by Bob Fitrakis
July 19, 2011

A new filing in the King Lincoln Bronzeville v. Blackwell case includes a copy of the Ohio Secretary of State election production system configuration that was in use in Ohio’s 2004 presidential election when there was a sudden and unexpected shift in votes for George W. Bush.

The filing also includes the revealing deposition of the late Michael Connell. Connell served as the IT guru for the Bush family and Karl Rove. Connell ran the private IT firm GovTech that created the controversial system that transferred Ohio’s vote count late on election night 2004 to a partisan Republican server site in Chattanooga, Tennessee owned by SmarTech. That is when the vote shift happened, not predicted by the exit polls, that led to Bush’s unexpected victory. Connell died a month and a half after giving this deposition in a suspicious small plane crash.

Additionally, the filing contains the contract signed between then-Ohio Secretary of State J. Kenneth Blackwell and Connell’s company, GovTech Solutions. Also included that contract a graphic architectural map of the Secretary of State’s election night server layout system.

Prior to the filing, Cliff Arnebeck, lead attorney in the King Lincoln case, exchanged emails with IT security expert Stephen Spoonamore. Arnebeck asked Spoonamore whether or not SmarTech had the capability to “input data” and thus alter the results of Ohio’s 2004 election. Spoonamore responded: “Yes. They would have had data input capacities. The system might have been set up to log which source generated the data but probably did not.”

Spoonamore explained that “they [SmarTech] have full access and could change things when and if they want.”

Arnebeck specifically asked “Could this be done using whatever bypass techniques Connell developed for the web hosting function.” Spoonamore replied “Yes.”

Spoonamore concluded from the architectural maps of the Ohio 2004 election reporting system that, “SmarTech was a man in the middle. In my opinion they were not designed as a mirror, they were designed specifically to be a man in the middle.”

A “man in the middle” is a deliberate computer hacking setup, which allows a third party to sit in between computer transmissions and illegally alter the data. A mirror site, by contrast, is designed as a backup site in case the main computer configuration fails.

Spoonamore claims that he confronted then-Secretary of State Blackwell at a secretary of state IT conference in Boston where he was giving a seminar in data security. “Blackwell freaked and refused to speak to me when I confronted him about it long before I met you,” he wrote to Arnebeck.

Read the email correspondence here [pdf]

On December 14, 2007, then-Secretary of State Jennifer Brunner, who replaced Blackwell, released her evaluation and validation of election-related equipment, standards and testing (Everest study) which found that touchscreen voting machines were vulnerable to hacking with relative ease.

Until now, the architectural maps and contracts from the Ohio 2004 election were never made public, which may indicate that the entire system was designed for fraud. In a previous sworn affidavit to the court, Spoonamore declared: “The SmarTech system was set up precisely as a King Pin computer used in criminal acts against banking or credit card processes and had the needed level of access to both county tabulators and Secretary of State computers to allow whoever was running SmarTech computers to decide the output of the county tabulators under its control.”

Spoonamore also swore that “…the architecture further confirms how this election was stolen. The computer system and SmarTech had the correct placement, connectivity, and computer experts necessary to change the election in any manner desired by the controllers of the SmarTech computers.”

Project Censored named the outsourcing of Ohio’s 2004 election votes to SmarTech in Chattanooga, Tennessee to a company owned by Republican partisans as one of the most censored stories in the world.

In the Connell deposition, plaintiffs’ attorneys questioned Connell regarding gwb43, a website that was live on election night operating out of the White House and tied directly into SmarTech’s server stacks in Chattanooga, Tennessee which contained Ohio’s 2004 presidential election results.

The transfer of the vote count to SmarTech in Chattanooga, Tennessee remains a mystery. This would have only happened if there was a complete failure of the Ohio computer election system. Connell swore under oath that, “To the best of my knowledge, it was not a fail-over case scenario – or it was not a failover situation.”

Bob Magnan, a state IT specialist for the secretary of state during the 2004 election, agreed that there was no failover scenario. Magnan said he was unexpectedly sent home at 9 p.m. on election night and private contractors ran the system for Blackwell.

The architectural maps, contracts, and Spoonamore emails, along with the history of Connell’s partisan activities, shed new light on how easy it was to hack the 2004 Ohio presidential election.

Download the Plaintiffs’ Brief here [zip]


Bob Fitrakis is co-counsel in the King Lincoln case.

