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I'm sure by now you're aware that CA's Diebold buddy, Secretary of State Bruce McPherson, has conditionally certified Diebold's entire line here-- hackable touch screens, hackable optical scanners, and extremely hackable GEMS tabulators-- despite 100% public opposition and numerous attacks proving the sytems' fatal flaws and insecurities.  State Senator Debra Bowen  (hopefully new SOS after Nov '06) is on the warpath along with Bev Harris of BlackBoxVoting and others to try to prevent a total electoral landslide from occurring in California. The battle to keep the Golden State from going Rovian Red can be waged by the people if we act now.  

Everything is at stake.  

I am putting some very important phone numbers and emails here along with simple instructions for what we all need to do, Californian or not.  We have 55 electoral votes, 7 Fighting Dems, and equal protection of all our votes at risk.

Don't let the Pirates win...We have everything to lose-- in this state and in the nation-- if we don't all take a few SIMPLE steps immediately.  Especially Californians, but nearly every state is experiencing this conflict, with looming and random HAVA deadlines.  The window is rapidly closing for November... It will NOT reopen.  

Bev Harris has provided us with the most efficient, easiest strategies to counter the shoving of illegal and insecure systems down the electorate throats.  She has spent years of effective research and discovery in the eye of this electronic storm, so we should defer to her expertise and with a NIKE like clarity--JUST DO IT.  Her simple,
painless suggestions are broken down below.  

It comes down to only FIVE calls, (or FIVE emails)

Give me one good excuse for not being able to make five calls....?  On second thought-- don't. Just do it, please.

None of your contributions to your candidates -- or your hard work at grassroots level-- none of it will mean a damn thing if we cannot have the votes counted accurately.

NONE!  Remember;  It's your tax dollars that are paying for this equipment...


The Secretary of State's office has just released the UC Berkeley report which was used to inform their decision on the Diebold product line. Some relevant quotes from it:

"Harri Hursti's attack does work: Mr. Hursti's attack on the AV-OS (Optical scanner)is definitely real. He was indeed able to change the election results by doing nothing more than modifying the contents of a memory card.  He needed no passwords, no cryptographic keys, and no access to any other part of the voting system, including the GEMS election management server."


"Interpreted code is contrary to standards: Interpreted code in general is prohibited by the 2002 FEC Voluntary Voting System Standards, and also by the successor standard, the EAC's Voluntary Voting System Guidelines due to take effect in two years. In order for the Diebold software architecture to be in compliance, it would
appear that either the AccuBasic language and interpreter have to be removed, or the standard will have to be changed.

California can only run software certified by the Federal ITA process, by state law. The "Berkeley team" is saying flat-out that such certification was NOT done
, therefore the entire Diebold product line is illegal under state law."


The Feb. 16 California Senate Elections Committee hearing on certification was hit with no-shows by ALL FOUR major vendors (Diebold, ES&S, Sequoia and Hart
Intercivic). Representatives from Wyle and Ciber testing labs also declined to appear.   The Secretary of State's office is now "legally late" on a series of public records requests made by California Elections Committee Chairperson Debra Bowen.  

Bowen has to get permission from the California Senate Rules Committee to have subpoenas issued.

Only three of these Senators below are needed to invoke port subpoenas.


The Plan:  CALL 5 SENATORS on CA Senate Rules Committee (see #s below)

You will be requesting Subpoenas on KEY WITNESSES -- on election industry and certification insiders who did not come forth on the 16th to testify under oath.

The Goal:  Subpoena-induced sworn testimony from voting machine vendors and errant testing labs, voting machine examiners.




Here is your contact list for the Rules Committee, you need not be Californian:  Urge support for subpoenas of election industry and certification insiders who didn't testify on the 16th.


Senator Don Perata (Chair) D
(916) 651-4009  
District office (510) 286-1333

Senator Jim Battin (Vice-Chair) R
(916) 651-4037

Senator Roy Ashburn R
(916) 651-4018

Senator Debra Bowen D
- (Ms. Bowen is mounting this case and will be busy preparing, emails are welcomed-- See below*)

Senator Gilbert Cedillo D
(916) 651-4022


SECOND-  What to say:

Be concise, be polite, be professional. Here's your message: ask for "Rules Committee support for subpoenas of election industry and certification insiders who won't otherwise inform the Elections Committee as to what's going on".

The key people:  Diebold head programmers, federal testing labs (Ciber, Wyle) that repeatedly certified these flawed systems, voting system examiners who took taxpayer money, spent hours on  so-called "security exams" on systems your 12-year old sister can hack, then repeatedly recommended for certification.

This is about volume of calls logged, emails sent.  Not only should YOU make calls, but this needs to go out to your list.

Polite, professional, short clear message, FIRM is what works. Your passion and conviction will speak volumes.

Once subpoenas go out, that will have nationwide impact. Never before have the key witnesses had to answer questions under oath in public.  That will unravel the garment, and we are so close.  Demonstrate that the citizenry of America wants those guys compelled to testify, with subpoena power, under oath.  Per Bev Harris..."Perjury will follow".  It's our best shot that is achievable before the critical Nov. elections.


THIRD - if you want to do more:

Suggestions from Bev Harris of

Next comes gathering evidence in the form of public records.  I'll work with any who volunteer to send customized public records request letters, will help
you learn the ropes, will suggest some really juicy stuff to ask for.  This year, it is all about mentoring individuals to regain their power as citizens. Just one
person can make a difference.

