Bob Fitrakis and Harvey Wasserman : Will E-Voting Machines in Ohio Give Romney the Election?

Political cartoon by Dan Wasserman / Boston Globe
Will Ohio’s H.I.G.-owned e-voting machines
give Romney the White House?

The widespread use of electronic voting machines from ES&S, and of Diebold software maintained by Triad, allowed Blackwell to electronically flip a 4% Kerry lead to a 2% Bush victory in the dead of election night.

By Bob Fitrakis and Harvey Wasserman / The Rag Blog / October 16, 2012

See Thorne Dreyer's interview with journalist Harvey Wasserman and author Tova Andrea Wang about voter suppression and voter theft -- including issues discussed in this article -- at The Rag Blog, and listen to the Rag Radio podcast.

Electronic voting machines owned by Mitt Romney’s business buddies and set to count the votes in Cincinnati could decide the 2012 election.

The narrative is already being hyped by the corporate media. As Kelly O’Donnell reported for NBC’s Today Show on Monday, October 8, Ohio’s Hamilton County is “ground zero” for deciding who holds the White House come January 2013.

O’Donnell pointed out that no candidate has won the White House without carrying Ohio since John Kennedy did it in 1960. No Republican has EVER won the White House without Ohio’s electoral votes.

As we document in the e-book Will the GOP Steal America's 2012 Election?, George W. Bush got a second term in 2004 thanks to the manipulation of the electronic vote count by Ohio’s then-Secretary of State J. Kenneth Blackwell. Blackwell served as the co-chair of the state’s committee to re-elect Bush/Cheney while simultaneously administering the election.

The widespread use of electronic voting machines from ES&S, and of Diebold software maintained by Triad, allowed Blackwell to electronically flip a 4% Kerry lead to a 2% Bush victory in the dead of election night. ES&S, Diebold and Triad were all owned or operated by Republican partisans. The shift of more than 300,000 votes after 12:20 am election night was a virtual statistical impossibility.

It was engineered by Michael Connell, an IT specialist long affiliated with the Bush Family. Blackwell gave Connell’s Ohio-based GovTech the contract to count Ohio’s votes, which was done on servers housed in the Old Pioneer Bank Building in Chattanooga, Tennessee.

Thus the Ohio vote tally was done on servers that also carried the e-mail for Karl Rove and the national Republican Party. Connell died in a mysterious plane crash in December, 2008, after being subpoenaed in the King-Lincoln-Bronzeville federal lawsuit focused on how the 2004 election was decided (disclosure: we were attorney and plaintiff in that suit).

Diebold’s founder, Walden O’Dell, had vowed to deliver Ohio’s electoral votes -- and thus the presidency -- to his friend George W. Bush. That it was done in part on electronic voting machines and software O’Dell happened to own (Diebold has since changed hands twice) remains a cautionary red flag for those who believe merely winning the popular vote will give Barack Obama a second term.

This November, much of the Ohio electorate will cast its ballots on machines again owned by close cronies of the Republican presidential candidate. In Cincinnati and elsewhere around the state, the e-voting apparati are owned by Hart Intercivic. Hart’s machines are infamous for mechanical failures, “glitches,” counting errors and other timely problems now thoroughly identified with the way Republicans steal elections.

As in 2004, Ohio’s governor is now a Republican. This time it’s the very right-wing John Kasich, himself a multi-millionaire courtesy of a stint at Lehman Brothers selling state bonds, and the largesse of Rupert Murdoch, on whose Fox Network Kasich served as a late night bloviator. Murdoch wrote Kasich a game-changing $1 million check just prior to his winning the statehouse, an electoral victory shrouded in electronic intrigue. The exit polls in that election indicated that his opponent, incumbent Democrat Ted Strickland, had actually won the popular vote.

Ohio’s very Republican Secretary of State is John Husted, currently suing in the U.S. Supreme Court to prevent the public from voting on the weekend prior to election day. As did Blackwell and Governor Robert Taft in 2004, Husted and Kasich will control Ohio’s electronic vote count on election night free of meaningful public checks or balances

Hart Intercivic, on whose machines the key votes will be cast in Hamilton County, which includes Cincinnati, was taken over last year by H.I.G. Capital. Prominent partners and directors on the H.I.G. board hail from Bain Company or Bain Capital, both connected to Mitt Romney. H.I.G. employees have contributed at least $338,000 to Romney’s campaign. H.I.G. Directors John P. Bolduk and Douglas Berman are major Romney fundraisers, as is former Bain and H.I.G. manager Brian Shortsleeve.

