Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

Just in tonight as tabulation continues in Ohio's primary election today. Via Josh Sweigart at Middletown Journal:

Long-time readers of The BRAD BLOG will remember that similar "glitches" affected the 2004 Presidential Election in the Buckeye State when the election night reporting website went down late in the evening, was moved to the "back up servers" of a far Rightwing firm in Chattanooga, TN, before coming back up to show that George W. Bush had taken the lead over John Kerry.

That system was created by Mike Connell, the GOP's IT guru who, in 2008, was subpeonaed for a deposition in a long-standing 2004 election fraud suit, only to die in a mysterious plane crane just weeks after the election, before he could testify in open court. Computer security experts have long charged that the results of Ohio's '04 Presidential election may have been compromised by a so-called "man in the middle" computer attack as the servers changed locations that night.

Similarly, in the hotly contested 2005 Special Election contest between Jean Schmidt (R) and Paul Hackett (D) for Ohio's 2nd Congressional District seat, central tabulator computers went down during late-night counting in Clermont County, only to come back up showing Schmidt with the lead over Hackett.

Whether something similar could be going on tonight in Butler County remains to be seen, but the attacks on the servers certainly seem worth noting here should further information become available over the next few hours, days, or weeks.

[See end of article for an UPDATE on the above story.]

In another part of Ohio, Cuyahoga County (Cleveland) experienced its own predictable failures with its ES&S precinct-based optical-scan vote tabulators during pre-election testing over the weekend. 89 of the county's 1,200 machines (6%) froze up entirely during those tests...

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...

The website of the Ohio Secretary of State is being set to "static mode" following a recent series of "security breach" attempts, as well as suspicious packages and a number of death threats sent to the office, according to a press release issued late this afternoon. (Posted in full at end of this article.)

The threats against Secretary of State Jennifer Brunner's office come in the wake of a rash of recent burglaries and vandalism at ACORN offices in Massachusetts and Seattle, as well as death threats delivered to a number of their workers following much-hyped media reports of "voter fraud" by the community organization. The attacks against the group escalated following the Republican Presidential nominee John McCain's comments about ACORN "voter fraud" at a recent rally, and his extraordinary allegation that ACORN was "on the verge of maybe perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy" at last week's Presidential debate.

Notably, there has been no actual evidence of any such "voter fraud" by ACORN, simply allegations by many on the right.

The recent threats against Brunner and her office follow on criticism from state Republicans, who have launched a number of legal suits against her during the final weeks leading up to this November's election...

Still running from one thing to another today, so only the briefest coverage here for now, on two very important points (and even victories!) today...

A week or two ago, AlterNet ran my recent detailed Q&A with Ohio Sec. of State Jennifer Brunner, on a wide variety of issues related to the upcoming election.

There were a few more technical/geek-ish items that I didn't include in the version that ran over there, thinking they were more appropriate for the real tech and election integrity geeks (like me) out there. Those issues are now published in a much shorter Q&A running today at ComputerWorld.

In these previously unpublished exchanges, posted to CW this morning, Brunner offers some insider detail about her recent lawsuit against Diebold/Premier, concerning the revelation that their tabulators simply drop thousands of votes without notice; the depth of her surprise at the results of her landmark "EVEREST" security tests of Ohio's e-voting machines; and what may lie beyond e-voting, such as the possibility of hand-counting in Ohio.

Please read the new interview at ComputerWorld (and don't forget to check out some of the interesting comments that have been posted to it already today.)

-- Brad Friedman, The BRAD BLOG

I sat down with Ohio's Secretary of State, Jennifer Brunner, for an exclusive, detailed, one-on-one interview while in Denver at the Democratic National Convention a few weeks ago. We chatted for nearly an hour and a half in what was the first opportunity we'd had to speak, in detail, since my interview with her last December, following the release of Ohio's landmark "EVEREST" testing of e-voting systems finding "critical security failures" on virtually all fronts.

We covered a lot of interesting, and even newsworthy topics in our recent discussion, just published at AlterNet, as the Buckeye State barrels towards either redemption or disaster in the 2008 election. In my Q&A with the Secretary of State we discuss, among other things:

• Challenges and surprises she's faced since becoming SoS in 2007, even by constituencies one might think would otherwise be supportive of her;
• Concerns about her tie-breaking decision to move Cuyahoga County (Cleveland) to an all paper ballot system, just 73 days before the state's primary election last March;
• Directives she's issued (and will be issueing) for this year's general election, such as requiring counties to inform all voters that they may vote on paper ballots; that there must be two lines created at polling places --- one for those who wish to vote on paper, and another for those who prefer to vote on touch-screen; the end of voting machine "sleepovers" at poll workers' houses prior to elections, and other new security requirements;
• Whether or not there has ever been any accountability for so much that went wrong in 2004 in places like Warren County, where press and public were famously locked out of the counting room on Election Night, or in Knox County, where the last vote was not cast at Kenyon College until 4am on the morning following Election Day;
• Concerns about student access to polling places this year, and steps being taken to try to help assure it;
• Whether citizens may use video cameras in the polling place to document what may go on there this year;
• And beyond all of that: Will Ohio be ready for whatever may come this November, and will it be the Buckeye State again in 2008, or the "blackeye" state that it became in 2004?

As you'll see, Brunner seems to feel confident that Ohio "will be ready" this year, even as the challenges sure to come will be monumental. Of course, I hope she's right. Undoubtedly, as I hope you'll agree after reading the piece, the voters of the state --- of all parties --- are surely in far better hands than they were with the criminal J. Kenneth Blackwell (former SoS, co-chair of Bush/Cheney '04) at the helm four years ago. Still, there are many reasons for worry, and I do my best, in the interview, to ask tough questions and push for answers where I can.

