Unsettling Report on Last-Minute Installation of New Vote Reporting Software in Ohio

Tuesday Update: The AP’s reporting today that U.S District Court Judge Gregory Frost has refused to hear the lawsuit brought by Ohioans Bob Fitrakis and Gerry Bello over the last-minute installation of new vote reporting software by Secretary of State Jon Husted. Husted’s conduct throughout the campaign has been despicable.

Evening Update: TheBradBlog’s post, which I’d linked to earlier today, has been cross-published in Salon.com. I’m glad to see this puzzling matter of Ohio Secretary of State Jon Husted’s installation of new vote reporting software getting noticed before voting day tomorrow.

Just saw this tweet from indie journalist Dan Gillmor alerting his followers to this post on the Brad blog about a new piece of software that Ohio Secretary of State John Husted has installed very recently into Ohio’s vote tabulating system. I quickly retweeted Gillmor’s tweet. Here are the first eight paragraphs from Brad Friedman’s post, with links to earlier reporting on this story:

“Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as “uncertified ‘experimental’ software patches” being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted’s office and ES&S, the nation’s largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as ‘High-level enhancements to ES&S’ election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File.’

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio’s tabulator systems. The memo claims that ‘its function is to aid in the reporting of results” by converting them “into a format that can be read by the Secretary of State’s election night reporting system.’

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to ‘halt the use of secretly installed, unauthorized ‘experimental’ software in 39 counties’ tabulators’. Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as ‘a flagrant violation of the law.’

‘Before you add new software, you need approval of a state board,’ says Arnebeck. ‘They are installing an uncertified, suspect software patch that interfaces between the county’s vote tabulation equipment and state tabulators.’ Arnebeck’s alarm is understandable.

Since the story initially broke, I’ve been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I’ve also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State’s office have gone unanswered, as had Fitrakis’ and Bello’s before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn’t respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don’t know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted’s office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they’ve given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am…”

I will be watching for updates on this story, especially the lawsuit filed by Fitrakis and Arnebeck that’s been filed seeking an injunction to prevent use of the new software. The odious Mr. Husted is also in court today, with national DEMs trying to prevent him from enacting an onerous burden on voters who use provisional ballots. A ruling is expected on that before voting day tomorrow.

Riverside Park, post-Sandy

In Friday’s New York Times, I’d seen an article with updates on the condition of the city’s parks, post-Hurricane Sandy. My own nearby park was listed like this:

RIVERSIDE PARK Large areas of the park, which stretches along the Hudson River on the Upper West Side of Manhattan, were under four feet of water after the hurricane, according to the Riverside Park Fund. Dozens of trees were destroyed, and hundreds of others damaged. Some paved walkways were washed away, and falling branches damaged park lights, playground equipment and benches.

The article went on to say that many of the city’s parks would officially be reopening Saturday, though I was not sure they’d be able to open Riverside. Checking the NYC Parks Dept. website Sunday I see that Central Park has re-opened, but the part of Riverside Park nearest my Upper West Side apartment is still closed, especially the stretch between 116th and 125th Street. Sunday and Monday I took my first bike rides since the hurricane, and found evidence of the storm’s prolific destruction. These photos show a tree care crew cleaning up from a really big oak, originally standing in the grove to the right, that fell across the paved path in the center. The butt of the fallen tree is impaled on the black iron fence bordering the path. It’s going to be a long while until our parks are back to anything like they were before the storm.

What Some of Mitt’s Supporters Think about President Obama

If you’re an Obama voter and feeling strong about the election right now, you may want to brave this 8-minute video filled mostly with interviews of Romney supporters on the edges of a recent rally in Ohio. The event was last week, the one where the Repub first uttered his lie about Jeep moving production to China. Later, the metal singer Meat Loaf endorsed Romney, all at this one rally. It’s scary, the people are possessed with a sort of cultic hatred of President Obama, and parrot many lines of critique against him. When the deft interviewer, from an organization called NewLeftMedia.com, asks them for evidence to support their claims, they often can’t summon additional words. This tape captures a fever dream of the right-wing, and shows the contempt for the president that Romney’s tapped into and amplified during his campaign. Most frightening interview subject is the woman in pink who shriekingly insists the president’s a Muslim and that his father was a Muslim, atheist, and communist, all rolled into one.

