim that voters were disenfranchised by the thousands in the race due to poor ballot design and a faulty voting system. A press conference tomorrow has been scheduled for Tuesday at 1pm ET on the steps of the Sarasota County Courthouse (the news release announcing the presser is posted in full at the end of this article).

A lawsuit contesting the results and calling for a new election was filed this morning by Jennings and, as The BRAD BLOG reported earlier today, Buchanan held a press conference this morning in which he called on Jennings to "stop listening" to the Election Integrity groups which he says "have hijacked the election." (Full video, transcript here.)

Buchanan's call for Jennings to concede comes despite the 18,000 lost votes and the microscopic 367 vote margin between the two of them as reported in the now-officially certified results.

Full-sized screenshots of the complete ballot can be downloaded here [PDF, 7.5mb]. Screenshots of the first two pages, resized to fit on The BRAD BLOG --- where the Jennings/Buchanan race can be seen spilling over to the second page of the "ballot," above the more clearly defined "STATE" races follow...

UPDATE: Screenshots from the paperless ES&S voting systems, showing the controversial placement of the Jennings/Buchanan race on the ballot in Sarasota County only, are now posted EXCLUSIVELY here.

In a press conference this morning, Vern Buchanan (R) called on Christine Jennings (D) to concede in the race for the U.S. House in Florida's 13th Congressional district. In a process right out of the Bush/Cheney 2000 Florida Election debacle, the state of Florida certified the race today despite a 369 vote difference between the two and more than 18,000 still-unexplained "undervotes" registered on the paperless ES&S touch-screen voting machines used in Sarasota County.

A video of Buchanan's press conference is here. A complete transcript of his obnoxious statement follows at the end of this article.

We've stayed out of the "politics" in this race up until now, arguing only that the voters of FL-13 should have their voice heard despite overwhelming evidence of voting machine malfunction. However, given Buchanan's regrettable despicable attack on Jennings in his news conference this morning and, even more so, his attack on the non-partisan groups currently fighting for electoral integrity in the race, we've little choice but to point out the emergence of Buchanan as yet another democracy hater in Florida following the Bush/Cheney 2000 playbook almost to the reprehensible letter.

Putting his own self-interest before that of the public's, Buchanan called on Jennings "to put the interest of the public before her own self-interest," and called on his Democratic opponent --- ironcially fighting for the old seat of outgoing Katherine Harris --- to concede.

Buchanan characterized the contest filed today in court by Jennings (as we reported yesterday would be "coming soon") as "baseless litigation" and said that it's time for her to "stop listening to high-priced lawyers and out of town special interest groups who have hijacked the process to advance their own agenda."

Hijacked the process to advance their own agenda?!

Guest Blogged by Harvey Friedman (Brad's father)

ED NOTE: My dad previously guest blogged his amusing experience at the polls in St. Louis County during their primary election in August held on new touch-screen and/or optical-scan systems made by ES&S. Prior to that, it was reported he that he was instrumental in encouraging the county to not choose Diebold systems (they chose ES&S instead, for good or bad). Today, he shares his anectodes of again holding election officials' feet to the fire during the recent general election there. As he's never been an activist, or even political in anyway prior to all of this, I couldn't be prouder.

As I reviewed the St. Louis Post Dispatch on the day after the November 7th election, I was drawn to an article titled "Secretary of State Blasts County on IDs". The article said, in part:

The article went on to say that "The St. Louis County Board of Elections, which oversees the largest jurisdiction of voters in the state, is appointed by Gov. Matt Blunt."

As BRAD BLOG readers may know, Blunt's right-hand man for years on voting issues was none other than "Thor" Hearne, the self-declared "non-partisan" founder of the American Center for Voting Rights (ACVR). The ACVR has been pushing for restrictive Photo ID requirement laws all across the country since the 2004 election. Most of those laws have been found to be unconstitutional, despite Hearne – the "non-partisan" who was the national general counsel for Bush/Cheney '04 Inc. – and the ACVR's continuing attempt to convince America that there is a massive problem with voters voting twice and illegal aliens voting and so forth.

After reading the article and talking to Brad about my election day experience, it seems that perhaps others might be interested in my interesting personal experience while voting during the November 7th election here in St. Louis County....

Wow. An unexpected thrill tonight. Knocked off unusually early to get out and enjoy dinner in the Valley since it was unusually warm here today (it was pushing 90 degrees in LA this afternoon, just to rub it in for everyone who's not here.) As we finished up, we noticed that Casino Royale was starting shortly at a theater near the cafe, and having forgone so many frivolous distractions for far too long, we surprised ourselves by deciding to play hookie and duck in.

Never mind that it's the first non-political film I've been able to enjoy in heaven knows how many months (years?), but it turns out it is one of the best films I've seen in a long time. Period. Certainly in the action/thriller commercial Hollywood-a-palooza blockbuster genre...

Guest Blogged by John Gideon of VotersUnite.org

"Florida needs to demonstrate that it is a functioning democracy by getting to the bottom of the problem in the District 13 Congressional Race in Sarasota County. Republican Vern Buchanan now leads Christine Jennings by only 369 votes. But voter complaints and anomalous statistics raise the question: did the voters decide this election, or did software or hardware errors tip the result in favor of a candidate who would otherwise have lost?" David Dill "Is Florida Ready for Democracy?" on HuffPo....

