The state of Alaska which, as avid BRAD BLOG readers will recall, had been fighting tooth and nail to keep from releasing their database of how voters voted back in 2004, is at it again. Now, despite a court order, the state is refusing to release the new 2006 database, according to a press release just issued by the state Democratic Party. (Press release posted in full at the bottom of this item.)
Previously, the outgoing Governor Murkowski went so far as to have his top security man issue a memo saying release of the 2004 database would be a “security risk.” The state had argued prior to that that they could not release the database because it was a “company secret” of Diebold’s, according to their contract with the Anti-American Voting Company. All of that after Democrats had discovered a 200% voter turnout in some jurisdications across the state.
Murkowski’s daughter Lisa, whom Frank had appointed to fill his seat in the Senate when he ascended to Governor, was in a very close race for that seat in 2004. In fact, most polls showed her trailing against her opponent prior to Election Day.
A court eventually forced the state to release the 2004 database but it was found to contain hundreds of edits since the 2004 election, including as late as July of 2006, prior to the release of the data.
See all of the stories in our Alaska category for the bizarre roller-coaster ride on this issue in the state.
Now it appears that Alaska is at it again, fighting to not release the database from the 2006 election in the only state that we know of where the Democratic Party themselves are actually fighting for complete transparency.
Here’s the first two grafs from today’s Press Release just issued. The complete press release follows below it…
“Once again, the Division of Elections is flaunting the law with excuses and delays by refusing to release critical public records,” Metcalfe said. “Judge Joannides has already ordered them to make copies of each version of the 2006 GEMS database, so it is no burden on them to just release those copies that they are already making. Why won’t they release the records and give the public access to them as they are required by law to do?” Metcalfe said.
Nov. 28, 2006
contact: Jake Metcalfe 529-1441
Kay Brown 529-6970
Anchorage – The Alaska Division of Elections is violating the public records law and should immediately release copies of the electronic records of the 2006 election results so they can be examined before the election is certified, Alaska Democratic Party Chair Jake Metcalfe said today.
“Once again, the Division of Elections is flaunting the law with excuses and delays by refusing to release critical public records,” Metcalfe said. “Judge Joannides has already ordered them to make copies of each version of the 2006 GEMS database, so it is no burden on them to just release those copies that they are already making. Why won’t they release the records and give the public access to them as they are required by law to do?” Metcalfe said.
On Nov. 7, Anchorage Superior Court Judge Stephanie Joannides ordered the Division of Elections to preserve backup copies of the state’s 2006 electronic computer database and subsequent tallies of the election results. The Division of Elections had refused to make backup copies of the Diebold computer GEMS database in response to a request from the Alaska Democratic Party, which then sought an emergency court order requiring that copies be preserved of these election records. The Judge agreed with the Democratic Party and issued a temporary restraining order stating that the Division must make backup electronic copies on disk of the GEMS database as it existed on election night and again at the conclusion of each day in which the Division of Elections entered votes manually into the system.
The law says that public records must be produced “as soon as practicable, but not later than the 10th working day” following receipt of the request. Democrats requested the database on Oct. 30 and, through its counsel David Shoup, again on Nov. 3. In a response dated Nov. 27, Division of Elections Director Whitney Brewster told Shoup she would not respond to the Democrats’ records request until Dec. 6, two days after the new Governor is sworn into office on Dec. 4.
“The people of Alaska have a right to have all the public records related to our election. We have a right to have them as soon as practicable and Loren Leman and Whitney Brewster don’t have a right to withhold them from us,” Metcalfe said. “Our prior litigation established that the electronic files of our votes are public records, and it is in the public interest that they be released immediately, before the election is certified. There is no legitimate reason for the Division to withhold these public records.”
In light of all the problems that occurred with the vote tallies in 2004 that still have not been reconciled, the Division’s failure to keep backup copies of the 2004 database, and the Division’s subsequent modifications of the 2004 database after-the-fact in July 2006, vigilance is warranted, Metcalfe said. Democrats want to preserve the opportunity to weight in before certification if any problems are found during review of the electronic data, Metcalfe said.
“We hope the incoming Palin administration lives up to its promise to promote transparent government. It can do so by immediately ordering the Division of Elections to release the information, and by insisting from its very first day that our public elections are public and transparent,” Metcalfe said.
subpoena the information and that’s the end of it.
