Monday, December 17, 2012

Follow up to the Brevard Legislative Delegation

Rick Scott Watch at the Brevard Legislative Delegation 12/12/12

Dear Brevard Legislative County Delegation and Madam Supervisor

I wanted to answer some of the points that were made and bring up some points that were glossed over regarding elections in Viera on Wednesday Dec. 12. 2012

* Miami-Dade: Senator Gardiner seemed to imply that once the Miami-Dade situation is all worked out, everything will be fine with regard to early voting and long lines. Of course this isn't true, and I suspect the senator is well aware of his overstatement of the case. There were problems with early voting and long lines on election day reported all over the state. Three of the counties I mentioned in the information I provided you saw massive lines which were exacerbated -as I said - by Machiavellian power outages and scanner failures. In the case of Tampa Bay counties, as though the advent of rain and a tiny bit of thunder, were a novelty to the office of elections supervisor, and churches in African American polling precincts.

Keeping with the Miami-Dade problem here. MSNBC ran numerous stories leading up to the election relative to the lines we should expect in Florida owing to the ballot size. Rachel Maddow specifically mentioned Miami Dade was expecting an 11 page ballot because of  local amendments added to the bar exam we all took. How then is this a "surprise" in hindsight, now to be dealt with? Are we saying Rachel Maddow is more qualified to run our elections? She saw this coming and the State Division of Elections, the Secretary of State and the Legislature had no idea? Is not the division perfectly aware of where the bottle necks are likely to develop? If not, what need have we of this organization? Is every county "on it's own" when it comes to planning for such an election?

*Mr. Gardiner said "I suspect the legislature is being blamed for that" Yes. It is. And with good reason. As I said, the legislature counted on it, banked on it. Plotted for it behind closed doors, to hear former Republican Party Chairman Jim Greer in the newspapers. And the evidence that this is so, is in the very record of the legislature Mr Gardiner wishes to absolve with this blase summation. As I said, quoting Sen. Mike Bennett as HB 1355 was being discussed in May 2011, "I want them to work for it" he said, during a time purges and ballot amendments were being discussed. Losing track of space and time, whisking himself back to the Florida of the colored and white bathrooms in the 1950s,  Mr. Bennett went further and said "I want them to walk across town for it." There is very little doubt in the context (in that he specifically mentioned Africa) who his dog whistle was aimed at. African American voters. As a democrat when I see my fellow democrats having their opportunities their franchise removed, revoked on the basis of shady evidence, when I see the wheels of social engineering attempting, with great cynicism, to remove them from the lines, I get outraged, for there goes my vote as well.

Back to the Miami situation: Does the division not know how many early voting locations will be open? Does the legislature not know the ballot will be translated into Spanish for south Florida voters? Of course it does on both counts. In past elections, amendments often had an abstract of each bill, not the entire bill on the ballot. Not in 2012. Ms. Scott said it herself, it takes one quarter of an hour just to read the ballot let alone understand the amendments. Furthermore the ballot is written in such cumbersome legalese even attorneys from the ACLU had trouble decrypting it; before we hot-walk the tired excuse that "people didn't study it ahead of time". Here is a single sentence from amendment No. 5 (where the legislature thoughtull plotted, schemed, cannived, conspired and hoped we would put the judiciary beneath the power of a 2/3rds majority house and senate) it reads, in 9 point typeface:

"This proposed constitutional revision eliminates the requirement that a general law repealing a court rule pass by a two-thirds vote of each house of the Legislature that expresses the policy behind the repeal."

This amendment alone had 400+ words, densely packed, in tiny print. Ms. Scott was good to point out there was a six page ballot. She didn't mention how packed it was. No one on the board mentioned or questioned the need to ram all of these amendments on this test paper/ballot. If you let others do your voting for you, you lost rights to a third branch of government, or allowed people to take your tax money and put it toward religious schools.

You legislators all seemed resigned/mildly surprised by the ballot's size as well, as though you yourselves weren't the authors of it. How can this be? (We also must question the efficacy of reducing assessments on dwindling property values as we allegedly seek to "balance the budget" particularly when the starvation is always meted out to education and healthcare services.)