U.S. courts have consistently ruled that the software in electronic voting machines is proprietary to the manufacturer, even though individual election boards may own the actual machines. Thus there will be no vote count transparency on election night in Ohio.

The tally will be conducted by Hart Intercivic and controlled by Husted and Kasich, with no public recourse or accountability. As federal testimony from the deceased Michael Connell made clear in 2008, electronically flipping an election is relatively cheap and easy to do, especially if you or your compatriots programmed the machines.

So as the corporate media swarm through Ohio, reporting breathlessly from “ground zero” in Cincinnati, don’t hold your own breath waiting for them to also clarify that the voting machines in what may once again be America's decisive swing state are owned, programmed, and tabulated by some of the Romney campaign’s closest associates.

[Bob Fitrakis and Harvey Wasserman are authors of Will the GOP Steal America's 2012 Election?, their fifth book on election protection. It is available as an e-book at harveywasserman.com and freepress.org. Read more of Harvey Wasserman and Bob Fitrakis' writing on The Rag Blog.]

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Bob Fitrakis and Harvey Wasserman : Could Nine GOP Governors Flip the Vote?

Boss Tweed: "As long as I count the votes, what are you going to do about it?” Cartoon by Thomas Nast / Harper’s Weekly, October 7, 1871. Image from Scoop Independent News.
Will nine GOP governors electronically
flip Romney into the White House?

In tandem with the GOP's massive nationwide disenfranchisement campaign, they could -- in the dead of election night -- give Romney a victory in the Electoral College.

By Bob Fitrakis and Harvey Wasserman / The Rag Blog / September 27, 2012

Journalist Harvey Wasserman and author Tova Andrea Wang will discuss Voter Suppression in America with Thorne Dreyer on Rag Radio, Friday, October 5, 2012, 2-3 p.m.(CDT), on KOOP 91.7-FM in Austin, and streamed live on the Internet. Rag Radio is rebroadcast on WFTE-FM in Scranton and Mt. Cobb, PA, Sunday mornings at 10 (EDT).

Nine Republican governors have the power to put Mitt Romney in the White House, even if Barack Obama wins the popular vote.

With their secretaries of state, they control the electronic vote count in nine key swing states: Florida, Virginia, Pennsylvania, Ohio, Michigan, Iowa, Arizona, and New Mexico. Wisconsin elections are under the control of the state’s Government Accountability Board, appointed by the governor.

In tandem with the GOP's massive nationwide disenfranchisement campaign, they could -- in the dead of election night -- flip their states' electronic votes to Romney and give him a victory in the Electoral College.

Thankfully, resistance has arisen to the disenfranchisement strategy, which seems designed to deny millions of suspected Democrats the right to vote. The intent to demand photo ID for voting could result in some 10 million Americans being disenfranchised, according to the Brennan Center at New York University. Other methods are being used to strip voter rolls -- as in Ohio, where 1.1 million citizens have been purged from registration lists since 2009. This "new Jim Crow" -- personified by groups like Houston-based True the Vote -- could deny the ballot to a substantial percentage of the electorate in key swing states.

This massive disenfranchisement has evoked a strong reaction from voting rights activists, a number of lawsuits, major internet traffic and front page and editorial coverage in The New York Times.

But there has been no parallel campaign to guarantee those votes are properly counted once cast. Despite serious problems with electronic tabulations in the presidential elections of both 2000 and 2004, electronic voting machines have spread further throughout the country.

In Ohio, former Secretary of State J. Kenneth Blackwell awarded a no-bid state contract to GovTech -- a well-connected Republican-owned company which no longer exists -- to help count Ohio’s vote. GovTech contracted with two equally partisan Republican companies: Smartech for servers and Triad for IT support (Push and Pray Voting).

Electronic voting machines with ties to Republican-connected companies have proliferated throughout Ohio. Federal money from the Help America Vote Act has helped move electronic voting machines into other key swing states in substantial numbers that are not easy to track.

The machines can quickly tabulate a winner. But their dark side is simple: there is no way to monitor or double check the final tally. These partisan Republican vote counting companies have written contracts to avoid transparency and open records laws.