As noted in my intro to the Q&A over there, we also discussed a number of more complicated issues, better suited for technical/computer/election junkies (such as myself, and perhaps readers of The BRAD BLOG.) I'll be running the shorter, geekier portions of our interview, in which we discussed lawsuits with Diebold, the future of e-voting and the possibility of hand-counting in Ohio, elsewhere shortly. [Update 10/8/08: That portion of the interview now published at ComputerWorld here...]

Until then, please go see the main interview at AlterNet, and I'll look forward to your thoughts on it!

After months of pressure from state election officials, voting rights groups, veteran’s organizations, members of the US Senate, and citizens, the Dept. of Veterans Affairs has decided that it will be alright for veterans who live in VA facilities or are patients in VA facilities to be visited by non-partisan folks who want to help them register to vote. Unfortunately this decision comes just a month from the voter registration deadlines in most states. Now those groups who have fought hard to get permission to register veterans need to go do the job.

Ohio is becoming a battle ground for voter registrations. Secretary of State Jennifer Brunner is going to battle against the state legislature over a law that was passed in 2006 that allows counties to remove voters from the rolls if election notices sent by the counties to the voters are returned for any reason. This is a violation of state law and federal law and the US Constitution according to her lawyers. Any voter removed from the rolls must be given due process. ...

• National: V.A. to Allow Voter Signup for Veterans at Facilities
  http://www.nytimes.com/2...=slogin&oref=slogin
• National: Senators Feinstein and Kerry Welcome Changes in Voter Registration Policy at the Department of Veterans Affairs
  http://feinstein.senate....egion_id=&Issue_id=
• National: Helping Veterans Register to Vote
  http://blog.newsweek.com...ns-register-to-vote.aspx

Guest Blogged by Ellen Theisen of VotersUnite.org

Many jurisdictions are realizing their voting systems are horribly flawed and they want to get them fixed before November. But the new systems currently under test by the federal Election Assistance Commission (EAC) have so many defects that the manufacturers have to keep repairing them before testing can continue. Consequently the EAC has not certified anything yet.

Kudos to the EAC for this!

But Gracia Hillman, one of the EAC Commissioners, recommends a way around this “roadblock” for the jurisdictions using systems that are no good. She suggests a contingency plan that would allow the jurisdictions to use new and different systems that are no good, but at least they would comply with their state laws. Her ideas:

Unbelievable.

The systems are so bad they can’t meet the federal standards, so to get around this “roadblock,” Commissioner Hillman proposes to bypass the testing process.

She wants the EAC to bless new, defective systems for the vendors to sell to replace the old, defective systems that are currently in use.

But that’s what NASED (National Association of State Election Directors) did when it oversaw the voting system testing process, and the decade-long, widespread use of Premier/Diebold’s vote-losing software is one of the results.

After ten years of use in election after election, all across the country, Premier/Diebold’s vote-dropping software flaw has finally come to light — thanks to Butler County, Ohio’s Elections Director Betty L. McGary and Ohio Secretary of State Jennifer Brunner...

Guest blogged by Steve Heller of Velvet Revolution

Jennifer Brunner, Ohio's Secretary of State, has issued Directive 2008-68 [PDF] entitled Voting Machine Delivery Requirements. The directive contains storage specifications regarding temperature, humidity, dust, fire protection, and proximity of liquids. It also makes it clear that there are to be no more election component "sleepovers" in which poll workers take home voting equipment days or even weeks before an election for so-called safekeeping. In actuality, the "sleepovers" are an invitation to tampering and hacking.

The BRAD BLOG was the first to report on these sleepovers, truly a menace to election security, back in 2006, and coined the phrase "sleepover," which seems to have made its way into the national lexicon. AP themselves used the phrase in their coverage this week of Brunner's new directive.

As Lou Dobbs Tonight noted in 2006 following The BRAD BLOG's original exposé of the practice, the sleepover procedure is still used in many states and counties. But now, at least, Ohio's Brunner has taken a step in the right direction by ordering an end to the practice. It remains to be seen whether all of Ohio's local election officials will comply.

However, while we applaud this latest initiative by Brunner, it looks as if it may not go far enough in at least one very important aspect...

Today’s general news has articles about an expanded post-election audit in Connecticut. SOS Bysiewicz has ordered an audit of the results of the August 12 primary. This audit will be of 33% of the precincts. This audit plan had input from UConn. We congratulate the state for taking this step.

Meanwhile in Ohio Secretary of State Brunner has taken a huge step toward securing the voting machines in her state. She has outlawed all "sleepovers" of voting systems at poll workers homes prior to election day. We congratulate the Secretary for taking this step....

Blogged by Brad from the road...

A lot of voting zeitgeist in the media of late. What took ya so long, folks? Wanted to wait until it was largely too damned late to do anything about it? Same story. New year.

In any case, on the road to Denver right now, so time enough only to round up some of the most notable must-reads on everything from: The GOP "voter fraud" scam growing in intensity between here and November (a theme I'll also be discussing in my column for the UK's Guardian this week); Election officials finally acknowledging their machines don't work, but remaining unwilling to correctly place the blame or otherwise do much about it; Faint glimmers of actual improvement at the previously dreadful U.S. Elections Assistance Commission (EAC); A bit of news from the "Rove Cybergate" election fraud case in OH, and; The one phrase you'll want to get very well familiar with between here and November 2 (hint: my name is in it, but it has nothing to do with me.)

Read on...