Election Reform, Fraud, & Related News for Friday, Feb., 24th, 2006

[FogerRox]

All members welcome and encouraged to participate.

If you find an interesting article:
1) Start a discussion thread.
2) Additionally, post it here, on the Election Reform, Fraud, & Related News thread. With a link to the discussion thread.
3) Post stories and announcements you find on the web.
4) You can post stories using the "Election Fraud and Reform News Sources" listed here:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x397093
5) Re-post stories and announcements you find on DU, providing a link to the original thread with thanks to the Original Poster, too.
6) Or you can start a discussion thread by re-posting a story you see on this thread.


If you want to know how post "News Banners" or other images, go here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=203&topic_id=371233#371391

for MAC users-- IIRC its hold down control- and click on the image to view its source.

[Stevepol]

1. K&R! I'm the first R.

[kster]

3. 2nd Call off the strike! nt

[FogerRox]

2. Must have- The CD-ROM titled "Electronic Voting: A Threat To Our De

This is the Kit & Kaboodle. This is the ultimate Election Reform Warrior tool kit. DO not go into this election season without the -



The free CD-ROM on election fraud has been updated. Current version is now 1.2b. If you are giving away copies, be sure to update your source disk. If you are not giving away copies, ... why aren't you?? If you don't have a copy yet, come and get it! It's free!

Updates include:

1) The CD-ROM is now titled "Electronic Voting: A Threat To Our Democracy"
it used to be called "The Truth About the 2004 Election: Why we must not get over it."
Since the focus is now the coming election, it's time to change the title. We all wish we could do something about 2004 but we just can't. We can however, use the evidence from 2004 to pitch the idea that we have an issue that needs to be dealt with. So, the content is the same, but the title has changed. I figure, people new to the subject will be more apt to check it out with the new title.

2) The WESH-TV news broadcast that covered the Harri Hursti hack in Leon County, FL is now on the CD-ROM. The broadcast exposes the huge security hole in Diebold optical-scan systems, making them just as vulnerable to rigging and hacking as the touchscreen "DRE" machines. Director of Elections Ion Sancho witnessed the hack and then declared that Diebold machines would never be used in Leon County again. In this amazing 4 minute video, he also publicly states that he believes the previous elections results were tampered with.

3) Also new to the CD-ROM is the great article by Susan Pynchon, "The Harri Hursti hack and its Importance to our Nation," which describes the hack in detail and what it means to our supposed democracy.

~4) New to the previous version of the CD-ROM, but worth mentioning because I'm sure many people haven't gotten the update yet, is the 40-minute interview with Mark Crispin Miller on CSPAN, from December 2005, shortly after his monumental book "Fooled Again" was released.

5) Also on the new version is a PDF file that you can print out, listing all the videos and documents on the CD-ROM. This menu should be printed and provided with every copy of the CD-ROM you give away. Everyone who orders the CD-ROM from now on will receive the menu page enclosed.

link to more info--

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x414342

[FogerRox]

4. BREAKING- Cleveland Audit Reveals Vote Count Discrepancy in Bush’s Favor–

From the good people in Ohio, brought to you by DUer "Time for change".

. . . data from 15 Cleveland precincts, all which voted heavily for Kerry. Of those 15 precincts, 11 demonstrated either very small or no discrepancies between pre- and post-tabulator vote counts, but the other four demonstrated substantial discrepancies. In all four of those precincts the post-tabulator (official) vote count is LESS than the pre-tabulator count, as indicated in the poll book summaries. The total discrepancy (i.e., lost votes) for the 15 precincts (almost all of that attributed to four precincts) is 163 votes. Since those precincts voted heavily for Kerry (over 90% on average), this vote loss favors Bush by a net of about 140 votes.

This represents ongoing research and if results show what we all think they will show, this effort could blow the 2004 election wide open. Do you think you can volunteer in the Ohio project?


Read the rest of the article at your own risk, here-

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x505525

[FogerRox]

5. PA-County says no voting system from Ohio

County says no voting system from Ohio

Susan Schmeichel, Times Correspondent
02/23/2006

PITTSBURGH - Allegheny County Council members said Tuesday they want to make sure that an Ohio-based company does not get a contract to provide electronic voting machines for the county.

Council members approved a motion urging the county elections board not to consider voting systems manufactured by Diebold Inc. of North Canton, Ohio. Twelve of the present council members voted for the motion; Vince Gasteb abstained because he said he did not have enough information to vote on the issue.

