Thursday, August 31, 2006

Democracy Deadbeats, and other Delights

dr. elsewhere here

High time for a vote update. Joe clearly agrees, as we were both working on this topic simultaneously.

But before I even get started on the body of this post, I am about to really ream you readers out there a new one, so just take a deep breath.

Now, I honestly don’t begrudge Joe the notable action his 9/11 posts have received, not one bit; he deserves a thousand times that. But I do have to make note of something pretty interesting.

Check out the numbers of comments on each of them. Almost 40 on the first, and almost 30 on this second one.

Now. Check out the numbers of comments on his latest post, the one about THE INTEGRITY OF OUR VOTE.

One.

One pitiful little comment on the most profoundly important issue before us today, and there is only ONE comment. And it’s mine!

C’mon; you guys are smart, and you’re remarkably articulate, not to mention caring, especially when I compare you to so many comment sections out there, even on the more popular blogs.

This is sad. Does this mean you have no thoughts on the matter? That you have yourselves not encountered any other interesting info on the topic of our vote you’d like to share?

Or does it mean that this crew only bothers to comment when the post is particularly emotional? No, that can't be it, because my post on the highly emotional topic of Katrina also got one, very lonely comment.

I don’t get it, because I have to tell you, there is just about nothing that gets my passions zinging like the current threat to our votes. Just what is it with you people??? We know you're out there, Joe monitors the hits. And you likely would not get this kind of talkin' to were all the posts followed by meager comment numbers. It's this bizarre skew toward the bizarre, that troubles me. Now I really get what Joe was so ticked about. These data represent a very weird fact about ourselves that we really should sit up and take notice of. And do something about. I'm not saying start commenting more, but I do think I am saying start caring about the 9/11 conspiracy crap less.

THERE IS SO MUCH MORE IMPORTANT AND IMMEDIATE WORK TO BE DONE HERE, FOLKS!

So. There. Like it or lump it, but there it is.

Ok. All that being said, I’ll move on as if nothing has happened, so as not to further humiliate any of us, myself included.

This post is not about the November elections; those are covered with excellence and abundance elsewhere. Had I half a mind (still working on that one), I’d complain about the near hysterical coverage of the campaigns and polls and such at the near exclusion of the much larger story, namely that the integrity of our vote is in jeopardy. Really; what difference will all these campaigns and polls make if the November fix is in? Which was Joe's ultimate question.

My answer to that is sunshine, both by making vote integrity an election issue, and by suing the living daylights out of the violators of our most treasured right.

On that front, the CA/Busby decision notwithstanding, there is actually some good news to report. So much so that I’ll just hit the highlights. But do go check these things out, especially as they pertain to your local situation, as this is no less than the foundation of our democracy.

Where to begin? I'll pick up with the story that Joe just posted about below.

(To read the rest, click "Permalink" below)


CA judical ruling: Clearly the issue that Joe brought to our attention is of enormous importance, and his capture of Michael Collins’ coverage cannot really be improved upon. But there are several questions I have that neither Collins nor Lehto nor Joe raised. I put these in the comments, but I’ll put them here again:
“When did this happen in the house? as in, what time of day? Was the chamber empty, or were other members present? How many, and who? And why did we not hear a loud outcry from our Democratic Congressional members about what was happening when it happened? Did they even know? And when they found out, why didn't we hear anything then? Why aren't we hearing anything now?? Given the 92% Zogby result [that this percentage wants election transparency], you'd think these politicians would see they simply cannot lose by taking a strong stand on this issue, no matter which side of the aisle you're on.”

I also pointed out that I think this is what Lehto was getting at with his point about using the threat to vote integrity as an election issue. But as I said above, Joe’s point was also well-taken: If the fix is, how do you catch the fixer. Agan, my response to that is with sunshine; if vote integrity becomes an election issue, and if there are lawsuits flying around all the time, then it will be extremely hard for them to consummate the fix. I’ll revisit this at the end of this post.

Voter Lawsuits: There are actually many of these filed, in addition to the one mentioned above in CA, and the one listed here last month filed in federal court by RFK, Jr., charging the companies with fraud. In fact, a state court ruling came down just this week blocking Fl's voter registration laws there, so harsh they forced the venerable League of Women Voters to close up shop rather than face the outrageous fines listed for violations. This decision may well bolster lawsuits against similar voter registration laws in AZ and MO.

There are actually several lawsuits regarding vote integrity going on in CA, but this one charged Diebold for their abusive copyright claims, and Diebold settled for $2.6 mill.

Here is one in OR charging breach of contract against ES&S, one in PA to stop use of machines in elections, and in CO for the same, and NM, GA, NJ, NY, and TX, to name only a few.