But you need evidence, and records requests are the best way to get it. For the power of a single records request by a single individual, look at what Joan Quinn achieved in the article called "Voting machine examiners chickening out" on our home page, I think it's the third article down on

* UPDATE:  State Senator Debra Bowen, working feverishly on the forefront of election integrity, wrote me last night to request that we email her offices rather than call. Her words:

"Email is great because it is easy for us to log and report -- and we can actually prove how many emails we've received!"

"We are going to need an enormous amount of people power in the next couple of weeks.   Together we can change this whole pathetic mess.  Let's stand up for our democracy RIGHT NOW."

"Please email me in support of issuing subpoenas rather than calling  -- you will save my staff a great deal of time logging calls, and you know what kind work we have
to do right now.  You can always call and fax later!"

Use this address:

"Anyone cross-posting, please include the contact info --  and the email address.  My team will strategize
about this in the next 24 hours.  There is so much happening at once."

"I have a stack of documents to read, so I'm going to log off.  We'll get our  contact plan out before offices open on Tuesday, but email doesn't have to wait for the end of a holiday weekend."



For more information on election issues, see my website: Who's Counting? Recommend the Chapters on "Technology" and "The Companies" as a Primer.

Originally posted to ms in la on Sun Feb 19, 2006 at 10:47 AM PST.

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Comment Preferences

  •  Please, the "pirates" comments... (4.00)
    ...these political cretins are not pirates. Compared to Diebold and the pols, pirates are upstanding and honorable and all. Sure, pirates have their "issues", but we're talking a different animal all-together.

    That said, I don't understand what people don't get about black-box voting and why it is such a completely bad, horrible, not-good idea.

    MS in LA - thanks for this diary. Cheers.

  •  Excellent Action Diary ms! (4.00)
    I sent emails to the 4 Senators who have email addy's listed and will call Senator Cedillo Tuesday.

    For California residents, Senator Cedillo has a contact link at his website which is accessible via the  CA State Senators website.

    If we can bust this open in CA, the Corporate Press is going to have a hard time keeping it under wraps. And even if they continue ignoring it, this gives election integrity workers all across the country the tools to lead similar actions in their own states.

    From Bev Harris:

    This is a very important news post, with national implications because -- with YOUR help -- today's miscarriage of democracy will give you the first good shot at subpoena-induced sworn testimony from voting machine makers and testing labs.

    Vendors and voting machine examiners: Enjoy the reprieve that McPherson just handed you, because the American citizenry -- with the help of some California senators -- is about to make sure it stops right now.


    •  Thank you Jen (4.00)
      and take a bow.

      Jen is in charge of posting all the UPDATES on my website (linked above) Who's Counting?  She keeps us up to date on progress and regress on the issue.

      •  Takin' a bow! (none)
        Been me pleasure ms in la! Right! Yer've been an 'uge inspiration for me ter be able ter keep fightin' the bloody good fight and still be able ter smile an' laugh!  :D
    •  Emails aren't enough - CALL TUESDAY! (4.00)
      Emails are better than nothing, but not a whole lot. They are easily programmed and automated, and the pols know it.

      We need phone calls and faxes!!

      Let's him them hard on Tuesday!!

      Also, Sacramento is less than 2 hrs drive from the Bay Area, for those of you who live there. It isn't that hard to come to a Sacramento protest, should there be one. Amtrak's Capitol Corridor service will even take you within walking distance of the capitol.

      Tracking energy and transportation news.

      by joel3000 on Sun Feb 19, 2006 at 12:13:51 PM PST

      [ Parent ]

      •  An organizer! (none)
        Yes Joel, calls and faxes too. Thank you.

        Just note that it's important we DON'T call Bowen's office as she is at the helm of this effort and will need her time and her staff's to mount the attack!

        So she has requested emails in order to have a good accounting of the response, but NO calls please.  Her time has got to go towards the effort right now...

      •  Joel, here's your marching tunes...... (none)
        I don't know but I been told

        Bad machines made by Diebold

        Call or write to save your vote

        Stand behind the words you wrote

        Left, right, left, right, left, right....

    •  Senator Cedillo (none)
      has an automated message that rejects email if your address is not in his district.  Refers you to your own district representative.  FYI.

      When we stand down, Iraqis will stand up -7.50, -6.15

      by bloomer 101 on Sun Feb 19, 2006 at 01:34:45 PM PST

      [ Parent ]

  •  Recommended (none)
    Please recommend!

    "Face it, we're as dead as corduroy" - Cat

    by TalkieToaster on Sun Feb 19, 2006 at 11:07:10 AM PST

  •  ARRRRGH! (4.00)
    Keelhaul the swarmy bilge rats. They give us real pirates a bad name.

    "Knowledge is good" Emil Faber(Founder of Faber college)

    by irate on Sun Feb 19, 2006 at 11:08:04 AM PST

  •  Help Sen. Bowen Subpoena Diebold (4.00)
    and all the others!  

    Wonderful diary ms_in_la.  

    •  Thank you cheeto... (4.00)
      Sen. Bowen is California's Obewan...
      She works around the clock fighting these vermin.
      She writes legislation to combat every new loophole they create and she blogs too!!

      Bowen for SOS '06!

  •  I'm on it. (4.00)
    I sent emails and left messages. I also emailed the info to 12 people here in the Bay Area and 4 people in Sac. And I sent a fax to Pelosi's office.
    •  A round of applause for grayscale!! (4.00)
      Thank you grayscale-- Good networking!

      We have been the majority the whole time they told us we weren't.  And now even more so with bush polling in the 30's.

      With a groundswell of those voices, we can have a huge impact.