Diebold was one of several being considered by the three-member board consisting of county Chief Executive Dan Onorato and council members John DeFazio and Dave Fawcett. The board has been considering options for the change that will meet the requirements for handicapped accessibility and bring the county into compliance with the federal Help America Vote Act.

Diebold, which has been at the center of election controversies in several other states, had seemed to be the front-runner to get the contract until Tuesday morning, when Onorato announced he will recommend the county contract Sequoia Voting Systems of Oakland, Calif., to provide AVC Advantage Direct Record Electronic machines to replace the county's current lever-operated machines.

The elections board will vote on the recommendation at a meeting scheduled for 3 p.m. Monday in the courthouse on Grant Street in downtown Pittsburgh.

rest of story--

http://www.timesonline.com/site/news.cfm?newsid=16182660&BRD=2305&PAG=461&dept_id=478569&rfi=6

The Sequoia Advantage uses a Zilog Z-80 chip. The Z-80 was first produced in the mid 1970's, and is not capable of running an operating system like Windows. That is the good news, the Advantage does use PCM CIA cards to load the ballot. Election tallies are downlaoded to the PCM CIA cards, which are manually removed and the tallies are then uploaded to a PC based tabulator. It may be that the similarities of this style of data transfer would allow for a "Harry Hursti style HACK". Additionally the Sequoia Advantage uses pushbuttons for the voter to make selections with. Pushbuttons tend to fail, and the very "simple minded" Firmware of the Advantage does not issue a warning, Audio or visual to the voter that a pushbutton has failed.

[FogerRox]

6. Ca- Rep. John Doolittle announces his bid for re-election. Ahem.. Abramoff

Congressman linked to Abramoff scandal announces re-election bid

Associated Press

AUBURN, Calif. - Backed by dozens of local elected officials, Rep. John Doolittle announced his bid for a ninth term in Congress on Thursday, . . . .
"There has never been an election where my character has been put at issue," the Rocklin Republican told reporters...

...Doolittle says he has done nothing wrong,...Doolittle's wife did fundraising work for Abramoff, a former top Doolittle aide traveled to Puerto Rico on a trip paid for by Abramoff's lobbying firm and another former Doolittle aide went to work for Abramoff as a lobbyist.

>snip<


Two Democrats, retired Air Force Maj. Charlie Brown of Auburn and Lisa Rea of Lincoln, are running for their party's nomination in Doolittle's sprawling 4th Congressional District, which stretches from Sacramento's eastern suburbs to the Oregon and Nevada borders.

Rest of story--

http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/13947281.htm

From C-SPAN:

"Republican Representatives spoke to reporters about recent action by the House Ethics Committee. The committee exonerated Majority Leader Delay of charges that he illegally solicited contributions, laundered money, and misused his office. The speakers referred to the charges as "sordid, unethical, and base." Following their remarks, the Representatives responded to questions from members of the press"

here- http://inside.c-spanarchives.org:8080/cspan/cspan.csp?command=dprogram&record=138492636

http://inside.c-spanarchives.org:8080/cspan/Pictures/Persons/019972/019972-184531.jpg

And what is almost funny is that in November we may have Doolittle running against Charlie Brown . . .

[FogerRox]

7. NY- US to indict "Public interest" law firm

U.S. Readies Case Against Tort Lawyers

By JOSH GERSTEIN - Staff Reporter of the Sun
February 24, 2006

Federal prosecutors have told two partners at a leading New York class-action law firm to prepare to be indicted on charges stemming from an investigation into alleged illegal payments to plaintiffs in securities lawsuits, a lawyer involved in the case said yesterday.

>snip<

Mr. Hayes said he believes that one factor fueling the investigation may be the business community's deep-seated enmity toward Milberg Weiss, which is one of the best-known and most feared class-action firms in America.

"What makes me uncomfortable is the fact that all of the big corporations hate these guys. Sometimes their lawsuits are meritless but a lot of the time, they're not," Mr. Hayes said. "It appears they're stretching to make a case where the politicians who appoint these U.S. attorneys want to lock these guys up. The case is a stretch."


>snip<

An indictment of the Milberg Weiss firm could jeopardize its viability, regardless of whether the government ultimately wins a plea or conviction. "They do so much work that requires them to be appointed as lead counsel acting in the public interest by a court. It would be a mess," a lawyer for Mr. Selzer, David Weichert, said.

