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Bob Fitrakis and Cliff Arnebeck Discuss Election Integrity Via Chuck Todd, NBC, U.S. Election Integrity

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Election protection, electronic voting & the future of America democracy

by Bob Fitrakis & Harvey Wasserman
January 23, 2013

The re-election of Barack Obama was made possible in part by the triumph of a new social movement—a great grassroots upheaval aimed at election protection and meaningful universal suffrage, that must include a transparent and reliable vote count.

The Republican Party’s concerted effort to steal the presidency again failed in 2012, but only because of major breakthroughs that have been forcing their way into the mainstream since Florida 2000 and Ohio 2004.

Throughout these past dozen years, the GOP “suppress and shift” election theft strategy has focused on two main tactics:massive disenfranchisement of citizens (mostly non-white, poor and young) suspected of voting Democratic; and the manipulation of electronic voting machines and tabulating devices with software capable of flipping thousands of votes with a few late night keystrokes.

This year the Republicans’ blatant, barely concealed disenfranchisement efforts evoked a major national outcry, and a significant backlash that carried all the way to the op ed page of the New York Times. Because activists have focused on the issue since Florida 2000, there was in place a fast-growing awareness that millions of legitimate voters were being stripped from the registration rolls, especially in key swing states.

Less widely accepted has been the vulnerability of electronic voting machines. Manipulated tallies were used in Volusia County, Florida in 2000, and throughout Ohio in 2004 to elect and re-elect George W. Bush. In 2008 and 2012, Obama’s popular vote margins were sufficient to overwhelm the potential theft in key swing states. But the possibilities of electronic vote theft are stronger than ever. In the long run, if the US is to ever have a meaningful democracy, electronic voting and tabulating machines must be eliminated in favor of universal hand counted paper ballots.


Preventing unwanted voters from casting their ballots in key elections is a long-standing national tradition. It dates back at least to the Jim Crow days in the post-Civil War south, when the Democratic party and its terrorist wing, the Ku Klux Klan, systematically prevented African-Americans from voting in the eleven states of the former Confederacy , and elsewhere.

In Florida 2000 the Republicans used an old Jim Crow law disenfranchising former felons as a pretext for stripping the voter rolls of at least 90,000 voters. Most were African-American and Hispanic, and the vast majority weren’t ex-felons at all, but people with same or similar names or the same date of birth to other citizens who may or may not have been ex-felons, and may or may not have been residents of Florida.

In Ohio 2004, more than 300,000 voters were stripped from registration rolls in heavily Democratic urban areas throughout state. In the city of Cleveland, nearly 25% of all voters were eliminated from the voting rolls. Also, Republican Secretary of State J. Kenneth Blackwell deployed a wide range of deceptive tactics aimed at misleading voters and suppressing turnout. Democratic areas were shortchanged on voting machines and denied paper ballots. Tens of thousands of voters were forced to use provisional ballots which were then discarded.

Federal Judge Algernon Marbley in the King-Lincoln-Bronzeville suit, in which we are attorney and plaintiff, ordered Ohio’s 88 county election boards to preserve their voter records for a statewide recount. But 56 of the counties illegally destroyed all or some of their election records. No prosecutions have resulted and no recount has ever been done.

After losing in 2008, even after purging 1.2 million voters from the rolls, the Republicans came into 2012 with a massively escalated campaign to suppress the vote. The 2012 purge of the registration rolls in Ohio topped 1.1 million voters. Led by Indiana and Georgia, GOP-controlled legislatures began passing laws demanding state-issued photo identification cards. New York University’s Brennan Center estimated such laws could disenfranchise more than ten million voters.

Republican secretaries of state, especially in Ohio and Florida, worked hard to trim early voting opportunities for suspected Democrats. Once again inner city polling places were plagued with long lines and extended waits. But the worst happened during early voting in cities like Cincinnati and Cleveland, where Ohioans—mostly African-Americans—waited up to five hours to vote. Ohio Secretary of State Jon Husted revived many of the tactics used by Blackwell, which were also adopted by GOP operatives in other states. Among other things, Husted would only allow one early voting center in the major urban areas, predictably creating long lines.

