They Don’t Call Them HOTlines for Nothing

Jonah Goldman, Director of the National Campaign for Fair Elections and Legal Leader of the Election Protection Coalition send out a request this morning: “A Little Help Here!”

We set up the Election Protection Coalition to avoid another fiasco like that [Florida in 2000]. And our volunteers did amazing work during the primary season.

But preparing for the general election is another thing entirely. It’s the difference between canoeing across a lake and sailing the Atlantic Ocean. We need more help, more phone lines, more trained volunteers. And more funding. Will you be a part of the solution by helping us set up our call centers?

Make sure the Election Protection Hotline is available for every voter in need - click here TODAY to sponsor ONE line for ONE hour for just $31.37!

Everywhere you go, everyone you talk to, there’s buzz about this election. New voters are registering by the hundreds of thousands. Every expert predicts record-breaking mobilization on November 4.

That’s the good news. The bad news is: our rusty election infrastructure isn’t ready for it.

What a tragedy it would be if voter enthusiasm were undermined by untrained poll workers, confusing laws, and occasional outright deception. It could take years to restore confidence in the system.

I really need your help. Together let’s build an Election Protection hotline that can handle the biggest voter turnout in American history.

Read more about the National Campaign for Fair Elections or Sign up to Volunteer.

Your Mother Isn’t Always Right

Everyone has different tastes, and hey, if you aren’t moved after watching Uncounted that’s your prerogative. But an uninformed and half-ass review that tries to nail the 80-minute movie on one ten-second factoid - like the one delivered to Mother Jones readers by former MJ Senior Online Fellow and current TPM Media News Editor, Justin Elliott - is inexcusable.

In the review, Elliot references the following that briefly appears on screen: “Two voting machine companies—ES&S and Diebold—electronically counted 80 percent of the votes in the 2004 presidential election. Both companies have extensive ties to the Republican party.” He then runs the 80% number by Kimberly Brace, “a respected voting expert with the consulting firm Election Data Services” who calls it “totally wrong.” And that’s it. Proof by assertion. No follow up. End of review.

You can, of course, read the rest for yourself at MotherJones.com, where you can also read the comments of some very smart MoJo readers who recognize not only Elliott’s shoddy work but also the importance of the bigger issue - that our democracy is at stake because of bad electoral practices.

You’ll also find Filmmaker David Earnhardt response, which I am also printing in its entirety:

As the filmmaker for UNCOUNTED, I was surprised to see that critic Justin Elliott failed to actually review our film in his article for Mother Jones. Instead, he spent almost the entire piece on one text graphic that quite literally took up just a few seconds of an 80 minute film. I guess I need to work on my filmmaking because it appears that Mr. Elliott slept through the rest of the movie.

Had he actually watched the film, he could have written about the eyewitness accounts we had from whistleblowers - backed up by election experts - that revealed electronic voting machine security breaches, vote count manipulation, and illegal behavior by a major voting machine manufacturer which all threaten the integrity of our elections. He might also have written about the story of a computer expert who testified under oath that he was asked by a now-sitting congressman to program a voting machine to “flip votes” from one candidate to another. Or he might have written about one of any number of Democrats, Republicans, business leaders, elected officials, and rank and file voters we featured who are part of a growing movement in America that recognize, and are working hard to fix, an election system gone bad.

Instead, Mr. Elliott, using a tactic out of a hyper-partisan’s playbook, chose to try and discredit the entire film by presenting his one sources’ opinion as fact. The reality is that by 2004 our elections had been privatized to such a degree that it had become detrimental to the democratic process.

ES&S’s own website claims its company alone “counted approximately 56% of the vote in each of the last four presidential and congressional elections.” (http://www.aboutus.org/Essvote.com.)

And a Diebold spokesman told veteran journalist and election integrity expert Lynn Landes that they had counted 35% of the total vote in the 2002 election. (http://onlinejournal.com/evoting/042804Landes/042804landes.html)

Journalist Bob Fitrakis, who has written two books and numerous articles investigating irregularities in the 2004 election, adds an additional perspective:

“When you say that 80% of the votes in 2004 were counted by Diebold and ES&S, I think that is actually a conservative figure. You have to remember that it’s not just the voting machines with secret software that count our votes. It’s also the central tabulators where the final counting is done. And these central tabulators are also owned by private companies, like Diebold and ES&S.”