Investigate corrupt Diebold (Stillwell in Ohio, too)….bring on the indictments for collusion, corruption of our right to vote, etc. and put Diebold out of business. They’ve brought in on themselves and no one will have any pity for them. They intentionally created thise vulnerable machines so the hackers could enjoy a heyday “stealing elections”….It was done in 2000 and 20004…the whistleblowers are singing and the evidence is forthcoming.
Isn’t contempt against the law. What are they afraid of? Is the truth that bad!!!
Now that the 2006 midterm elections are over and done and Alberto abu/gitmo/Gonzales has no reason to hold up the civil lawsuit against the electronic voting machine vendors (#1-Diebold). Can we expect the Papantonio/Kennedy qui tam lawsuit to soon proceed into the courts.
If the depositions are started soon maybe the EVM vendors can be bankrupted and their equipment be removed from use during the 2008 election. A tamper free election for 2008 may keep a Rethug out of the White House so we can make some serious headway in cleaning up this bu$$hco mess. If another fascist administration lands in the oval office, back to back with bu$$hco – like Newt Gingrich, it will take a few decades to put this country back on track.
The Democratic Party control of both houses of congress will only lead to a paper trail/receipt from the EVM machines. We need these EVM machines gone, litigation/breach of contract/fraudulent conduct of business/bankruptcy – maybe our only course of action to remove these private sector computer vote counting vendors from the election process altogether.
# 1 Allie: A court order is better than a subpoena. Did the court order include a date for compliance? Even if it did not, the Dems should head back to court with the pleadings for an Order to Show Cause why the Governor and elections officials should not be held in contempt for failure to comply with the court’s order.
Without a doubt the Repubs are post-election editing the databases once again.
I smell the stench of Watergate here. Of course they don’t comply and of course they are altering the database, because they have to, in order to hide actual, real, hard evidence that these machines can and HAVE been used to hack elections.
I just have a real strong feeling that this one is going to be the story that finally breaks open the whole ugly mess for what it is.
You guys deserve a medal for keeping this stuff in the public eye.
This isn’t surprising. Rigging the election and hiding the evidence worked once so of course they’d do it again.
The stakes are high and the consequences negligible. Why not?
Americans and their representatives in congress need to take a more serious view of rigged elections.
Unless voters and their representatives refuse to accept the results of such obvious vote tampering and demand clean elections, this will go on and on.
Even if the perps are caught, the penalties are so modest that it’s worth the risk.
Unless we put real teeth into election law, there is no incentive not to cheat.
oldturk:
Kennedy is going to be speaking in Salt Lake this Sunday. I’m hoping he takes questions so I can ask about the lawsuit. I’m salivating over the prospect of our Diebold machines being rendered useless and all of the people fighting them here being completely and utterly VINDICATED FOR ALL TIME!
This Alaska thing is very maddening. Can’t someone just walk in and “legally and peacefully” bitch-slap these guys
Vote counting belongs in the hands of the people. Any time you allow a mechanical or electronic device to count votes you are placing the mechanism of the count in the hands of the government. Bad idea, unless you like dictatorships.
It should be up to ‘we, the people’ to decide who represents us, starting at the local level, and then reporting our consensus up the chain of government election agencies. It should never have come to the point where we have the government counting our votes and reporting the winners are back to us.
You may ask, ‘How can we fix this?’ The answer is to put the government on notice that ‘we, the people’ are not going to be content to have our role in our elections limited to merely casting a ballot. We must also fight to take back our right to conduct the canvass of the votes.
You can start by contacting your representatives and demand a return to paper ballots, hand counted at the precinct where they were cast. Then sign up for the National Hand Count Registry to show your willingness to count the votes.
If not you, who? If not now, when?
Pat A. Vesely 😉
Sorry! My link to the National Hand Count Registry is broken above. (It worked in the ‘preview’ window!?!)
Just cut and paste this link into your browser to sign up.
http://www.bbvforums.org/cgi-bi...ction=register
Thanks!
Pat A. Vesely 😉
I can’t believe that ANYONE is still stupid enough to think that voting is or has EVER BEEN honest. Get a clue folks — how dumb do you have to believe that politicians that will lie, cheat, steal, murder, vaporize cities and even nations, will somehow become honest at the voting booth. If ANY of you believe that, I have some great Golden Gate Bridge and Brooklyn Bridge stock I can let you have at a good price! Sheesh, I guess old P.T. Barnum was right — there IS a sucker born every minute!!