Tens of thousands of voters were also forced to vote with provisional ballots. A disproportionate number were African-American. Many were tripped up by detailed demands imposed by Husted apparently designed to nullify as many votes as possible.

But this year the activist community was prepared. Heavily challenged in court, the photo ID laws were largely overturned. As in 2008, thousands of volunteers worked in key states to make sure people came out to the polls and to protect their rights once they did. Angered by the GOP tactics, thousands of nearly disenfranchised voters made a point of waiting through hours of contrived delays to cast their ballots. Many were still standing in line to vote even as Barack Obama was proclaiming victory.

The Obama campaign and various voting rights groups challenged Husted in court over early voting hours, provisional ballot directives, and voter ID rules.

Overall, the response of the election protection movement was powerful and effective. Obama’s re-election was essentially secured by a movement that prevented the Republicans from disenfranchising enough voters to guarantee their victory.


But no turnout for Barack Obama or any other candidate could have withstood a full-scale electronic vote shift. Unlike the widely accepted understanding that massive disenfranchisement can swing an election, assertions focussing on electronic vote theft continue to arouse divisive passion.

Yet there remains a simple bottom line: there is absolutely no secure means of monitoring, confirming, recounting or legally challenging a vote count that has been registered and tabulated electronically. In reality, our entire electoral system is sitting duck, and is far more vulnerable to electronic manipulation that it was in 2000.

Back then, at a critical moment on election night, 16,000 electronic votes from Volusia County, Florida, were deleted from Al Gore and 4,000 added to George W. Bush. Though the count was later reversed, Fox News commentator John Ellis—Bush’s first cousin—used the shift to reverse pronouncements that Gore had won the election.

In Ohio 2004, which would decide the presidency, CNN reported shortly after 11pm that John Kerry had defeated Bush by more than 200,000 votes. But at 11:14 pm the electronic tally was shifted to a computer bank in SChattanooga, Tennessee. Soon thereafter the lead definitively shifted to Bush, who officially won the state–and thus the presidency—by some 118,000 votes. The exit polls clearly showed Kerry winning.

Secretary of State Blackwell’s no-bid contract for the Ohio 2004 electronic vote count had been awarded to the Akron-based GovTech Corporation. Its founder, Michael Connell, was a long-standing associate of the Bush Family. Connell ran the GOP’s lead IT company, New Media. New Media processed Ohio’s votes through a server farm in Chattanooga, which also housed the email of the Republican National Committee, and of Karl Rove. The owner of the server farm was born-again political activist Jeff Averbeck of Smartech.

On November 3, 2008, Connell was deposed in Cleveland by attorneys Fitrakis and Cliff Arnebeck as part of the King-Lincoln federal lawsuit. Questioning focused on his possible role in electronically flipping the 2004 Ohio vote count. On December 19, while facing a follow-up deposition, Connell died in a mysterious private plane crash.

By then it had become clear that no recount of the Ohio 2004 election would be possible. Judge Marbley had issued a decision requiring that all 88 county election boards preserve all balloting records from Ohio 2004. But when Secretary of State Jennifer Brunner went to collect them, she discovered that 56 of the 88 counties had violated Marbley’s ruling. Accompanied by a series of widely varying excuses, the boards of election had made it impossible to track the true presidential vote count in the deciding state in one of America’s most bitterly contested elections.

In 2012, the GOP was prepared to repeat history. For a decade the Help America Vote Act had been spreading electronic voting machines throughout the US. More than half the nation’s votes were cast and/or counted this year on electronic devices. Yet the courts have ruled that the software on these machines is proprietary, meaning the public has no access to how they are coded, or how the votes are counted.

In Ohio, nearly all 2012 votes were cast and counted electronically. The Free Press reported that in Cincinnati, the notoriously insecure and unreliable Hart InterCivic voting machines were deployed by a company, HIG Capital, controlled by major Romney campaign associates who are investment partners with Romney family members.

