The Voting News Daily: Senator Schumer seeks DOJ probe of Diebold’s sale of voting-machine business

FOR IMMEDIATE RELEASE: September 14, 2009

SCHUMER URGES JUSTICE DEPT. TO PROBE DIEBOLD’S PROPOSED SALE OF ELECTION MACHINE BUSINESS TO ITS BIGGEST COMPETITOR; SAYS DEAL COULD HAVE ‘ADVERSE CONSEQUENCES’ FOR HOW AMERICA VOTES

Schumer, As Senate Rules Chairman, Raises Flags Over Proposed Merger On Antitrust Grounds

Says Deal Could Give One Company Control Over 75 Percent of Election Machine Market
Senator: Competition Is Needed To Reduce Chances of Widespread Election Fraud

WASHINGTON, DC – U.S. Senator Charles E. Schumer (D-NY), the Chairman of the Senate Rules and Administration Committee and a senior member of the Senate Judiciary Committee, raised alarm bells Monday over Diebold’s proposed sale of its voting machine business to its biggest competitor and urged a full Justice Department review of the deal, saying it could have “adverse implications on how our country votes.”

Earlier this month, Diebold announced it was selling its Texas-based subsidiary, Premier Election Solutions, to the country’s largest voting-machine manufacturer, Election Systems & Software Inc. of Omaha, Neb. The deal immediately sparked concern from election law experts since it would join Premier, which has a 33 percent share of the voting-machine market, with ES&S, whose systems were used in counting approximately 50 percent of all ballots cast in the last four major U.S. elections. Candice Hoke, an election law professor at Cleveland State University, told the Associated Press on Sept. 3 that the proposed deal represented “a massive consolidation of voting-system vendors.”

In a letter sent to Attorney General Eric Holder today, Schumer requested that the Justice Department’s Antitrust Division probe the deal based on anti-competitiveness concerns.

“If this acquisition proceeds, one company could control over three-quarters of the U.S. market for voting systems. Given other factors, including high barriers to entering the market, I am deeply concerned that local governments and taxpayers will not be getting a fair deal because too much market power will be held in too few hands,” Schumer wrote.

“It is in the public interest to maintain a range of choices in voting systems,” Schumer added, noting that increased consolidation in the election-machine market could make elections more susceptible to fraud.

A copy of Schumer’s letter appears below.

September 14, 2009

The Honorable Eric Holder
Attorney General
United States Department of Justice
950 Pennsylvania Avenue
Washington D.C. 20530

Dear General Holder,

I am writing today to express my concern with the proposed acquisition of the second largest voting system company by the largest voting system company. Last week, Election Systems & Software Inc. (ES&S) announced that it plans to purchase Premier Election Solutions, Inc., a subsidiary of Diebold Inc. This acquisition may have serious adverse implications for how our country votes. Since this industry provides a product vital to American governance, I am asking that the Antitrust Division examine this acquisition carefully to make sure there is no anticompetitive impact on election officials, states, or voters.

There is a history of concern over lack of competition in this industry. In 1997, American Information Systems purchased Business Records Corporation and became the company now known as ES&S.

The Voting News Daily: $100 a vote in KY fraud case, Jeers to ES&S, Pushing e-voting in Ireland

ES&S charged Vanderburg Co IN $120 for carboard boxes containing tape, forms, rubber bands and pens – Election workers could make this same “kit” for $1.00 each. Kinston City Council NC candidate offers hotdogs and handshakes to lure early voters.
A Illinois elections clerk writes: “A Dangerous Proposal for Voter Registration.” In Kentucky, a guilty plea coming for old fashioned vote-buying case using 75 counter checks written out for $100.00 each. Will Justice Roberts “legislate” from the bench in Citizens United vs FEC? ACORN dropped by Census bureau.

Time to read between the lines? Ireland is still paying €800,000 a year to store e-voting machines deemed insecure, having spent €54.5m on the machines already. It would cost €28 million more to make the machines usable. So here comes a flurry of op/eds in Irish media supporting promoting e-voting and condemning Ireland’s current system of hand counting ballots.
“Automated elections in the Philippines next year could fail due to potential threats from hackers and other technical vulnerabilities” according to officials and IT experts.

IL. A Dangerous Proposal for Voter Registration
Published by Champaign County Clerk under Elections
…Accurate voter registration rolls that reduce the burden for voters on election day are worth the efforts made by election officials.
Spend a week in our office and see how registrations are processed. You’ll see hundreds of forms that require decisions from trained staff in order to get the registration done correctly. Quite simply, no computer program can be created that can substitute for the sound and experienced judgement of election administration staff…To the third, I’d say that the Committee is attacking a symptom of a greater problem. There is no lack of registration opportunities for people…A system that reduces voter control, which this proposal clearly does, is a system that will reduce confidence and increase cynicism.
http://blog.champaigncountyclerk.com/2009/09/11/a-dangerous-proposal-for-voter-registration/

IN. Cheers, Jeers and Tears
September 12, 2009
jeers go this week to an old and extremely bothersome issue with Election Systems & Software, the company that manufactured and serviced the county’s electronic voting system. The county is contesting some $112,000 it says the company owes it. One of the items on that list is $38,019 for precinct kits. The company charged Vanderburgh County about $120 each for these kits, supposedly designed to meet workers’ needs at voting precincts. The kits consisted of cardboard boxes containing Scotch tape, paper election forms, rubber bands and pens. Local election workers found they could make their own for about $1 each.
http://www.courierpress.com/news/2009/sep/12/cheers-jeers-and-tears-early-voting-is-on/

KY. Guilty plea coming in vote-buying case
The former judge-executive of Perry County plans to plead guilty in a federal vote-buying case
Neace, 68, and Chester Jones, 65, another longtime county official, are charged with using $7,500 from the state Democratic Party to buy votes for themselves last November.
..According to the indictment, the state Democratic Party sent the local Democratic Party Executive Committee $7,500 to use in promoting voting. Jones was chairman of the local party executive committee.
Jones allegedly went to the bank where the party had its account and got 75 blank counter checks and filled them out for $100 apiece, leaving the payee line blank, the indictment said.

The Voting News Daily: The Business of Voting Machines, Citizens United drama,TX Vote Center controversy, DREs for sale

Editorials on Diebold’s sale to ES&S pouring in: “The Diebold name was snake-bitten, the product didn’t satisfy, and changing the name didn’t help much.” ~ the Dayton Daily News. “The combination of the Election Systems & Software and Diebold American voting machine divisions raises classic antitrust concerns.” ~ The New York Times.
Citizens United v. the Federal Election Commission: “…at stake in this case are the voices of millions and millions of Americans that could be drowned out by large corporations if the decades-old restrictions on corporate electioneering are called into question.”

Feingold, McCain ask: Is Roberts a man of his word?
Vote Center controversy in Collin Co Texas:
“We are of the strong view that a majority of the Collin County Commissioners’ Court is more interested in having the possibility of cutting up to 50% of the polling locations in November 2010 than they are in actually making voting more convenient for all citizens that wish to vote.”

Warning to Florida Voters – check your registration status.
NY City Mayor Bloomberg Unveils Plan For Automatic Voter Registration & Weekend Voting.
The fate of Connecticut’s system of using taxpayer dollars to pay for political campaigns is about to be decided by a federal appeals court.
Shoup DREs for sale at Govdeals.com
The Phillipine justices who voted against automating the 2010 polls fear that control of the electoral exercise would be handed over to a foreign firm.

CA. Yamada bill would test-run all-mail elections
09/10/2009 Assemblywoman Mariko Yamada’s AB 1228 gives California the opportunity to gather information on all-mail elections by establishing an all-mail pilot project in Yolo and Santa Clara counties.
Whether it will be ratified by the governor, however, is another matter.
“The administration and cost of traditional poll voting has become increasingly burdensome to local governments. At the same time more and more voters are choosing permanent Vote by Mail status,” stated Yamada. “Voting by mail is emerging as a more efficient way to conduct an election in California.”
http://www.dailydemocrat.com/news/ci_13306163The

CT. Waiting for a Solution
Scrapping the state’s public financing for campaigns could trigger a range of other problems
September 08, 2009. The fate of Connecticut’s system of using taxpayer dollars to pay for political campaigns is about to be decided by a federal appeals court. And, if part of this public-financing scheme is ultimately declared unconstitutional (as seems likely), it could trigger one bad-ass mother of a legislative brawl.
…Lawmakers are already sweating over U.S. District Judge Stefan R. Underhill’s findings that two key sections of the law violate the constitution. One concerns the ban on state political contributions by state lobbyists and contractors; and the other decrees how minor party candidates are treated. The state is now appealing those rulings.
http://www.ctvoterscount.org/CTVCdata/09/09/Advocate20090908.mht

CT. Hartford Advocate: Public Financing: Waiting For A Solution
September 10, 2009 Luther Weeks of CTVoter poses questions
http://www.ctvoterscount.org/?p=2363

FL. Winter Haven Vote: Election? What Election?
A total of 1,060 voters – not even double the number of members in Congress – put Jamie Beckett in office as a Winter Haven city commissioner.

The Voting News Daily: Warning Florida Voters – Voter Caging may become easier thanks to new rule 1S-2.041

The Florida Fair Elections Coalition warns that rules proposed by the Florida Dept of Elections would make voter caging easier. Rule 1S-2.041 is intended to address maintenance of voter registration rolls. The new rules make it easier for persons to maliciously, frivolously or fraudulently send in false or inaccurate claims of voter address changes. Any third party can report “address changes” without being held accountable. These actions result in valid voters being put on the “inactive” list. This could cause disenfranchisement, open voters up to challenges at the polls, and kicks voters names off of petitions.

Warning: All Florida voters, especially any who have been away or out of town- should contact their County Supervisor of Elections ASAP to make sure they are on the active voters list. This warning especially includes “snow-birds”, college and military but could apply to anyone. They can get back on the active voters list by confirming their address with the county voters list.
If you have signed any petitions recently and are listed as “inactive”, your signature may be considered invalid.

From the Florida Fair Elections Coalition website:

OFFICIALLY SANCTIONED “CAGING:

“If Florida passes proposed Rule 1S-2.041, it will permit officially sanctioned caging (vote suppression) to occur. Click here to read our comments on this proposed Rule.

Here are some excerpts from FFEC’s letter:

Problem #1
Several requirements in the proposed rule absolutely and unequivocally violate both state and federal law. If approved in its current form, this rule will permit officially sanctioned caging (vote suppression) with no accountability. The rule permits voters to be placed on the inactive list without proper procedures being followed, and the signatures of inactive voters, by law, will not be counted on any petition…
The rule allows any third party to inform a Supervisor of Elections that a voter might have moved, apparently without verification or restrictions…

Problem #2
A third party could get away with falsely reporting an address change for one voter or address changes for multiple voters.

Problem #3
There is never a reason to send nonforwardable address notices. Nonforwardable address notices violate federal law and set up the possibility of caging…

Problem #4
The proposed rule never mentions the prohibition in federal and state law against conducting voter list maintenance activities within 90 days of a federal election…

Summary
It is critical that proposed rule 1S-2.041 FVRS Address and Records Maintenance Activities,meticulously follow the mandates of state and federal law in its instructions to supervisors of elections. The mailings of notices are the steps towards placing a voter on the inactive list, which prevents that voter’s signature from counting on any petition. List maintenance notices are also the steps for eventually removing a voter completely from the voting rolls. The proposed rule fails to provide proper instruction in several critical ways, by omission and by commission.

link to the letter http://www.ffec.org/documents/CommentsListMaintenanceRule.pdf

You may read the rule at this link.
http://election.dos.state.fl.us/rules/proposed-rules/pdf/R1S2041DraftFVRSRecords08_09.pdf

Here are the accompanying forms to be completed by supervisors of elections at
http://election.dos.state.fl.us/rules/proposed-rules/index.shtml

The Voting News Daily: Court may loosen campaign spending, Afghanistan to have recounts, audits. ACORN turns in Fl workers.