      To NOT CALL is inexcusable.

      •  YES. INEXCUSABLE. (none)
      •  {{{ms in la}}} :o) (4.00)
        Let people know they can call through the weekend. I got through to answering machines and was able to leave messages at the 916 numbers.  Since Monday is a holiday, that is two full days (today and Monday) that people can leave messages before  the week starts.  
        •  That's what's funny (4.00)
          I'm sure the Friday evening dump of this information by McPherson on a holiday was intended to let it die out and disappear from the horizon, when in fact it has allowed us even MORE time to rally the troops and stage a full fledged counter attack!


          Yes-  call now, call Monday, call Tuesday.

          •  Thanks , Thanks , Thanks and Thank You (none)
            Ms in LA this is SUCH an important issue; my group sees Bowen as a last chance at sane and safe election here. This despicable Friday dump of Mr. Prostitute errr MacPhersons, will blow up in his scurvy face. Your post is now circulating in the CA for Democracy Lists as well.

            Make the calls!


            Continuing the national debate---People for Change --*help us TAKE OUR COUNTRY BACK*

            by MikeHickerson on Sun Feb 19, 2006 at 01:45:07 PM PST

            [ Parent ]

            •  You're welcome and Thank YOU (none)
              Our main task right now is to keep our mouths and keyboards going and inform inform inform.

              Good on you for moving it through the lists, thanks so much.

              All our voices should be able to move at least THREE state senators to act.

  •  Recommended with exclamation points!!! (4.00)
    and if I could add exclamation points to my recommend there would be millions!!
  •  Thanks for the ACTION diary! (4.00)
    These are always the best diaries.  God, I feel good when I have something specific I can DO to help prevent bad shit from happening.

    I will do all the calls and emails on the list.  This is huge.  I hope tons of people join in.  I've already written McPherson several times and obviously he's not getting the message that California doesn't want these machines.

    •  Great Loquatrix (4.00)
      Save your keystrokes on the McPherson writing...

      Use it for the Rules Committee. Remember too, money talks-- if you tell these people that you contribute to officials who truly serve the public and represent the people, and if you tell them that you are part of some larger community, group or organization-- you're likely to get "heard" just a bit more clearly...

      This is such a no-brainer, so easy.  

      Thanks for your help.

    •  Remember Clear channel and getting that (4.00)
      god forsaken Kerry documentary off the air just before the 2004 election? You can do this!! This is just the million dollar opportunity to hit these people right in the keester.

      Ahoy, matey's! Board this ship, swarm the decks!

  •  sent e-mails today (4.00)
    calls tomorrow
    •  Another idea (4.00)
      Is to print out the numbers and take them with you -- that way you have them during the day if you run across anyone else you think might leap into action...

      After all... it's only FIVE numbers!

      Thanks drofx!!

  •  Thank You! (4.00)
    I'm from AZ and our SOS just authorized Diebold in an 11th hour, darkroom deal w/no public hearing or anything.  We're outraged.

    So, I'm happily making my calls and sending emails.  Thanks for the action item!

    Now, another question:  How about we get cracking on "recall campaigns" for each and every SOS that strongarms these approvals?

    Can we do that?  Can we go out and get signatures and petition that they leave on grounds of authorizing illegal and corrupt voting machines?

    Besides, I would think that such vile actions would amount to a treasonous act....but anyway.

    I want Jan Brewer recalled YESTERDAY!

    •  Thanks Shaking (4.00)
      I was just reading this morning about the Glenda Hood "permanent appointment" in Florida....and it reminded me what happened to us here.  See Katherine Wicked Witch of the Gulf Harris knew she was going to run for Congress, but kept it quiet while she remained SOS down there and quietly amassed her millions for the campaign.  Then later claimed she was serving as the "de facto" SOS -- which does not exist, but, hey, it's BushWorld down there so, OK.

      She announces, after the coffers are fat, she's taking off to run for Cong. and voila-- Jeb appoints Glenda who happened to work on every campaign with a bush in it that ever was.

      Now we get the Kevin Shelley smears forcing his resignation, and voila-- Arnie gets to appoint the Diebold designee of the month, Muddy McPherson.

      Long story short, I think we do need to have the SOS's be accountable to the electorate 100%.  Or how about letting us even ELECT a few?  Recall would be lovely.  Debra Bowen in there even better.  I've met with her and she is one of the most savvy officials out there on the issue.

    •  Aaayy! Matey! (none)
      Make them walk the plank!
  •  Excellent diary (4.00)
    with very clear background information and detailed focus for our followup action.  

    Thank you for laying it out so clearly.  I'm sending my emails now, and will make followup calls on Tuesday.

    I'm on Debra Bowen's email list and have been gathering signatures on her election petition for Secty of State--she's a real fighter!

    •  Bowen Rocks (none)
      And thanks for your emails Cook!
      •  Forwarded a copy (none)
        of your post to several friends, along with a copy of my email as a sample just in case they didn't want to take the time to think up their own wording--the easier the better, just as long as they do it.

        Let's hope it makes a difference.  (I wish there were a way for the voters in those districts where McPhearson is imposing use of these already purchased Diebold machines to simply revolt and refuse to submit anything other than a paper ballot.  Of course I know that would simply end in refusing to count their votes, but hard to just sit there and take it.)

  •  I linked this diary to Democratic Underground (4.00)
    In the California section here

    Welcome Michael Moore Bulletin Board refugees,

    by Luminous Animal on Sun Feb 19, 2006 at 11:51:05 AM PST

  •  One of very few, very rare MSM articles on the (4.00)
    companies. Go there and read it and give this article more hits than they thought they would ever get!