And, according to Robert Kennedy in his landmark Rolling Stone Magazine investigative report “Will the Next Election Be Hacked?“, it hadn’t gotten that much better by 2006:

“The United States is one of only a handful of major democracies that allow private, partisan companies to secretly count and tabulate votes using their own proprietary software. Today, eighty percent of all the ballots in America are tallied by four companies - Diebold, Election Systems & Software (ES&S), Sequoia Voting Systems and Hart InterCivic.” (Robert F. Kennedy Jr., “Rolling Stone”, September 21, 2006)

I’m worried, as are most of the people who have seen UNCOUNTED in the 35 cities I have traveled to with the film since last January, about the integrity of our elections, particularly as we look ahead to November. And so Mr. Elliott’s unwillingness to examine all the issues presented in UNCOUNTED was a real disservice to Mother Jones readers. Further, his typical corporate media response - which has always been to laugh, roll their eyes, or throw spitballs and move on - could spell disaster for our democracy.

David Earnhardt
Director, Producer & Writer
UNCOUNTED: The New Math of American Elections

Again, like the movie or hate it, that’s up to you. But you do a disservice to your readers when you dismiss an entire piece of work and, by extension, an extremely important issue, by analyzing one microscopic piece of the content to imply implausibility.

Elections Officials Say Electronic Voting Machines Flaws at Polls Will Remain in November

Ian Urbina of the New York Times reports that we still have some serious problems with our voting equipment:

Flaws in voting machines used by millions of people will not be fixed in time for the presidential election because of a government backlog in testing the machines’ hardware and software, officials say.

The flaws, which have cast doubt on the ability of some machines to provide a consistent and reliable vote count, were supposed to be addressed by the Election Assistance Commission, the federal agency that oversees voting. But commission officials say they will not be able to certify that flawed machines are repaired by the November election, or provide software fixes or upgrades, because of a backlog at the testing laboratories the commission uses.

Why do we have to settle for flawed machines this November? There’s still plenty of time to print paper ballots and sharpen those pencils.

An Open Letter to Rep. David Davis, Candidate Tim Barnes, Nashville Public Radio, and the National Media

Dear Rep. Davis, Candidate Barnes, Nashville Public Radio, and, what the heck, the National Media,

First, I’d like to thank you all for your interest in the democratic process. As you know, it’s so important that as voters and American citizens we can count on our news media and elected officials to ensure that in every election our votes will be counted and counted as cast.

Since the story broke of potential recount challenges by both candidate Barnes and Rep. Davis, a couple of things have happened.

First, Nashville Public Radio, you ran a news story in which you interviewed Tennessee Election Coordinator Brook Thompson about the process for initiating a recount. In the report, Mr. Thompson made it very clear that, because this was a primary election, the responsibility for deciding to go forward with a recount challenge was up to an individual party and their committees:

“The party really sits as judge and jury in an election contest. And so the losing candidate will contest the election. They will be given time, I presume, to make their case. The winning candidate will also be given time to make their case, and the party has to determine what it wants to do.”

Interesting story - but it was missing something. Where were the questions about the process for a recount? Where was the mention that, because of the types of electronic voting machines used in 93 of 95 counties here, a “recount” in Tennessee means pressing the same button and getting the same totals? Where was the factual statement that when using this methodology there would be absolutely no difference at all in the numbers either candidate would get after a recount? Isn’t that news? Hell, isn’t that the story?!?!

You also recently reported that “As recently as last year, two Republican candidates challenged primary results” but that “State Republican Party officials says both matters were resolved without a full recount because either the candidate couldn’t pay for it or because the committee ruled it inappropriate.”

The real reason, of course, as Rep. Davis and candidate Barnes have now figured out, is because a recount would be futile.

Now, I hear, both you, Rep. Davis, and you, candidate Barnes, are looking into challenges based on “cross-over” voting instead. Good luck with that. But is that it? Does the story of why a recount isn’t possible when an election is close now simply just go away?

I urge you, Nashville Public Radio, the National Media, Rep. David Davis, and Candidate Tim Barnes, as you go on with your news stories and your challenges, please DO NOT LET THIS STORY DIE.

Electronic voting (not bears) is the number one threat to our democracy - and not just in Tennessee:

• 28 States still use Electronic Voting Machines and will in this critical presidential election.
• The U.S. Senate is proposing an Electronic Voting Machine bill that would exacerbate these bad voting practices, not fix them.