Arguments on Citizens United vs FEC were heard by US Supreme Court today:
“The Supreme Court signaled Wednesday it may let businesses and unions spend freely to help their favored candidates in time for next year’s elections.” ~ AP.
ACORN turns in Fla. workers on voter fraud charges. (Remember, ACORN & other agencies – do not register voters, they work to get voter registration applications, these are then turned over to election officials who run checks on these forms before any voters are registered.)
The economy vs elections: “Our office has been underfunded and we can no longer afford to run the elections office like it’s going out of business,” ~Flagler Co FL Elections Supervisor Kimberle Weeks.
A federal judge has ruled that a lawsuit can continue against Volusia County over the lack of a Spanish-language ballot during the 2008 election. Many New York voters will vote with optical scanners for the first time. Trumbull County BoE will not close 65-80 of the county’s 250 voting precincts for the Nov election after all but will consider consolidation at a later date. The Massachusetts State Auditor estimates $7.2 million for spec election to fill Sen Kennedy’s seat. Lots of “voter fraud” stories in the news.
Bedford Co TN to consider res. asking state to delay implementing the Voter Confidence Act. Attention Utah Voters: bring id to the polls when voting.
Song: They lost my vote.
Smartmatic and NEC Argentina to develop biometric voter reg for Bolivia.
An idea that might catch on? Recounts and audits ordered for Afghanistan election.

AL. Calera City Council calls for a new municipal election
September 09, 2009 The Calera City Council passed a resolution Tuesday night calling for a new municipal election on Nov. 10.
The move is contingent on approval from U.S. Justice Department officials, who declared the results of the 2008 municipal election invalid. The Justice Department did not approve the city’s new voting lines used in the 2008 election because Calera’s only district made up mainly of minorities was eliminated.
http://www.al.com/news/birminghamnews/metro.ssf?/base/news/1252484220208220.xml&coll=2

CA. City councilor pushes for ranked-choice voting in ’10
09/08/2009 …In March 2008, Santa Fe voters passed two election-related amendments to the city charter. One mandates that the Santa Fe City Council put in place public campaign financing, and the other requires that the city implement ranked-choice voting as soon as municipally possible…. Although the charter amendment specifies that March 2010 should be the goal for a ranked-choice election, technological shortcomings are proving the greatest hurdle. While the voting machines available to the city can accept information from ranked-choice ballots, the machines can’t tally the results without major and costly software, if not hardware, upgrades.
http://sfreporter.com/stories/chooser_illusion/5009/

FL. ACORN turns in Fla. workers on voter fraud charges
9/9/2009. MIAMI — Armed with a tip from the grassroots group ACORN about its own workers, authorities on Wednesday began arresting 11 people suspected of falsifying hundreds of voter applications during a registration drive last year…Miami-Dade prosecutors gave credit to the group for coming forward and ACORN officials said they felt vindicated…ACORN officials said the group regularly reports suspected fraud to authorities nationwide but the Miami prosecution marks one of the few times the complaints were taken seriously.

The Voting News Daily: ES&S sues ex employees, AZ’s SOS under investigation? Citizens United big decision coming

Tomorrow, on 9/9/09, the Supreme Court begins hearing re-arguments in Citizens United v. Federal Election Commission at 10 a.m. “A bad decision in this case could open the floodgates of corporate money in our elections.” ~ Public Citizen. “We are moving toward a deregulated federal campaign finance system, where money flows freely and perhaps only disclosure laws remain.” ~ Richard Hasen, Prof of Law at Loyola Law School.
Shocking: ES&S has sued two former employees for copyright infringement and misappropriation of trade secrets.
Is someone investigating how states have handled all of the HAVA $millions? AZ’s SoS Jan Brewer may be under investigation for hadling of HAVA funds. (This comes on the heals of federal charges against NM’s former SOS for abusing HAVA funds.) The State of TX “volunteered”
Collin,Lubbock, Galveston and Erath Counties to be in Vote Center Pilot – Collin Co Democrats may ask DOJ to stop the plan.
Here’s a new one: Mohave Co AZ officials say voters should avoid the H1N1 virus by mailing ballots instead of going to the polls. Economy vs Elections: Towns in MA worried about special election costs – election for Sen. Edward Kennedy’s successor will cost cities and towns more than $5 million. Economy A MN city can’t get support for its old voting machines so is consolidating precincts.

“Voting Matters” has a video in honor of Diebold fire sale, “The Diebold Song” (youtube).

AZ. Sources say Brewer subject of state investigation
Arizona Gov. Jan Brewer could be subject to a state investigation for dealings with other state government agencies and political players as well as the handling of federal money coming into the state for voting machines when she was secretary of state…Another source pointed to possible questions about how Brewer are her aides managed $57 million that came into Arizona under the Help America Votes Act,
http://www.bizjournals.com/phoenix/stories/2009/08/31/daily93.html

AZ. Early voting touted (to avoid swine flu)
Friday, September 4, 2009 KINGMAN – Mohave County election officials are taking note of the looming dangers of the swine flu virus.
Elections Director Allen Tempert recommends that because of the H1N1 virus, voters who are going to the polls for several November elections should vote early instead. Ballots can be mailed to a home or downloaded from the county’s voter registration Web site and mailed back instead of going to the polling sites in Topock, Oatman and Yucca and risking exposure to the virus.
http://www.mohavedailynews.com/articles/2009/09/04/news/local/local4.txt

GA. Sandy Springs wants out of Voting Rights Act
Sandy Springs is considering using its history — or lack of it — to try to become the first Georgia city to bail out of the Voting Rights Act.
…Attorneys are trying to parse comments by Chief Justice John Roberts, who wrote in the majority opinion that “all jurisdictions” were eligible to file suit to be exempted.
Many believe that cities will earn the exemptions, though Sandy Springs appears to be the first city to hire attorneys to try,
http://www.ajc.com/news/north-fulton/sandy-springs-wants-out-133256.html

MA. Towns bemoan cost of special Senate election
The election to determine Sen.

The Voting News Daily: IEEE on Diebold sale -“Good riddance”, former NM SOS waives arraignment, $10M for Biometric voter ID, not bread?

Why should you care about “Citizens United vs FEC”? The case “if decided wrongly, could surrender control of our democracy to corporate interests.” – EJ Dionne of WaPo. The Supreme Court case is set for argument on Wednesday, Sept. 9.
The IEEE (electrical engineering standards group) has something to say about the Diebold sale: “Good riddance.”
A Maryland political blogger posts a 3 part series about MD’s top election officials, “Linda Lamone, Administrator for Life”. Attorney for New Mexico’s former SOS Vigil-Giron asks judge to dismiss charges until impartial prosecutor can be found. Vigil-Giron faces charges of fraud, tax fraud and money laundering related to misuse of HAVA funds. Threat of flooding may force King Co WA election office to move to a temporary location, the move would cost $1 million.

Afghan Results Raise Suspicions. Northern Ireland implements Individual Voter Registration, moving away from “household” registration. Why was $10 million spent on a biometric voter id system for Somaliland, a country with GDP per head of $226 and 72% of country doesn’t even have fresh water? *Many jurisdictions in the US are holding elections right now – have you voted or are you going to?

FL. HOW FLORIDA CAN AVERT LOPSIDED VOTING DISTRICTS
September 6, 2009 It should be a neutral process. In five states, it is. Independent redistricting commissions draw up boundaries based on population and geography. In a few states, commissions and state legislatures collaborate. In most states, Florida
among them, the process is mostly political.
http://www.news-journalonline.com/NewsJournalOnline/Opinion/Editorials/opnOPN65090609.htm

MD. Political blog series on Linda Lamone, Maryland’s top election official.
A local political blogger in MD did a 3 part series on Linda Lamone.

Maryland’s Administrator for Life, Part One
Suppose a local bill (a bill affecting only one county) gets the unanimous support of its local government, the unanimous support of its county delegation in Annapolis and is passed by the House of Delegates by 135-0. You would think it would be headed for the Governor’s desk, right?
http://maryland-politics.blogspot.com/2009/08/marylands-administrator-for-life-part.html

Maryland’s Administrator for Life, Part Two
Perhaps the one thing for which Maryland State Board of Elections (SBE) Administrator Linda Lamone will always be remembered is her stauch support of Diebold voting machines, which the state began using in 2001.
http://maryland-politics.blogspot.com/2009/09/marylands-administrator-for-life-part.html

Maryland’s Administrator for Life, Part Three
State Board of Elections (SBE) Administrator Linda Lamone has earned a legion of enemies in her 12-year tenure at the agency…
http://maryland-politics.blogspot.com/2009/09/marylands-administrator-for-life-part_02.html

MN. Grants available to improve polling access
September 3, 2009 Minnesota Secretary of State Mark Ritchie is seeking grant proposals from Minnesota cities, townships and counties for federal money to improve disability access to polling locations.
http://legal-ledger.com/item.cfm?recID=12203

NC. Craven elections board, judges gather as voting time nears (getting ready for city elections)
Under state law, when the North Carolina State Board of Elections began conducting elections for cities in the 1960s, four ways were provided, depending on the individual municipal charter…Cities have the option of using one elections method, including a nonpartisan election with a runoff, a partisan election, a partisan primary with an election, or simple plurality.

The Voting News Daily: Why ES&S-Diebold sale is wrong, Easier to cage voters in Florida? Feds to monitor Cleveland election

Voting machine monopoly cont’d: “ES&S Acquires Premier Election Solutions. This is just wrong on so many levels….All this (problems with ES&S) and we keep buying their machines and now ES&S is rewarded with a bigger market share.” Diebold stock surges as voting co sold at $45 million loss. “The sale represents the end of an embarrassing era for Diebold. “ Meanwhile, another reason to worry about an ES&S/Diebold consolidation: Vanderburgh Co is ditching ES&S service, says ES&S has been overcharging since 2003. “They made some money, yes, but they made a little too much money as far as I’m concerned. I think they took advantage.” Vanderburgh County Clerk Susan Kirk.
Florida’s election dept’s new voter roll rules may disenfranchise voters.
Madison CO KY switching to paper for 2010. Federal officials will monitor Cleveland Ohio’s election on Tuesday. Atlantic City NJ Mayoral candidate Marty Small and 13 of his campaign workers were indicted for several absentee ballot fraud schemes. In Pierce Co WA an Op/Ed “If poll voting dies, RCV could be partly responsible.” (precinct count scanners were decertified).
Corporate cash in campaigns? The oral arguments for the case of Citizens United v. Federal Election Commission are set for Wednesday, September 9. Check out the
website for “The Committee to Modernize Voter Registration” In Afghanistan the election results from nearly 450 polling places were set aside pending an investigation and Pres Karzai is moving closer to the 50% threshold. India sees more opposition to electronic voting.