    Sometmes, the best way to spank bad behaviour is to reward good behaviour!

    •  Great idea- (4.00)
      And while we're on spanking...

      Remember the people who DO the work on this when you're tapping your piggybank for donations.

      Boxer, Holt, Conyers, Bowen....etc

    •  good catch, thanks, and to emphasize: (4.00)
      not just an article, but a TV news investigative report, aired last night by Pittsburgh's Channel 4 News. with a good angle: focusing on the "business ethics" of the e-voting vendors.

      here's the lead-in to the report (which you can watch at blackstar's link):

      Think about it.

      Pennsylvania is working feverishly to run background checks on companies and individuals who want gaming licenses to run slots casinos in the state.

      But when it comes to your vote, there are no background checks.

      So, Team 4 did its own on the companies approved to build and program the computer you could be voting on in the next election.

      •  No background checks (none)
        It's akin to the fact that every single business using electronics for any significant activity (ie banking, defense, security) runs Vectors, assessments, runs tests and attacks of the systems to insure accuracy and security.

        Except our voting equipment - leaving the test for penetration off of the list in certification testing.  

        Same sort of disconnect.

      •  Isn't it apropos for a story on pirates........ (none)
        ......that it was broken by a station!? I thought spring training in baseball just atarted?

        "We should pay attention to that man behind the curtain"

        by Ed Tracey on Sun Feb 19, 2006 at 02:23:40 PM PST

        [ Parent ]

  •  great diary-Bev Harris is a hero (4.00)
    I will call and email immediately.  Maybe this mess will all break open now onto the national stage.  Bev Harris is a hero for all of the often dangerous work she has done to fight election corruption and fraud.  If anyone read about the life and recent passing of Andy Stephenson, who worked with Bev and then on his own to expose election fraud and all of the horrible, dirty, underhanded tricks he endured while battling aggressive cancer and trying to receive life-saving healthcare, you will see that the Republican "machine" behind election rigging for the past 6 years is deadly serious about keeping its inner workings secret. These people actually cut off all of his healthcare benefits so he was unable to receive a potentially life-saving operation. He and his friends were tailed, tapped, threatened, harrassed, you name it. We must stop these criminals now!
    •  Check out Mark Crispin Miller's blog (4.00)
      also for a story about election activist Roxanne Jeckot (<---wrong spelling I think) and her trials now.

      She is from Georgia and helped to expose the Diebold flaws down there, she has lost her home due to a claim of unpaid Property Taxes that were in an impound acct from her lender, meaning they are directly factored into the mortgage payments.

      They are taking her car, took her driver's license, even cut her off the voter registration rolls.

      The story is up at MCM's blog.

      We are starting to close in on them and they will not go down without a huge fight because there is now so much more at stake than there was last year even...

  •  Great action diary. (4.00)
    Thanks MS.

    The ...Bushies... don't make policies to deal with problems. ...It's all about how can we spin what's happening out there to do what we want to do. Krugman

    by mikepridmore on Sun Feb 19, 2006 at 12:12:22 PM PST

  •  A Sample Letter, if you choose to email... (3.87)
    A sample letter, if you choose to email to:

    Senator Don Perata (Chair) D

    Senator Jim Battin (Vice-Chair) R

    Senator Roy Ashburn R

    Senator Debra Bowen D


    Senator ____,
    California Senate Election Committee

    Dear Senator ____,

    Thank you for taking (or I urge you to take) a courageous stand against the actions of Californias' SoS McPherson, whose decision to confirm the use of Diebold voting machines without due process, was a clear violation of Federal ITA rules.  It is critical that voters are fully assured of their vote and the integrity of the electoral process.

    I urge you and your committee members to the issue port subpeonas to the key representatives and officials from Diebold, ES&S, Sequoia and Hart Intercivic, as well as Wyle and Ciber Testing Labs, who failed to appear before your committee.  

    Given the serious findings from the UC Berkeley Report, California voters must be gauranteed with total confidence that electoral systems are free from hacking and corruption abuses.  Therefore, it is imperative that they appear before California's Senate Election Committee in open hearings under oath and address these serious concerns.



  •  great job! Great diary! (4.00)
    Now if only I had cell phone reception in here... or if only it wasn't -2 F outside (where I do have reception). Maybe I better settle for email.

    Help me retire to Hawaii by age 30! Pimp my site Simple Vegetarian Recipes!

    by OrangeClouds115 on Sun Feb 19, 2006 at 12:33:10 PM PST

  •  Good post (4.00)
    I've sent my e-mails! Will call Tuesday.....

    Thanks for keeping us informed and letting us know what we can do to help!

  •  How do we organize massive exit polling? (none)
    Even paper ballots can be cheated, and it has become clear that rules and laws are being violated in recent elections.

    Massive exit polling may be the only technique left to counter cheating.  It worked in Ukraine, but there was not enough polling in Ohio to presuade a public who are convinced "it can't happen here," despite very persuasive statistical analysis which indicates it almost certainly did.

    What are the rules on doing exit polls?  Do you need to register?  Who can do it?  How do you go about being effective in collecting data?

    I'd love to see at least a pair of people at EACH and EVERY polling place - you and an honest friend who, out of inertia, is still registered R would be great!

    •  CAPE (none)
      California Association of Parallel Elections does great work on this line.

      See my website Who's Counting? and go to the Chapters in the left column, click on "But What Can I Do?" and in that chapter you should find the information on them.