American courts have consistently ruled that the hardware and software used in e-voting machines is proprietary. For example, California’s Public Records Act (CPRA) contains a Trade Secret Exemption. The courts in California apply a “balancing test” to determine whether the Trade Secret Exemption applies, but the contracts with voting machine vendors are written in such a way that the court usually has no other choice but to side with the vendors and the state and county election officials who inked the contract. High priced attorneys like Daniel McMillan of the Jones Day firm are often hired to "clarify" the law for the court.

In a filing with the Voting Systems Procedures Panel of the California Secretary of State’s office during the 2004 election, McMillan hammered out a “Stipulated Confidentiality Agreement” that states in part that a public records request by a voting activist “contain[s] confidential proprietary or trade secret information” and thus, is not a public record.

Also that year, McMillan showed up in Georgia on behalf of the infamous Diebold Election Systems company and invoked the Peach State’s Trade Secret Exemption to the open record law. McMillan wrote: “If information constitutes a trade secret under the Georgia Trade Secrets Act, the government agency in custody of the information has a duty to protect the information” from public scrutiny.

McMillan goes on to argue that there’s also a Computer Software Exclusion that, “To the extent that any request is made for Diebold’s computer program or software, such a request would not be a valid request for a public record.” Diebold’s attorney cited the concern that “...it makes it easier to sabotage and hack the system and circumvent security features” if there’s transparency.

That same year in Ohio, Diebold’s secret pollbook system "accidentally" glitched 10,000 voters in the Cleveland area from the registration rolls. During the 2004 election in Toledo, thousands of voters lost their votes on Diebold optiscan machines that were improperly calibrated or had the wrong markers. How the calibration and markers work is a trade secret.

So, even the election boards that buy them cannot access their tabulation codes. The bulk of the major e-voting machine companies are owned by Republicans or by corporations whose roots are difficult to trace. While We Still Have Time by Sheila Parks of the Center for Hand Counted Ballots warns that we enter the 2012 election with no reliable means of guaranteeing that the electronic vote count will be accurate.

In fact, whether they intend to do it or not, the Republican governors of the nine key swing states above have the power to flip the election without significant public recourse. Except for exit polls there is no established way to check how the official electronic vote count might square with the actual intent of the electorate. And there is no legal method by which an electronic vote count can be effectively challenged.

There is unfortunate precedent. In the heat of election night 2000, in Volusia County, Florida, 16,000 electronic votes for Al Gore mysteriously disappeared, and 4,000 were erroneously awarded to George W. Bush, causing an incorrect shift of 20,000 votes. This was later corrected. But the temporary shift gave John Ellis at Fox TV News (Ellis is George W. Bush’s first cousin) an opening to declare that the GOP had won the presidency. NBC, CBS, and ABC followed Fox’s lead and declared Bush the winner based on a computer error. That "glitch," more than anything else, allowed the Republicans to frame Gore as a “sore loser.”

In Ohio 2004, at 12:20 election night, the initial vote tabulation showed John Kerry handily defeating Bush by more than 4%. This 200,000-plus margin appeared to guarantee Kerry’s ascent to the presidency.

But mysteriously, the Ohio vote count suddenly shifted to Smartech in Chattanooga, Tennessee. With private Republican-connected contractors processing the vote, Bush jumped ahead with a 2% lead, eventually winning with an official margin of more than 118,000 votes. Such a shift of more than 6%, involving more than 300,000 votes, is a virtual statistical impossibility, as documented in our Will the GOP Steal America's 2012 Election?.

That night, Ohio’s vote count was being compiled in the basement of the old Pioneer Bank building in Chattanooga, Tennessee. The building also housed the servers for the Republican National Committee and thus the e-mail of Bush advisor Karl Rove. Secretary of State Blackwell was co-chair of the Ohio Committee to Re-Elect Bush and Cheney. He met earlier that day in Columbus with George W. Bush and Karl Rove. That night, he sent the state’s chief IT worker home early.

The official Ohio vote count tabulation system was designed by IT specialist Michael Connell, whose computer company New Media was long associated with the Bush family. In 2008 Connell died in a mysterious single-engine plane crash after being subpoenaed to testify in the federal King-Lincoln-Bronzeville voter rights lawsuit (by way of disclosure: Bob is an attorney and Harvey a plaintiff in this lawsuit).