AL. “Large chunks of Birmingham city council campaign cash untraceable”
The Birmingham News reports: Large chunks of campaign cash contributed to Birmingham City Council candidates are untraceable because the contributing political action committees haven’t filed either campaign disclosure forms or organizational papers, an apparent violation of Alabama’s Fair Campaign Practices Act.
In other cases, the source of the money that fueled city races can’t be determined because the cash was transferred among PACs before being given to candidates, a Birmingham News review of financial disclosure forms shows.
http://www.votelaw.com/blog/archives/006307.html

CA. Some Theorists Withhold Best-Voting-System Award
September 2, 2009 The Oscars is shaking up its voting system, though not in a way that most voting theorists applaud…The new system for best-picture voting is just like the procedure for selecting nominees. It’s called single transferable vote and is similar to an instant-runoff election. Voters will rank the 10 nominees from 1 to 10…“Some voters, by raising an alternative from last to first place, [could] cause it to lose — just the opposite effect of what one would want a voting system to induce,” Brams said. Also possible is the scenario in which “some voters, by actually voting as opposed to not showing up at the polls, hurt the alternatives they rank highest.” http://blogs.wsj.com/numbersguy/some-theorists-withhold-best-voting-system-award-794/

FL. The Florida Department of Elections proposes new rules that may make voter caging easier. The new rules address maintenance of voter registration rolls. If these rules are approved, it may be easier to wrongly purge legal voters from the rolls.You may read the rule at this link.

The Voting News Daily: ES&S to buy Premier Election Solutions from Diebold, Inc

Monopoly anyone? This just in. ES&S buys Premier Election and Data Information Management Systems Inc aka Diebold . Here’s an article in the Ohio Plain Dealer and also an email from Aldo Tesi, President and CEO of Election Systems and Software, Inc. ES&S is buying up the stock and the assets. This has huge implications. This would make ES&S a virtual monopoly. Stay tuned as we find out more about how this will affect you. I am writing from North Carolina, a state where Diebold chose not to sell machines saying they could not meet our existing laws.

Diebold Inc. sells most of its electronic voting machine business
by Janet H. Cho/Plain Dealer Reporter Thursday September 03, 2009

GREEN, Ohio — Diebold Inc., the Summit County-based maker of automatic teller machines and bank security systems, has sold its electronic voting subsidiaries in the United States and Canda to Elections Systems & Software Inc.

ES&S, of Omaha, Neb., is buying all the outstanding capital stock of Premier Election and Data Information Management Systems Inc. and substantially all of the assets of Premier Canada in a deal announced this morning.

In return, Diebold gets $5 million cash, plus 70 percent of the cash payments collected through the fifth anniversary of the closing date on any accounts receivable existing as of Aug. 31 …

Here’s an email from Aldo Tesi to an election official

From: AldoTesiES&S
Sent: Thursday, September 03, 2009 10:15 AM
To: XXXX (name redacted) Subject: Election Systems & Software, Inc Announces the acquisition of Premier Election Solutions from Diebold, Inc.

September 3, 2009

Dear XXXXX (name redacted)

Election Systems & Software, Inc. (ES&S) is pleased to announce the acquisition of Premier Election Solutions, Inc. (PES). Both companies are excited about the opportunity to unite our experienced management teams and associates to meet the needs of our customers more effectively. Together we will continue to focus on our core mission of “Maintaining Voter Confidence and Enhancing the Voting experience.”

We will combine the strengths of both organizations to benefit our customers, and are confident the result will be a better, more efficient and effective operating model. This model will serve our customers well and provide a sustainable delivery platform for the election industry.

Because of the important role we play in supporting elections, we recognize the responsibility we have to provide timely assistance to all of our customers. You have placed your trust and confidence in us and our products and services. Rest assured, we will demonstrate the same level of commitment to delivering high quality services and voting solutions you have come to expect. We understand it is more important than ever that we meet and exceed our customer expectations during the upcoming elections.

Attached is a document which addresses key questions you may have regarding the acquisition. You will receive more information in the coming weeks. Should you have any additional questions or immediate needs, please do not hesitate to contact us.

We appreciate your business and your ongoing support of the work we do for you.

The Voting News Daily: ES&S: “All Your Votes R Belong to US”- NOW, Tenn voter purge? Procrastinate by mail voting

The big news is that ES&S bought Diebold’s election division, creating a virtual monopoly for ES&S. “It’s a massive consolidation of voting-system vendors,” – Candice Hoke, election law prof. at Cleveland State U. “The move, if allowed to go forward, is sure to raise further concerns among the U.S. Election Integrity community who have, for years, been alarmed by the private take-over of public elections by unaccountable corporations, and the increasing use of secret software used to both cast and tally votes.” -Brad Friedman of Bradblog. Anti trust complaints expected to be filed. Wired news has a Diebold map up.

The rest of the news: Fire fighters in LA area get extra time to vote.
In Yuma Co CA,procrastinate-by-mail voters delay results. Aspen Co wants independent attorney to address challenges related to ballot secrecy and transparency in the May IRV election. Shelby Co TN Election Commission purges 60,000 voters. **Just a reminder to readers – its municipal election time, don’t forget to vote.

CA. Station fire delays ballot counting
Emergency workers get extra time to vote in L.A.-area Assembly race and Bay Area congressional contest.
http://www.latimes.com/news/local/la-me-assembly2-2009sep02,0,1915505.story

CA. Inconsiderate to delay count of mail ballots
September 02, 2009 Less than 8,000 voters chose to participate in the primary election for Yuma City Council and mayor,.many ballots – more than 1,600 of them – remained to be counted Wednesday…There is no reason this needed to happen. It is the fault of inconsiderate voters.
They received their mail ballots weeks ago but failed to turn them in early enough so they could be verified and counted in time to release the results Tuesday night
http://www.yumasun.com/opinion/ballots-52546-voters-mail.html

CO. Aspen’s May election faces more challenges
City commission wants outside attorney to deal with myriad issues
ASPEN — Aspen’s election commission plans to ask for an outside attorney to determine its authority on whether it can rule on a citizen’s claim that his voting rights were violated in the May election, as well as another resident’s request to release all the ballots so they can be reviewed independently.
http://www.aspentimes.com/article/20090903/NEWS/909029971/1001/NONE&parentprofile=1058

CO. Election commission unsure of powers
September 3, 2009 The city of Aspen Election Commission, a body that the City Charter calls for to weigh in “when election procedures are in doubt,” met for the first time in decades Thursday and promptly called for an independent attorney to be appointed to advise it on its jurisdiction.
http://www.aspendailynews.com/section/home/136399

NC. OpEd. Voter registration reforms can aid turnout, lower costs
New bipartisan panel’s work could be a win for all of us.
Thursday, Sep. 03, 2009 …You can register and vote on the same day in this state on early voting days, and many residents did so during last year’s elections.

But voting on Election Day still requires registration in advance. And nationwide, voter registration remains tedious and costly, and is often plagued by inefficiencies and inaccuracies….the N.C. Coalition for Verified Voting has pointed to continuing weaknesses, particularly in voter registration lists. Officials say lack of standards for voter databases, problems in moving voter registration and lack of voter education were among the problems.

The Voting News Daily: Voting software makes dagdag-bawas easy, WA SOS certifies R71, Why Citizens United matters pt 2

OpenSecrets.org to have live web chat on landmark campaign finance case “Citizens United vs FEC” on Thurs. Public Citizen youtubes the issue in “Don’t get rolled.”
Wired News finds 2 members of Fed committee (TGDC) that sets standards for voting vendors have conflicts of interests. Statewide voter rolls vs local voter rolls: an Alabama city may appeal judges ruling that says city must use SOS voter list not the local voter list. CT Registrars say optical scanners provide opportunity for savings. Minneapolis voters will not have a primary but instead have IRV and make choices in one election. Washington’s SOS Reed certifies R-71 to fall ballot and King Co Judge Julie Spector will not overturn that. Warning to Philippines Election Commission: voting software makes dagdagbawas (wholesale cheating)easy…Germany’s constitution prohibits e-voting and we have the document in English to prove it.

AL. Evergreen city attorney advises appeal of judge’s ruling in mayoral election challenge September 02, 2009 EVERGREEN — City attorney Terry Davis recommended the city appeal part of a judge’s decision in the ongoing challenge of last October’s mayoral vote, a move one councilman called “bull crap.”…”It said that instead of using the voting list we have used and the process we have used for a number of years, we should have been using the secretary of state’s voter list,”
http://www.al.com/news/press-register/metro.ssf?/base/news/1251882946175260.xml&coll=3

AR. Pope County upgrades early-voting system ahead of school board elections
Sept. 2, 2009 County clerk says new system ‘will be faster and more efficient’
With school board elections on the horizon, the Pope County Election Commission is anticipating a test run of a new system intended to expedite the early-voting process. Through the iPower Profile program provided by Election Systems & Software…
http://www.couriernews.com/story.php?ID=22455

CA. Voting extended for CA elections, delaying results
… The governor issued an executive order that will allow emergency workers to cast votes from their command centers until 10 p.m. Tuesday, two hours after the close of polls. ..Of the 125,000 vote-by-mail ballots sent by Contra Costa voting officials, a little more than 56,000 have been returned, Weir said. Of those mailed in, about 3,000 ballots were turned in Tuesday morning.
http://www.sfexaminer.com/politics/ap/56681882.html

CA. Special election will decide California House seat
09/02/09 http://www.sfexaminer.com/politics/ap/56578492.html

CT. Registrars Say, Optical Scanners Provide Opportunity for Savings
September 2, 2009 Glastonbury, CT will save by consolidating polling places
http://www.ctvoterscount.org/?p=2339

IN. Funds Compromise for Early Voting Centers
Wednesday, Sep 2, 2009 … early voting centers in Vanderburgh County are safe for the 2010 election, or at least most of them are…Early voting centers will either be eliminated or scaled back for the primary but there should be five centers at libraries for the general election
http://tristatehomepage.com/content/fulltext/?cid=92771

MN. No primary in Minneapolis as Ranked Choice Voting debuts
September 01. In this year’s municipal elections in Minneapolis, nobody is working to turn out voters for a September primary election: there will be no primary election.
Instead, voters will go to the polls just once this fall — Election Day, Tuesday, November 3 — and that day they will be asked to vote not just for the candidate of their choice, but to rank their first choice, second choice and third choice.

The Voting News Daily: 9/1 correction: Why “Citizens United” matters, Iowa Co makes own e-poll software, UTAH voters bring ID

*Our apologies. Title to yesterday’s voting news dated 9/1 title incorrectly said for Oregon voters to bring ID. It should have read “Utah voters bring ID”. We apologize for any problems this may have caused. The subject line to yesterday’s news has been corrected and can be viewed here at this link:
http://votingnews.blogspot.com/2009/09/why-citizens-united-matters-iowa-co.html

Here is incorrect headline
Why “Citizens United” matters, Iowa Co makes own e-poll software, Oregon voters bring ID

Here is the correct headline and resend of news:
Why “Citizens United” matters, Iowa Co makes own e-poll software, Utah voters bring ID

Tues Sept 1. “Five Reasons Why Citizens United Is a Truly Momentous Case”. Paper is in: “You can actually run a modern and efficient election on paper,”Hovav Shacham prof of computer science at UC San Diego. An Iowa County develops own e-poll book software
Virginia standardizes student registration. A Jackson City GA councilman charged with rigging his own election. Oregon elections to be headed by former San Bernadio Asst Registrar and elections consultant Steven Trout. Reminder to Utah voters: new law requires you to present ID to vote. A King Co WA judge will decide whether people who sign referendum petitions be registered. A Wisconsin bill would allow released felons to vote.
The Justice Department redirects focus back to civil rights. Allegations of fraud in Afghanistan’s presidential election may affect outcome. There’s no way to verify the vote on India’s paperless voting machines says Dr. S. Ramdoss.