The widespread belief that Ohio could decide the presidential outcome helped make that FreePress story go viral.

Just prior to election day, documents leaked to the Free Press from the Ohio Secretary of State’s office confirmed that an uncertified and untested software patch had been appended to ES&S machines on which 80% of the state’s votes would be cast and transmitted. The software had no safeguards to prevent an inside party from altering the vote count.

Further Free Press research uncovered the operations of Scytyl, a Spanish-owned company hired by a number of states to manage the overseas electronic vote count. But Scytyl’s software was also capable of manipulating the vote count in entire states, again without meaningful public access or recourse.

As Election Day approached, Democrats complained that touch screen machines had them pushing the button for Barack Obama while seeing Mitt Romney light up. In Colorado, Republicans claimed they were pushing Mitt Romney’s name while Barack Obama lit up. The complaints resembled those in Youngstown, Ohio 2004, where voters complained they were attempting to vote for John Kerry while George W. Bush’s name lit up. Mahoning County election officials in Youngstown, Ohio explained that the vote flipping was “only” happening on 31 machines.

This year, amidst saturation election night coverage, Karl Rove urged Fox reporters to refrain from calling Ohio for Barack Obama. Rove’s confused, angry outburst mentioned crashing websites run by the Ohio Secretary of State, and seemed to mirror the fateful Foxist backtracking of Bush cousin John Ellis in Florida 2000.

As in 2008, Barack Obama’s wide margin put the 2012 election out of reach of electronic vote theft. He could have lost Florida, Ohio and Virginia and still won in the Electoral College.

But the outcome in a close election might well have been different. Both Ohio and Florida were vulnerable to electronic flipping by the Republican governors and secretaries of state that controlled the electoral apparatus in both states. In a close election, they could easily have put Mitt Romney in the White House.

The electorate and much of the media reacted this year with great anger to the GOP’s national disenfranchisement campaign. Many people who came out to vote and stayed in long lines voiced angry defiance of the Republican attempt to deny them the right to do so.

But the reaction to the possibility of electronic vote theft has been muted and even hostile. The official lie propagated by the Democratic Party and their apologists is that there has not been a single case of vote tampering. In fact there have been hundreds of such cases (once case in point comes in a 17-page Free Press report (at freepress.org) documenting phantom electronic votes in Miami County, Ohio). Some Democrats worried openly that talk of the possibility of electronic vote theft might discourage people from voting at all.

Clearly this didn’t happen in 2008 or 2012. But it’s also clear that the vulnerability of electronic voting continues to put our democracy at profound risk. Until it is done away with altogether, and replaced with universal hand-counted paper balloting, the sanctity and reliability of our vote counts is moot.

The grassroots election protection movement that has arisen to deal with these issues has attained significant nationwide status. Given its popular momentum and gravity of the cause, it seems destined to take a place among the great political campaigns of our time.

It has already won some tangible victories. US Attorney-General Eric Holder has now endorsed automatic universal voter registration. The palpable anger over GOP attempts at mass disenfranchisement will not soon be forgotten. There is much new talk—nowhere near powerful enough—about abolishing the Electoral College. And the potential for electronic vote theft is at least being discussed as never before. Hard hitting reports by Forbes.com among others was accurate and admirable throughout the 2012 election cycle.

But there are also disturbing developments on the horizon. The courts continue to rule that software on electronic voting machines is proprietary, and thus beyond the control of scrutiny of the public. Thus we are still prey to having our public elections controlled by private corporations.

And in response to another round of long lines and voter disenfranchisement, there is talk of “convenience voting” by internet and cellphone. These are terrible ideas, as they can never be secured and are even more vulnerable to hacking than the touchscreen machines now in place.

So the public has no access, no guarantees, no recourse. The veracity of our electoral vote counts remain a blind item. Though Barack Obama won this election, other down-ticket races—past, present and future—may well have been manipulated.

For example, California’s bitterly contested referendum on GMO food labeling is still being subjected to a detailed recount. Mathematicians and social scientists are now reporting unexplained patterns of vote shifting that appear to be based on the size of precincts. The larger the precinct, the more the vote differs from the predicted norm.

