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ALSO: A Clarification of Why I Wrote the Story in the First Place About the Alarming Position, Advocating for DRE Use, by People for the American Way...
By Brad Friedman on 3/23/2007 4:16pm PT  

If you missed our coverage of the concerns about the positions on Election Reform by People for the American Way (PFAW), including their advocacy of dangerous touch-screen DRE voting systems which originally ran here a couple of days ago, you've got another chance. AlterNet is now running the article from their front page today under the title "An Opposing View on the Progressive Voting Machines Debate."

As with the original, it includes the links to the audio and transcripts of both PFAW Executive Director Ralph Neas's and my appearances on Ring of Fire with RFK Jr. and Mike Papantonio, so you can decide what's going on here for yourself.

And if it wasn't 100% clear in the article originally, PFAW does not have the same position as some of the other groups (like Common Cause, VoteTrustUSA, MoveOn, etc.), who are generally opposed to DRE use, but have been afraid (for political reasons, legitimately or not) to support a ban.

PFAW, to the contrary, is actually advocating the use of DREs in their position and arguments to back it up.

I'm happy to run a response from Ralph or PFAW if they'd like to contact me in order to clarify anything they feel I've misrepresented. That was not my purpose. Similarly, my purpose was not to attack them, but to discuss openly what I see as a very troubling position that I spent much time trying to figure out --- and work out --- privately, before Ralph's public interview on RoF made it necessary for me to respond in kind to help clarify what seems to be going on here...

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By John Gideon on 3/23/2007 4:15pm PT  

Guest Blogged by John Gideon of VotersUnite.org

In what may be the first local action to HR-811, Westmoreland Co. Pennsylvania is asking for more state or federal funds to allow them to change voting systems if their present system is affected by federal legislation.

Meanwhile Florida’s Governor, Charlie Crist, has announced that he wants to use new ballot on demand technology for early voting thus allowing the state of Florida to go to 99% paper ballots in any election.

In Ohio newly elected SOS Jennifer Brunner warned members of the Cuyahoga Co. Board of Elections that they all need to resign. The two Democratic members of the board have taken this advice but the two Republican members have decided to ignore Brunner’s warning that she will air their dirty laundry if they don’t resign. True to her word, and as reported here on The BRAD BLOG, Brunner has sent an 18 page document to each of the hangers-on that spells out their failures and makes those failures public. The failures include numerous instances of misfeasance, nonfeasance, and violations of state election law in five distinct areas. The big question now is who is going to conduct elections in this county? The Board is gone, the election director was fired, one manager is now going to prison for 18 months along with one employee, and there have been many resignations. And all of this is on top of yet another criminal investigation to find out whether vote counts from early and absentee voters were totaled before Election Day. ...

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

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Clark and Taylor Counties Short-Changed as Nation's Top Voting Machine Vendor is Yet To Deliver Materials for Election Just 12 Days Away...
By John Gideon on 3/23/2007 2:09pm PT  

Blogged by John Gideon, VotersUnite.Org

The country's largest supplier of voting machines, ES&S, is at it again. BRAD BLOG readers will remember last year's extraordinary string of ES&S failures and meltdowns week after week during the primary elections and then general election across the country. Last year the excuse for late delivery of materials and other related failures in scores of states and counties was that everyone wanted materials all at the same time and ES&S was just too busy. So what's their excuse this time?

According to John Washburn's excellent blog Washburn's World, election officials in Clark and Taylor Counties in Wisconsin are still awaiting delivery of Personal Electronic Ballots (PEB), memory cards, and paper ballots, and they have an election in just 12 days; April 3...

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

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It's a Bad Day in Cali for Diebold and ES&S and Sequoia and Hart Intercivic...But a Great Day for the Voters!
By Brad Friedman on 3/23/2007 10:05am PT  

"Clean up politics. Elect Women." Indeed.

In our second "New Female Secretary of State Kicks Ass, Cleans Up Mess Wrought by Male Predecessor" story of the day, California's own Debra Bowen issued her draft criteria to be used for the first-of-its-kind, "top to bottom review" of all electronic voting systems she promised just before taking office. And the electronic voting machine companies ain't gonna like 'em. But we do.

"The review is designed to restore people's confidence in the integrity of our electoral process," Bowen said in a statement issued yesterday to announce the criteria and her call for public input, "Every California voter has the right to have their vote counted as it was cast."