FreePress.org covered the vote shift in depth. The King-Lincoln suit eventually resulted in a federal injunction ordering Ohio’s 88 counties to turn over their ballots and election records.

But 56 of Ohio’s 88 counties violated the injunction and destroyed their election records. Thus no complete recount of Ohio 2004 has ever been done. More than 90,000 “spoiled” ballots, like those in Toledo, went entirely uncounted, and have since been destroyed.

No way was ever found to verify the 2004 electronic vote count. There are no definitive safeguards in place today.

In 2008, swarms of election protection volunteers filled the polling stations in Ohio and other swing states. They guaranteed the right to vote for many thousands of Americans who might otherwise have been denied it.

They had no means of guaranteeing the accuracy of the electronic vote count. But Pennsylvania, Ohio, and Michigan all had Democratic governors at the time. Florida’s governor was the moderate Republican Charlie Crist, not likely to steal an election for a party he would soon leave.

At the time, we advocated banning money from electoral politics, abolishing the Electoral College, universal automatic voter registration for all U.S. citizens, universal hand-counted paper ballots, and a four-day weekend for voting, with polls worked and ballots counted by the nation's students.

But as Sheila Parks puts it in her new book, which is subtitled The Perils Of Electronic Voting Machines and Democracy's Solution: Publicly Observed, Secure Hand-Counted Paper Ballots (HCPB) Elections: "In 2010, ultra-right-wing Republican governors were elected in Alabama, Arizona, Florida, Maine, Michigan, New Jersey, Ohio, South Carolina, Texas, and Wisconsin. In several of these states, these governors were not part of a long line of Republican governors. In fact, in some of these states, these governors interrupted a long line of Democratic governors."

So this year Rick Scott is governor in Florida, Tom Corbett in Pennsylvania, John Kasich in Ohio, Rick Snyder in Michigan, Scott Walker in Wisconsin, and Jan Brewer is in Arizona. All are seen as hard-right Republicans unlikely to agonize over flipping a Barack Obama majority into a victory for Mitt Romney.

That doesn’t mean they would actually do such a thing. But the stark reality is that if they choose to, they can, and there would be no iron-clad way to prove they did.

Another stark reality: hundreds of millions of dollars are being spent to win this election by multi-billionaires Sheldon Adelson, Charles and David Koch, the Chamber of Commerce, and other corporate interests. For them, spending a few extra million to flip a key state's electoral votes would make perfect sense.

While Obama seems to be moving up in the polls, the huge reservoir of dollars raised to elect Mitt Romney will soon flood this campaign. We might anticipate well-funded media reports of a “surge” for Romney in the last two weeks of the election. Polls could well show a "close race" -- for Congress as well as the presidency -- in the early hours of election day.

And then those electronic voting machines could be just as easily flipped on election night 2012 as they were in Ohio 2004.

Would this batch of swing state Republicans do that for Romney? We don’t know.

COULD they do it? Absolutely.

Would you be able to find definitive, legally admissable proof that they did it? No.

Would the courts overturn such a tainted victory? Not likely.

What could ultimately be done about it?

In the short term: nothing.

In the long-term, only a bottom-up remaking of how we cast and count ballots can guarantee this nation anything resembling a true democracy. It is, to put it mildly, a reality worth fighting for.

[Bob Fitrakis and Harvey Wasserman are authors of Will the GOP Steal America's 2012 Election?, their fifth book on election protection. It is available as an e-book at harveywasserman.com and freepress.org. Read more of Harvey Wasserman and Bob Fitrakis' writing on The Rag Blog.]

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Bob Fitrakis and Harvey Wasserman : Defending Democracy Against Stolen Elections

In a landmark report, the NAACP directly takes on the new Jim Crow tactics passed in 14 states. Image from NAACP.org.
Has America’s stolen election
process finally hit prime time?

By Bob Fitrakis and Harvey Wasserman / The Rag Blog / January 3, 2012

It took two stolen U.S. presidential elections and the prospect of another one coming up in 2012.

For years the Democratic Party and even much of the left press has reacted with scorn for those who’ve reported on it.

But the imperial fraud that has utterly corrupted our electoral process seems finally to be dawning on a broadening core of the American electorate -- if it can still be called that.