      They basically sit outside the polls and function like a shadow election, polling people as they exit how they voted.  Their results are tabulated ON CAMERA in the open and compared to the actual tabulation.  They look for major discrepancies.  It's just another way to put EYES on the process and bring out of the dark into the light.

  •  mailed (4.00)
    Evidently, Cedillo subscribes to the same email policy as Rummy ><

    Honorable Senator -

    As an American seriously concerned about the integrity of our voting process and thus the state of our democracy, I urge you: please, please do everything in your power to fully investigate electronic voting problems.

    Please support Rules Committee subpoenas of election industry and certification insiders who won't otherwise inform the Elections Committee as to what's going on with the serious problems, liabilities, and flaws within their voting systems. These officials from Diebold, ES&S, Sequoia and Hart Intercivic, as well as Wyle and Ciber Testing Labs, must provide credible answers for why their systems are flawed, vulnerable, and illegal.

    After the Berkley team's posited that "... the entire Diebold product line is illegal under state law," my understanding is that all major e-voting vendors insulted law and the committee by not bothering to show up to the California Senate Elections Committee hearing. This has, of course, left legitimate questions unanswered.

    We, the American people, deserve answers. We deserve for our votes to be counted fairly. We deserve to be a bastion of democracy for the free world. If we don't know, with 100% certainty, that our voting system is safe and fair - we fail in all of these.

    Please, Senator. You are in a position to act now in defense of what America stands for - our free, fair, and honest process which is being blighted by these dubious machines. Please, subpoena these guys, so we can get to the bottom of this.


    Most of our so-called reasoning consists in finding arguments for going on believing as we already do. - James Harvey Robinson

    by pi1304 on Sun Feb 19, 2006 at 12:52:15 PM PST

  •  And when we have to dump (none)
    the machines....we won't get our money back, they win again.

    Anyone that cares about this country should be ***n' mad. Open your eyes. It's the economy STUPID!

    by mattes on Sun Feb 19, 2006 at 01:06:51 PM PST

    •  I would rather have my vote back (4.00)
      Then my money back

      Without my vote, greedy bastards take office and squander my money for things I never would dream of my name.

      Either scenario, I am left without my money!

  •  Not just a California issue (none)
    I strongly agree with you that this is not just a California issue.  CA has the most electoral votes of any state.  Will be sending emails.  Do we have fax numbers?

    On Bush: "He has all the virtues I dislike and none of the vices I admire." --(borrowed from) Churchill

    by joanneleon on Sun Feb 19, 2006 at 01:12:15 PM PST

  •  I emailed both state reps (none)
    Paul Koretz (D-AD-42) and Kevin Murray (D-SD-26).  But there's probably not much they can do.  I'm glad to see Bowen taking a stand on this.  I will see about calling the offices of Perata and Cedillo tommorow.  We have to stop Diebold or else our votes will be manipulated to show a Republican victory.
  •  Good work (none)
    but maybe you should change this sentence:
    "The battle to  take the Golden State to Rovian Red can be waged by the people if we act now."

    That sentence says that 's what you want to do. It would be better to say:
    "The battle to keep the Golden State from turning Rovian Red..."

  •  Diebold (none)
    I contacted my reps on Friday.
  •  Recall CA SOS Bruce McPherson (4.00)
    Once you've sent your emails and made your calls, then put on your thinking caps to get Schwarzenegger-installed Secretary of State Bruce McPherson recalled.

    Here is a forwarded message from Bruce Sims from the blogs:

    This is an action I strongly feel should be pursued and suggest that any Californian reading this contact the voting rights organization of their choice to provide support for this idea, which is recalling SOS McPherson:
    Election Code 11006. Proceedings may be commenced for the recall of ANY elective officer, including ANY officer APPOINTED in lieu of election or to
    fill a vacancy, by the service, filing and publication or posting of a notice of intention to circulate a recall petition pursuant to this
    Election Code 11100. (a) This chapter applies only to the recall of state officers.
    (b) In addition to this chapter, Sections 13 to 18, inclusive, of Article 11 of the California Constitution and the applicable provisions of Chapter 1 (commencing with Section 11000) and Chapter 4(commencing with Section 11300) shall govern the recall of state officers.
    ((What's tragicomic about this section is that Article 11 of the California Constitution does NOT contain anything higher than Section 15)

    Some of the pertinent Election Code sections: =retrieve =retrieve =retrieve =retrieve

    Anyone out there know how to start a recall effort?
    Perhaps you know an organization that can take this up?
    Please do what you can.
    McPherson is not interested in fair and honest elections. He cares nothing for the integrity of our elections. He needs to go.

    •  If any SoS in the country (4.00)
      deserves to be recalled, we've got her - er, I mean him, right here in Ohio!! They don't call him Catherine Blackwell for nothin'... Gag. Running for Gov. with the Patriot Pastors from the Ohio Restoration Project backing him! Argh!

      But, California has always been a leader and that's why this ACTION is so majorly important!! It could not only open the doors to the TRUTH about electronic voting making it into the Corporate Press and saving the rest of us, but it would show McPherson for the GOP tool he is.

      •  Jen- We've "merged"! (none)
        Time to move back to California now that you have all that experience with the cesspool...

        Jen in la!

        •  Ahahaha!!! (none)
          Well, California here I come, right back where I started from...

          But being a Northern Californian, well, we kinda have a "'tude" about So Cal! Plus, me and hot weather just don't mix... hence the hatred of Ohio summers! :(

          "For Sale By Owner" sign went out yesterday and I've gotten 2 calls already!! That's more than I had in 6 months last year! LOL!! I think it's time! Looking sooooo forward to my Spring road trip and coming home to save my birth state!! WooHoo!! Look out McPherson and Ahhhnie!