The BRAD BLOG has learned that several lawsuits are likely to be launched this week in the Sarasota, Florida, election meltdown where some 18,000 votes failed to register on the county's paperless ES&S touch-screen voting systems on November 7th. Fewer than 400 votes currently divide candidates Vern Buchanan (R) and Christine Jennings (D), who are vying to fill disgraced former Sec. of State Katherine Harris's U.S. House seat in Florida's 13th congressional district.

A number of sources have confirmed to The BRAD BLOG that Jennings's legal team --- who previously filed court papers to impound voting machines and data for a possible investigation --- are preparing to file legal action to challenge the legitimacy of the race, perhaps as soon as this week.

As well, non-partisan legal election watchdog VoterAction.org has announced they will be filing suit this week along with People for the American Way Foundation, the ACLU of Florida, the Electronic Frontier Foundation, and Common Cause. Velvet Revolution.us (of which The BRAD BLOG is a co-founder) is also joining in support of the action. A plea to citizens by Voter Action, seeking help in funding the lawsuit, follows in full at the end of this article.

This graf, from Voter Action's announcement, is of particular note in light of our own previous call for the resignation of Sarasota's atrocious Supervisor of Elections, Kathy Dent --- the person responsible, perhaps more than any other, for leading her constituents into this otherwise avoidable debacle [emphasis in original]:

Sarasota's Herald-Tribune has been doing a very good job of covering the mess since it happened (if not prior to its occurring when something might actually have been done to avoid it).

Today, Herald-Trib columnist Rich Brooks joins the drumbeat of those calling for a full re-vote, writing this weekend: "[I]t's clear that a special election is needed to ensure a fair process. That's preferable to sending the wrong representative to Washington."

In an article on the many phone calls received from Sarasota voters detailing their experiences in trying to vote in the 13th District race, the Herald-Tribune reports today:

Clearly, had Dent simply chosen a voting technology that would have allowed voters to express their intent on a paper ballot, this mess could never have occurred. Dent has gone out of her way for years to ensure that Sarasota voters would have no way of avoiding the problem they now face. Hopefully the courts will offer a way for the voters to express their actual intent in this important House election.

And the most important hope of all: That this election underscores everything that is wrong with E-Voting in our country and that we must do away (at the very least) with touch-screen voting systems...with or without a "paper trail."

Voter Action's announcement of their intended legal action and a plea for support follows in full...

Guest Blogged by Alan Breslauer

Bob Schieffer's commentary this morning on CBS' Face the Nation is highly critical of Fox, Judith Regan and Rupert Murdoch for publishing OJ's new "if I did it" book and for giving the former football star two hours of prime time television to promote the fictional confession. Throw in the millions of dollars being funneled to OJ and one hardly remembers the similarly disgusting congressional page scandal.

Schieffer: "Someone, I think it was William F. Buckley, once said, something doesn't have to be against the law to be wrong. This one is more than wrong. It is just awful."

Guest Blogged by John Gideon of VotersUnite.org

One episode highlights the success of vote-by-mail in Tillamook Co Oregon, where 13 inches of rain on Election Day sent many citizens scrambling to the safety of shelters under a declared state of emergency. Despite the fact that many roads were impassable and parts of the county were inaccessible --- conditions that would have crippled turnout in a state that relied on conventional polling places --- 70 percent of the voters cast ballots. Only voting by mail could have led to this outcome. / Sarasota Co., Florida elections director Kathy Dent has declared in her official election certification documents that there were no errors caused in the general election by voting machines. Clearly the courts will have to make that decision and VoterAction will be at the forefront of any court case brought for the voters of the county. They need help to help those voters. VotersUnite does not ask for donations for the work we do but VoterAction needs your support. Please consider visiting www.voteraction.org/donate.html and helping them a little. Our democracy needs it....

Guest Blogged by John Gideon of VotersUnite.org

There must be a stop to corporate involvement in the elections process. Reports like those coming from Delaware Co, Indiana, where the vendor sells, maintains, programs, and tests the equipment and then does the tabulation, are all too prevalent. An attorney for the company has even gone so far as to suggest that county officials and candidates sign a document to release the company from any fault caused by their work. Simply unbelievable! / Next week the court will be brought further into the Sarasota Co., Florida, issue. Expect to see challenges filed by the Dems. for their candidate, Jennings, and also VoterAction, CommonCause, ACLU Florida, EFF, and others for the voters. VoterAction needs help with the work they are doing in Florida right now. Please visit them at www.voteraction.org/donate.html and consider helping them to help our democracy....

In a nifty and well-sourced bit of investigative journalism that makes The BRAD BLOG's muckracking heart go pitter-patter, an outfit known as Madcow Morning News (we wish they were called Washington Post) filed a peach of an exposé last Wednesday on Sarasota County's Supervisor of Elections Kathy Dent, and Gary L. Greenhalgh, the ES&S voting machine company Vice-President with the questionable past, who appears to have serviced her.

The detailed reporting underscores our previous call for Dent to resign in light of her egregious failures in Florida's 13th district U.S. House race, where the voters are still paying the price. Please do yourself a favor and read the report in full.

Here's a few Dent money shots:

And this ironic plum from Greelhalgh --- whom Madcow reports as regularly being in perilously close proximity to those convicted of bribery and other kickbacks to elections officials --- from back in 1985:

(Hat-tip to BRAD BLOG perennial "Old Turk")