Though most of these suits were filed against state officials to block the use of machines, many of these suits are actually filed against the companies, which was the reasoning of the RFK, Jr., suit. Specifically, bleed these companies of money until they straighten up and fly right, or get grounded, whichever comes first.

The Zogby Poll: Referenced above, these are the poll results that show the 92% of those polled want transparency in voting, 80% are concerned about the status of their votes, and over 60% have heard about the problems. This is good to know, given how quiet the press is about these matters.

But on that topic of the media's near silence on vote integrity matters, tomorrow night on NOW with David Brancaccio on PBS (7 EDT), he will be covering the vote integrity issue. The clips are short, but dense and scrupulously researched and presented. Check your local PBS stations to find a convenient time to watch.
And of course, Lou Dobbs (yeah; hard to believe) has actually covering this issue on his show, specifically regarding the failures of FL machine tests, the OH primary disaster, and the enormous majority of polled Americans who want to get rid of electronic voting machines.

The Electoral College: How about some good news I may have mentioned before, and have to confess, am extremely excited about? California’s legislature has passed a bill on for Ahnuhld’s signature that would direct all electors in national elections to be automatically assigned to whomever receives the majority of the national vote.

Think about this. If enough states actually do this, it will completely shift the nature of the presidential election process, not only forcing candidates to start campaigning nationally instead of only in swing states, but rendering the draconian electoral college moot.

If you really want to make a long-term difference in our political system, it would be to start lobbying your state legislature representatives to get a similar bill moving, especially in big solid states, like New York and Texas, because everyone wins – whether Democrats or Republicans – if election campaigns are more directed toward the people than the electoral college. Here are the states that will make it work (minimally, with 270 electors needed): CA,FL,OH, PA, TX, IL, NY, NC, NJ, GA, and MI. California’s bill won’t go into effect until enough other states are also on board, so this may actually take almost as much time as a Constitutional amendment, but without the Congressional hurdle.

Delayed DeLay: True to their devious determination to replace DeLay on the ballot, TX Governor Rick Perry has placed the name of a candidate on the ballot for replacement of retired DeLay from November till January, evidently in the hopes that her name will then be written in en masse for DeLay's seat. Such desperate maneuvering. But consistent. And predictable. No word yet on whether this move will be contested in the courts.

The OH ’04 ballots: A few days ago, it appeared that the 22 month federal law protection the destruction of presidential election ballots was going to be implemented in OH, meaning all those contested votes from the '04 election in OH would be gone forever. However, lawyers for Ken Blackwell say within the next day or two he’ll alert county election commissioners to put a hold on the ballot destruction, even though he is under no obligation to do so, and – they assert – he is also not truly authorized to do so.

This decision may in itself be thoroughly political, in that the Secretary of State is the current Republican candidate for OH Governor. And Mr. Kenny Blackill (oops; Blackwell just doesn't sound quite right) is doing just really really poorly in the polls for OH Governor, lagging behind Democrat Ted Strickland by more than ten points. Not yet time for us to bring out the confetti, hats, and noisemakers, but it’s sure enough for a smile.

Upshot: I'll leave this long post with that pleasant image, though I hope you notice that most of these data suggest reason to be encouraged. In fact, I'm not even convinced that we should be so discouraged by the CA judge's ruling yesterday. I'm no lawyer, but as I noted in my comment to Joe, it honestly does seem that, once Hastert swore Bilbray in as a member of the House, the case was out of the state court jurisdiction. Clearly, the Republican House leadership is trying to pull a fast one, but I really don't think it will stand up under federal scrutiny. In fact, I also suggested in my comment that the plaintiffs in that case might do better to file a civil rights violation suit in federal court against Lapsley and McPherson for illegally certifying contested results, as well as against Hastert for ignoring the laws of a sovereign state in taking his action, an action which by law and the Constitution direct the nature of this action in cases such as this.

Take heart, folks; we may well be able to use our democracy to save it. But we have to actually WORK at it.

I also noted in my comment to Joe that, given all those questions about just how the House members allowed such a travesty to occur in their midst without kicking up a ruckus, we should all be contacting our Congressional reps NOW! You know, a quick call to ask just why this was allowed to happen, and just what they intend to do about it.

Meanwhile, keep visiting Bradblog, Velvet Revolution, Verified Voting, VoteTrustUSA, and many others to keep posted, and to see what you can do locally and nationally toward preserving the integrity of your votes, and the integrity of our democracy.

10 comments:

Anonymous said...