  •  Thanks so very much for this -- props to Jim March (4.00)
    Jim March called me last week while in California for the Open Source hearings. He was appalled that key witnesses were all chickening out of the crucial hearing on how this stuff got certified in the first place.

    Jim March, an investigator for Black Box Voting, who was one of the founding board members, was a lobbyist before becoming a full time investigator for BBV. He is a Republican and was a gun lobbyist, and he brought to us a very good understanding of how to create strategy that makes change happen -- he studied the NRA playbook on this, and is now applying it to the voting rights movement. He also has the ability to communicate effectively with both Democrats and Republicans in the California legislature, and knows how to target actions that make things happen.

    Black Box Voting has never before issued a grass roots call to arms like this. Now is the time. The ducks are in a row and waiting to be called by you, the citizenry.

    It is Jim March that crafted this strategy and wrote most of the message on Black Box Voting. We are all so very grateful to Ms LA here for helping to hone it into a more powerful and concise -- yet still accurate -- call to action.


    That being said, does not look good at all right now. The arrogance is stunning. Clearly, certain people in California feel they have it in the bag and seem to feel no need to be responsive to We, the People. Reading between the lines, that doesn't sound like we're going to have an honest election in 2006.

    This is a time for the entire voting activism community to come together. If not now, when?

    Subpoenas will trigger perjury. Watch the excuses fly. Watch people go on record trying to explain why they don't think they have to follow THE LAW.

    The people will not follow leaders they did not elect, and we'd better wake up fast to the concept that leaders we do not elect will feel no need to follow the law or allow our votes to count as we cast them.

    Make those five contacts.

    And thank you, Ms. LA.

    Bev Harris
    Kathleen Wynne
    Jim March
    Black Box Voting, Inc.

    Make it happen.

    •  Thank you Bev and Jim (none)
      and everyone at BBV.  For everything....except for the part about it not looking good right now...that is troubling.

      We'll do what we can and last I looked this was the Number 1 recommended diary so we should get a good crowd to respond.

      But why do I get that feeling in my stomach?


      If the emails and calls don't work-- Storm the Bastille!

  •  Jen - May I use your version to send to our list? (4.00)
    Your edits and commentary are simply outstanding. I'm doing the big blast tonight or early tomorrow a.m.

    I always try to make sure to credit by name those who stepped forward effectively to help in this important issue. Whether you like it or not, girl, you're going to get a shout out and a link to your own excellent Web site in the message we send out to our own constituents, so let me know how you'd like to be known.

    And to recap for anyone who's unclear: The importance of subpoenas is that they compel BOTH people and their documents to appear.

    Lest anyone should doubt just what a hackable tamper-friendly piece of software GEMS is, the install version of GEMS is currently linked at the top right of our home page:

    Install it, boot up any sample database (there are many, just look under Forums - Document Archive - Elections - Florida - Glades County). Go right in the back door using Microsoft Access and you own it.

    Bear in mind that California will go 40-50 percent absentee in the primaries and in November. GEMS is the ONLY record of the vote with absentees. There is no poll tape. Diebold stripped out the poll tape with their absentee counter; used to have it, but decided to remove it. That's one of the many questions that needs to be asked, after subpoenas go out, under oath.

    And documents that need to be subpoenad include the contracts and especially the nondisclosure agreements signed by the voting machine examiners, which forbade them to tell what they found.

    Good luck to all of us.


    •  Oops! Wrong name-- (4.00)
      Hi Bev, you are welcome to use any portion or all of this as you wish, of course-- we all want the same thing.

      Only thing, "Jen" is actually the person who contributes to the UPDATE section of the website and has helped me with the overall editing and formatting of text. She also originally introduced you to the site over at BBV blog I believe.

      This diary and was written by me, inspired by your work, BBV,  and a host of other election activists and Jen and Dorma (another CCNer) offerred tremendous support and help to bring it home.  

      I'll shoot you an email!


  •  Just a question. (none)
    If Diebold, etc. machines get installed, and if these machines are so easily hacked, why can't or don't the Dems set up a counter-hacking program to off-set what the Repubs will, no doubt, be doing? God forbid, though, that we would be doing anything dishonest. Just correcting the vote count. Would be funny if the elections came out with everyone getting zero votes. Maybe then it would be apparent to the blind sheeple how elections get stolen these days.
    •  Re: counterhacking (none)
      Avoid the urge to become that which you fight against.
      •  Respectfully disgree. (none)
        This would be only to insure a fair count and fair election. We've seen how "they" treat exit polls. I'm sure counter-measures could be installed. However, some people might not be able to resist tit for tat - and, considering what's happening to our country, I wouldn't blame them. Frankly, I'm getting tired of "losing" elections to an unethical mob; my cheek can only be turned so far.
        •  Agree 100% (none)
          We need to show what's going on.

          And nothing else will work agains the corporate infrastructure that is stealing our elections.

          The legislative process has failed... big money won out. It's pretty typical in America. We all know how things work...

          I am in full support of liberals hacking the machines if that's what it takes for Americans to wake up.

          Even if it invalidates an election.

          We all know Republicans won't stand for an election they didn't steal. But this issue needs to be made 100% apparent.

          Hackers Unite! Attaaaaack!!!!