CA. Solano County. Election today for Tauscher’s vacated seat
09/01/2009 …the ratio of vote-by-mail compared to those heading to the polls could be as high as three to one.
http://www.timesheraldonline.com/news/ci_13244558

CO. Attorney claims ballots may be identifiable
September 1. A local citizen claims he has identified which anonymous “string” is his in digital records released by the city of Aspen after the May election
http://www.aspendailynews.com/section/home/136372

FL. St. Pete voting canvass begins with relative ease
LARGO — No serious voting glitches turned up in the mail ballots before St. Petersburg’s primary election Tuesday, Pinellas County Supervisor of Elections Deborah Clark said today…The St. Petersburg canvassing board waded through about 54 questionable mail ballots this afternoon, rejecting about 40 for questionable or missing signatures. That’s after rejecting 120 of 196 questionable envelopes for similar reasons last week.
http://blogs.tampabay.com/baybuzz/2009/08/st-pete-voting-canvass-begins-with-ease.html

GA. Voter fraud admissions rock Jackson city council
August 30. 2009
Admission to some 40 counts of voting irregularities by one councilman have rocked the Jackson city council, resulted in huge fines and could lead to criminal prosecutions. WKEU radio is reporting councilman Tommy Rainey admitted to rigging the election which he won. He has been fined $158,000.
http://www.barnesville.com/archives/1194-Voter-fraud-admissions-rock-Jackson-city-council.html

GA. The Georgia State Election Board at its August 27 Meeting
took the folloiwng actions against a Jackson Georgia City Councilmember, and other Butts County Residents.
http://www.wkeuradio.com/news/seb.htm

IA. Computerized system cuts down on voter errors
August 29, 2009 BURLINGTON, Iowa A computer program designed in Cerro Gordo County is expected to speed up voting by helping poll workers cut time spent processing voters.

The Voting News Daily: Why “Citizens United” matters, Iowa Co makes own e-poll software, Utah voters bring ID

Tues Sept 1. “Five Reasons Why Citizens United Is a Truly Momentous Case”. Paper is in: “You can actually run a modern and efficient election on paper,”Hovav Shacham prof of computer science at UC San Diego. An Iowa County develops own e-poll book software
Virginia standardizes student registration. A Jackson City GA councilman charged with rigging his own election. Oregon elections to be headed by former San Bernadio Asst Registrar and elections consultant Steven Trout. Reminder to Utah voters: new law requires you to present ID to vote. A King Co WA judge will decide whether people who sign referendum petitions be registered. A Wisconsin bill would allow released felons to vote.
The Justice Department redirects focus back to civil rights. Allegations of fraud in Afghanistan’s presidential election may affect outcome. There’s no way to verify the vote on India’s paperless voting machines says Dr. S. Ramdoss.

CA. Solano County. Election today for Tauscher’s vacated seat
09/01/2009 …the ratio of vote-by-mail compared to those heading to the polls could be as high as three to one.
http://www.timesheraldonline.com/news/ci_13244558

CO. Attorney claims ballots may be identifiable
September 1. A local citizen claims he has identified which anonymous “string” is his in digital records released by the city of Aspen after the May election
http://www.aspendailynews.com/section/home/136372

FL. St. Pete voting canvass begins with relative ease
LARGO — No serious voting glitches turned up in the mail ballots before St. Petersburg’s primary election Tuesday, Pinellas County Supervisor of Elections Deborah Clark said today…The St. Petersburg canvassing board waded through about 54 questionable mail ballots this afternoon, rejecting about 40 for questionable or missing signatures. That’s after rejecting 120 of 196 questionable envelopes for similar reasons last week.
http://blogs.tampabay.com/baybuzz/2009/08/st-pete-voting-canvass-begins-with-ease.html

GA. Voter fraud admissions rock Jackson city council
August 30. 2009
Admission to some 40 counts of voting irregularities by one councilman have rocked the Jackson city council, resulted in huge fines and could lead to criminal prosecutions. WKEU radio is reporting councilman Tommy Rainey admitted to rigging the election which he won. He has been fined $158,000.
http://www.barnesville.com/archives/1194-Voter-fraud-admissions-rock-Jackson-city-council.html

GA. The Georgia State Election Board at its August 27 Meeting
took the folloiwng actions against a Jackson Georgia City Councilmember, and other Butts County Residents.
http://www.wkeuradio.com/news/seb.htm

IA. Computerized system cuts down on voter errors
August 29, 2009 BURLINGTON, Iowa A computer program designed in Cerro Gordo County is expected to speed up voting by helping poll workers cut time spent processing voters. The program, Precinct Atlas, has already been tested in special
elections in Butler, Johnson, Appanoose, Buena Vista and Monona
counties, and a mock election was held modeled after Election Day in
2008.
http://www.chicagotribune.com/news/chi-ap-ia-iowacomputerizedp,0,6272224.story

IA. New Polling Software Reaching Half of Iowa
8/31 Mason City, IA- New computer software developed in North Iowa will help poll workers in more than half the state next week…Thanks to the endorsement of Iowa’s Secretary of State the program is getting use in more than 50 Iowa counties for next weeks school elections.
http://www.kimt.com/content/localnews/story/New-Polling-Software-Reaching-Half-of-Iowa/BSVelHObckOkgeKn56-h9g.cspx

IN. Satellite voting centers proposed for next year
Whitehead says she prefers Vote Centers, needs time to decide
9/1/09 Delaware County Clerk Steve Craycraft, a Democrat, proposed establishing two satellite voting sites for the 2010 election at last week’s meeting of the Delaware County Board of Elections.

The Voting News Daily: Smartmatic demo glitch, Was Aspen election secret ballot or not? Lamone blocks campaign finance bill

Aspen voter complaint asks if election was held by secret ballot or not. Virginia’s new registration rules would allow students to list dorm as residence. Maryland Election Director Linda Lamone helps block local campaign finance bill. Asheville NC spends $60K on additional early voting sites hoping to increase turnout. Should Voter Registration Be Automatic? – the new bipartisan “Committee to Modernize Voter Registration” will study the issue. “‘Citizens United v. FEC’ has sparked what may be an unprecedented lobbying and public advocacy war.” The “Citizens United vs FEC” case challenges campaign finance rules that limit corpporations influence on elections. A “glitch” spoils Smartmatic’s public demo in the Phillipines. A special election for Senator Ted Kennedy’s seat will be held on Jan 19.

CO. “Big Brother Knows How You Voted,” Millard Zimet
August 30. Aspen citizen Millard Zimet filed the formal complaint with Aspen’s Election Commission questioning whether Aspen conducted a secret ballot election in May 2009. His complaint and related materials are linked below…
http://theredant.squarespace.com/red-ant-blog/2009/8/30/big-brother-knows-how-you-voted-millard-zimet.html

MA. Governor sets date for special Senate election, presses for interim appointment
August 31, 2009 Governor Deval Patrick continued today to press for a change to state law to allow him to appoint an interim replacement for Senator Edward M. Kennedy as he announced that a special election for the seat will be held on Jan. 19
http://www.boston.com/news/local/breaking_news/2009/08/patrick_to_make.html


MD. Maryland’s Administrator for Life, Part One
Suppose a local bill (a bill affecting only one county) gets the unanimous support of its local government, the unanimous support of its county delegation in Annapolis and is passed by the House of Delegates by 135-0. You would think it would be headed for the Governor’s desk, right?
Not if it’s a campaign finance reform bill and Linda Lamone get winds of it…

http://maryland-politics.blogspot.com/2009/08/marylands-administrator-for-life-part.html

NC. Early Asheville voting sites added
Officials hope to improve city’s poor turnout
…The city will spend up to $60,000 for four general election early voting sites…The city will have additional sites for one week of early voting for the Nov. 3 general election. General election early voting is Oct. 15-31. Among eight large cities, including Raleigh, Wilmington and Durham, only Greensboro and Charlotte have additional sites..
http://www.citizen-times.com/apps/pbcs.dll/article?AID=/20090830/NEWS01/908300340

VA. Virginia seeks to ease student voting
August 31, 2009 The Virginia State Board of Elections moved Saturday to remove barriers that have made it hard for college students to vote and streamline inconsistent local policies for establishing residency. The proposal, which awaits a nod from the U.S. Justice Department, won unanimous approval from the three-member board after months of deliberation by the Virginia Residency Task Force. Under the new guidelines, local registrars would be barred from refusing a student’s voter registration simply because that student listed a dorm as his address
http://www.washingtonexaminer.com/local/Virginia-seeks-to-ease-student-voting-8173851-56254157.html

NY. Election Problems?
Posted on August 30, I got both my National and New York election ballots this weekend. Everything was fine with the National package, but my New York envelope was missing the instruction pamphlet with the candidates statements.
http://www.sagwatch.net/2009/08/election-problems/

WA. Judge dismisses lawsuit over Pierce County charter amendments

Aug 31.

The Voting News Daily: VoterGA legal surprise, “No Paper, No Problem”, Ted Kennedy’s contributions

“We are a better, more inclusive and democratic nation because of the contributions of Edward Moore Kennedy. Let us pay tribute to his work expanding the franchise.” -Voting Matters. Aspen’s former finance director says that “The road to Aspen’s May 2009 election is strewn with the wreckage of credibility-eroding acts”.
Connecticut’s public funding law held unconstitutional. VoterGA case reveals that the law (when Diebold machines purchased) said that new voting machines “shall have an independent audit trail of each vote cast”. Petition drives reveal more cracks in PA’s voter registration database. “No paper, no problem! Yet, also less integrity and no credibility!” – Luther Weeks, CTVoter. Pakistan to address flaws in its online voter rolls. Economy again: Talahassee FL changes charter mid-game to avoid a special election that might cost “from $342,000 to $680,000.”

CO. GUEST OPINION *The city’s waning credibility*
A35 SATURDAY AUGUST 29, 2009 THE ASPENTIMES. COM •
…Maintaining election credibility is crucial to a free society. Once elections lose their credibility so does everything else, except for the use of force as a means for imposing political will.
The road to Aspen’s May 2009 election is strewn with the wreckage of credibility-eroding acts in the City Council’s drive to implement instant runoff voting (IRV). Early analysis to date has identified, among other discrepancies, the following:
http://votingnews.blogspot.com/2009/08/aspen-times-citys-waning-credibility.html

CO. Election glitches report on the way
County clerk wrapping up investigation Augu 29.(They use Hart Intercivic Optical Scanners) BOULDER — Boulder County Clerk and Recorder Hillary Hall is wrapping up her investigation into the problems that slowed the counting of county voters’ ballots cast in November’s general election…Hall said this week that she has reached some preliminary conclusions about what went wrong in 2008, when Boulder County officials delayed their announcement of preliminary vote totals until nearly three nights after the Nov. 4 polls had closed.
http://www.timescall.com/news_story.asp?ID=17804

CT. Connecticut Public Funding Law Held Unconstitutional Because it Discriminates Severely Against Minor Parties & Independent Candidates
August 27th, 2009
http://www.ballot-access.org/2009/08/27/connecticut-public-funding-law-held-unconstitutional-because-it-discriminates-severely-against-minor-parties-independent-candidates/

FL. Tallahassee City Commission retroactively disenfranchises voters at last minute
August 27. Until yesterday the city charter “called for a special election if a vacancy comes up before November in an odd-numbered, off-election year” according to the Tallahassee Democrat.
During yesterday’s city commission meeting this provision of the charter was unanimously retroactively removed …because of “economic conditions” and the fact that a special election may cost the city anywhere from $342,000 to $680,000…
http://www.examiner.com/x-16781-Tallahassee-Conservative-Examiner~y2009m8d27-Tallahassee-City-Commission-retroactively-disenfranchises-voters-at-last-minute

GA and MA. Why Vote On Paper? Tales from Georgia and Massachusetts
August 26, 2009 In Georgia they are claiming that all electronic voting is unconstitutional…Questions will always remain about the 2002 election in Georgia when Max Cleland was defeated for the Senate and Sunny Perdue was elected Governor.
…Contrast this to Massachusetts where Recounts of ballots can occur. Mistakes happen but they don’t have to result in the voters’ intent being bypassed
http://www.ctvoterscount.org/?p=2324

GA. UPDATE on 2004 E-Voting Machine Lawsuit: Voter GA Case History and Status
August 28, 2009
Here is the most recent update on the VoterGA E-Voting Machine Lawsuit from Garland Favorito:
http://tpmcafe.talkingpointsmemo.com/talk/blogs/amanda_lang/2009/08/update-on-2004-e-voting-machin.php?ref=reccafe

The Voting News Daily: Aspen Times: The city’s waning credibility

The online version of the Aspen Times had a glitch so this was seen in print version only.