Over the coming years, this new grassroots election protection movement will battle it out over the life-and-death issue of the integrity of our voting process. Banning money from politics, abolishing the Electoral College, automatic universal voter registration, universal hand-counted paper ballots, easier access to voting, the removal of partisan private for-profit companies and more will be at its core.

But even at this young age, the movement has played a critical role in electing and re-electing a president, and in preserving the integrity of countless elections, with an eye toward a vastly reformed system.

Germany, Switzerland, Sweden, Japan and Canada all use universal hand-counted paper ballots. Ireland has just pitched its electronic machines to do the same.

That and a few other key democratic reforms would be a dream come true for this new movement. As election protection activists, we will be proud to watch that happen here in the United States as well.


Bob Fitrakis & Harvey Wasserman have co-authored five books on election protection.

original article posted here:

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SWING STATE: How the Fix was Nixed in Ohio

Please support this documentary project at whatever level you can afford at http://www.indiegogo.com/swingstate
Trailer for an Indiegogo project – a documentary on the inside story of how investigative reporting, the Green Party, the Election Protection movement, pre-emptive litigating and just plain angry voters saved the Dems from Karl Rove in a key 2012 battleground state.

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Dear Free Press Supporter

Dear Free Press supporter:

I am extremely proud of our pre-election activism. Andrew Kreig at Justice Integrity Project (Did Expert Witness, Activists Thwart a Rove Ohio Vote Plot?) speculates that we (freepress.org) may have prevented another stolen election. Art Levin at Huffington Post agrees as does Brad Friedman at Bradblog.

We need your support! The Free Press went into the red in this effort. We do not send emails asking for money before we get started, instead we get to work and ask for help later :). As a result, we need to ask our friends and supporters to contribute what you can to support what has already been done.

If you saw the Karl Rove meltdown on Fox News on election night, you might have been unaware that the Secretary of State AND the Cuyahoga County websites went off-line at approximately the same time as Rove’s meltdown. Deja Vu, election night 2004.

What we sometimes refer to derisively as “establishment” media validated our reporting efforts.

Forbes : The Technological Foundations Of Today’s Election Are Shaky, Especially In Ohio

Forbes: Dear President Obama, Glad You Won, But Can We Fix The Voting Machines Before 2016?

Associated Press: Judge rejects lawsuit’s Ohio voting software claim

Business Insider: Here’s The Truth About The Story About The Romneys Investing In The Company That Makes The Voting Machines

Fox News local Channel 19 in Cincinnati.

Computerworld: Update: Lawsuit filed in Ohio over software updates to vote tabulation machines

Christian Science Monitor: US judge allows Ohio voting software, alleged to be vulnerable to fraud

Fight Back (Bob’s radio show), interview with Cliff, Gerry and Harvey. (Podcast)

We did not plan it this way, but our reporting turned into a three pronged effort.
• First, we reported on Scytl, and again here. Banking Insider called this the “true” October Surprise.
• Secondly, we reported on ownership of voting machine companies, particularly Romney family and business associates of Hart Inner Civic. Vote counting company tied to Romney
• Former National Security Agency data analyst and election software critic Michael Duniho (37 years, retired) testified in the lawsuit brought by Attorney Bob Fitrakis and Cliff Arnebeck. Duniho’s expertise is beyond reproach and his testimony was powerful.
• Finally we reported on the illegal software patch that was applied (as experimental). We filed a lawsuit in both State and Federal courts in an effort to have this patch removed. The Free Press confirms installation, secret justification of uncertified last minute election tabulation reporting software in Ohio The contract was leaked to the Free Press. If the Free Press did not exist, to whom would this person leak the contract? Who else could be trusted to report it?
We at the Free Press…Bob Fitrakis, Cliff Arnebeck, Harvey Wasserman, Gerry Bello, Suzanne Patzer, myself, the Board of Directors, and many others…agree with Andrew Kreig. We believe we prevented another stolen Presidential election. But we may never know for sure. In any case, we could not have mounted a more vigorous defense of voting rights and democracy. We need your support so that we remain as THE most important and most effective defender of election integrity.