By Richard James
July 19, 2011

Another progressive coalition is seeking to repeal a new reactionary Republican election law in Ohio

The unions are once again the backbone of a campaign joined by various voting rights advocates to repeal Ohio House Bill 194, signed into law on July 5, 2011. The repeal coalition calls itself “Fair Election Ohio” and submitted the required 1000 signatures necessary for starting the repeal process on July 18.

Under Ohio law, approximately 232,000 valid voter signatures are needed to put a repeal issue on the ballot. A similar coalition gathered more than 800,000 valid signatures to repeal Ohio’s anti-union Senate Bill 5. The Fair Election Ohio coalition is awaiting certification of its petition language by the current secretary of state. If certified, it has until September 30, 2011 to gather the additional 231,000 signatures to put the repeal on the ballot in 2012. Valid signatures by September 30 will put the law on hold until after the 2012 presidential election, according to the Columbus Dispatch.

Former Ohio Secretary of State Jennifer Brunner is spearheading the drive. She argues that HB 194 “makes it harder to vote” and even when you vote, she insists it makes it “harder to have your vote counted.”

The petition targets the most egregious provisions of the law, among them:

• A provision of the bill requires that cities must have precincts with a minimum of 500 registered voters. This provision does not apply to rural areas.

• Pollworkers are prohibited from telling voters if they are in the wrong precinct.

• The bill includes a new definition of the term “corporations” in regards to political contributions. Brunner argues that the bill will weaken regulations requiring corporations to report donations in Ohio.

• The bill has several “gotcha” provisions that will allow Republicans to toss out provisional ballots that have minor problems. Provisional ballots are overwhelmingly cast in Ohio’s urban centers by poor and minority voters.

• The bill also contains measures aimed at eliminating Ohio’s minor parties.

In 2006, the Libertarian Party of Ohio won a lawsuit against then-Ohio Secretary of State J. Kenneth Blackwell about the difficulties of minor parties getting on the ballot in Ohio. The new law sets the deadline to file candidate petitions for minor parties in early February. The U.S. Supreme Court had previously declared that early deadline for third parties in Ohio as “unreasonably early.”

Minor parties are awaiting the ruling by current Ohio Secretary of State John Husted on whether the existing third parties – Constitution, Green, Libertarian and Socialist – will be placed on the 2012 ballot or removed. In a similar situation in both 1970 and 1972, then Ohio Secretary of State Ted Brown grandfathered the existing minor parties onto the ballot.

State rep Ann Gonzales wrote that she “wholeheartedly supports this bill.” She alleges “The reforms will streamline the election experience, address incidences of fraud, and increases the use of technology in elections” Ironically, there was only one incident of voter fraud officially reported in recent Ohio elections, however there are have been numerous allegations of election fraud through the use of private proprietary election hardware and software.

A recent King Lincoln vs. Blackwell filing concerning the 2004 Ohio presidential election outlines shocking factual allegations about Ohio’s outsourcing of its vote count in 2004 to a private company, SmartTech, in Chattanooga, Tennessee.

As Brunner points out, the new law would allow election officials to use voters’ Social Security number to purge voters from the voting rolls. Under the bill, state election officials, or the private vendors they contract with, are authorized to take driver’s license or state ID information and the last four digits of Social Security numbers and compare it to other private information databases and other private or government databases. If there are discrepancies in the data, voters may be purged from the voting rolls, even if it’s clear that more current information is correct.

One positive aspect of the bill is that it does allow voters to change their registration online.

In a victory for voting rights activists, the bill failed to include the draconian restrictions favored by the vast majority of the Republican Party. The intervention of Republican Secretary of State Husted aided in killing the most restrictive photo ID proposal in the nation.

In the aftermath of SB5, a key provision in the law limits the time allowed to gather signatures for statewide petition drives, like the one against HB 194.

For more information and to get involved in the fight against HB 194, contact ProgressOhio, 172 E. State St., Columbus, OH 43215, 614-441-0144, info@progressohio.org.

by Bob Fitrakis and Harvey Wasserman
July 4, 2011

The Ohio Republican Party is poised to steal the 2012 vote in Ohio. Unlike 2004, this time it will be legal. The vote could come Tuesday, July 5, in the Ohio legislature.

The Bill is House Bill 194, which targets the core of Ohio’s Democratic voters. Given the closely divided swing nature of the Ohio electorate, it is likely to disenfranchise more than enough young, elderly, low income, working class and people of color to guarantee a permanent Republican majority in the Buckeye State.