Imagine that. Am I dreamin'?! The criteria are now posted here [PDF] for public comment.

And, oh, man...Here's just a taste. From the "Security Standards" section...

a. DREs. Each direct recording electronic voting system (“DRE”), as defined in Elections Code Section 19251(b), must incorporate, as part of its design, hardware, firmware and/or software program features that effectively secure the DRE and all electronic media used with the DRE against untraceable vote tampering or denial of service attacks by any person with access to the DRE, its firmware, software and/or electronic media during their manufacture, transport, storage, temporary storage, programming, testing and use, including the electronic ballot definition or layout process.

The criteria are virtually the same for op-scans and central tabulating systems. And from the "Security Testing" section (Jeff "1000 to 1" Stone of Riverside County is not gonna like this)...

The security of each DRE, vote tabulating device, and ballot tally computer will be tested using two complementary methods, “red teaming” and source code review. The Secretary will select qualified industry and academic experts in computer and software security, including experts on electronic voting systems, to perform both types of tests.

a. Red Teaming. The “red teaming” process is analogous to military training exercises in which the members of the “red team” are adversaries trying to defeat friendly, “blue team” forces. The red team exercise will be designed to simulate conditions in which a voting system might be vulnerable to attack in the actual cycle of manufacturing, programming, delivery, testing, storage, temporary storage and use in California elections. Initially, the team will approach the system knowing nothing of its source code. Knowledge of source code may be used in subsequent attack attempts. The objective will be to determine whether and to what degree it is possible to compromise the security of the voting system to interfere with the accurate recording of votes or alter the record of votes to change the result of an election.

Now we're getting somewhere! And we're also reminded why Bowen was the only candidate ever officially endorsed by The BRAD BLOG!

"I want input from as many people as possible – voting rights activists, county elections officials, and anyone else who wants to offer an opinion," said Madame Secretary, putting the voting rights folks first for a refreshing change, in her statement.

Input on the draft criteria can be sent here: votingsystems@sos.ca.gov. The criteria for California, or as Diebold refers to it, "the world's largest voting market," will be finalized by April 6.

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By Brad Friedman on 3/23/2007 2:52am PT  

It's a big day in the House on Friday, with hours of hearings set for Rush Holt's HR811 Election Reform bill in the House Adminstration Committee's Subcomittee on Elections, with four big panels set.

The witnesses this time may be more good than bad for a change, and include, among other familiar names, Debra Bowen (CA SoS) and Noel Runyan, the blind technology expert who, with many other disabled voter advocates released a statement here calling for "an immediate ban" on DREs last week. (My interview with Runyan, during last week's guest hosting stint for Action Point on Air America/Nova M Phoenix is here [MP3] for your listening pleasure. I'm back again this Sunday, btw, with a special exclusive broadcast interview premiere! Stay tuned for details!). The rest of the witnesses are listed below.

Unfortunately, I may be gone for much of the day, so let me know how they did in the event that C-SPAN picks any of it up (and if anybody spots Warren Stewart of VoteTrustUSA calling for an amendment to the Holt Bill to require a DRE ban during his public testimony, send him a few dozen roses, will ya?!)

By the way, now's a great time to email and call your Congress members to ask them nicely, but firmly, to amend Holt to include a ban on Electronic DRE Ballots!

The full panel breakdown is listed below...

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

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They Were Warned To Resign or Come What May...And So It Shall Be...
By Brad Friedman on 3/23/2007 12:53am PT  

The Year of Accountability continues apace. In a statement released Thursday Ohio's new Secretary of State, Jennifer Brunner, lays out the case against the two remaining Cuyahoga County Board of Elections members.

On Wednesday, The BRAD BLOG reported that Brunner would be personally delivering termination notices to members of the board after she'd sent notice, asking for their resignations, on Monday. That came in the wake of the conviction and sentencing of two county elections works for rigging the 2004 Presidential Recount, and a subsequent, newly announced criminal investigation in the county this week.

One of the two Democrats on the board resigned Wednesday, as requested, and the other resigned Thursday. This leaves Bob Bennett, the state Republican Party chair and chairman of the board in Ohio's most Democratic-leaning county, as well as the board's other Republican member, Sally Florkiewicz. They're the only two remaining hangers-on. And as a witness to Bennett's public statement yesterday described it to us, he was "raving" and succeeded in even shocking many of the Republicans present by blaming everyone but himself for the county's string of failed elections.