“All politicians are liars, murderers, and thieves — only the dishonest ones deny that”… Historian, Flavius Josephus circa 62 A.D. — gives you some idea how little has changed in 2,000 years!
What’s the deal here? As an Alaska resident, I recall that even Diebold agreed to public disclosure of their elections software. If the Division of Elections doesn’t have anything to hide, – why are they hiding everything? When you go against the laws of the state to produce documents and software questioning an election you are already in violation of the law before the evidence is even in! Diebold just opened the door for you Ms. Brewster and Mr. Leman! What are YOU hiding if Diebold says they have nothing to hide? Alaskans want to know who was, and who was not elected with their votes in 2004 and 2006 and how those votes were counted!
Yet another violation of our rights by the gov’t (rigging elections). Let’s review the list of the gov’t rountinely violating our Constitutional rights.
They violate the 1st Amendment by caging demonstrators and banning books like “America Deceived” from Amazon. America Deceived (book)
They violate the 2nd Amendment by confiscating guns during Katrina.
They violate the 4th Amendment by conducting warrant-less wiretaps.
They violate the 5th and 6th Amendment by suspending habeas corpus.
They violate the 8th Amendment by torturing.
They violate the entire Constitution by starting 2 illegal wars based on lies and on behalf of a foriegn gov’t.
Impeach everyone.
You FLAUNT your political beliefs but FLOUT a law!!! Why is it so hard for people to grasp the difference between these two words?
At any rate, the federal governments needs to address the glaring problems with the release of the tampered 2004 data as well as these most recent ones. What options would citizens have under the law to bring a lawsuit about both situations?
As a Brit, I would like to suggest that your ultimate weapon would be a voting boycott until these machines are withdrawn and hand counting of votes reinstituted. Yes, in the short term, you could very well end up with a 100% Republican Congress, Senate and Presidency, but their moral authority would be zero, and they would be the laughing stock of the world. Who would, or could, do business with them?
Sitting on your laurels to make a point makes a very small point.
Burning down the Capitol building, now THAT’S making a point!
The corrupt powers in charge of the masses do NOT care if you like them or not, they do NOT care if they have the support of the people or not, they do NOT give a shit about people’s perceptions of them.. they just want their power, which translates to money and ability to abuse others with impunity.
Saying “who would do business with them” is to pretend that 90% of the planet isn’t run by greedy thieving bastards that would sell their mothers for a buck! Guess what!? There are plenty of “bad leaders” out there making plenty of “business deals” .. Those in power are saught because they have power, not because they have some kind of moral highground to stand on.. duh?
If there are no riots in the streets, nothing will change. The judge can talk all day, then order the cops in.. and the cops will stand there, “respecting authority” like good little fascists, and do NOTHING as the Govenor says “I’m your boss, not that judge”. Then what? When the police won’t arrest their boss (for a myriad of reasons) we’re done. Bet your ass that they will arrest (and beat and gas and otherwise violate) citizens who protest too loudly, but go after REAL criminals who are usurping the Constitution and destroying Democracy? Na.. those guys are paying the bills…
The Midterms went “well”, in general, but there are still MANY races that had/have problems. Put all those in the Democrat’s hands where they likely belong and you DRASTICALLY change the landscape in Washington. A simple majority can’t override the Pres, but a 2/3s majority CAN. The Repukes have a REASON to keep stealing elections where they can, and that reason is to disrupt the “liberal agenda” no matter how they have to do it.
Up in arms.. that’s all we can do about things like Alaska. Until those that would steal elections and abuse our Constitution see that we won’t stand for it anymore, we’ll be subjected to their whims and abuses. If we don’t physically shed their cloak of fear, they will continue to scare us into compliance.
Upthread…I’m interested in the Kennedy lawsuit as well. I understood he was under a gag order and that he had to wait 60 days to bring his suit to court. The time was up Sept. 15. That info was from a comment on brad blog. Very puzzling.
Sounds to me, like it’s time for a swarming, door-kicking raid. Drag a few politicos off in handcuffs, ransack a few offices, and pile up the evidence for their trial.
They’re violating the law. That makes them criminals.
Go get em’…
Hopefully our new majority leader on the Judicial Committee will look into this, and also how the former Speaker of the House, Dennis Hastert, managed to “swear in” Bilbray, before California certified the vote…I seem to remember a book written by John Conyers about how the 2004 election was stolen…will he do more than just write about it…or does it not matter, now?