Never once are the failures of the voting machines which result in mystery rescannings, ever mentioned by yourselves or our SOE, Ms. Scott. I gave you several examples including a study, and even letters from the voting machine company "Dominion" that has screwed up elections in Volusia, Hillsborough and now St. Lucie county by failure to properly code the memory cards. There never seems to be a call to remove this brand from the state despite its poor record of service. Verily, as though officials depend on these errors for nefarious purposes of election rigging. The unspoken secret, elections officials never utter the name of the machines in public. (Taboo, children; it's taboo.)

Ms. Scott mentions she has 385,000 voters. Good statistic. It is great to have the luxury of having relatively few voters. Thus, the budget likely meets the needs of her office. Other counties aren't so fortunate. Voters shouldn't suffer for this. Nor, frankly, should Ms. Scott be given such high praise relative to other failures around the state when we are talking about a county that has mostly one party, republican. She doesn't have to worry about the obvious rigging, malfeasance and failures happening through other elections offices. It is also disingenuous to ask her if she feels 8 days are enough. Brevard with only 385k voters would not be a meaningful data point to make that case, "that eight is enough".

Nearly half of the states in the nation have early voting. We have 18 million people in Florida. We need early voting. We need to expand the number of days, not subtract from it.

Senator Altman's harping on this issue of "legal voting" is also like Tammany Hall petty-foggery of an earlier era. We don't HAVE a problem with this issue, when matched against the tens of thousands of votes that are tainted with the rescannings all over the state.

This is only a start on the myriad of issues which are of major concern to those of us who plainly see what will wash out to be a white wash of the problems in our election systems unless you officials actually start being honest with yourselves and the voters.