The shift is highlighted by three major developments:

1. The NAACP goes to the United Nations

In early December, the National Association for the Advancement of Colored People (NAACP), the largest civil rights organization in America, announced that it was petitioning the United Nations over the orchestrated GOP attack on black and Latino voters.

In its landmark report entitled "Defending Democracy: Confronting Modern Barriers to Voting Rights in America," the NAACP directly takes on the new Jim Crow tactics passed in 14 states that are designed to keep minorities from voting in 2012.

The report analyzes 25 laws that target black, minority and poor voters “unfairly and unnecessarily restrict[ing] the right to vote.” It notes “a coordinated assault on voting rights.”

The Free Press has been reporting on this coordinated assault since the 2000 election, including the heroic struggle of voters in Ohio to postpone the enactment of the draconian House Bill 194 that was the most restrictive voting rights law passed in the United States. (See "Voting rights activists fight back against new Republican Jim Crow attack in Ohio.")

The NAACP points out that this most recent wave of voter repression is a reaction to the “historic participation of people of color in the 2008 presidential election and substantial minority population growth according to the 2010 consensus.”

It should be no surprise that the states of the old Confederacy -- Florida, Georgia, Texas, and North Carolina -- are in the forefront of repressing black voters. Three other Jim Crow states with the greatest increase in Latino population -- South Carolina, Alabama, and Tennessee -- also implemented drastic measures to restrict minority voting.

The report documents that a long-standing tactic under fire since the 1860s -- the disenfranchisement of people with felony convictions -- is back in vogue. This has been coupled with “severe restrictions” on persons conducting voter registration drives and reducing opportunities for early voting and the use of absentee ballots complete these template legislative acts.

Most of these new Jim Crow tactics were initially drafted as model legislation by the American Legislative Exchange Council (ALEC), a secretive and conservative corporate policy group whose founder, according to the NAACP, is on record in favor of reducing the voting population in order to increase their own “leverage.”

The Brennan Center for Justice estimates that the 25 laws passed in these 14 states could prevent as many as 5 million voters from voting, a number easily exceeding the margin of victory in numerous presidential elections.

Ohio’s HB 194, which awaits a 2012 referendum vote, would disenfranchise an estimated 900,000 in one of our nation’s key battleground states.

An important statistic in all the legislation is that 25% of African Americans lack a state photo identification, as do 15% of Latinos, but by comparison, only 8% of white voters. Other significant Democratic constituents -- the elderly of all races and college students -- would be disproportionately impacted.

Ohio voters have just repealed a draconian anti-labor law passed by the GOP-dominated legislature and the state’s far-right governor John Kasich. Whether they will do the same to this massive disenfranchisement remains to be seen. But the fact that it’s on a state ballot marks a major leap forward. Ohio activists are also drafting a constitutional amendment that includes revamping the registration, voting, and vote count procedures. (See "Post-Buckeye Election Protection?")

The Justice Department has called South Carolina's new voter ID law discriminatory. Image from TPM.

2. The Justice Department awakens

On Friday, December 23, 2011, the U.S. Justice Department called South Carolina’s new voter ID law discriminatory. The finding was based in part on the fact that minorities were almost 20% more likely than whites to be without state-issued photo IDs required for voting. Unlike Ohio, South Carolina remains under the 1965 Voting Rights Act and requires federal pre-approval to any changes in voting laws that may harm minority voters.

The Republican governor of South Carolina Nikki Haley denounced the Justice Department decision as “outrageous” and vowed to do everything in her power to overturn the decision and uphold the integrity of state’s rights under the 10th Amendment.

The U.S. Supreme Court has upheld the requirement of photo ID for voting. Undoubtedly the attempt by U.S. Attorney General Eric Holder to challenge this will go to the most thoroughly corporate-dominated Court in recent memory. The depth of the commitment of the Obama Administration to the issue also remains in doubt.

3. The EAC finally finds that voting machines are programmed to be partisan

Another federal agency revealed another type of problem in Ohio. On December 22, 2011, the U.S. Election Assistance Commission (EAC) issued a formal investigative report on Election Systems & Software (ED&D) DS200 Precinct County optical scanners. The EAC found “three substantial anomalies”:

• Intermittent screen freezes, system lock-ups, and shutdowns that prevent the voting system from operating in the manner in which it was designed
• Failure to log all normal and abnormal voting system events
• Skewing of the ballot resulting in a negative effect on system accuracy

The EAC ruled that the ballot scanners made by ES&S electronic voting machine firm failed 10% of the time to read the votes correctly. Ohio is one of 13 states that requires EAC certification before voting machines can be used in elections.