COMMENT A35 SATURDAY AUGUST 29, 2009
THE ASPENTIMES. COM •

GUEST OPINION
The city’s waning credibility
Paul Menter

With the exception of how we choose to value ourselves, our friends, and our loved ones, virtually everything important is rooted in the results of elections. Think of their impact on our lives. The condition of schools where our children learn, how we protect the environment, our consideration of those who look, speak and believe differently than we do, and most fundamentally the people we wish to represent our interests as elected officials. All are decided by elections; our collective expressions of who we are as a community, a state, a nation. Maintaining election credibility is crucial to a free society. Once elections lose their credibility so does everything else, except for the use of force as a means for imposing political will. The road to Aspen’s May 2009 election is strewn with the wreckage of credibility-eroding acts in the City Council’s drive to implement instant runoff voting (IRV). Early analysis to date has identified, among other discrepancies, the following:

• The City Council, and not the voters, determined the vote counting method and interpretation rules — a method to which all seeking reelection would be subject. • Exacerbating this glaring conflict of interest, two Council members, both May election candidates, appointed themselves voting members of the IRV Task Force.
• On Election Day, TrueBallot used a different tabulation program than the one they tested. As a result, the vote tally in the mayor’s race was incorrectly counted. This fact was discovered by TrueBallot two weeks later.
• TrueBallot informed the city of this error on May 19. The city then withheld this information from the community, the Election Commission and the candidates until May 28 after the period for challenging the election had expired on May 22, stating that the error had no impact on election results.
• A mathematical anomaly inherent in IRV referred to cryptically as “non-monotonicity” created an illogical result. It appears that council candidate Michael Behrendt would have won a council seat if 75 of his supporters had ranked him second behind Jack Johnson instead of first. Council was warned of such unfair and arguably illegal IRV effects prior to the election but chose to ignore them.
• There never was a true audit of the election results, as claimed incessantly by the city. The 10 percent post-election review of ballots simply tested the ballot scanner, matching up ballot images to their comparative data strings. It did not test the accuracy of the TrueBallot vote tabulation program. Contrary to its claim, the city has to date produced no evidence of a “manual verification” of every ranking made on the ballots.

It’s not surprising that the City Council loathes release of additional information. It is, however, disappointing that the elected leaders of this self-actualized community reject the assistance of noted bipartisan election integrity experts Harvie Branscomb and Al Kolwicz, who could assist in improving the city’s election process for the future, whether the city continues to use IRV or not.

The Voting News Daily: AZ ballot case goes to court, Sequoia sells voter reg source code, Aspen ballot battle cont’d, TX paper ballot movement

Sequoia sells voter reg. source code. In Iowa, 50 counties will begin using electronic poll books. Pima county Arizona Ballot Case Back in Court Friday Aug. 28. The push for voter ID continues in Mississippi. An Aspen official says the city can’t turn ballots over for independent audit because ballots are only anonymous when locked up. (Huh?). Paper ballot movement in Texas? A Gregg County TX commissioner and local leaders of the 2 major pol. parties want a paper backup to the voting machines.
The Democracy Restoration act would restore voting rights to Americans who have served prison sentences but now live and work in the community. Would no excuse absentee voting increase turnout in Michigan? Benton County WA reported very low turnout even with all mail in voting. A WVa paper says keep state’s touchscreens but try to make them more secure. New Registration cards tell Frederick MD voters wrong place to go. Women got the right to vote 89 years ago. Roadblocks to the Ballot Box by Sen Edward Kennedy R.I.P.

AK. Arkansas Green Party Files Lawsuit to Be Restored to the Ballot
August 27th, 2009 http://www.ballot-access.org/2009/08/27/arkansas-green-party-files-lawsuit-to-be-restored-to-the-ballot/

AZ. Pima county RTA Ballot Case Back in Court Friday, Aug. 28, 2:30pm
http://votingnews.blogspot.com/2009/08/pima-county-rta-ballot-case-back-in.html

CO. City responds to ballot issue (Aspen official says ballots aren’t secret if seen)
…State laws that prohibit the release of ballots seek to guarantee that no one can discern anyone else’s ballot after they have been cast. This preserves the anonymity of the ballots. The city clerk is legally bound to keep all election materials securely locked until they are destroyed or a court orders otherwise.
http://www.aspentimes.com/article/20090827/LETTER/908269987/1020

CO. Take this poll: Release the Ballots? Non Aspen voters and Aspen voters please (link fixed)
http://survey.constantcontact.com/survey/a07e2kap53yfyq64eyv/a007fywibi05/questions

HI. Hawaii elections office to pay bills first, leave 4 key positions unfilled
HONOLULU — Caught in a financial squeeze by the state’s budget shortfall, the Hawaii Office of Elections has decided to pay its utility and other overhead costs for the rest of the fiscal year instead of filling four key positions as the 2010 elections approach. The positions, which include a supervisor to oversee the preparation and transportation of ballots, will go vacant until at least early next year, when the Legislature reconvenes
http://www.honoluluadvertiser.com/article/20090820/BREAKING01/90820013/Hawaii+elections+office+to+pay+bills+first++leave+4+key+positions+unfilled

IA. Iowa Secretary of State: New Precinct Management Software to be Utilized in Upcoming September 8 School Board Election
8/26/2009. Secretary of State Michael A. Mauro announced today that a new software program will be used in some polling places to assist precinct election officials during the Sept. 8 school board election. The program, called “The Precinct Atlas,” is an electronic poll book which will help precinct election officials effectively and consistently process voters on election day. ..More than 50 counties plan to use the program in either the Sept. 8 school election or the city elections in November.
http://www.iowapolitics.com/index.iml?Article=168306

MA. Massachusetts Legislature May Expedite Bill on Senate Vacancies
August 27th, 2009 …In January 2009, Massachusetts State House member Robert Koczera introduced HB 656, to permit the Governor to fill the vacancy immediately, although the state would still hold a special election approximately five months later.

The Voting News Daily: Pima county RTA Ballot Case Back in Court Friday, Aug. 28, 2:30pm

RTA Ballot Case back in court tomorrow Friday August 28th
Bill Risner Will Ask Judge Harrington for Stay to Preserve Ballots During Appeal.

Attend Hearing Friday August 28th2:30pm
Pima County Superior Court
110 West Congress, Judge Charles Harrington’s Court room- 4th floor, room 472.

The Hearing topic is the Pima County Republican Party’s Motion for Judgment on the Pleadings. The lawsuit is Beth Ford v. Democratic Party of Pima County that also includes the Libertarian and Republican Parties and the RTA. It is a Declaratory Judgment action where Beth Ford, Pima County Treasurer and custodian of the RTA ballots, has asked the court for “direction” as to whether she is required to destroy the RTA ballots.

The Democratic Party through their attorney Bill Risner, and the Libertarian Party, will ask the judge to “stay” his order until we appeal his earlier decision where he claimed that Arizona courts did not have subject matter jurisdiction to consider allegations of fraud in any election. Basically, the only issue that will be of interest is the decision on the stay question. The legal issue is extremely important but would be moot if the ballots were destroyed.

What’s At Stake

The real issue is whether our courts have any role in guaranteeing honest elections. Judge Harrington ruled that he is unable to consider that an election was rigged. The procedural ruling said that the court did not have jurisdiction of the very subject. It was assumed for the decision that the election was fraudulent and the result “rigged” to give a false result. Nonetheless, the Judge said Arizona’s courts could not hear or consider such a case. He said that a voter has five days only to challenge an election after the election canvass is approved. It is impossible to challenge an election within five days because a challenge must allege specifics that prove the outcome was actually different. Such evidence can never be obtained.

If proof is obtained, like for instance a sworn statement that the computer operator had been ordered to rig the election and did so, the court is nonetheless powerless to consider it. That is an unacceptable situation in a democracy, whether in Arizona or anywhere in the world. We want to appeal. An appellate court needs to rule on this issue. We think it is clearly wrong. If correct, we want it in writing from an appellate court that our courts are powerless to consider fraudulent elections. That is the issue. If the ballots are burned then a court of appeals could not consider the case.

We are seeking “prospective relief” so they cannot cheat in the future. However, history tells us there are many ways to cheat and if more ways are found we need to have the courthouse doors open to right the wrong. This case is as fundamental as it gets.

Add to this all the other problems previously exposed, documented and yet not answered leaves the public questioning whether our votes are being secured and accurately counted in Pima County.

The Voting News Daily: Take this poll: Release the Ballots? Non Aspen voters and Aspen voters please

A non-partisan research team is studying Aspen’s May election for ways to improve election transparency and verifciation. For their review, they require copies of the anonymous ballot images on an existing CD. The City of Aspen has refused a Colorado Open Records Act request to make this disk available.

This survey is to learn voter sentiment on this election transparency issue.

Aspen voters and non-Aspen voters are asked to participate. Please click through below to do so. Thank you in advance!
Release the Ballots? (Link corrected, wasn’t working earlier)

Voting News Archived here at http://votingnews.blogspot.com/
Subscribe by email at:
http://feedburner.google.com/fb/a/mailverify?uri=VotingNews&loc=en_US

The Voting News Daily: Tenn voting machine lawsuits Catch-22? Ohio SOS asked to investigate Lucas BOE,US Supreme Court may let Corp. money into elections

U.S. Supreme Court May Unleash Flood of Corporate Money into Elections. Georgia case challenging e-voting heads to Supreme Court for a ruling. Ohio SOS asked to investigate allegations against Lucas Co BoE including altering ballots. Former Hillsborough Co FL Elections Sup Buddy Johnson spent $401,000 in HAVA funds on his own campaign. Tennessee may see lawsuits whether paper ballot law is implemented or not. Tarrant County Democrats want a church removed as polling place due to politically oriented marquee sign. Maryland issues a RFP for voting machines a month after issuing RFP for voting services. Aspen Co voters’ new election method to be on the ballot itself this Nov. The economy again – Jefferson County can’t afford to run its elections – outsources to ES&S. Some New York Voters will vote on optical scan soon.