Please contribute to the Free Press here — https://freepress.org/store.php
or simply send a check to Columbus Institute of Contemporary Journalism (CICJ) at 1021 E Broad St, Columbus, Ohio 43205. You contribution is tax deductible.

Thank you,
Pete Johnson
CICJ Board President

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Fight Back with Dr. Bob Fitrakis Nov. 7, 2012 Stealing Votes


Fight Back – Episode: 11/07/12 Stealing Votes

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Come to the Free Press Second Saturday Salon

Saturday, November 10, 2012, 6:30pm – midnight
Enjoy food, drink, music, art, good friends and acquaintances for socializing, networking, and just relaxing and having fun. Join us for post-election analysis and social justice planning session.
1021 E. Broad St., east side door, parking in rear.


Another Husted Dirty Trick In Ohio: Secretary of State’s Office admits direct reporting function of untested election software

by Gerry Bello and Bob Fitrakis
November 5, 2012

Citizen concerns about untested software have multiplied since the Columbus Free Press broke the news that Ohio Secretary of State Jon Husted’s office installed uncertified and untested software on the central vote tabulation machines in up to 39 counties in the state.

Memos circulated amongst senior staff at the Ohio Secretary of States’ indicate that they consider this skirting of Ohio Election Law is justified because the software does not directly tabulate or communicate actual votes. Their statements to the mainstream press reveal a different set of facts about the software and a different justification.

In statements to the theGrio, NBC’s political blog, SOS spokesman Matt McClellan said the software is to “assist counties and to help them simplify the process by which they report the results to our system.” and that it was deemed experimental because “It is a pilot project that we’re doing with about 25 counties or so. So it’s not statewide, but it is a pilot project we’re trying.”

Ohio election law does not allow software or hardware to be used in election until it has been tested or certified by the Ohio Board of Voting Machine Examiners unless it is experimental. The confidential internal memos indicate that this software was never tested because of claims that it is not involved with the tabulation or communication of votes. Reporting election results from county tabulation systems to the secretary of state’s office, which is the purpose of this software as explained by McClellan, is in fact communication of votes.

The potential federal illegality of this software has been hidden from public scrutiny by the Secretary of State’s Election Counsel Brandi Seske. In a September 29 memo, Seske wrote, “Please see the attached letter from Matt Masterson regarding de minimis changes – one submitted by ES&S and one by Dominion Voting Systems. He has reviewed and approved the changes.” “De minimis” is a legal term for minute. Federal election regulations have a very specific definition of de minimis. This definition was clarified to all state level agencies in a federal Elections Assistance Commission memo dated February 8, 2012 entitled “Software and Firmware modifications are not de minimis changes.”

Ohio election law provides for experimental equipment only in a limited number of precincts per county. Installing uncertified and untested software on central tabulation equipment essential affects every single precinct in a given county. Nowhere in the memos circulated by Seske, nor in the contract, is the software called “experimental.”

The Secretary of State’s office has given one questionable justification to its own Board of Voting Machine Examiners and another to the public.

The contract provides for testing, performed jointly by the counties and the vendor within 30 days of the software being installed. This testing was required to be independent and overseen by the Board of Voting Machine Examiners, as required by Ohio law.

McClellan told theGrio “I’m not sure the exact timeline of that [the installation and testing], but I know we’ve been working with the counties for the past couple of months on getting these in place, testing them to make sure they work properly, and working with the vendors as well.”

This uncertified and untested software could easily malfunction and corrupt votes on the central tabulation machines, thus destroying any electronic record of the actual votes by citizens. This “experimental” software, as outlined in the contract, has no security protocols. A “man in the middle” attack, like the one that stole the Ohio election for George W. Bush in 2004, could be directly facilitated by this untested and uncertified software installation.

The Secretary of State’s office has used every legal contortion to avoid the use of science and the possibility of public scrutiny of this possibly illegal software. The Free Press will continue to report on this story as it develops.