The Cleveland Plain Dealer reported in 2010 that the voting machines in heavily Democratic Cuyahoga County had failed during testing for the 2010 gubernatorial election. Cleveland uses the same Republican-connected ES&S ballot scanners -- the DS200 opti-scan system. Ohio’s Mahoning County, home of the Democratic enclave of Youngstown, also uses the DS200s. The same opti-scan system is also used in the key battleground states of Florida, Illionois, Indiana, New York, and Wisconsin.

Voting rights activists fear a repeat of the well-documented vote switching that occurred in Mahoning County in the 2004 presidential election when county election officials admitted that 31 of their machines switched Kerry votes to Bush.

But a flood of articles about these realities -- including coverage in The New York Times -- seems to indicate the theft of our elections has finally taken a leap into the mainstream of the American mind. Whether that leads to concrete reforms before another presidential election is stolen remains to be seen.

But after more than a decade of ignorance and contempt, it’s about time something gets done to restore a semblance of democracy to the nation that claims to be the world’s oldest.

[Bob Fitrakis and Harvey Wasserman have co-authored four books about election protection. Bob's Fitrakis Files are at freepress.org, where this article was first published. Harvey Wasserman's History of the U.S. is at HarveyWasserman.com, along with Solartopia! Our Green-powered Earth. Read more of Harvey Wasserman and Bob Fitrakis' writing on The Rag Blog.]

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Glenn W. Smith : It's Getting Hot in Houston

Image from Dog Canyon.
Likely Arson in Houston, and
Voter suppression from the Right

By Glenn W. Smith / The Rag Blog / August 31, 2010

A mysterious fire last Friday destroys all of the voting machines in Harris County (Houston), Texas. Arson investigators have not yet issued an opinion.

Meanwhile, a well-funded right-wing group emerges in Houston and begins raising unfounded allegations of widespread voter fraud. A video on their website pictures only people of color when it talks of voter fraud. White people are shown talking patriotically about the need for a million vigilantes to suppress illegal votes.

In the video, an unidentified spokesman for “TrueTheVote” says, “If we lose Houston, we lose Texas. And guess what? If we lose Texas we lose the country.”

The former Mayor of Houston, Democrat Bill White, is running against secessionist Republican Gov. Rick Perry this year. White’s counting on a big turnout in his home town. The fire and the voter suppression campaign guarantee a greatly diminished turnout.

TrueTheVote’s video [see below] is well produced. Participants speak in calm and knowing tones, disguising the racist agenda behind their project. We don’t yet know where the group’s money comes from. But they have money.

As I’ve said before, right-wing voter suppression campaigns are the most under-reported political scandal of the last 50-100 years. But there’s never been anything like the criminal destruction of all the voting machines in the nation’s fourth largest city.

You don’t have to be a conspiracy theorist to suspect the machines in Houston were destroyed by an arsonist. Warehouses don’t regularly and spontaneously combust at four in the morning, especially warehouses containing all the voting tools in a pivotal city in a pivotal election.

In other details, the suppression campaigns follow a familiar pattern: raise suspicions of widespread voter fraud. Accuse “others” of stealing elections from us (read: white people). Threaten would-be voters with criminal charges. Limit polling locations in poor and minority precincts. Distribute spurious “felon lists” that disenfranchise legal voters who happen to share a name with a felon. Staff phone banks that make election calls to minority and poor voters giving incorrect polling locations and dates. Dress up vigilantes in cop clothes to intimidate would-be voters.

Huffington Post contributor Greg Mitchell wrote one of the best accounts of such a suppression and intimidation campaign in his book about the 1934 California governor’s race, The Campaign of the Century. At least since then, voter suppression has been a part of nearly every election cycle.

Voting machines go up in smoke in Houston. Photo from KRIV-TV.
There are simply no machines available to replace the loss of Houston’s machines. That means either a return to paper ballots (there may be very few scanners to count them) or a greatly reduced number of polling locations. The latter would require the emergency suspension of state law and run afoul of the Voting Rights Act. In any case, confusion will reign, and confusion reduces turnout.