H/T Josh Marshall at TPM, who posted this on his site tonight. It’s disturbing but ought to have a wide viewing. If the president does win re-election, these people are going to refuse acknowledgement of his presidency in a second term even more vociferously than they’ve done during his first. It’s a scary thought.

Volunteering to Help Fellow New Yorkers

Since Hurricane Sandy hit New York City last Monday night, I had not ranged outside the Upper West Side of Manhattan, within 10-20 blocks of my home. My wife and son and I never lost power and aside from a tree that fell across our street, our neighborhood fortunately suffered little consequential damage. We’ve been able to buy fresh groceries and get cash from local ATMs. All week, I’d been very conscious that hundreds of thousands of fellow NYers had been plunged in to an unpleasant, partly pre-industrial existence, but with the subways out of commission and surface traffic horrible just on my own nearby streets, I was loathe to add to the difficulties and confusion below 34th Street, where power was out and so many parts of the city had been severely flooded.  We made some donations–check out www. masbia.org, an outfit doing great work, and one which we’ll donate to again in the run-up to the holidays–and avidly followed all the news (thank you Brian Lehrer and John Hockenberry and all the correspondents on WNYC radio and NY1 TV). Finally, Thursday night I saw on Twitter that some Upper West Siders were organizing a trip downtown with supplies for an organization called Good Old Lower East Side, or GOLES. Once downtown, there would also be a chance for volunteers to connect with GOLES’s efforts, bringing provisions to seniors and others without power and elevators in their apartment buildings. I emailed Monica O’Malley and promised to meet her and her friends at noon on Friday.

When I got to the building on a west side block between Amsterdam and Columbus I found a group of young women already carrying flats of bottled water and bags of food from the lobby to a waiting cab. We met and quickly introduced ourselves and continued loading the cab, soon packing off several of us in what remained of the space in the taxi. With one of my co-volunteers, Melinda, we marched off together carrying bags of goods, planning to find a cab of our own, but first stopping off to buy many boxes of granola bars, portable, lightweight food that we knew would last a while. And with that, we hailed a livery cab and began our journey into the no-power zone. After crossing below 34th Street, I noticed the lack of operating traffic lights. Our driver stopped at every corner before proceeding through each intersection. Soon, we reached 169 Avenue B, between 10th and 11th Streets, brought our goods into the GOLES storefront, and found our friends from uptown.  GOLES organizer Demaris was using a bullhorn to tell the eager volunteers, a mass of about 100 people at this point, what we could do to help. She was especially looking for any Spanish and Chinese speakers to ask residents of buildings what kind of help they might need, and if they had any urgent medical problems. While I couldn’t help with those languages, we did gather up provisions and were asked to bring them to needy residents of LaGuardia Houses, a public housing complex at the corner of Madison Street and Clinton Street, north of the Manhattan Bridge, close to the East River.

I sparked at the mention of the LaGuardia Houses, the site of a distressing report by WNYC correspondent Marianne McCune this week that chronicled the fortunes of a LaGuardia resident, 87-year old Margaret Maynard, who hadn’t been able to leave her apartment since before Sandy. She’d been subsisting on crackers and orange juice. McCune, whom I admire in her riveting audio report for the willingness she shows to get involved with and help out a person she’s covering, uses the waning battery in her cell phone to call a friend of Maynard’s, Doris George, who had been the maid-of-honor at Maynard’s wedding 60 years earlier. Though Maynard was reluctant to be the beneficiary of any special intervention, insisting that some folks were worse off than her, with the return of electricity to her building at that point still unknown, we learn that Maynard has since been evacuated to a nephew in the Bronx.