**Voting News will be off Wednesday Evening to attend the 4 year anniversary celebration of North Carolina’s paper ballot law, passed in August 2005. The news will be back Thursday.**

AL. Private Firm Handling Birmingham Election, County Can’t Afford To
8/24 It was just a month ago when the city resorted to Election Systems and Software to handle it’s election after learning Jefferson County couldn’t afford it.
…In fact in addition to Birmingham, the company is also doing city elections for Dothan and Tuscaloosa. “Last year during the municipal election season, we did approximately 330 municipal elections in Alabama. We do all the county elections, primary and general elections for every county in the state,”
http://www.cbs42.com/content/localnews/story/Private-Firm-Handling-Birmingham-Election-County/G93vXJ-anECbRn0Bhud2AA.cspx

CO. Aspen voters to weigh in on election method
ASPEN — Aspen residents will be asked this November an advisory question on whether they want to continue using Instant Runoff Voting in municipal elections.
The Aspen City Council on Monday unanimously passed a resolution that will place a question on the November ballot that asks voters to weigh in on the city’s first-ever IRV election method, conducted this past May for the seats of the mayor and two council members…Some council members have said in the past that they didn’t have enough confidence in, or an understanding of, the IRV process.
http://www.aspentimes.com/article/20090825/NEWS/908249955/1058

CO. Unusual ballot question looms for county: cost
August 24, 2009
What if an election were canceled because it cost too much?
A countywide ballot could be cancelled because none of the three open seats for the School District 51 Board of Directors election is a contested race.
http://www.gjsentinel.com/hp/content/news/stories/2009/08/24/082509_3A_Election_costs.html

FL. Sancho’s request to purchase Circuit City building raises concern
August 25, 2009 Debate is stirring among Leon County officials over the practicality of spending an estimated $4.5 million to buy a building to house the Supervisor of Election’s Office… this would be the first time the county has had a consolidated office and warehouse space for the supervisor’s office.
http://www.tallahassee.com/article/20090825/NEWS01/908250316/1010

FL. Hillsborough County’s Buddy Johnson improperly spent $401,000 as supervisor of elections, audit says
August 22 …Most of the inappropriate spending was money paid to Schifino Lee, a South Tampa advertising firm that produced a public campaign last year for Johnson’s office.

The Voting News Daily: U.S. Supreme Court May Unleash Flood of Corporate Money Into Elections

e-mail alert Public Citizen: Once upon a time, corporate titans bankrolled our elections with no limits. There were no social safety nets, no real labor laws, and no voting rights for most Americans. There were the haves and have nots.

This fall, a century of modest limits on corporate influence in politics could be completely rolled back, crushing progress on health care, the environment, energy, economic recovery … on everything!

The Supreme Court on September 9 hears a case, Citizens United v. Federal Election Commission, that reopens the question of unlimited corporate money in our elections. In a stunning move, the Court will reach back and reconsider two other pivotal campaign finance cases settled long ago. The potential result? A century-old pillar of campaign finance doctrine could be swept away.

Sound like a good idea? Sounds so very last, last century — except this time it wouldn’t be the robber barons — it would be the giant, multinational corporations buying our politicians outright.
Don’t let our elections and progress get rolled by corporate power!

PLEDGE TO PROTEST!

More including case info at this link

The Voting News Daily: Smartmatic must reveal source code, WVA touchscreens easily hacked,Aspen ballot battle continues

“Why does U.S. seemingly insist on electronic voting machines?” asks an IT professional in Japan. Indeed. The Philippines calls for review of Smartmatic source code. Good reason not to require voters to dip fingers in ink: Afghan election observers report finger amputations. West Virginia lawmakers hear expert testimony that their ES&S ivotronic touchscreens have “serious security vulnerabilities”. A Denver Colorado attorney says Aspen’s May 5 IRV ballots are subject to open records request.
Are some candidates for California’s top offices “Too big to vote”?
Economics affect elections again: Budget crunch may eliminate early voting in Evansville IN in next GE. Should there be fewer polling places in primaries? While some US states struggle to get paper ballots, a Ghana oped proposes electronic voting and biometric id as solution to vote rigging problems. Intimidation and Fraud Observed in Afghan Election. Afghans turn to the Twitterverse.

CA. Too big to vote?
Sunday, August 23, 2009
How do you run for California’s top political offices when you often have failed to vote yourself and have no political experience? …Some big names in the GOP have rallied behind former Hewlett-Packard CEO Carly Fiorina as she eyes a run against Democratic Sen. Barbara Boxer and former eBay CEO Meg Whitman as she prepares to run for governor…But both former CEOs have a boardroom-size problem: They have shoddy voting records.
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2009/08/22/INAQ19AI2K.DTL

CA. Proposed constitutional convention is a big con
08/22/2009 The most interesting thing about the New America Foundation think tank’s recent Sacramento seminar on replacing the California state constitution with something unknown and unpredictable was that even the foundation’s designated election law expert had to admit the “Pandora’s Box” problem
http://www.dailybreeze.com/opinions/ci_13185105

CO. Links to media- discussion of ballot release and election review
The two Aspen Colorado papers and one state-wide blog have been covering the topic of the Aspen May 5 IRV election and the upcoming Aspen Election Independent Review and numerous letters to editor. Here is a perhaps not complete collection of them:
http://aspenelectionreview.blogspot.com/2009/08/links-to-media-discussion-of-ballot.html

CO. More calls for release of ballots
August 24, 2009 ….Sources from across the state and the political spectrum called into question the city of Aspen’s reasoning for not making citizens’ ballots from the May election public…
Thomas Kelley, a Denver attorney who specializes in open records law, said he has studied the issue before and concluded that ballots are subject to open records requests, as long as the ballots don’t identify the voter.
http://www.aspendailynews.com/section/home/136238

CT. Should There Be Fewer Polling Places For Primaries?
…When we think of a large cities such as Hartford, New Haven, and Bridgeport its easy to see how reducing polling places could reduce turn-out and locations could easily change the result
http://www.ctvoterscount.org/?p=2267

IN. Sunday Soapbox (budget dispute about early voting)
August 22, 2009
Due to a budget dispute, that service may not be available during next year’s general election. County Clerk Susan Kirk says she would need $60,000 in 2010 to pay part-time workers to man the voting centers
http://www.courierpress.com/news/2009/aug/22/no-headline—23a13soap/

NY. City Council campaigns use social media
August 23, 2009 ..They

The Voting News Daily: Hanging chads in Afghanistan? PA voter database flaws, Dual for Aspen ballots continues

U.S. officials eye hanging chads — in Afghanistan. “The citizens of Aspen are asking: Whose election is this anyway? Does it belong to the government — made up of the very officials who are candidates in each election? Or is it the people’s election?”. That question posed by voting activists Harvie Branscomb and Al Kolwicz, when Aspen City officials refused to allow independent review of ballots cast in Aspen’s May election. In PA, a trial over a petition drive reveals deep flaws in PA voter registration database. A Washington paper says look before leaping, learn from HAVA mistake. Afghani women find obstacles to voteing – male family members can vote their ballots by proxy.

CO. Show us our ballots!
Letter to the Editor Friday, August 21, 2009
Editor:
Is this Iran? I implore you to assign a reporter to investigate the issue of why the city refuses to let the public see CDs of the anonymous ballot images from the May election….Ballots are anonymous, and not personal. What is the city’s real objective here after hailing their “transparency” for this election?
http://www.aspendailynews.com/section/letter-editor/136197

CO. Whose election is this anyway? OpEd.
by BY HARVIE BRANSCOMB AND AL KOLWICZ Friday, August 21, 2009
…The city says trust: but don’t verify….The record of the collective intent of the voters is contained on ballots and on a disk which, although made for the purpose of transparency, is being withheld from the public- locked away in the “ballot box.”
http://www.aspendailynews.com/section/columnist/136195
http://aspenelectionreview.blogspot.com/2009/08/gues-editorial-august-20-2009-on-aspen.html (cached version)

CO. Secret ballots: A matter of law
August 21, 2009 The city of Aspen has not released the ballots or images of the ballots for the 2009 spring election because we have a legal responsibility rooted in the state constitution, statutes and Supreme Court decisions to protect every citizen’s right to a secret ballot.
http://www.aspendailynews.com/section/columnist/136196

FL. Fla elections commission inquiry prompted WellCare to disclose illegal campaign funds
…Of the company’s 142 violations, all except 32 were before June of 2007, meaning they can’t be held accountable for them because of a 2-year statute of limitation.
http://blog.taragana.com/n/fla-elections-commission-inquiry-prompted-wellcare-to-disclose-illegal-campaign-funds-145285/

MA. Dennis will recycle outdated voting machines
By Nicole Muller
Fri Aug 21, 2009, 06:00 AM EDT
DENNIS – Where do voting machines that have outlived their use go? Is there a voting-machine graveyard or a special recycling center for this equipment?
At Town Clerk Terri Bunce’s request, Dennis selectmen have declared as surplus eight 1995 Optech Eagle voting machines that were replaced earlier this year with five new AccuVote machines used for the first time at the May town election.
…The Optech machines cost $6,300 each in the mid-1990s, and six of them still function. “
http://www.wickedlocal.com/dennis/news/x2145968136/Dennis-will-recycle-outdated-voting-machines

NM. New Mexico Attorney General Responds to Libertarian-Green Ballot Access Lawsuit August 21st, 2009 On August 18, the New Mexico Attorney General filed this 37-page brief in response to the ballot access lawsuit Woodruff v Herrera, filed by the Libertarian and Green Parties on May 7.
http://www.ballot-access.org/2009/08/21/new-mexico-attorney-general-responds-to-libertarian-green-ballot-access-lawsuit/

PA. Pennsylvania Hearing Reveals Problems in Checking Petitions
August 21st, 2009
On August 20, a Commonwealth Court in Pennsylvania disqualified Wieslaw Niemoczynski from the November 3, 2009 ballot as an independent candidate for Monroe County Common Pleas Judge.

The Voting News Daily: Former New Mexico SOS indicted, Obion Co TN suing to block paper ballot law, WA Mail ballots take their time, Afghanis tweet election

Bombshell: Former New Mexico SOS Vigil-Giron is accused of embezzlement, money laundering scheme, soliciting or receiving an illegal kickback and offering or paying an illegal kickback. Over $2 million can’t be accounted for. Its ok to spend millions of $$ and “test” electronic poll books in Tennessee, but its too hard to implement paper ballot law. Obion County, Tennessee plans to sue to delay paper ballot law. Weakley County officials say new voting machines need to be in place by July 2010. In Ohio, several charges dropped in ‘False Statements’ case following FBI whistleblower’s testimony. Economics again – Indiana’s SOS had to order a county to hold a special election that will cost the county $414K. In Washington, vote-by-mail ballots only have to be postmarked by election day – not delivered. Afghans tweet about voter intimidation.