Bennett's recalcitrance at leaving has led Brunner to begin spelling out precisely why they are being fired. The list of accusations against the two remaining members will be aired in full during an April 2 hearing and, according to the SoS's statement, includes "numerous instances of misfeasance, nonfeasance and violations of state election law." Among them:

· Failure to adopt adequate procedures for election recounts resulting in the felony convictions of two board employees.

· Failure to manage competently the board's financial affairs.

· Failure to ensure the efficient administration of elections in 2004 through 2006.

· Failure to ensure an acceptable level of performance of voting equipment.

· Election administration in Cuyahoga County has led to a lack of public confidence in elections in the county.

After the April 2 hearing, a report will be issued to Brunner by the appointed hearing officer, William Owen, the first assistant prosecuting attorney of Delaware County. According to the statement, she will then rule on the removal of Bennett and Florkiewicz, as "under state law, the secretary of state may 'summarily remove' board members for cause, upon complaint and hearing."

We'll note again here --- despite the claims of former SoS J. Kenneth Blackwell and other Buckeye State officials in the aftermath of the 2004 Presidential Election disaster in the state who said nothing untoward could happen anywhere in Ohio due to their "bi-partisan elections boards" --- all such board members always served at the pleasure of the SoS. Many of them, therefore, were loath disobey or incur the wrath of Blackwell, who was also state co-chair for Bush/Cheney '04, in light of his horrendous, partisan oversight.

What goes around, comes around, Mr. Bennett. Consider the worm now turned.

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Voters, State Law, Rendered Meaningless, Plaintiffs Likely to Appeal Decision to CA Supreme Court...
By Brad Friedman on 3/22/2007 6:35pm PT  
"We need not (and do not) resolve the question of whether the election contest at issue here fits within the category of election contests that may be entertained without infringing on Congress' authority because the instant dispute can, and should, be resolved on a much narrower ground — mootness."
-- CA Court of Appeals (4th District), Majority Opinion, Jacobson v. Bilbray, 3/20/07

Need more evidence for why election results need to be right on Election Night? Look no further than the now-infamous CA50 Busby/Bilbray Special U.S. House Election to replace Randy "Duke" Cunningham last June.

The latest chapter finds an Appellate Court in California dismissing the case on the grounds that the issue is now "moot" because the six month term for the original election being challenged has now ended. That, despite the defense never even having raised the issue. And thus, the voters' right to even have a proper recount as afforded by state law, in order to find out who had the most votes in an election, is usurped by the U.S. Congress's ultimate Constitutional authority to decide who will be seated in its chambers....

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

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By John Gideon on 3/22/2007 6:34pm PT  

Today is one of those days when I wish I could act like the US Senate and just claim the absence of a quorum and put on “Pachelbel’s Canon” or some concerto by Mozart or Bach. There is a lot to talk about; but not a lot to say about; any one thing.

I did find out from Steven Harsman, Montgomery Co. Ohio Board of Elections, that they inspected a total of 256 voting machines but the test done for screen calibration was done on 124 machines and they found that 56 of those machines needed recalibration.

Also today CA SOS Bowen issued a press release and a draft of a plan to review every voting system used in the state. If the present draft is finalized as it is now it is going to be hard for DRE machines to pass the review and maintain certification.

In Cuyahoga Co. Ohio a second Board of Elections member has resigned leaving only two recalcitrant members who are refusing to leave their jobs. Meanwhile in the county there is another investigation into misdeeds within the county elections office. This time investigators are gathering evidence that will show someone entered the county voting system prior to election day and printed absentee and early voting results illegally.

Those stories, and many more, linked below...

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

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By Alan Breslauer on 3/22/2007 1:52pm PT  

Guest Blogged by Alan Breslauer

Richard Engel's War Zone Diary is an amazing special that aired last night on MSNBC. This video (9:53) is roughly edited from the original hour and is not intended as a substitute. Each scene was picked for its own content and without respect to the ongoing narrative. Also, while most of the hardcore scenes - mutilated bodies and the like - have been edited out, there is still much that is difficult to stomach and could be offensive. You can find out more about Richard Engel and the special here.

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By Brad Friedman on 3/22/2007 11:40am PT  

(Hat-tip BRAD BLOG emailer "Jazzolog")

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By Brad Friedman on 3/22/2007 5:35am PT  

Courtesy of The Onion...

