The OC Weekly's Matt Coker picked up on my Monday report describing my experience over the weekend at the Orange County Registrar's booth at the Orange County Fair wherein my attempt to try out their 100% unverifiable Hart Intercivic electronic voting system, um, didn't work out too well.

Coker's amusing take on the apparent system failure that occurred while I was testing it out with assistance from employees of the OC Registrar's office is described as "akin to making an illegal U-turn in front of a motorcycle cop. ... or letting it slip to 'Woodstein' that Tricky Dick audio taped everything in the Oval Office."

His coverage is much briefer than mine. So if you've yet to read my account of what happened and want a more-to-the-point version, please see Coker's piece.

For the record, for those who've asked, no, I've yet to hear back from either OC Registrar of Voters Neal Kelley or from anyone at CA Sec. of State Debra Bowen's office about what happened on Sunday. I've contacted all them via email, with a link to my original article, seeking comment. If I hear back from any of them substantively, of course, I'll let you know.

[See UPDATES at bottom for Bowen statement, final reported results...]

Yesterday, California's Republican-supported Prop 14 --- which voters approved last June, changing the state's separate party primary system to a single primary for all candidates, with the top two vote-getters going on to a run-off election if none receives more than 50% of the vote --- had its first official try-out in the Special Election to replace the resigning Blue Dog Democrat and unrepentant war supporter Rep. Jane Harman in the state's 36th Congressional District.

While similarly "Blue Dog" Democratic candidate and L.A. City Councilwoman Janice Hahn was in the lead last night as results were reported throughout the evening, it was the battle for second place, and therefore the right to participate in the run-off, that presented a real late-night nail-biter twist as unofficial precinct results were completed in the wee hours.

With Democratic CA Sec. of State Debra Bowen running second and seemingly headed for the run-off with Hahn for most of the night, according to L.A. County's running totals, the final unverified results inched self-financed Republican Craig Huey into the second place spot by just 206 votes at evening's end, after all 261 precincts in the very Democratic-leaning CA-36 were tallied.

With nearly 10,000 mail-in, provisional and other votes still to be tallied on the county's optical-scan system, however --- a system which was decertified and then conditionally re-certified, in part, by Bowen herself in 2008 --- the result of the cliff-hanger is likely to ensure "busy days ahead" at the L.A. County Registrar Recorder/County Clerk's office as Dean Logan, L.A. County's Registrar Recorder/County Clerk, noted last night on his personal Twitter account...

-- Brad Friedman, The BRAD BLOG

Two years ago, in June of '08, the ES&S "InkaVote Plus" e-vote system in Los Angeles County misprinted 4 out of 12 of my own votes.

Today, as I tried to vote on the same system, the failure was even worse. Incredibly. And not just because I cover issues of Election Integrity for a "living."

I spent more than two and a half hours not casting a vote on the system before eventually I, the poll workers, and, apparently, the folks at the L.A. County Registrar's central help desk call center, simply gave up. A complete and total failure of the e-voting system for disabled voters in the nation's largest voting jurisdiction. Again. On a system the county spent millions to buy in order to comply with the federal Help America Vote Act (HAVA) boondoggle by allowing disabled voters to cast their votes independently. Complete and total failure.

I did my best to document the disaster as it happened, in real time, on my Twitter feed. But the cell signal was very bad at the polling place, so not everything got out. But here's what happened in detail, and with a few graphics tossed in...

Guest blogged by DES

In case it seemed as if California Republican primary politics weren't quite weird enough, "Queen of the Birthers" Orly Taitz has lurched into the breach. From The Orange County Register:

RAW STORY reports that if elected, Taitz plans to "use her office to pursue an investigation of Obama's citizenship." Insert your own punchline here.

If the Israeli-born Taitz receives the nomination in the state's June primary, she would face presumptive Democratic opponent Sec. of State Debra Bowen in November. Bowen is running for her second term as California's chief election official.

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

According to a press release from CA Sec. of State Debra Bowen [PDF] today, CA Governor Arnold Schwarzenegger has signed one bill for improvement to state election law, while using his veto pen to terminate three other "common-sense elections bills ... aimed at enhancing government transparency."

The one he approved will allow emergency workers in the field, such as fire fighters battling a wild fire, to vote from wherever they may be at the time. That's good. But Bowen "laments" --- as does The BRAD BLOG --- the other ones which she supported, and which he, incredibly enough, vetoed. He said hasta la vista to three bills which would have been very helpful in adding much-needed "common-sense" checks and balances to the nearly unabated rise of the machines in our electoral system...

Guest Blogged by Emily Levy of VelvetRevolution.us

Notorious electronic voting company Diebold, which has been hiding its election division under the name Premier Election Solutions, has bilked California taxpayers out of more than $100 million dollars for its failed, faulty, illegally certified electronic voting systems.

Velvet Revolution has now launched a new campaign: Diebold: Return Our Money! at DieboldReturnOurMoney.com and we hope you'll sign on in support.