AL. Caught in the Crosshairs: Gov Don Siegelman talks with OpEdNews, Part Three “We await the United States government’s response to our motion for a new trial based on their (prosecutorial) misconduct.”
http://www.opednews.com/articles/2/Caught-in-the-Crosshairs–by-Joan-Brunwasser-090818-779.html

IN. Sec. of state: Follow the law
Lake County must hold transit referendum according to elections chief
August 20. That’s the simple message Indiana Secretary of State Todd Rokita had Wednesday for Lake County officials battling over whether to hold and how to pay for a November transit referendum…The Lake County Council has refused to pay the estimated $414,000 cost of the referendum determining whether a regional transit authority is created in Northwest Indiana.
http://nwitimes.com/news/local/article_99203566-e954-5d49-88cc-1802d26aa3bd.html

KY. Bullitt moves to paper ballots
August 19, 2009 Fiscal Court on Tuesday approved the purchase of 53 Hart Intercivic eScan voting machines, which involve voting on paper and scanning the ballots into a computer…Fiscal Court unanimously voted to purchase 44 eScan machines, using $198,000 in the state Secretary of State’s office available to Bullitt
http://www.courier-journal.com/article/20090819/ZONE10/908190378/Bullitt+moves+to+paper+ballots

MA Sherborn’s election invalidated
Aug 20, 2009 Sherborn – Sherborn Town officials are waiting for Governor Deval Patrick to take action on special legislation designed to salvage the town’s May 12 Annual Election, which was invalidated last month due to a posting error.
http://www.wickedlocal.com/sherborn/news/x2145965172/Sherborn-s-election-invalidated

NM. Vigil-Giron accused of embezzlement, money laundering scheme
8/19/09 The indictment lays out a scheme whereby several large deposits were made into a Wells Fargo bank account controlled by Gutierrez over several years — $2 million in 2004; $2 million in 2005; and $1.7 million and $186,500 in 2006
http://newmexicoindependent.com/34461/vigil-giron-indictment-alleges-embezzlement-and-money-laundering-scheme

NM. Prosecutors allege the theft of millions of dollars
Vigil-Giron and other defendants each face 50 counts in indictments issued today by grand jury Posted 8/19/2009 Former Secretary of State Rebecca Vigil-Giron and the others indicted today by a state grand jury each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion in the alleged theft of millions of dollars.
http://haussamen.blogspot.com/2009/08/prosecutors-allege-plot-to-steal.html

NM. Rebecca Vigil-Giron targeted in probe of voter education funds
8/19/09 …Audit says more than $2 million can’t be accounted for
http://newmexicoindependent.com/34404/vigil-giron-targeted-in-probe-of-voter-education-funds

OH. Several Charges Dropped in ‘False Statements’ Case Following FBI Whistleblower’s Testimony.
Rep. Jean Schmidt drops four claims in Ohio election case, following deposition by formerly-gagged Turkish-American translator Sibel Edmonds, adds another
Preliminary panel finds ‘probable cause’ in several claims against Krikorian…
http://www.bradblog.com/?p=7359

The Voting News Daily: Hacking NEDAP voting machine in 60 Seconds, San Fran voters privacy invaded, In WA a ballot box overflows

We’ve got another hack story today. Video shows NEDAP hack done in 60 seconds. In Aspen more calls to make May’s ballots available for independent audit. Voting activist Harvie Branscomb is part of the audit team. Economic downturn mean less early voting locations in an Indiana County and consolidation of voting locations in a New York Village. In Ballard, Washington a ballot box is overflowing. The Justice Department rejected non-partisan municipal elections for Kinston NC as it “would hurt black voters’ ability to “elect candidates of choice.” In Nevada, Ex-ACORN Vegas director to testify against group. San Francisco voters upset to find their private information posted at polling places. Voting machines: hackable, crackable, hijackable

CA. City considers making voter information confidential
08/18/09 Privacy and accountability are apparently clashing in San Francisco elections. Complaints have been rolling in to the Department of Elections about personal information such as phone numbers and e-mail addresses being posted publicly outside polling spots…What’s the solution? The Department of Elections wants to change its policy so voters can provide their information for “administrative use only.”
http://www.sfexaminer.com/opinion/blogs/under-the-dome/City-considers-making-voter-information-confidential-53618982.html

CO. Make the ballots public
If I may quote the actor Slim Pickens from the Mel Brooks movie “Blazing Saddles,” “What in the wide wide world of sports is going on around here?”
…Marks and Branscomb should be granted their request, knowing the facts stated above and that the city issued a press release on May 28 stating that there were errors in tabulations of the mayoral race exposed by TrueBallot (the company that ran the election).
http://www.aspentimes.com/article/20090819/LETTER/908189974/1020

CO. Minnesota group takes aim at Aspen’s election
August 19 A Minnesota group which says instant runoff voting is unconstitutional said it plans to file a federal lawsuit challenging Aspen’s May election and the voting system it used. “This is the essence of the main argument against IRV — your vote can be changed in its value and effect by the votes cast by others,”
http://www.aspendailynews.com/section/home/136163

CT. Hartford: Wasting $ As Usual
..For a city the size of Hartford there should be no problem having three registrars and the costs should be minimal.
http://www.ctvoterscount.org/?p=2254

IN. Library voting may end in ’10
Budget cut seen as best election fit
August 19, 2009
Early voting in libraries in Vanderburgh County will be eliminated in 2010 if a budget cut proposed Tuesday takes effect, the county’s chief elections officer said.
http://www.courierpress.com/news/2009/aug/19/library-voting-may-end-in-10-budget-cut-seen-as/

NC. Justice Department rejects non-partisan voting
Federal officials concerned changes would hurt black voters’ ability to “elect candidates of choice.” August 18…In a letter sent to City Attorney Jim Cauley late Monday, acting Assistant Attorney General Loretta King stated “the elimination of party affiliation on the ballot will likely reduce the ability of blacks to elect candidates of choice.”
http://www.enctoday.com/articles/department-57925-kfpress-justice-waiting.html

NJ. Should politicians be required to take lie detector tests?
The new electronic voting machine
August 18th.
http://whyy.org/blogs/itsourcity/2009/08/18/should-politicians-be-required-to-take-lie-detector-tests/

NV. Ex-ACORN Vegas director to testify against group August 19
Chief Deputy Nevada Attorney General Conrad Hafen said Wednesday that Christopher Edwards’ plea deal strengthens a felony case against the Association of Community Organizers for Reform Now and Amy Busefink, a former regional voter registration director for ACORN.

The Voting News Daily: 8/18 Plaudits for Audits, MN’s IRV test, NY’s candidate whack-a-mole, Biometrics in Voter ID

The economy continues to impact election administration. Shrinking voter rolls for Annapolis Maryland. Plaudits for (Post-Election) Audits (video) :} The push for voter id in Mississippi continues. In Minnesota, instant runoff voting tested. In New York, one out of every five would-be candidates for local office gets knocked off the ballot. Meanwhile, the PA Supreme Court upheld the practice of charging candidates for the costs of removing them from the ballot. 2 accused of double voting in Arizona. King County has joined most Washington state in all-mail voting, Bolivia will use biometric voter ID. Japan’s Twitter-Free Election Campaign.

AZ. 2 in court accused of double voting
If they did, it was error, lawyer says
08.14.2009 The attorney for a Green Valley couple accused of voting twice in the 2008general election says if his clients did so, it was an innocent mistake rather than a malicious act…The Marshalls are accused of voting in the general election in both Kansas — where they lived until relocating to Green Valley last year — and Arizona, court records show
http://www.azstarnet.com/metro/304900

GA. First Brief Filed in Georgia Ballot Access Case
August 18th, 2009 On August 17, Faye Coffield filed her first brief in the 11th circuit, in Coffield v Handel, 09-13277, the case challenging the 5% (of the number of registered voters) petition requirement for minor party and independent candidates for U.S. House. As the brief makes abundantly clear, no one has completed this petition since 1964,
http://www.ballot-access.org/2009/08/18/first-brief-filed-in-georgia-ballot-access-case/

IL. Without GOP Support, Quinn Signs Voter Registration Extension
August 18, 2009 …HB 267 (now Public Act 96-0441), sponsored by Rep. Will Davis and Sen. James Meeks, extends that grace period one additional week, leaving only seven days between the final deadline and the opening of the polls.
http://progressillinois.com/2009/8/17/without-gop-quinn-registration

IN. Election costs and police pay wipe out most of county’s new money as budget hearings hit crunch time
http://www.chestertontribune.com/PorterCounty/81891%20election_costs_and_police_pay_wi.htm

IN. Knox mayor says he’ll testify before grand jury
Aug 17, 2009 at 4:54 KNOX — Mayor Rick Chambers has been issued a subpoena to appear before a grand jury Wednesday to testify into alleged voter fraud and perjury, he said Monday in a news release.
http://www.wsbt.com/news/local/53494297.html

KY. Bullitt Fiscal Court to discuss voting machines
August 17, 2009 Bullitt County Fiscal Court will hear an update on buying new voting machines at Tuesday’s meeting…Mooney’s office is working to redraw precinct boundaries and add new ones, which could require 24 to 30 new machines,
http://www.courier-journal.com/article/20090817/ZONE10/908170346/1008/NEWS01

MD. Annapolis voter rolls downsized
Democrats outnumber Republicans 2-to-1 now
08/17/09 Registered voters in Annapolis are doing two things: turning bluer and disappearing
http://www.hometownannapolis.com/news/top/2009/08/17-30/Annapolis-voter-rolls-downsized.html

MN. Residents try hand at new voting system
Instant-runoff voting is easier to cast than count, judging by our informal test run that sampled people ranging from our office to a senior citizen residence.
http://www.startribune.com/local/53359392.html?page=1&c=y

MS. Rosamond seeks judicial review of Canton Ward 1 election
August 17, 2009 … Though Brown has been carrying out alderman duties since his swearing-in in July, Rosamond wants the election results thrown out because of alleged fraud and illegal voting in the May 19 runoff between he and Brown.

The Voting News Daily: 8/17. Hack intercepts NEDAP voting machine signal, New research database on US voting systems, NM Judge convicted of vote fraud

A new voting machine hack, intercepts NEDAP voting machine signal. Online Poll: Should Aspen’s ballots be disclosed for an independent audit? There’s a new Research Database on the U.S. Voting System and Voting Technology by the American Association for the Advancement of Science. NC Verified celebrates 4 yr anniversary of paper ballot law. A NM judge convicted of vote fraud. With all the new hacks, what are we doing about it and Brad Friedman asks – where’s the mainstream media?