But yes, this threat does continue in Tennessee and will do so until 2010. Right now, in Davidson County a small group of committed volunteers and Metro Council folk are fighting to prevent the Election Commission from spending hundreds of thousands of dollars to rent more of the same useless and unverifiable machines instead of buying the type that will allow for paper ballots and that they are mandated to purchase, by law, before the 2010 election.

It’s clear, sirs and madams, by the work you do that you love our democracy. But do you love it enough to realize the importance of this story - your story - and shout it from the rooftops until the rest of the country stand ups and takes notice?

Your pal,

Mary

Rip Van Hoodwinkled Again?

Rather than pay attention to the many emails and tips about election day irregularities and exit poll discrepancies they received after the 2004 election, corporate media reporters and journalists collectively rolled their eyes or stuck their fingers in their ears and said “La la la la la I’m not listening!” But a rare exception was Tribune Media Services syndicated columnist, Bob Koehler, who was one of the first to report nationally on the glaring problem, got the story out so that now we can be prepared for what lies ahead in 2008.

Or will the corporate media be Rip Van Hoodwinkled again?

The Uncounted World Television Premiere on Starz

We are so excited to announce that Starz Edge and Starz Cinema has picked up UNCOUNTED and will air it 11 times on their national cable outlets beginning August 22 through early October. Our film has its World Television Premiere on Monday, August 25, 10:30pm (Eastern/Pacific) on Starz Edge - following by an airing on Thursday, August 28, 10:00pm (Eastern/Pacific) on Starz Cinema.

We hope this will expose our film and this critical issue to a whole new audience - and we are so happy that Starz is giving our film extensive airing PRIOR TO the 2008 Election.

See also BradBlog.com announcement.

An Open Letter to Tennessee State Senate Candidate Tim “I Want a Recount” Barnes

Dear Tim Barnes,

Congratulations on a well-fought race against Senator Kurita. The race was so close in Tennessee State Senate District 22 (the fightin’ 22nd!) and the fact that incumbent Rosalind Kurita beat you by only 19 votes is a testament to your hard work and dedication to your campaign.

Due to the closeness of the race, it is completely understandable that you would want a recount. It’s the smart - and right - thing to do.

But there is one thing you should know - a recount is an absolute waste of time.

You see, the machines used in both Montgomery and Houston counties are electronic. So, to get vote totals for each machines, an election official merely presses a button. A “recount” for these machines means pressing the same button and getting the same totals. There will be no difference at all in the numbers you get after the recount.

Now, if Tennesseans used paper ballots to vote (and they will in 2010) and those paper ballots were the lawful ballot of record, then you might actually be able to see exactly how the voters in The Fightin’ 22nd voted. And rather than rely on easily hackable electronic machines that spit out the same results no matter how many times you request a “recount,” you would have tangible pieces of paper that represent the real intent of the voter.

Congratulations again on a well-fought contest. And good luck in 2010.

Your pal,

Mary

Election Day Intimidation Stories: The “This Couldn’t Happen To Me, Could it?” Edition

Thrown in jail for knowing the voter ID laws in your state? Maybe not, but just as bad is how many will just walk out the door without voting if someone with “authority” says “You can either give me what I told you to, or you can just get out that door and find someplace else to vote!”?

BradBlog has the full story of Missouri Election Integrity Activist, Phil Lindsey, of ShowMeTheVote.org, the victim of needless intimidation and unlawful disenfranchisement, who was arrested for having the right form of ID while attempting to vote in his state’s primary on Tuesday:

This story is unfrickin’-believable. Or maybe it isn’t. It took place in Thor Hearne country, after all. And though she didn’t get arrested and thrown in jail, a similar incident happened to the Missouri Secretary of State during the 2006 election.

A voter in Kansas City on Tuesday — one I happen to know, because he’s an Election Integrity advocate in the Show Me State — was arrested and sent to jail after he refused to show a driver’s license at the polling place before attempting to vote during the state’s Primary Election.

As user “galloglas,” Phil posted the unnerving details at DemocraticUnderground.com.

Or course, the official charge couldn’t be, “He knew what kind of ID he needed to vote legally,” so they slapped him with “disturbance/disorderly conduct…acts in a violent or tumultuous manner toward another, placing such person(s) in fear of safety by refusing to show proper I.D. when voting.”

Also over at BradBlog, links to local news coverage of the incident and similar stories experienced by the Missouri Secretary of State and Brad’s dad - two very nice people.