California officials recently discovered that ALL of Diebold/Premier's voting systems violate federal, and thus state, certifications guidelines! These systems do some or all of the following in violation of those certification standards and laws:

• delete ballots without notice
• allow the "permanent" audit log records to be deleted
• fail to properly record deletion of ballots
• insert incorrect time stamps on audit log items.

Yet Diebold has falsely claimed, for years, they their systems meet all federal voting system standards. Accordingly, VR demands that:

1) DIEBOLD: RETURN OUR MONEY!: Diebold/Premier has accepted well over $100 million in county, state and federal taxpayer funds in California for services which the company knew it could not perform. With California's devastating budget shortfall of $ 45.5 billion dollars, we demand the return of these funds from Diebold. The purchase price for hardware, software licenses, and maintenance fees should be returned to the State within 90 days. If Diebold's announced sale to Election Systems and Software, Inc. (ES&S) becomes final, California must be fully reimbursed nonetheless, whether from Diebold or ES&S.

2) SOS DEBRA BOWEN: DECERTIFY DIEBOLD!: Diebold/Premier products, currently used in 20 California counties (and some 34 states across the country, by the way), violate federal voting system standards and must be immediately and permanently decertified for use in the state by Secretary of State Debra Bowen.

3) AG JERRY BROWN: PROSECUTE DIEBOLD!: California's Attorney General Jerry Brown must immediately launch a comprehensive criminal investigation into Diebold/Premier's knowing use and sale of faulty election systems that have undermined our elections. Further, unless Diebold/Premier, within 90 days, refunds to California all monies paid for its fraudulent software and equipment, we call on the State of California to file suit against Diebold/Premier seeking the return of funds for breach of contract and fraud.

Visit the campaign page at DieboldReturnOurMoney.com to send a quick email to Diebold (c/o the aptly-named company rep Chris Riggall), SoS Bowen and AG Brown. Over 400 emails have already been sent in the first 48 hours of this campaign...

I'm certain that John would have been simply flabbergasted at the outpouring of emotional response and moving tributes upon his passing --- in particular from various public officials, many of whom he'd been at odds with at various times over the years.

The latest comes this morning in the form of condolences, and a very moving statement on his loss, from OH Secretary of State Jennifer Brunner via her Director of Communications, Patrick Gallaway...

It's been of some comfort seeing statements from public officials who John Gideon worked with --- sometimes in collaboration with, sometimes in opposition to --- issuing statements on his tragic passing.

Among the first I received was the following statement and note of condolence this morning from Nicole Winger, spokesperson for CA Secretary of State Debra Bowen...

More bad news for a voting machine vendor. This time the California Secretary of State’s office has announced that they have settled their lawsuit against ES&S. It was back in 2007 that the state discovered that ES&S had ignored state laws and sold uncertified voting machines to some counties as if they were certified. CA filed a $15 million lawsuit against the company, and now ES&S has agreed to provide $3.2 M to the state’s coffers by way of settling the suit.

Will it make any difference in the long run? Probably not. ES&S will continue their past bad business practices and many of their customers will continue thinking they only have the choice provided by ES&S....

Guest Blogged by Mitch Trachtenberg, with Brad Friedman

Even the audit log system on current versions of Premier Election Solutions' (formerly Diebold's) electronic voting and tabulating systems --- used in some 34 states across the nation --- fail to record the wholesale deletion of ballots. Even when ballots are deleted on the same day as an election. That's the shocking admission heard today from Justin Bales, Premier's Western Region manager, at a State of California public hearing on the possible decertification of Diebold/Premier's tabulator system, GEMS v. 1.18.19.

An election system's audit logs are meant to record all activity during the system's actual counting of ballots, so that later examiners may determine, with certainty, whether any fraudulent or mistaken activity had occurred during the count. Diebold's software fails to do that, as has recently been discovered by Election Integrity advocates in Humboldt County, CA, and then confirmed by the CA Secretary of State. The flaws, built into the system for more than a decade, are in serious violation of federal voting system certification standards.

The problems may lead to decertification of the company's voting systems, as well as an examination of voting systems made by other companies to determine if they too may have been able to sneak such violations past both federal and state testers...

A Diebold/Premier spokesman, Chris Riggall, has finally spoken about the California Secretary of State’s report on the discovery of violations of the accuracy standards required by federal law and violations of the voting systems standards. In our featured article Riggall shrugs off their violations by minimizing the report.

"I think it's fair, from our perspective, to say that the report editorializes in a number of ways that don't reflect the sort of even-handedness that one would like to see," Riggall said, adding that he sees the software error simply as a "contributing factor" to Humboldt County's inaccurate election results. "To say it caused it and to solely attribute that discrepancy to the software is, in our judgment, not accurate and not objective."

I say balderdash. Diebold knew they had a problem back in 2004 and they issued "work arounds." If they had a problem and knew it why did they not recall the software and provide good software in its place? Why did they not provide warnings and instructions in their operator’s manual? Why did they only send an email with a two paragraph attachment that didn’t even have the company’s logo on it? What did/does the company have to hide? How many elections nationally were affected before Diebold discovered the problem? How many elections were affected after Diebold sent their unofficial "work around"? ...