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Election Results of Early Voting Found Printed Prior to Election Day
NATIONWIDE EFFORT? - Identical Situation Recently Discovered in Pima County, AZ...
By Brad Friedman on 3/21/2007 7:19pm PT  

Another criminal investigation has begun in Cuyahoga County, Ohio, where two elections officials were found to have rigged the 2004 Presidential Election recount.

A special prosecutor has now been appointed to look into the early printing of absentee ballot and early voting election results prior to Election Day in 2006. As well, the investigators will be looking into a network cable which was left plugged into a tabulator computer overnight, allowing for unauthorized access all night long.

Fox 8's I-Team has a good video report.

As well, The BRAD BLOG has learned that Ohio's new Secretary of State, Jennifer Brunner, will be personally delivering termination notices to the county's four Board of Elections members tomorrow. On Monday, Brunner demanded the resignation of the entire board in Ohio's most Democratic-leaning county. The head of that election board, Bob Bennett, is also the chair of the Ohio Republican Party. He has vowed to fight Brunner in court, which, we're told by sources, she welcomes.

It should be noted that the illegal printing of election results prior to Election Day was recently discovered as well by Election Integrity advocate John Brakey, down in Pima County (Tucson), Arizona. That discovery has led to a lawsuit currently in hot progress down there.

Was a nationalized effort in place to print out election results prior to elections, to allow for the last-minute pinpointed targeting of Get Out the Vote efforts? We'll stay tuned...

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'You're Not Making the Rules Anymore...Elections Have Consequences,' Says Boxer
By Alan Breslauer on 3/21/2007 5:11pm PT  

Guest Blogged by Alan Breslauer

Senator Barbara Boxer has a little talk with Senator Exxon, uh, James Inhofe who did not want to let former Vice President Al Gore answer his questions on global warming. It was Gore's first appearance on the Hill since January, 2001. Lou Dobbs covers the entertaining bit (1:32).

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By John Gideon on 3/21/2007 4:32pm PT  

Guest Blogged by John Gideon of VotersUnite.org

As a result of complaints from voters the Diebold DREs used in Montgomery Co. Ohio have been tested. Voters complained that votes flipped on the screens. Testing of the machines that were used by the complaining voters has proven that 56 of the number tested failed the test and did, in fact, flip votes. The blame has been put on possible mis-handling of the machines by the shipping company that delivered the machines to the poll sites. Diebold claims that no votes were lost and that every vote was counted accurately. Of course, the accurate count claim does not mean that the choices of the people were counted; just that the selection made by the machine was accurately chosen. What is interesting about the media reports of the testing is that the local Dayton Daily News reports that 125 machines were tested resulting in a 45% failure rate while the Associated Press reports that 258 machines were tested which results in a 19% failure rate. Which number was true? I’ve got calls in but the Montgomery Co. Board of Elections has ignored my query so far....

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

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56 of 125 Machines Tested, after Voter Complaints, Incorrectly Registered Votes!
By Brad Friedman on 3/21/2007 3:35pm PT  

Finally. Someone is actually bothering to test the voting machines which voters have been complaining about as flipping their votes for years. In Montgomery County, OH, where an official complaint was recently filed by 20 voters who claimed vote-flipping on their Diebold DRE touch-screen systems, comes this refreshing, if disturbing, report from today's Dayton Daily News...

DAYTON — After two days of tests, the results are in: About 2,500 people cast ballots in November on 56 malfunctioning electronic touch-screen voting machines in Montgomery County, said Steve Harsman, county board of elections director.

He said it is impossible to know how many people finalized their electronic ballots without realizing that the Diebold Elections Systems machines were inaccurately registering their votes.
...
"No other counties in Ohio have done this analysis yet," said Ellis Jacobs, senior attorney for Advocates for Basic Legal Equality. "My guess is now that we've done it here and found there were real problems, it will encourage boards of elections in other counties to do this same investigation."

From Jacobs' lips to God's ears.

Oh, and there's this little tidbit from the story:

Harsman said several malfunctioning machines were clustered at certain precincts, indicating they may have been damaged during delivery by a trucking company that hauls the machines to the polls.

Ah, yes. The trucking company dunnit! That's the ticket!

(Hat-tip again to BRAD BLOG reader "A Concerned Citizen" for the heads up!)

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