Whole story--

http://www.nysun.com/article/28103?page_no=1

Milberg Weiss in the news:

Milberg Weiss Announces Conditional US$2.4 Billion Settlement of Nortel Securities Class Action; Client OPTrust Issues Press Release

Milberg Weiss Partner David J. Bershad Comments on Nortel Settlement

Milberg Weiss Announces Legal Fellowship at the Drum Major Institute for Public Policy

Milberg Weiss Obtains Preliminary Approval for $225 Million Settlement of KPMG Tax Shelter Case

Milberg Weiss named to The National Law Journal's "Plaintiffs' Hot List"

Humana Inc. Settles Lawsuit with Physicians

Court Certifies Class of Annuity Purchasers in Securities Fraud Action Against Pacific Life

Milberg Weiss Announce Aid To Those Impacted By Hurricane Katrina

Milberg Weiss, Counsel for Whistleblower Dr. Kiki Sarafoglou, Announces Settlement of Claim Brought Pursuant to the Federal False Claims Act Initiated by Dr. Sarafoglou for $4.3 Million

Milberg Weiss Obtains $90 Million Settlement in Royal Dutch Shell ERISA Litigation; One of the Largest Settlements in ERISA History, Amount Reflects an Impressive 78% Recovery

Wellpoint Settles Lawsuits with Physicians and Medical Societies

Los Angeles Daily Journal Presents Top 30 Securities Litigators in California Featuring Jeff Westerman, Managing Partner of Milberg Weiss's Los Angeles Office

Health Net Inc. and Prudential Insurance Company of America Settle Suits With Physicians

The Medical Society of the State of New York, Physicians and Excellus Enter Into Settlement Agreement

Raytheon Securities Litigation Settles for $460 Million; Milberg Weiss Is Lead Counsel for Lead Plaintiff New York State Retirement Fund.

from-

http://www.milbergweiss.com/newsevents/newsevents.aspx

Pro Bono work:

04/14/04 Trial Lawyers Care
In conjunction with Trial Lawyers Care, Milberg Weiss assisted the families of victims of the September 11th attacks. Our lawyers helped families to file claims with the September 11th Victims Compensation Fund. To date, 2,924 death claims have been filed with the fund, and more than 4,300 claims for injuries relating to the attacks or the aftermath.



12/09/03 September 11 Victim Compensation Fund (Preliminary Hearing)

12/01/03 The Legal Aid Society
Since December 2003, Patricia M. Hynes has served as the Chair of the Board of Directors of the Legal Aid Society. Milberg Weiss associates were the top contributors to the Society's 2003 Associates Campaign, for law firms with 16-49 associates. In March 2005, Ms. Hynes and Milberg Weiss each received an award from the Society recognizing their outstanding pro bono efforts in accomplishing the restructuring.

Debt Deal Lets Legal Aid Society Stay in Business
Legal Aid Restructures, Avoids Bankruptcy; Projects Balanced Budget After Concessions From Unions, Creditors



11/01/00 Swiss Banks
Milberg Weiss filed this class action suit on behalf of victims of Nazi persecution against several Swiss banks for their collaboration with the Nazis including retaining accounts and laundering illegal assets. The case settled in 1998 for $1.25 billion and the money is now being distributed among several categories of survivors who suffered as a result of Swiss wrongdoings. Senior Partner Melvyn Weiss was designated as one of the signatories to the Settlement Fund.

07/01/00 Slave Labor
Milberg Weiss filed a series of class action suits against German companies who had exploited slave and forced labor during World War II. After very long and contentious negotiations between the parties, German, US and Israeli governments, as well as international Jewish organizations, a framework agreement of an approximately $5 billion settlement was reached. The settlement is now funding several programs including slave labor and medical experimentation compensation, insurance and assets claims, as well as educational programs.

from-
http://www.milbergweiss.com/firm/probono.aspx?pageid=5140&pubtype=5304

Discussion thread--

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x2478825

[FogerRox]

8. Ohio: 2 ex-aides to Taft convicted in ethics scandal

2 ex-aides to Taft convicted in ethics scandal

By Mark Niquette
The Columbus Dispatch
Friday, February 24, 2006 11:52 AM

Two former governor's aides were convicted today of misdemeanor charges related to their dealings with coin dealer Thomas W. Noe as part of a state corruption investigation.
H. Douglas Talbott and J. Douglas Moormann both pleaded no contest and were found guilty by Judge Scott D. VanDerKarr of Franklin County Municipal Court, fined and ordered to pay court costs.