What about that TrueTheVote statement, “If we lose Houston, we lose Texas. And guess what? If we lose Texas we lose the country.”? That may be the only true thing TrueTheVote has said.

For much of the country, Texas is a vast right-wing breeding ground. Actually, Democrats have nearly reached parity in the state House of Representatives. All the elected officials in Dallas are Democrats. Austin, too. Most of the judges and many of the officials in Houston are Democrats.

With a strong turnout in Houston, White could very well beat Perry. Without a national effort to counter the largest voter suppression effort in my memory, that turnout won’t happen. Even if the fire is ruled accidental, its consequences remain the same. If a great number of Houston voters are disenfranchised as a consequence of the fire and the right’s election vigilante effort, democracy loses, and so does the country.

Keep in mind that population shifts will hand Texas several new congressional seats lost in the Democratic rustbelt. This election will decide the players who will draw new lines in redistricting. The stakes are high. The question is, do Democrats have the will to do battle with right-wing forces who believe they can choose who votes and who doesn’t?

[Austin's Glenn W. Smith, according toDaily Kos founder Markos Moulitsas, is a “legendary political consultant and all-around good guy.” His excellent blog on politics and culture is DogCanyon, where this article also appears.]


UPDATE: Tuesday, August 31, 2010, 7:30 p.m.

The Houston Chronicle reported today:

Despite a fire that destroyed Harris County's voting machines last week, County Clerk Beverly Kaufman said Monday that she intends to keep all polling places open with replacement machines on Nov. 2.

Commissioners Court approved Kaufman's emergency plan Monday to spend $13.6 million to buy 2,325 electronic voting machines and supporting equipment.
[....]
Kaufman's plan includes 1.4 million paper ballots, which will be distributed to polling stations as a backup in case a shortage of machines leads to long lines.
[....]
Despite Kaufman's confident predictions of a timely and fair election, 16 Democratic state senators and representatives have asked the U.S. Department of Justice to oversee the development of an emergency plan for voting that begins in 48 days. Their letter asks for the department's involvement to "protect the voting rights of racial and language minorities" against any plans to close some of the 739 scheduled polling places due to a lack of equipment.

"Removing neighborhood voting locations and fostering conditions for longer lines must be avoided to prevent suppression of minority voters," the legislators wrote...

Despite her apparent confidence, Kaufman urged residents to vote early to avoid long lines and said she would seek "loaner machines" from other counties.

The Chronicle reported no new information about the cause of the fire, but said that an arson investigation is under way.

'TrueTheVote' Video



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Rage Against the Machine : Diebold and the Massachusetts Election

Illustration by Doug Potter / The Austin Chronicle.
Hacking the vote:
Will Diebold steal the Senate?

As Bay Staters vote to fill Ted Kennedy’s Senate seat, most will be marking scantron ballots to be run through easily hackable electronic counters made by Diebold/Premier.

By Bob Fitrakis and Harvey Wasserman / The Rag Blog / January 18, 2010

The same types of machines that helped put George W. Bush in the White House in 2000, and “reelect” him in 2004, may now decide who wins the all-important “60th Senate seat” in Massachusetts. The fate of health care and much much more hang in the balance.

As Bay Staters vote to fill Ted Kennedy’s Senate seat, most will be marking scantron ballots to be run through easily hackable electronic counters made by Diebold/Premier.

A paper ballot of sorts does come through these machines. But the count they generated was seriously compromised in the Florida 2000 election that put George W. Bush in the White House. Similar machines played a critical role skewing the Ohio 2004 vote count to fraudulently reelect him.

In 2004 in Lucas County (Toledo) Ohio, incorrectly calibrated Diebold scantron machines left piles of uncounted ballots in heavily black districts in the inner city.

The Free Press also found that on optiscan machines in Miami County, Ohio the reported totals were significantly higher than the actual number of people who signed in to vote.

Ironically, the cheated candidate in that election was Massachusetts’ now-senior Senator John Kerry. Kerry is circulating email appeals warning that this election is a "jump ball" in which "shady right-wing organizations and out of state conservatives have descended upon the state in droves."

But Kerry himself has infamously said nothing about the theft of the 2004 election. Neither he, the Democratic Party, nor the Obama Administration have done anything to change a system in which elections can be stolen by the very well-funded Republican-owned companies that make and administer the vote-counting machines. A dozen election protection groups from around the country have now issued an "orange alert" warning that the Massachusetts vote count could be "ripe for manipulation."