Under the direction of GOP Governor John Kasich—himself the beneficiary of a dubious vote count in 2010—the Ohio Republicans are clearly determined to make it as difficult as possible for traditional Democrats to register, vote or get their votes counted in future elections.

Since 2000, the Republicans have eliminated more than a 1.5 million voters from the Buckeye state voter rolls. The purges have been centered on urban voters. Moreover, in 2004 hundreds of thousands of additional Ohio voters were disenfranchised by orchestrated bottlenecks at polling places that forced people to wait seven hours and more in line. The lines were most evident in the heavily Democratic urban areas of Cincinnati, Columbus and Cleveland.

But in 2008, because the Democrats controlled the legislature and state house, voters were allowed to cast their ballots up to 35 days before election day. The lines disappeared. Polling places were voter-friendly, with election workers giving voters clear directions on how to proceed.

Now the GOP is intent on ending all that. Ohio HB 194 slashes the timeframe for early in-person voting from 35 days to 16. The new law also prohibits Ohio’s 88 counties from mailing absentee ballots to all voters, or to pay the return postage. (In 2004, thousands of absentee ballots never made it to the county boards of elections because they had a pre-printed space for one stamp when they actually required two, and most voters only put on one stamp).

The HB 194 law also prohibits local board of elections officials from designing systems that best meet the needs of their community. For example, it forbids the county boards of elections from setting up off-site early voting locations. Banning voter-friendly practices such as pre-paid postage for absentee ballots and convenient places for citizens to vote, the law mandates practices design to lower turnouts as much as possible.

In perhaps the Bill’s most shocking provision, pollworkers are prohibited from helping voters find the right precinct line at the polling site. They are actually barred from answering questions or providing directions to voters.

In the 2004 election, then-Secretary of State Ken Blackwell, the co-chair of the Bush-Cheney campaign in Ohio, directed that any voter in the right polling place but in the wrong precinct, could not have his or her vote counted. Prior to Blackwell, Ohioans would have had all of their votes counted in that case, except for the rare precinct-level vote which would usually be about alcohol sales.

Now the American Civil Liberties Union (ACLU) of Ohio has written the legislature to ask: “Why else would we expend scarce taxpayer dollars on training and paying pollworkers? Ohio should not pass legislation that tells pollworkers not to do their job.”

HB 194 also overrides an the existing law—passed after the 2004 debacle—that required pollworkers to direct voters to the correct precinct. As the ACLU puts it: “Pollworkers will not be allowed to direct voters to the correct precinct or help them fill out forms correctly, both of which are required for a ballot to be counted. This will lead to more ballots that are not counted, and likely more lawsuits.”

The ACLU adds that HB 194 “…shifts responsibility for fair elections off of taxpayer-paid election officials whose job it is to administer elections, and on to the voters, who have a constitutional right to vote.”

The intent of Governor Kasich and the Republican-dominated legislature in Ohio is clear. Whatever minor detail they can find will be used to prevent Ohioans from voting. As the ACLU puts it, voters are “guilty until proven innocent, by assuming that all errors are voters’ errors.”

In a separate bill—House Bill 159 (see Free Press Article) the Republicans will disenfranchise an estimated 900,000 Ohio voters, primarily Democrats, by requiring a photo ID to vote. Under the bill, an Ohio voter must produce either an Ohio driver’s license, or an Ohio state ID card, military ID, or U.S. passport. IDs with photos and address provided by Ohio colleges or universities are prohibited as well as any ID provided by a county board of elections.

In a courageous move, Republican Secretary of State John Husted has come out against HB 159. In a speech to the League of Women Voters of Ohio, Husted said “I believe if you have a government-issued check, a utility bill in your name with your address on it, that no one made that up, they didn’t call AEP and establish utilities in their name to commit voter fraud. Let’s be clear about this. There are some other forms that are legitimate.”

The League of Women Voters, the American Association of Retired People of Ohio (AARP), Project Vote, and the ACLU all join Husted in opposing House Bill 159. But its passage seems all but assured.

And taken in tandem with HB 194 and the rest of the GOP assault on the ability of working Ohioans to vote, the day when Democrats had any chance of carrying any or all of swing state Ohio may be long gone.

__________________

Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection, including HOW THE GOP STOLE AMERICA’S 2004 ELECTION, published by www.freepress.org, where Bob’s FITRAKIS FILES also appear. HARVEY WASSERMAN’S HISTORY OF THE US is at www.harveywasserman.com

Bob’s guest this week: Barbara With PODCAST
Listen and call in this Wednesday
June 22 from 7 – 8 PM.