They are the fourth and fifth current or former state officials convicted as part of the ongoing Statehouse ethics and investment scandals, including Gov. Bob Taft.

Talbott, 41, of Worthington, was charged with two ethics counts of not divulging to the public a $39,000 loan from Noe in 2002 as well as meals Noe paid for in 2003 and 2004.

He also was charged with one count of concealing a campaign contribution based on a complaint that he took $1,960 from Noe and made contributions in his own name to three candidates for the Ohio Supreme Court in 2004.

more-

http://www.columbusdispatch.com/news-story.php?story=168678

[FogerRox]

10. Slate on election reform--

Fraud Reform?
How efforts to ID voting problems have become a partisan mess.
By Richard L. Hasen
Posted Wednesday, Feb. 22, 2006, at 2:11 PM ET


With a meltdown in our election system in 2000 and a near meltdown again in 2004, one might think states would use the off-season to get their electoral rules in order. Many of the legal problems in 2004 emerged from areas of uncertainty in the law. (Remember the disputes before the November 2004 election over whether officials would count "provisional ballots" cast in the wrong precinct?) It seems to be in everyone's interest for states to enact clear and fair rules so problems do not arise again during the 2006 midterm elections—or worse, during the 2008 presidential election. Make the rules clear and fair now, so the armies of lawyers won't have much ammunition even in close elections.

Unfortunately, election reform is becoming mired in partisan politics, and the resulting rules changes are increasing, rather than decreasing, the chances of future litigation and election meltdown. Case in point: voter-identification laws.

In looking at what is on the agenda in Republican-controlled legislatures, you'd think that voter fraud is rampant: Ohio, Indiana, Wisconsin, Pennsylvania, Mississippi. In each of these states, Republicans have passed or proposed legislation requiring voters to show identification at the polls or risk casting a vote that will not count. In Arizona, Republicans backed an initiative denying public benefits to illegal immigrants that also included a voter-identification requirement.

Republicans defend voter-identification laws as necessary to combat voter fraud. But Democrats and civil rights organizations see these laws as a way of gaining partisan advantage—because it's the poor who will have a more difficult time securing voter identification. Poor people tend to drive less (meaning they won't have a driver's license, which is the most common form of ID), and they may not have the money to secure certified copies of documents, such as the birth certificates necessary to obtain a state-issued voter identification. The poor also happen to be more likely to vote Democratic.

more-

http://www.slate.com/id/2136776/

[bleever]

9. Kickin' for Truth, Justice, and the American Way.

[FogerRox]

11. NY- Voter Groups See Flaws in Plan to Upgrade Balloting

Voter Groups See Flaws in Plan to Upgrade Balloting

By JENNIFER MEDINA
Published: February 23, 2006
ALBANY, Feb. 22 — Voter advocacy groups contended on Wednesday that New York was moving forward with a flawed proposal to modernize its voting system that could lead to widespread security problems on Election Day.

Next week, the State Board of Elections is scheduled to discuss proposed regulations for the brands and types of voting machines that will be certified for this fall's elections. Legislation passed last year allows local election boards to choose their own machines as long as they meet the state board's standards.

But the advocacy groups said the measures did not require enough tests to see if the machines would work or independent tests to determine if hackers could penetrate the machines' security systems.

Tests conducted by other states, including California, have found that nearly 20 percent of the machines tested did not count votes properly, said Bo Lipari, the executive director of New Yorkers for Verified Voting, a nonprofit advocacy group.

more-

http://www.nytimes.com/2006/02/23/nyregion/23vote.html


[br />

[FogerRox]

12. Daily Thread volunteers threaten strike

Daily Thread Editors Threaten to Strike - Cite Low Recommendations
February 23, 2006

Dateline Internet

Asking to remain annonymous, an editor of Democratic Underground's "Election Reform, Fraud, & Related News", also known as "The Daily Thread" suggested that a strike was not out of the question unless members of the guild receive higher pay - namely, recommendations.