I'm a lurker here but I do visit every day. I agree with you 100% w/o the 2000 stolen election we would never have had 9-11 and that I truly believe. Voting Integrity should be everyone's main priority. I visit Brad's more times a day then I'll ever admit to. We need Publicly funded popular voting(sans electoral college) instant runoff elections. Executed on paper ballots a ball point pen hand counted in front of as many people who want to be there. NOW!

Anonymous said...

I think that 9/11 was either done by them or allowed to happen. I've spent too much time worrying about if the buildings were taken down and was a missle or a plane. Done with that. I no longer care how it was done or who pulled the trigger. I just know that there is enough blame to go around. Now it is time to focuss the rage where it belongs and change the direction of the country. The ballot is the first step. Getting a fair count is the only hope. Focus on the machines and the owners of the companies. Nothing could make the powers happier than a populace focused on hologram planes hitting wired buildings. I don't care anymore.

Anonymous said...

Yes voting is a most immediately important issue! And without the stolen election of 2000, 911 probably wouldn't have happened. But it did! And it did because those in power helped make it happen. They'd been planning this for years!
And everything they've done is based on that attack on 911 whether it be the so called patriot act or the NSA's illegal spying on Americans which I believe started prior to 911.
That's why I believe more reply to S11 related threads. Because it is the foundation of this administrations policies and we should know the complete truth!
WB

Anonymous said...

Hows this...


"... Jim March said on 8/31/2006 @ 1:46 am PT...

My letter to the FBI. Please do NOT contact the agent in question on this. Let this cook on it's own.

——

Attn: Agent David Schmidt, San Francisco Office, Federal Bureau of Investigation

8/29/06

Agent Schmidt,

Thank you for speaking with me by phone yesterday afternoon.

The files you need regarding Diebold Election Systems and their apparent "sidestepping" of the Federal voting system certification process are in a series of PDF documents I have created. Rather than attach them I'll provide weblinks, as your EMail server will probably strip attachments due to security concerns.

I am going to CC three additional activists in this field. The information contained herein has been generally broadcast on websites devoted to this issue. Please note that the latest hard evidence obtained by myself dates to 8/16/06 (page five, first link below).

Let me sketch out some background, as the document set was originally intended for agencies such as the California Secretary of State who would be familiar with the certification process.

* Voting systems are certified under a set of standards published by the Federal Election Commission. These "Voting Systems Standards" were last updated in 2002 so you'll see references to "certified to the 2002 standards" or similar.

* The FEC approves private test labs available for hire to voting systems vendors for system review. Currently there are three: Cyber (formerly Metamor) and Wyle, in voting system certification offices based in Huntsville AL and Systest in Colorado I believe.

* For many years the paperwork for certifications and the lab's recommendations "yay or nay" on a given system were reviewed by a quasi-private organization known as "NASED" - National Association of State Elections Directors. NASED is funded in part by the voting system industry and theoretically represents the interests of state-level election managers, either Secretaries of State (California, Florida, etc.), sometimes the Lt. Governor (Alaska, Utah, some others) and sometimes state elections boards. The final federal stamp of approval on a voting machine is known as a "NASED number".

* NASED's functions on election certification oversight are being taken over by the new EAC, Election Assistance Commission. The EAC hasn't fully come "up to speed" and is still largely a non-entity. NIST (National Institute for Science and Technology) is also getting involved, slowly, but again mostly isn't at the controls yet. Put simply, the improved election oversight processes mandated in the HAVA bill of 2002 (Help America Vote Act) have been under funded (or unfunded depending on who you ask) and are slow coming online.

* 37 states require Federal certification before the state considers a given voting system. These states mostly do either minimal or no analysis of the security and honesty of the voting systems themselves, relying on the "NASED number" as a stamp of approval. Only one state does full local source code review, North Carolina, and even they don't do it themselves - they mandate that political parties can hire up to five programmers each to do so. Shortly after passing this sole independent source code review law, Diebold abandoned all marketing efforts in North Carolina citing this law.

The core issue that we are complaining about regards misconduct by Diebold - to be blunt, they mislead the certification staff and process about their products and in so doing evaded oversight of much of their key code. The effect was to prevent anyone outside of the company reviewing large amounts of custom software written and maintained by Diebold and functioning in their touchscreen voting systems. This is a fundamental violation of both the certification and the fundamental reason for certification.

This core misconduct is outlined in the following two documents:

http://www.equalccw.com/...incefraudwalkthrough.pdf - an overview of Diebold's Windows CE-related fraud. Five pages.

http://www.equalccw.com/...lee-wincedeclaration.pdf - the declaration of Dr. Richard Lee. This document must always be attached to the "Walkthrough" article above. Three pages.

Those documents represent an investigation occurring over a period of three years by numerous citizens concerned about the direction electronic voting is headed. I believe there is enough "probable cause" here (or available with a brief review of the public records pointed to) to warrant (pardon the pun) subpoenas and examination under oath.