          •  To goldendigger: 'Hacking' doesn't work that way (none)
            The best, simplest, and safest way to hack an election is to do pre-work. That means inside access. That also means the insiders would know exactly what is "supposed" to happen and will make sure that does happen.

            There are many, many real-world examples of the insiders pulling back the election results until the wee hours of the night.

            I've been told directly by election officials that before they release anything they eyeball it to make sure it doesn't have some sort of obvious flaw.

            The concept of dialing in to hack and election during election night is possible, but not the best way to do it.

            And remember: In California, 40-50 percent of the election will be absentee, which are counted a week before and a week AFTER Election Day. Those are the most tempting targets for manipulation, and the best position to achieve that is an insider.

            •  Is it feasible/possible to hack into (none)
              a few tabulators in a few precincts in BIG states to show 0 votes cast for either side? This would be one way to wake up a slumbering country to this problem. Just asking.
              •  I see where you're going donjo (none)
                You want to use an actual election to stage an irrefutable hack-- like theatre, in order to garner the attention of all eyes?  Right.

                You don't want to steal an election.

                It's an interesting idea -- as we all know the proof has been out there from the "test" attacks/ hacks already performed.... but it never gets in the spotlight, stays under wraps and on the internet.  Your scenario would force the media (who?) to pay attention and perhaps even the public.... Is that it?


              •  I must not be explaining very well. (none)
                If you do that, it will never be known.

                The election official will pull that info out, re-run things, call it a glitch, and no one will ever hear of your exploits.

                That's just how it is.

                Time to step away from the Internet and venture out to visit elections officials and ask questions about what they do if they see such anomalies.

                They sure as hell don't post them on the internet or tell the news media.

                They call the vendor.

                Got that? They are under no obligation to release defective and incorrect results, and they don't have to report a crime if the vendor can convince them it's an accidental glitch.

                •  I do believe, (none)
                  I asked if it were feasible, and if it were, it would be a cool solution. However, apparently you answered my question. Thanks. It is not, apparently feasible. Only one side is allowed to cheat.
                  •  Aargh, yu'r right matey (none)
                    only one side is allowed to cheat.

                    But like that pesky ring of power (which was evil), truth (which is vituous) has a way of working its way up to daylight no matter how deeply someone tries to bury it.

                    We have truth going for us.

                    Now we need to compel testimony, to get truth and perjury out into the sunlight. It's our best next step.

                    •  Agreed. (none)
                      And thanks,Bev, for your tenacity and bravery in dealing with all this "crap." I'm certainly no expert in all the machinations of voting machines, electronic or just a pencil, but there has to be some way to think outside the box on this potential corruption problem. It's to bad some millionaire dude won't come along and offer a huge reward (and safe haven) to anyone who offers absolute proof that the 2000/04 elections were altered in OH and FL. And as I said, if someone genius computer geek could figure out a way to erase the results in an actual election, that should be proof enough of their vulnerability. (And said geek should be prepared to spend some time in the pokey.) The problem is, if someone tells how it was done, like the guy in FL, Martin? is his name, who was asked to rig the machines down there, the MSM just blows him off as a complete nutcase. Even though he passed a lie detector test. Here's hoping the CA people have some integrity.
        •  Election officials don't have to reveal hacking (none)
          All they have to do is diagnose it as a "glitch" (with the eager cooperation of the vendor, who has a vested interest in not looking like they were hacked).

          The election official quietly does away with the "glitched" data and replaces it with the "corrected" data.

          There is no acceptable rationale for counter-hacking an election.

          Besides, the real risk and problem is, was, and always has been inside access. Whoever gets to the data last wins. And that will always be the insiders.

          •  Agree with Bev (none)
            Thanks for your even-keeled advice -- and for all your superb work on ballot integrity, the single most important issue in terms of priorities in our democracy today. You are to be commended profoundly as are all those on this thread and elsewhere working to preserve clean voting.

            "It's 1776 all over again" -- J.W.P. (after Yogi Berra, in the spirit of Tom Paine)

            by wardlow on Sun Feb 19, 2006 at 08:06:19 PM PST

            [ Parent ]

  •  Just a note (4.00)

    The BBV blast of your excellent version will of course have to be edited to remove candidate endorsements etc., in keeping with our nonpartisan status.

    We generally refer to Senator Bowen with her current title, Chairperson of the Calif. Senate Elections Committe. We cannot and do not endorse candidates, we simply focus on the behavior of public officials. In that context, BBV praised McPherson's strategic (but now aborted) move to send the files back to federal testing labs before certifying. I happen to know where that strategy came from.

    It was from people with their heads in the right place. As Hursti has said to us privately, the undeniable facts of what is in that hackable software is going to force every decision maker to make a career decision. They are choosing which side of the fence to jump to.

    Figuring that politicians, voting system examiners and public officials are jumping to whichever side they believe will help them survive, the side of the fence that McPherson just chose says a lot about what he thinks is necessary for his own career survival.

    Watch the behavior of all voting system examiners, politicians and public officials very carefully from this point forward. The next steps that follow from the Hursti Hack will tell us a great deal about them.

  •  Sorry on the names. (none)
    Ms LA.
  •  *pets his faxing computer* (4.00)
  •  confused (none)
    can you provide some context of how McPherson managed to certify them on one hand, but on the other release a report that provides evidence that this certification is illegal. is something else going on here that I'm not getting or the whole point is that he released this all on a Friday hoping no one would notice. this is truly frightening.

    "When people think, Democrats win." - Bill Clinton

    by Todd Beeton on Sun Feb 19, 2006 at 04:18:46 PM PST

  •  There's Hope! (none)
    So glad to see this here. Please...everyone who cares about and write.