Interviewed for this report, he said members are reluctant to beg for recommendations, but after spending one to two hours for each edition, the least forum members could do is make sure the thread makes it to the greatest page where it will help expose the danger of e-voting and efforts to eliminate it.

snip

He also lamented that DU posters may not know that they can take any of the stories and make a thread out of it for discussion.

snip

PM's to other editors were not returned.

http://i38.">


more-

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x414272

[MH1]

13. PA - DoJ Threatens to Sue State For Not Outsourcing Democracy

Background: Westmoreland County lawsuit identified that the PA Constitution requires that counties can't change election systems without first holding a referendum. (Side-note: But Delaware County claims there is an exception - new machines can be used one-time on an "experimental" basis - so DelCo is using already-purchased Danaher machines in the primary while putting a question on the ballot as to whether they can be used permanently.)

So the judge in the Westmoreland County suit agreed and blocked them from purchasing new systems. Then the US DOJ steps in:

(Copying Wilms' thread here...
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=414326&mesg_id=414326)

U.S. threatens to sue state over voting machine delays
Friday, February 24, 2006

By Jerome L. Sherman, Pittsburgh Post-Gazette

The U.S. Justice Department has threatened to sue Pennsylvania and Westmoreland County if they don't move quickly to comply with the Help America Vote Act, a federal law that requires local governments nationwide to install new voting machines this year.

Assistant U.S. Attorney General Wan J. Kim wrote state and county officials Wednesday, setting the end of next week as a deadline to reach an agreement and avoid a lawsuit. The state could forfeit as much as $23 million in federal aid if it doesn't act, the letter said.

But officials here are stuck.

A group of voting rights activists in Westmoreland County last week persuaded Commonwealth Court to block the county from moving ahead, citing a provision in the state constitution that requires a referendum on the purchase of new voting machines.

The state Supreme Court has agreed to hear the case. Pennsylvania's Department of State, also a party in the lawsuit, and Charles A. Pascal Jr., a lawyer for the activists, submitted briefs on Wednesday.

snip

http://www.post-gazette.com/pg/06055/660496.stm


DoJ Letter
(.pdf)
http://moritzlaw.osu.edu/blogs/tokaji/DOJ-PALtr.pdf

(btw I am new to this. I am surprised Wilms did not post this here....did I do this right?)

[FogerRox]

14. Thanks MH1-- nice job-- I think Wilms maybe on strike-- LOL

[Wilms]

17. Thanks

I figured you'd catch that and post it. ;)

:thumbsup:

[Patsy Stone]

15. K&R.

Thanks, y'all!

[Wilms]

16. DEVELOPMENTS IN THE LAW -- VOTING AND DEMOCRACY

DEVELOPMENTS IN THE LAW --
VOTING AND DEMOCRACY

Harvard Law Review Developments issue on "Voting and Democracy"

Table of Contents

I. Introduction: The Changing Face of Voting, Democracy, and the Law (which begins by quoting from a 1999 Loyola Law Review symposium (scroll down) on Election Law as Its Own Field of Study)

II. Judicial Elections and Free Speech

III. Voter Identification Laws

IV. Deducting Illegal Votes in Contested Elections

V. Trends in State Self-Regulation of the Redistricting Process

VI. Voting in Times of Crisis

VII. Election Administration: Judicial Review and Remedial Deterrence

http://www.harvardlawreview.org

Election Law Blog has links on this page.
http://electionlawblog.org/archives/005005.html

[Wilms]

18. AK: Division of Elections Denies Request for 2004 Election Records

Alaska: Division of Elections Denies Request for Election Records

Democrats Evaluate Options for Next Step

By Kay Brown, Alaska Democratic Party

February 24, 2006

The Alaska Division of Elections is refusing to release public records that are needed to verify the 2004 election results, claiming the release would cause "security risks."

snip

Metcalfe said Democrats are weighing whether to file a lawsuit or make an administrative appeal of the denial. "We will continue to pursue it. We are trying to get the information as expeditiously as possible, with the least cost to the State and to the Democratic Party," he said.

snip

Under the public records regulations, the Division was supposed to release the data file on Jan. 4. On Jan. 4 the Division extended the deadline until Jan. 19.

In a Jan. 19 letter, the Division asserted that the file was proprietary information belonging to its contractor, Diebold Elections Systems.

In a Feb. 3 letter, the Division advised the Democrats that Diebold had agreed to waive its proprietary rights to the GEMS database files, and said that the records would be provided if it determined that the integrity of the election system could be protected. In the Feb. 3 letter the Division asked for an additional 10-day extension until Feb. 13, and the Democrats agreed. On Feb. 13, the Division again extended the deadline to Feb. 27. In a letter dated Feb. 22, the Division denied the Democrats' public records request.

snip

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=977&Itemid=113


Discussion

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x414418