Please understand that neither myself nor anyone else paying attention to this issue believes that this is Diebold's worst "sin" in terms of basic computer security violations. Rather, it is the most blatantly illegal and the aspect of their misconduct that you will have the strongest legal grounds to investigate.

In addition, some evidence points to persons unknown within NASED taking active steps to cover up this specific misconduct. It is not as solid or multi-layered an investigation to date but it's intriguing and if it holds, the implications are frightening. This same oversight process reviews all electronic voting systems in the US.

http://www.equalccw.com/thenasedblues.pdf

Those are the core documents.

In addition, I have prepared a 12-page broader overview of what else Diebold has been up to that may compromise electoral security:

http://www.equalccw.com/...ieboldsinsandsecrecy.pdf

Some of the issues outlined are…horrifying, but not illegal. Some are illegal. It will be a quagmire sorting out some of this…run these docs past one of your more technically proficient agents/consultants and watch their face(s) go white. I recommend using this as background material, however if your agency starts by "digging deep" in the Windows CE issue (the core complaint) all sorts of other things will unravel.

Please understand that I am not the only one making complaints. This letter is from the head of the Alaska Democratic Party to his state's elections officials asking for an explanation of these issues:

http://www.votetrustusa....;id=1660&Itemid=1155

This is a letter from a Wisconsin professional software tester to his state elections agency:

http://www.votetrustusa....mp;id=1648&Itemid=51

However, as you can see from the level of interstate and Federal issues raised, ultimately this falls under the jurisdiction of the FBI and/or US Attorneys.

One final comment: the US Department of Justice has taken the position that at least some electronic voting machines are required in every state for "disability access" per HAVA. Lawsuits by that agency have been threatened against individual counties across America and the entire state of New York for one. This is not improper, so long as the Federal process to make sure those machines are reliable and honest is also enforced. The evidence available says it is not. If this is the case, for the United States federal government to use it's enormous powers to push systems that they themselves have failed to properly certify is, potentially, a hideous miscarriage of justice on a national scale.

I urge you, I beg you to take this complaint seriously.

Thank you for your kind attention,

Jim March
jmarch@prodigy.net
916-370-0347

CC:
Bev Harris, Executive Director, Black Box Voting
John Brakey, Founder, AuditAZ
Brent Turner, concerned citizen and activist, San Mateo County"

http://www.bradblog.com/?p=3357#comments

MMIIXX

Anonymous said...

Voting.

Like that is going to do any good.

I guess you are still operating on the assumption that THE AMERICAN WAY still works and we can JUST VOTE THE BUMS OUT and everything will be hunky-dory.

First the 9/11 cave-in post and now this.

Buh bye Cannonfire.

Anonymous said...

I agree that the voting issue is the most important issue of the day. But I also believe that the voting process was irreocably "fixed" certainly before the 2000 elections. Can it ever be "un-fixed"? I don't think they would every allow that to happen. Keep the populace busy with leaks, 911, religion, morals, personalities, etc.

Anonymous said...

Hi mmiixx, fancy meeting you here! Laura

Anonymous said...

great comments, and so good to find this helpful insert on jim march's courageous work, and i'm honestly embarrassed i failed to include that in my list. should have been a top priority, so thanks so much.

and thanks to everyone for recognizing the important distinction between obsessing over 9/11 and gaining new info about vote fraud. in a way, it sorta comes down to the serenity prayer, eh? tragic as it was, we cannot change what happened, but we CAN change this theft of our vote.

and yes, i do think it can be done, but we must be diligent and tenacious as terriers. these folks know they're breaking the law (hence diebold's exit from NC after the rules change, and the ESS settlement in CA). sunshine, folks, sunshine. just way to ironic that sunshine laws hold in the sunshine state of FL, eh?

in any case, nothing will change if we don't try, that's for sure.

and it should not need to be said, but i'll say it anyway, recovering vote integrity is important for everyone precisely because this is the ONLY way we want to initiate change in our democracy.

what, after all, is the alternative??

Anonymous said...

dr. elsewhere said...
"and it should not need to be said, but i'll say it anyway, recovering vote integrity is important for everyone precisely because this is the ONLY way we want to initiate change in our democracy.

what, after all, is the alternative??"


Doctor,Doctor,Doctor...why does everyone keep saying America is a "democracy" ,at least since 2000 you have had a leader who has been shown NOT to have won the election by means of counting the peoples votes.
The symptoms are obvious to all that look but the name of the disease your country is suffering from is not Democracy ,surely the first step is to identify the disease before trying to effect a cure !

MMIIXX

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