    Thanks for sharing your energy ms in la.

    The American People want their security protected, and they also want a Constitutional government with checks and balances-Wes Clark

    by Donna Z on Sun Feb 19, 2006 at 04:22:16 PM PST

  •  Hope you don't mind... (none)
    But I'm posting the contact information straight from your diary onto my blog.  Props WILL be given.

    Keep up the GREAT WORK everyone.  I'm smiling at the faces of the staff when they come back from their three-day weekend.


  •  Will do, many thanks for... (none)
    putting this together and making it easy for everyone to do. </hint>
  •  This is great (none)
    but where are the rest of the Dems?

    One politician is chasing this thing? Do the professionals give a shit? If not, why not? If not, then all their future vote tallies deserve to be hacked to pieces gopper hackers and tossed in a virtual lime pit. I'm for being active but I'm sick and tired of being called on to carry the weight of whatEVERYDemocrat should be screaming voting and legeslating about.

    As for the much maligned Bev Harris, she's been on this since 2002 or earlier and she is great. But it's pathetic when the majority of the robbed (democrats) act like they don't do shit.

    What would you attempt to do if you knew you could not fail? unknown

    by moon in the house of moe on Sun Feb 19, 2006 at 06:40:13 PM PST

    •  I read an article/interview (none)
      the other day at AlterNet that gave the best explanation I've heard (read) of why Dems refuse to speak out about election fraud. Makes sense, since we know they know. I mean we saw Howard Dean personally hack into a tabulator on National television with Bev Harris. They know. The thing is, we need to let them know we know they know.

      Rewriting Our Rotten History of Elections

  •  re-post this diary Monday morning (none)
    First, thanks for this diary ms in la.  You are 100% right that

    Everything is at stake.  

    Second, I haven't taken the actions that you call for.  I only read this diary 10 minutes ago and plan on taking action in the morning... and I bet a lot of people will also be inspired to place calls 1st thing Monday morning.  

    So, if this falls off the rec list, I really really hope that you will find some way to get it back in front of everyone's eyes.  I'll do my part by recommending and I hope others will too.  

    I know reposting is a no-no. But personally I think this is an exceptional case.

  •  Thanks, ms in la (none)
    . . . for putting up this action alert diary on such a crucial issue.

    If you repost diary or do future alerts, might be a benefit to include a sample letter similar to the one posted in a comment mid-thread that we can  revise in our own words. While you gave lots of information, it was in various different spots and had to be pulled together into a brief, effective, coherent letter. That's fine, we don't expect to be spoon-fed, but a well-focused sample letter would frame things to help us organize the complex information you have provided.

    Not a criticism just a suggestion to enhance effectiveness of your excellent alerts.

    "It's 1776 all over again" -- J.W.P. (after Yogi Berra, in the spirit of Tom Paine)

    by wardlow on Sun Feb 19, 2006 at 08:34:39 PM PST

    •  You're right (none)
      I was in such a hurry to get this up this morning so it would have the day to circulate that I just wanted the key info and numbers ready.

      Not sure I'll be able to do anything tomorrow on this so if anyone else wishes to bring it forward and continue the call.... feel free to pull from this diary if you like and add anything else.

      Time to sleep now!

  •  If these go state wide, (none)
    I hope to accidently spill my soda on the machine,but it's not likely,I usualy sleep late so I doubt any machines left undammaged by the time I wake up.

    "Just when they think they know the answer, I change the question!" -Roddy Piper

    by McGirk SF on Sun Feb 19, 2006 at 10:39:13 PM PST

  •  I just wrote. (none)
    here is my letter:
    I couldn't believe my eyes today when I saw SoS McPherson's press release on friday (taking out the trash day). Perhaps you saw it as well?

    I am petitioning you, the rules committee to support subpoenas of election industry and certification insiders immediately.

    This situation is dire, and the "public hearings" on the matter have been a joke, I am reminded of Douglas Adams quote from the Hitchiker's guide to the Galaxy:

    "Whatever information your looking for you can find it by following these simple direction. You just have to go down to the basement, the one without stairs, with a torch. It's in the bottom of a locked cabinet stuck in a disused bathroom with a sign on the door saying Beware of Leopard."

    Is there some political kickback going on? Why on earth is this happening??

    These machines not only do not work, they have been proven time and time again to be fraudulent.
    Look at this PDF:
    Anything with OS is where one of these unsecure machines are, this is cause for concern.

    Especially on this day when we celebrate the lives of our presidents and our Democracy itself.

    I very eagerly await your response on this matter.

    -My info

    reposted on my blog

    And i'm spreading the word far and wide.
    This is especially frustrating for those of us that have been fighting for VV since the beginning.


    Electronic miscounts of votes are a fact, not a theory, so let's fix it!

    by Neutron on Mon Feb 20, 2006 at 12:18:12 PM PST

    •  Nice letter Neutron! (none)
      I especially love the tie in to President's Day!
      Brilliant....I hope everyone makes note of that and uses it.

      One thing I think we can sometimes use effectively to motivate our so-called representatives... is the threat of their LEGACY.

      Many have a decent-sized ego and even normal human vanity takes it into consideration, especially at political levels. How are you going to be remembered by history?  Which team were you on?

      They can see on the horizon that "the ship" is lilting and starting to go down-- I'm sure they won't want their offspring to look back with shame on them.  Will they be at the helm, or will they be bailing out the survivors and mannings the lifeboats? It's a distinction that would hit home with some... Just musing on this President's Day!

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