“Show-me” State Missouri needs a new slogan: The “Show-Me the ID I want Regardless of the Law or Get Thrown in the Hoosegow” State. Wordy, I know, but if the slogan fits…

Playing to Win with A Full Deck of Race Cards

Note from David Earnhardt, “Uncounted” filmmaker: Each week until the election we will release a clip from UNCOUNTED because now, more than ever, people need to see stories that will motivate them to stand up and help save our democracy. Please spread these clips around - to the bleary-eyed and the overworked; the uninspired and the skeptical.

WEEK 5: Playing to Win with a Full Deck of Race Cards

Click Here to Watch Playing to Win with a Full Deck of Race Cards

On Election Day 2004, the most vulnerable Americans were the targets of massive and systematic voter disenfranchisement - long lines and other artificial barriers were manufactured to make it as difficult as possible for American citizens of certain targeted demographics to exercise their legal right to vote.

Why should anyone have to stay in line for 12 hours to vote? And with our busy lives and overwhelming responsibilities, is it even possibly to do so? Or is that the idea?

This week we get to know Jim Crow - the bully who can disenfranchise millions with one simple act.

Also Available:

Weeks 1 thru 4: The "Whistleblowers Should Have Their Own Trading Cards. With Bubblegum" Series.

Week 1: The Ballad of Steve Heller
All he was doing was his job when Steve Heller found "smoking gun proof" that an electronic voting machine manufacturer was using  illegal uncertified software in their voting machines.

Week 2: Million Dollar Programmer
Clint Curtis was asked to create a vote-rigging software prototype that he assumed would be used to try and "catch" would-be fraudsters. The truth, of course, was something completely different.

Week 3: Diebold’s Disreputable Distinction is Dead On Deserved
Ex-Emory County, Utah County Clerk, Bruce Funk, is the kind of man you wish was your grandfather - soft-spoken, kind, and able to recognize what has been called "the nuclear bomb of security flaws" in Diebold’s electronic voting machines.

Week 4: What Happens to a Dream Deferred?
Nashville businessman Athan Gibbs had a question: Why, if you’re an ATM manufacturer, would you make a machine that doesn’t provide a paper trail and can’t be audited?

Who Here Thinks We Have a Constitutional Right to Vote? Anyone?…Anyone?

For some reason our wild and crazy wig-wearing Founding Fathers didn’t see the need to build the right to vote into the Constitution. Instead, they decided to leave it up to the individual States to determine who, where, when and how we vote. Oh sure, some voting rights have been amended into the Constitution in the form of anti-discrimination prohibitions (15th, 19th, and 26th), but the fundamental and very human right of the franchise is nowhere to be found. Zero. Zip. Nil. Nada.

Turns out that while election integrity activists have been busy fighting against systemic disenfranchisement, Rep. Jesse Jackson, Jr. has been introducing House Joint Resolution 28 (H.J. Res. 28) - legislation calling for an amendment to the U.S. Constitution granting everyone the affirmative right to vote - in every Congress since 2001, noting that “It’s time to scrap the states’ rights-based system we have now, and place the right to vote alongside the constitutionally-protected right to free speech.”

Today, Rep. Jackson furthered his cause by releasing a statement to the press citing a new report by the Advancement Project (which “details a dizzying array of Election Day meltdowns), as well as the documentary Uncounted: The New Math of American Elections (which offers “evidence of how voting machines themselves can create problems”). Both the report and the film, he says:

“…offer warnings about the fragile state of our electoral system. They support what I’ve been saying for years: Going to the polls — which they’re doing today in states like Michigan and Tennessee — does NOT mean you have the right to vote.”

After the momentary “Oh my God I forgot to vote and isn’t that ironic?” panic I had after reading his quote - primary election day is Tennessee is Thursday, August 7th and not today (But if you live in Michigan and you didn’t vote today you snoozed and loozed…er, lost.) - his misstatement really did prove his point, “Until we put [the right to vote in the Constitution] we will continue to have presidents selected by the Supreme Court, partisan officials crafting rules in their favor, and voters disenfranchised by political games or plain old sloppiness.” What sloppy election official mandated a Thursday primary election day?!?

The most important part of the report, besides identifying concrete strategies for achieving the right to vote, is the very accurate observation that our current system contracts, rather than expands, the franchise.

Disenfranchisement is not anathema to the system - it’s part of it.