Thank you

David A. Kearns
Election Integrity Advocate

Thursday, December 13, 2012

Florida Officials Molest and Rape Democracy then Cover it Up Like Lying Bishops

In Boston in 2003 sexual abuse was reported by victims of child-molesting priests, cases going back thirty years. Hand-wringing “How did it happen”? For decades the dioceses was required by the church to report these cases to Rome rather than proper authorities. The church convened internal investigations that went nowhere, never assigning blame or punishment. The sexual abuse of children continued. It was only after OUTSIDE authorities were involved did the rape, and molestation of the innocent stop.
The situation is analogous to our rigged Florida elections: there is a criminal conspiracy to rape democracy, whose mountain of circumstantial evidence is now visible all over the statein the form of vote-flipping software and machines, bogus ballot rescannings, mysterious power outages and phone-line failures to erase evidence and footprints. Even Robocalls by an elections supervisor, telling voters to turn in ballots AFTER THE ELECTION. Time and again, these EVIDENCES, traces of bad intent, result in botched or late results and miscounts since before 2000. This year we even had a mini bar examination intentionally shoe-horned inside the ballot, along with chopping early voting in half, as though the mechanics of these choices weren’t understood.
 The state division of elections - under the direction of the “pontiff” in Tallahassee, the high priesthood of the RPOF  -  RIGS our elections. There is no other explanation that bears scrutiny when all is taken into account. Now, when the mountain becomes notorious in the conduct of the 2012 contest, the pontiff and priesthood, propose to investigate their very violation of democracy TO DEFRAY SUSPICION. This, to the willfully blind eyes of our local, state, and national politician and our do-nothing media. It was a perfect storm they will say, expecting us to swallow this.
Of course they will offer fake solutions – all electronic return ballots; no warm bodies at the polls – to make rigging elections easier in 2014, and 2016. This is the monster of our childhood nightmares asking us to leave the window open for them next time. This time, no self-inflicted Governor’s “Whoopsie-Daisy Commission” will do. We need federal investigations into our division of elections, our governor, our secretary of state and several offices of elections supervisor. And all of you should be calling for them. FBI, USDOJ, and the Federal Elections Commission. It is your duty. Stop ignoring the evidence, only a relative sample of which is found in the supporting documents I presented you. You don’t ask any Omerta-bound Mafia to investigate itself. IT NEVER WORKS.
2. On July 7, 2010 Florida Voters Foundation completed a study and sent this to Interim Sec. of State Dawn Roberts. It was created by people who work within elections offices, elections experts, and computer scientists. Numerous flaws in our elections systems throughout the state were noted. They issued dire warnings of problems for the upcoming primary and the general election in Nov. 2010. This thoughtful, polite warning went unheeded, discarded, ignored. As much by the Division of Elections as the media, in the media’s case likely because no one wore a funny hat.  ( I brought one for their benefit.)
3. On Nov. 6, 2010 The general election in Hillsborough Tampa, Earl Lennard Supervisor of Elections Memory cards failed to upload their data . These were 12 memory cards that all were sent to early voting locations in African-American, middle-class and the student community near USF. This resulted in the “rescanning” of 38,000 ballots all at one central location of the elections supervisor after ballots had been furiously driven around in the middle of the night with indeterminate chain of custody followed. One machine was blamed.  Half the early vote, in the last three days of it. Rick Scott cleared the recount hurdle by 0.6 percent. If these 38,000 had gone for Alex Sink, there would have been a recount. No investigation by the division of elections.
4. On Aug 14, 2012.  Deborah Clark supervisor, Primary election in Pinellas County, on the other side of Tampa Bay, the same error – cards failed to upload their data this time on ES and S machines – this time, 36,400 ballots were retabulated - but this time by data dumping the memory cards after once again furiously driving these around in cars after voting closed, to the flatfooted confusion of the media.  This represented every single vote, voted on primary election day in all locations. First Clark blamed the phone lines, next the computers in the supervisor’s office, then a power outage earlier in the day that no other offices in the Largo Florida office park reported. Then she settled on something called a “gateway device” whose function, nature and utility was never explained. It didn’t help that Clark had anti-Obama messages images on her facebook page. (15). No investigation from the Florida Division of Elections, no follow up from the media. A light switch, a wall socket: these are technically gateway devices. As is a phone jack.
5. Moving to the General Election Nov. 7, 2012 Ms. Clark again in Pinellas County.  (I will now don my tinfoil hat in honor of the election fouling UFO of Tampa Bay). Ms. Clark sent out a “robo call” to 27,000 voters who had requested absentee ballots. The robocall which was received by as many as 12,000 voters on election day, told voters to bring their ballots in “tomorrow” after the election was over of course, in which case, had they followed her advice, their ballots would be discarded. No explanation, no investigation. “Whoopsie Daisy” and pointing to a contractor, effectively her excuse for her behavior.
6.   Still the general election day, last. Earl Lennard Supervisor, back across Tampa Bay in Hillsborough again. Mysterious power outages at the election supervisor’s office. Same equipment as had been used in 2010. Scanners failed. No investigation. Ion Sancho, SOE for Leon County/Tallahassee uses the  same system as Hillsborough, never reports problems with these machines on election day in Leon county (pp. 22-23).
7. Speaking of the Dominion voting systems. Still on general election day, last, Gertrude Walker SOE  St. Lucie County. Much media coverage was given of the Allen West and Patrick Murphy race for the newly drawn 18th Congressional district. Directing you to (page 27), the record of events indicates again “memory cards failed to upload” this time affecting more than 15,000 early voted ballots which were rescanned in the same fashion of Hillsborough in 2010. Middle of the night and so on. In that case, during the rescanning phase West gained 500 votes on Murphy, additional ballots were found. It is a mess that to this day has never been explained. Murphy won because there was no legal remedy to force St. Lucie to machine recount a 3 percent sample of all the ballots. Since the difference between West and Murphy was .58 percent, and not .5 percent mandated by law. Perhaps someone didn’t rig the rescanning hard enough. Strangely West now remains mum about what clearly is a botched if not rigged election. An audit did happen, but no formal investigation.
8. At last we consider the farce of putting a mini Florida Bar exam in the state ballot at the same time cutting early voting from 14 to 8 days. You will see on where this meets the definition of “the use of tests or devices in determining eligibility to vote”. On May  5 , 2011 while hashing out HB 1355 State Senator Mike Bennet said “I want them to work for it” he also noted “people in Africa” walk 200 miles for it. The reference meaning what? American blacks don’t work hard enough? And some of you voted along with him for these extreme measures which are obviously born of bad faith not to mention racism. Work for it includes standing still for six hours holding your water, then completing a bar exam along with your vote for all other offices. It’s a wonder voters weren’t asked to conduct a minstrel show.
9. The governor will now convene his Whoopsie Daisy Commission to determine how he is not to blame of course, how the obvious scheming of the republican party, was actually the “Perfect Storm” electorally. Having created this crisis, along with the legislature, he will make the age-old case, the Holy Grail of fascist corporatism: all electronic return voting: no warm bodies at the polls; utterly riggable and unverifiable. Bye bye, democracy.

"You each swore an oath to preserve protect and defend the Constitution of the State of Florida and the United States of America against ALL enemies, foreign and domestic. Please do so."

The words went in one ear out the other.