This May, Barbara With participated in the recount of the Wisconsin Supreme Court election and, with other observers, uncovered unprecedented evidence of election fraud that was ignored as the Republican candidate David Prosser was waved through the winner. She is now on a campaign to protect the recall election votes. Barbara With is an International peace activist, an award-winning author and composer, living in La Pointe, Wisconsin and Corpus Christi, Texas.

Here’s how to call in to the LIVE INTERNET radio show:
(on your computer – not on your broadcast radio dial)
On Wednesday nights at 7:00 pm
Go to: http://talktainmentradio.com
Click on “Listen Live
Bob’s program “Fight Back!” will be on
Call 877-932-9766
The podcast will be here sometime after the show.

Bob’s guest this week: Mark Crispin Miller
Listen and call in this Wednesday, June 8 from 7 – 8 PM.

Mark Crispin Miller is professor of media studies at New York University, and the author of the book: Fooled Again, How the Right Stole the 2004 Elections. He is known for his writing on American media and for his activism on behalf of democratic media reform. His books include Boxed In: The Culture of TV, Seeing Through Movies, and Mad Scientists, a study of war propaganda. He graduated from Northwestern University with a BA in 1971, Johns Hopkins University with an MA in 1973, and a Ph.D. in 1977.

Here’s how to call in to the LIVE INTERNET radio show:
(not on your broadcast radio dial – on your computer)
On Wednesday nights at 7:00 pm
Go to: http://talktainmentradio.com
Click on “Listen Live
Bob’s program “Fight Back!” will be on
Call 877-932-9766

Listen live and call-in to “Fight Back with Dr. Bob Fitrakis”
Wednesday night
May 25, 7-8:00PM EDT

Bob’s guest is investigative reporter Greg Palast
Greg Palast is a best-sellling author, BBC reporter, filmmaker and his reports on the theft of election 2004, the spike of the FBI investigations of the bin Ladens before September 11, the secret State Department documents planning the seizure of Iraq’s oil fields have won him a record six “Project Censored” for reporting the news American media doesn’t want you to hear.

Here’s how to call in to Bob Fitrakis’ new talk radio show:
Go to: http://talktainmentradio.com
Click on “Listen Live”
Bob’s program “Fight Back!” will be on
Call 877-932-9766

A talk on the current Ohio legislation to suppress the Vote in Ohio.
Recorded May 13, 2011
ACLU Forum May 24, Tuesday at Delaware County Library
7:00 PM
Hilliard

Mom with cancer loses kids in North Carolina.

Sign Repealing SB5 Saturday
Ohio Student Organization Network
Batavia 10am-12 pm, at the Court House Saturday.
Eaton, Ohio Saturday 12-2pm @ Taffeys
Whetstone Library Columbus 11-2pm
MLK Library 11 am 2 pm 1600 E. Long St.

Clintonville Farmers Market 9am till noon N. High between Orchard Ln. and W. Dunedan
Hilliard Branch Library 11am-2pm 4772 Cemetary Rd. Hilliard, Ohio
South High Branch Library, 3540 S. High 11am-2pm
Southeast Branch Library 3980 S. Hamilton Rd 11am-2 pm
Gahanna Branch Library
Karl Road Library 5590 Karl Rd 11am-2pm
Pomeroy, Ohio Gazeebo River Parking Lot on Main St.9am-4pm
Akron at the Cuyahoga Falls FOP Lodge 9am-1pm

WORLD Naked Bike Ride June 11, 11:59 PM
Starts 174 E. 5th ave.
Safe Space

Fracking: Ohio Sierra Club, Tuesday May 17, 10am-4pm Declaring Ohio a Frack Free Zone

Dennis Kucinich targeted by redistricting.

Bob Fitrakis and Connie Gadell-Newton discuss a Senate Bill that requires voters to show a government-issued photo ID at the polls, Libya, Ohio Senate Bill 5, Voter Suppression

Talktainment Radio Show recorded March 30, 2011
Bob and Harvey discuss Japan, Ohio SB5 (collective bargaining) and HB159 (Jim Crow Photo ID)

http://www.talktainmentradio.com/Fight-Back/9504490?date=2011_04

The corporatization of the American vote and the secrecy of counting and non-accountibility.

http://www.facebook.com/video/video.php?v=10150118921931987