CO. Do you think Aspen City Council should disclose the ballots from last May’s election? (Poll)
http://www.aspendailynews.com/poll/do-you-think-aspen-c

NC Verified Voting Meetup Aug 26 Celebrates 4 Year Anniversary of paper ballot law
http://ncvoters.blogspot.com/2009/08/nc-verified-voting-meetup-aug-26.html

NC.North Carolina Elections – Protecting The Vote
New voting hack uses machines decommissioned by a North Carolina county
http://ncvoters.blogspot.com/2009/08/new-voting-hack-uses-machines.html

NM. Former Sunland Park judge convicted of voter fraud
8/17/09 a jury convicted Favela of falsely declaring himself a resident of Sunland Park in 2008 so he could run for judge, falsifying a document that declared him a qualified voter, and voting twice in the 2004 general election — once in El Paso, Texas and once in Doña Ana County.
http://newmexicoindependent.com/34148/former-sunland-park-judge-convicted-is-another-voter-fraud-case-coming

TN. Computer Scientist Says Yes to Paper Ballots » LIBERADIO(!)
…We could have the kind of secure election the professor suggests with paper, paper ballots as ballot of record, and random audits because that’s what the Tennessee Voter Confidence Act mandates…
http://www.liberadio.com/2009/08/17/computer-scientist-says-yes-to-paper-ballots/

WA. County’s top elections official discusses the vote-by-mail process
All but one county in the state vote by mail, so the idea of going to the polls on “election day” has been replaced with a three-week period in which ballots are mailed out, received, marked, signed and returned
http://www.spokesman.com/stories/2009/aug/17/vicky-dalton/

US. New Research Database on the U.S. Voting System and Voting Technology provided by the American Association for the Advancement of Science.
The Research Database on the U.S. Voting System and Voting Technology provides access to empirical and analytical research about voting and elections to inform evidence-based reforms.
http://votingtech.aaas.org/default.aspx

US.Census Bureau begins printing 2010 questionnaires
…For the first time, more than 13 million questionnaires will be bilingual in English and Spanish..
http://nonprofitvote.blogspot.com/2009/08/census-bureau-begins-printing-2010.html

US. “Is Your 401(k) Used to Influence Congress?”
http://electionlawblog.org/archives/014276.html

US. The BRAD BLOG : New Hack of Sequoia Voting Machine Changes Votes …
Hacks of our electronic voting systems used to be big news. Now though, it’s been done so many times, and is apparently so simple to do, that the news hardly registers in the corporate mainstream media (if it ever did in the first place). Yet, almost nothing has been done about virtually any of it to date.
http://www.bradblog.com/?p=7362

AFGHANISTAN. Threat of violence looms over Afghan vote
http://www.google.com/hostednews/ap/article/ALeqM5gH6zTk0ZvJGljIu7bpEh3P2uECEwD9A4S6AO0

Germany. Voter Machine Van Eck Radiation Intercept Demonstrated
By Marc Handelman on August 17th, 2009
News is spreading of a successful voter machine signal intercept hack. German Chaos Computer Club’s member Andreas Bogk, utilizing a Van Eck radiation detection technique has apparently intercepted European Nedap voting machines data, and has thereby entered into the hallowed halls of so-called TEMPEST intercept attacks
http://infosecurity.us/?p=10613

The Voting News Daily: 8/17 Why the “new hack” matters-video, CA SOS Bowen at OpenSource-video, Double voting in an online election

More articles on the “new hack”. 2 excellent videos: Video of Computer scientist Hovav Shacham explaining what the new hack is and why it matters. Video of California SOS Bowen at OpenSource World event. CA’s SOS used cloud computing to handle peak election night loads on the SOS website. Alabama lawmakers defend voting the machines of others. A group pushes for Vote By Mail in Idaho. Online election for a union in Wichita needs do-over after some people voted twice. Budget cuts continue to impact elections, this time in NC. A Texas county gets e-poll books. In Netherlands, the CCC demonstrates TEMPEST measurement of voting machines. Iran tries more activists in post-election turmoil. *News is light considering it came from 150 alerts for voting issues. *Try to take a minute watching one of the videos to learn why the “new hack” matters.

AL. Legislature really can be efficient
August 16, 2009 House rules allow members to vote the machines of fellow members who are not present when recorded votes are taken, as long as no one objects ahead of time. …Legislators defend voting the machines of others as simply a harmless practice that is a courtesy for the missing legislator. And if lawmakers only voted when their colleagues were away from their desks for a few minutes and asked them to so, there probably would be no harm in it… The best way to ensure integrity in the legislative voting process would be to require that no one vote ever on any machine but his or her own.
http://www.montgomeryadvertiser.com/article/20090816/OPINION01/908150314

AZ. Good to see county address privacy concern
August 13, 2009 There is an expectation of privacy when voting, so when people found their signatures were visible on the outside of Yuma County mail-in ballots in recent elections, there was reason for concern…Something has now been done about that issue. Most of the early mail ballots sent out for the Sept. 1 Yuma primary election have an extended flap on the ballot envelope that hides the signature of the voter returning the ballot.
http://www.yumasun.com/opinion/mail-52129-ballots-concern.html

CA.Open-source voting: Secure over obscure? (has video of SOS Debra Bowen)
At the OpenSource World event in San Francisco, California Secretary of State Debra Bowen says open-source software can help improve security in voting systems. Even with built-in security measures, though, potential human error among thousands of volunteers will put them at risk.
http://blogs.zdnet.com/BTL/?p=22684

CA. OpenSource World 2009 …She (SOS Bowen) also told a great story of how her office decided to try using cloud computing to handle the peak election night loads on the Secretary of State’s website. The result was that instead of spending $800,000 on computer upgrades, they paid a $7 bill to Amazon for EC2 usage.
http://blog.freemodelfoundry.com/2009/08/14/opensource-world-2009/

CO. Release the ballots
Aug 15. Aspen’s election process is in doubt. Denying access to the May election ballots is a barrier to truth, not a protection of voters’ rights. The integrity of Aspen’s voting system requires that they be released now.
http://www.aspentimes.com/article/20090815/LETTER/908159995/1020

ID Idaho group will proceed with petition to put vote by mail initiative on 2012 ballot 08/14/09 A group is proceeding with a initiative petition to put a vote by mail initiative on the ballot for the 2012 election.

The Voting News Daily: 8/13. More on voting machine hack, Canada moves forward with internet voting plans, India high court orders proof EVMs can be tampered with

The new Sequoia hack triggers humor amidst alarm and renews calls for paper ballots. Argument for open source repeated in wake of the recent Diebold software patch. Florida election laws may address google ads. Illinois voters will be able to register up to 7 days before election if gov signs bill. TX two step primary to be challenged in Fed Court. A VA county moves election date to save money. Canada moves on with internet voting in spite of fresh warnings from computer scientists. In India, the Madras High Court today directs the Pattali Makkal Katchi (PMK) President G. K. Mani to demonstrate how EVMS can be hacked.

CA. California Still Willing to Give e-Voting a Try
Secretary of State discusses the flaws in the system but remains committed to electronic voting. Dell talks up cloud computing.
…Paper ballots right now, she said, mean “never having to say ‘I trust you’ to thousands of lines of code no matter how cute they may be,” she added.
http://www.internetnews.com/security/article.php/3834386

FL. Florida Election Laws May Adapt to New Media Demands
Aug 13th, 2009 A case that penalized St. Petersburg mayoral candidate Scott Wagman for using Google ads in his campaign could lead to a new law making the practice acceptable in political races across the Sunshine State….The problem arose when a complaint was filed against Wagman who used Google click ads that do not say who paid for them, which is against election law. The Wagman campaign contended that it was impossible to provide the disclaimer because the ads contain a character limit.
http://www.jaxobserver.com/2009/08/13/florida-election-laws-may-adapt-to-new-media-demands/

IL. Waiting for Governor’s signature. HB 267, which allows grace period voter registration as late as 7 days prior to an election (now, grace period registration ends 14 days prior), was sent to the governor on June 17. The governor has until Sunday, August 16 to take action.
http://www.ilga.gov/legislation/BillStatus.asp?DocNum=267&GAID=10&DocTypeID=HB&LegID=40393&SessionID=76&GA=96

MA. City consolidates polling places to save money
SALEM — Many voters will cast their ballots at new locations this fall, as the city cuts back on the number of polling stations to save money.
…it saves you in police costs and handicap machines programming.”
The state provided the city an estimate of $1,000 per handicapped voting machine for the cost of programming each one, LaPointe said.
http://www.salemnews.com/punews/local_story_225000631.html?keyword=secondarystory

NC. Only two candidates participating in Chapel Hill’s voter-owned elections
…It’s a simple, albeit controversial idea: The public should fund campaigns for viable candidates so everyone, not just those who can afford to bankroll their campaigns, has a fair shot at winning office.
http://www.indyweek.com/gyrobase/Content?oid=399354
NCSBoE presentation on Voter Owned Elections
http://www.app.sboe.state.nc.us/NCSBE/docs/TOCHVOEP/player.html

NE. Mail-in elections a growing trend
…In what is a growing trend across Nebraska, more and more villages, cities and counties are holding “mail-only” elections when considering local issues such as sales tax proposals, school bond issues and keno measures
http://www.omaha.com/article/20090813/NEWS01/708139914

NY. Upcoming elections bring new equipment, rules
Instead of drawing a curtain, flipping levers and pulling a handle to register votes, voters will be given a paper ballot and a pen, and guided to a screened area where they will fill in boxes next to their candidates’ names…But there are other changes besides the obvious ones in store for voters, including identification for first-time voters – through a driver’s license or the last four digits of the voter’s Social Security number – when they arrive at the polls.

The Voting News Daily: 8/12 Diebold quietly patches flaw, TX election database down, Tenn County asks Atty Gen on voting machines, New hack costs under $100K

Diebold Quietly Patches Security Flaw in Vote Counting Software. Ballot dispute: The Aspen Colorado City Council refuses to release ballots for an independent review while the Aspen Times supports it. Texas elections databases and other parts of the SOS computer system have been down since last week. The GA SoS asks again for the U.S. Justice Department to approve a law that requires strict matching for voter registration. In Tenn, a county seeks state Atty General’s opinion on voting machine law. The NEW voting machine hack cost less than $100K. Kenya may vote without paper in 2012. Officials there believe that “It eliminates rigging claims, manual tallying and delay of results,”

CO. City sticks to position not to release ballots
August 12, 2009
…Aspen for the first time used an instant runoff voting system in the May election, which required complex software to count the ballots. Branscomb said he is interested in a full analysis of the election that could be shared with other communities who might be interested in some of Aspen’s tactics.
http://www.aspendailynews.com/section/home/136054

CO. What’s the secret behind ballots?
The city should err on the side of openness and disclosure. An honest review of the IRV process is in everyone’s best interest, regardless of political affiliation, and refusing to release the ballots makes it look like the city is either stonewalling a political opponent or trying to hide something.
http://www.aspentimes.com/article/20090812/DAILYCOMMENT/908119977/1019/NONE&parentprofile=1061

GA. State of Georgia Submits Voter Verification Process to U.S. Department of Justice for Reconsideration (wants “no match no vote” requirement)
Atlanta (August 12, 2009) – Georgia Secretary of State Karen Handel today announced that the State of Georgia has asked the U.S. Department of Justice (DOJ) to reconsider its May 2009 objection of preclearance for two critical voter verification processes utilized in the November 2008 General Election.
http://www.theweekly.com/news/2009/August/12/Voter_Verification.html

NC. Elections Board OKs Kurtz’s mayoral candidacy
Hendersonville. During the quasi-judicial hearing this morning, Kurtz presented evidence and witnesses to prove that his primary residence is 202 N. Main Street
http://www.blueridgenow.com/article/20090812/NEWS/908129985?Title=Elections-Board-OKs-Kurtz-s-mayoral-candidacy

TN. Sullivan County Election Officials Misinterpret New Election Law
August 12, 2009 …as a state, we can use any paper ballot counting machines we want to use. It’s our choice…kind of a states’ rights thing. Booher can use the machines he purchased in 2006 and Tre Hargett can allow the other county Election Administrators to purchase machines like the ones that have been working without incident in Hamilton, Pickett and, apparently, Sullivan counties.
http://www.liberadio.com/2009/08/12/sullivan-county-election-officials-misinterpret-new-election-law/

TN.Sullivan Officials Won’t Push For Voter Act Delay
August 12, 2009 …Dessauer further suggested the commission contact state Attorney General Robert Cooper to get a formal opinion because it is technically his job to answer such questions and give legal advice to local governments.
http://www2.tricities.com/tri/news/local/article/sullivan_officials_wont_push_for_voter_act_delay/30423/

TN. Sullivan to seek attorney general’s opinion on voting machine deadline
August 11th, 2009 BLOUNTVILLE — Sullivan County election officials want a state attorney general’s opinion on whether or not local election commissions across the state can be held liable if they fail to meet a deadline next year for optical scan voting
http://www.timesnews.net/article.php?id=9015956