Gerry Bello is the chief researcher at the Columbus Free Press. He holds a degree in computer security from Antioch College. Bob Fitrakis is the Editor of the Free Press. He holds Ph.D. in Political Science and a J.D. from the Moritz College of Law at Ohio State University.

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Bob interviews Jill Stein on www.WVKO1580.com

Podcast below pictures or click here!

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The Free Press confirms installation, secret justification of uncertified last minute election tabulation reporting software in Ohio

by Gerry Bello and Bob Fitrakis
November 2, 2012

The Free Press has obtained internal memos from the senior staff of the Ohio Secretary of State’s office confirming the installation of untested and uncertified election tabulation software. Yesterday, the Free Press reported that “experimental” software patches were installed on ES&S voting machines in 39 Ohio counties. (see Will “experimental” software patches affect the Ohio vote?).

Election Counsel Brandi Laser Seske circulated a memo dated November 1st renewing the already shaky justification for installing software made by Election Systems and Solutions on vote tabulation equipment used in 39 Ohio counties. The letter to Ohio Secretary of State personnel Matt Masterson, Danielle Sellars, Myra Hawkins, Betsy Schuster, and Ohio’s Director of Elections Matthew Damschroder, clarified the dubious justification for not complying with the legal requirements for the examination of all election related equipment.

Seske begins by explaining what she purports to be the purpose of the software patch: “Its function is to aid in the reporting of results that are already uploaded into the county’s system. The software formats results that have already been uploaded by the county into a format that can be read by the Secretary of State’s election night reporting system.”

According to the contract between the Ohio Secretary of State’s office and ES&S, this last minute “experimental” software update will supposedly transmit custom election night reports to the Secretary of State’s office from the county boards of elections, bypassing the normal election night reporting methods.

In order to justify this unusual parallel reporting method, Seske explains “It is not part of the certified Unity system, so it did not require federal testing.” This attempt to skirt federal and state law from one of the most partisan Secretary of State offices in the nation ignores basic facts of how modern information systems function.

Seske continues “Because the software is not 1) involved in the tabulation or casting of ballots (or in communicating between systems involved in the tabulation or casting of ballots) or 2) a modification to a certified system, the BVME [Board of Voting Machine Examiners] was not required to review the software.” These claims are factually unsound. The software, although not communicating actual ballot information, facilitates communication between systems upon which votes are tabulated and stored. Although the software purports to not modify the tabulation system software, it is itself a modification to the whole tabulation system. This is why certification and testing is required in all cases.

Just as in 2004, the Ohio Secretary of State’s office has enabled the possibility of a “man in the middle” attack. This software, functioning on a network through which votes are transmitted could act to intercept, alter or destroy votes from counties where it is not even installed, hence the “man in the middle” nickname.

On September 19, the last minute contract between ES&S and the Ohio Secretary of State’s office was inked. Within a week, Seske wrote “He [Matt Masterson] has reviewed and approved the changes.” Masterson is the Deputy Director of Elections. After Masterson’s approval, Seske acted to bypass the Ohio Board of Voting Machine Examiners required review.

“Pursuant to the board’s policy, each change will be approved unless three members of the BVME request a meeting to review a change within 15 days of today’s date. Given the proximately of the upcoming election, please let me know as soon as possible whether you will be requesting a meeting to review the changes,” wrote Seske.

Government reports such as Ohio’s Everest study document that any single change to the system could corrupt the whole voting process.

An unelected, partisan group of attorneys appears to have conspired to install election software without testing and certification that they are professionally unqualified to pass judgment upon. These types of last minute installations of software patches on voting machines are considered suspect by knowledgeable and experienced election protection attorneys, in light of all the voting machine irregularities exposed during the 2004 election in Ohio.


Gerry Bello is the chief researcher at the Columbus Free Press. He holds a degree in computer security from Antioch College. Bob Fitrakis is the Editor of the Free Press. He holds Ph.D. in Political Science and a J.D. from the Moritz College of Law at Ohio State University.