Also: Diebold Memory Cards Unaccounted For; Public Record Request by Election Integrity Advocates on Ground Reveal 550+ Votes Read as Blank by Op-Scanner in Stratham...
Clinton, Kucinich Observers There, Nobody from Obama or Edwards, Says Election Attorney...
By Brad Friedman on 1/16/2008, 8:09pm PT  

Blogged by Brad Friedman from on the road...

(As mentioned in previous items, I'm now on the road --- currently in Oakland for the Thursday night screening of the more-ironically-named-than-ever documentary, UNCOUNTED: The New Math of American Elections --- and doing my best to keep up while moving. So apologies for the terse reports for the moment, as I continue to roll and have limited time online.)

LATEST OUT OF NH: Disparities being found during hand-counts of ballots, in many wards, many candidates. Diebold op-scan memory cards unaccounted for at the moment, Secretary of State (SoS) doesn't track them after elections, doesn't track error reports during elections. LHS Associates (see below) handles all of it instead, according to reports on the ground. Public records request reveals hundreds of ballots in one area scanned as blank due to incorrect ink used on ballots, and other problems on LHS problem report forms.

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Numbers are now being posted from both the Democratic and Republican hand-counts in the NH Primary Election contest. So far, only wards in Manchester (Hillsborough County) have been hand-counted, and disparities between the original counts from the Diebold optical-scan machine and the hand inspections seem to be occurring in many wards, and for many candidates.

Here is the SoS Recount page with the totals, that I haven't yet been able to review in full.

While sources on the ground at the counting today have told me that officials were not announcing the originally counted results at the counting room, the SoS web page lists what they claim are the original counts --- previously verified by nobody --- versus the recounted numbers.

The disparities, as I've quickly been able to review them, are small, but consistent, in ward after ward, across almost all of the candidates. I'm told that the manufacturers of the optical-scan machines (in this case, Diebold) have estimated an expected error rate of 1% on this type of tallying device which, as noted by one of our contacts in NH, is ridiculous, if you consider that most states and counties only kick in "automatic recounts" when the margin between the two leading candidates is less than .5% or so.

ADDITIONALLY...Public records requests are being made on the spot, for errors and malfunctions at various voting precincts. An early review of the error forms turned over from the public record request made by Election Integrity experts overseeing the counting, has revealed that in Stratham there were some 550 ballots that were not read by the op-scan at all. They were seen as blank ballots. Officials there noticed the problem, and then hand-counted some 3000 ballots after the error was discovered.

Apparently, as we've seen elsewhere, voters were given the wrong pen to use and the op-scanners did not "see" this particular type of ink.

Some of the election day error and incident reports, as read to me over the phone just now by Susan Pynchon of Florida Fair Elections Coalition and Paddy Shaffer of Ohio Election Justice Campaign, both of whom are on the ground in NH overseeing the counts, and assisting Republican contest candidate Albert Howard...

(Town of Stratham, 9:00pm)

PROBLEM: Printout indicated 550 "blank voted" ballots which indicated that bad pens were used.
SOLUTION: Went to Stratham to confirm that approximately 15 bad pens were used on election day. The town had, by that time, hand counted and announced those results as official.

PROBLEM: Too many blanks, used wrong marking pens
SOLUTION: Sent Gerry and Tina with lucid machines.

(Town of Lebanon, precinct #2, 9:00 (am or pm?))

PROBLEM: Corrupt Count.
SOLUTION: Shut off and back on. Count back to 155.

(Town of Manchester, 9:30pm)

PROBLEM: P/U 3rd Bad Machine per John S. (likely refers to John Silvestro, owner of LHS)

I spoke with Bev Harris of, who is also on the ground in NH, and she asks: "If it wasn't 550 ballots, but just 55 or so in some places, would they even have seen it and known to recount ALL of the ballots?"

She also noted that the error report came from LHS Associates, the private company (with the, um, less-than-reputable background) that is the sole Diebold vendor, programmer, operator and service provider in NH and most of the other New England states.

(UPDATE: Harris has more of her own first-hand observations now posted here at BBV.)

LHS, apparently, is the one responsible for tracking (or not) and reporting (or not) any such errors, rather than the Secretary of State or local election officials. That tracks with previous BRAD BLOG reporting on LHS, and how they operate in Connecticut, where there are similar concerns for whether or not the SoS even knows what the error rates are for the system they use, since problem reports are given to LHS instead of to public officials.

The BRAD BLOG has reported within the past few days machine problems during the election in a number of towns. In fact, of the first four towns we called that used the Diebold machines, all four reported machine failures of one type or another.

FURTHER...Voting Rights attorney John Bonifaz, legal director of, was on the scene today, and just told me that he has great concerns about the transparency of both the initial election and the hand-count auditing process that got under way in earnest today.

"I'm very concerned that this is not a fully transparent process that is happening there," he told me.

The sensitive memory cards containing the programming and tabulation from the Diebold optical-scanners are apparently "missing in action" for the moment. Those cards, as viewers of HBO's Hacking Democracy know by now, may be used to hack an election, such that only a proper hand-count of the paper ballots afterwards will reveal the hack. (See the video of that hack for yourself right here. The same exact machine being hacked in that film was used across the state to count 80% of the ballots in NH in last week's primary.)

And yet, says Bonifaz who spent time today speaking with New Hampshire Secretary of State, Assistant Secretary of State and Deputy Attorney General, nobody seems to have any idea where those cards are and what has become of them.

He says he was told by Secretary of State William Gardner that his office doesn't get involved in tracking what happens to those memory cards. Some have reportedly been returned to LHS, and may have had their memory erased already.

"When you have a private company counting 80% of the votes, and you later learn that the memory cards are unaccounted for, you have a serious question about the transparency and accountability in that process," Bonifaz said.

He notes that federal law requires all materials from elections be preserved for 22 months after the election. So if those materials have already been lost, destroyed, or over-written, there are legal questions that must be addressed.

Bonifaz also noted that while representatives and observers for the Hillary Clinton and Dennis Kucinich campaigns were on site, nobody at all seemed to be there from either the Barack Obama or John Edwards camps. (Incredibly enough, I might add!)

* * *

Our earlier report today had a number of important updates that you may wish to review. Including the fact that the Kucinich people have asked for more observers (with video cameras if you have them!) at the State Archives Bldg., 71 South Fruit Street, Concord, New Hampshire, to help oversee the 6 counting teams. Much more in that report as well...

UPDATE 1/17/08 6:25 PM PST by Emily Levy: There are enough volunteers for tomorrow's counting. After Friday's counting, the count will be suspended for the Dr. Martin Luther King Holiday weekend and is scheduled to resume next Tuesday. Folks on the ground in NH ask that you not show up there without talking with someone first, as they don't want anyone to make the trip unless they're needed. Volunteering will be coordinated, and that system is being set up now. Check back here for updates.

For related coverage, please see our index of notable New Hampshire-related BRAD BLOG articles, since the '08 Primary. And please consider donating to our efforts to continue to report on issues of Election Integrity in NH and elsewhere, as what virtually nobody else in the media (MSM or blogosphere!) seems willing to do at this time.