Thus Kerry’s new colleague could be “selected” by the same means that deprived him of the White House.

According to Selectman Dan Keller of the western town of Wendell, some Massachusetts communities -- including his -- do have hand-counted paper ballots.

But most of the state relies on Diebold scantron counters which can be manipulated in numerous ways, including by switching calibrations and moving ballots from precinct-to-precinct or county-to-county, thus reversing intended votes from one candidate to another.

According to Brad Friedman at BradBlog LHS Associates sells and services many of the machines being used in this special election. Though the vast majority of elected officials in Massachusetts are Democrats, control of the vote count can be a grey area where voting machines are involved, especially given Sen. Kerry’s six-year stupor over the stolen 2004 election, a record of inaction amply matched by the Democratic Party and Obama Administration.

According to Friedman, LHS “has admitted to illegally tampering with memory cards during elections,” and has a Director of Sales and Marketing who has been “barred from Connecticut by their Secretary of State.”

The stakes in this election cannot be overstated. The deceased Senator Kennedy’s seat holds the key to a filibuster-breaking 60-seat Democratic majority in the Senate. State Attorney-General Martha Coakley, the Democratic candidate, is a supporter of the Obama health care plan, and an opponent of atomic power.

Coakley’s opponent, conservative Republican State Senator Scott Brown, has been running a Tea Bagger-style “populist” campaign.

Poll results differ substantially as the campaign winds down, but all show a close race. Thus Diebold, a thoroughly tainted player with deep Republican roots, could hold the key to the election by shifting the outcome in just a few key precincts.

After internet-based reporting broke the story of the stolen 2004 election, thousands of election-protection activists turned out to monitor the 2008 vote count. Among other things, careful exit polling was done to provide a close reality check on official vote counts. Poll monitors interviewed voters and carefully scrutinized voting procedures and how ballots were handled and counted.

Often overlooked are voter registration manipulations, which were used in Ohio and elsewhere to strip hundreds of thousands of voters of their right to cast a ballot. In Ohio alone, more than 300,000 legally registered voters were electronically removed from the voter rolls between the 2000 and 2004 elections. Most were in heavily Democratic urban areas.

In 2008, the Free Press found that the number of purged Ohio voters jumped to more than a million.

Thus the fact that the electoral apparatus in Massachusetts is apparently in the hands of Democrats may not matter. Private vendors like LHS and Diebold have the actual control over the final numbers.

In Massachusetts, a recount only occurs if the final results are less than half of one percent, and as election reform activist John Bonifaz points out, Massachusetts does not require random audits of the computerized vote counting machines to compare the computer results to the optical scan ballots marked by the voters. Bonifaz notes that in the Al Franken-Norm Coleman Minnesota Senate race in 2008, “everything was ultimately hand-counted.” The problem in Massachusetts hinges on whether the race is close enough to trigger a recount, which candidates can petition for within 30 days.

Exit polls remain the gold standard for election integrity throughout the democratic world. But in Ohio in 2004, the exit polls indicated that the election results were reversed and that Kerry actually won. Jonathan Simon, election integrity expert, points out that the exit polls in 2008 in Minnesota “had Franken winning by 10%! This is a huge disparity, not remotely reflected by the recount.”

“Could the exit poll have been that badly off? Or could a large number of ballots, 200,000 or so, have been swapped out before the recount? Here is where the chain of custody, or lack thereof, comes in. These ballots were not exactly under heavy surveillance during the month-long period between election day and recount completion,” Simon said.

What will matter in Massachusetts is how thoroughly election-protection advocates are able to scrutinize voter certification, access, and ballot security. Billions of dollars -- and much more -- are riding on the outcome of this election. Those who believe it cannot or would not be stolen are simply in denial.

Given the Democratic party’s astonishing lack of leadership on so many issues, it is entirely possible that Scott Brown could legitimately beat Martha Coakley in this election.

But it is also possible that the outcome could be manipulated by the companies in control of the registration rolls and vote counts. It will be up to citizen election protection activists to make sure that doesn’t happen yet again.

[Bob Fitrakis and Harvey Wasserman broke many of the major stories surrounding the theft of the 2004 election, and have co-authored four books on election protection, which appear at www.freepress.org, where they are publisher and senior editor, and where this story also appears.]

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