Walking south and east, I saw an astonishing amount of damage in parks and all over the neighborhood. I tried to capture it n my pictures, but am sure I haven’t. Everything’s been pushed down, especially the plants. At LaGuardia, we used flashlights we’d been given at GOLES to navigate hallways with floors wet from condensation due to the flooding to reach pitch-dark stairways and then up to floors in the building, where we began knocking on the doors of residents. The buildings were up to 18 stories. I walked up five floors at the most, for my knees. We were instructed to not be too aggressive in our knocking, lest we alarm residents. We found some who were doing okay, not in need of assistance; we asked them if they knew of any neighbors in distress. Even the people who didn’t need food and water were very glad to have been remembered and held in the thoughts of other New Yorkers. At one apartment, I found a three-generation Chinese household. The older ladies who answered the door were instantly grateful for the bottles of water, the boxes of raisins they said the children would love, a can of pineapple chunks, and several self-heating meals. At none of the apartments I visited did I find anyone in distress, like Ms. Maynard had been, but I did see some people who weren’t doing well at all.

I also saw instances of spontaneous resilience, like a pop-up coffee & oatmeal stand in front of a low iron gate near 82 Rutgers Slip, the next address I went with a big bag of foodstuff. Two gay friends, two guys, were running it, and had no dish put out for people to put money in. It was conspicuously free, not even asking for change. At that point on my own for a few minutes, I encountered a community meeting on the 2nd floor where a discussion was underway in English and Chinese translation on how to deal with difficulties caused by the storm. There I met Victor Papa, a veteran of this community’s many organizations and a board member the Two Villages Neighborhood Council. It was heartening to find this level of community organizing going on so quickly, even amid all the new problems that are less than a week old. He was also grateful for the provisions I brought.

After this interlude, I met up again with two of the women from my original group, Melinda and Kim. We walked to 46 Hester Street, where CAAAV is located. This is a community group whose mission is to develop “power across diverse poor and working class Asian immigrant and refugee communities in New York City. Through an organizing model constituted by five core elements–basebuilding, leadership development, campaigns, alliances, and organizational development–CAAAV organizes communities to fight for institutional change and participates in a broader movement towards racial, gender, and economic justice.” In front of CAAAV’s storefront, dozens of notices had been posted. From across the street, these signs immediately reminded me of the weeks after 9/11, when people were putting up signs in search of missing loved ones. On closer inspection I found that these were notices of buildings and particular apartments where help was needed. CAAAV staff in orange vets were deploying teams to addresses where they knew help was needed.

Unfortunately, the notices posted on walls weren’t the only thing that reminded me of post-9/11 New York. There’s a fragility to the city right now that’s so reminiscent of then–a deep sadness at the realization that so many things have been lost, never to be regained. I met and spoke with one woman, Ellen, from Brooklyn, who had just come over the bridge to see what she could do to help. We were both taking pictures of the posted notices. She looked to be near tears much of our ten-minute conversation. We talked about 9/11 and I told her about my own experiences that day and afterward. Despite the lingering sadness, it was still extremely impressive to find such effective grassroots organizing. One thing I detected all afternoon was intensive and agile organizing like Occupy Wall Street. I know many of these organizations have been around for even longer than OWS, so it might be better to say that the LES and Chinatown have some very effective community organizations; maybe it’s OWS that’s borrowed and learned from them. The grassroots stake in the fortunes of the community was palpable.

It was now getting on past 3:00 and since I didn’t know how long it would take me to get back up to the Upper West Side, I said goodbye to Melinda and Kim and began heading uptown on foot. Kim said she was going to be cooking at home today, with the food to be donated to an organization she knew about. At the corner of Ludlow and Stanton, I saw a table set up on the sidewalk where coffee and food were being offered gratis to passersby. Spontaneous acts of generosity were sprouting all over town. Staffing the table were Ian and Savannah. She works at the shop on that corner, a hairstyling salon called Pimps and Pinups. With the shop closed, the two of them had set up their own food station on the sidewalk. I had a nice time sipping coffee and chatting with them and their patrons and taking a few pictures. Their corner was just down from the street from music clubs I often frequent–Arlene’s Grocery, Pianos, and the Living Room, which were all shut. So lively much of the time, this part of the Lower East Side had a ghost-town feel on a late Friday afternoon.

As I expected, public transportation was a major challenge, but using the M15 bus up First Avenue to 42nd Street, the M42 to Grand Central, the subway shuttle to Times Square (where I declined to try and get on the #1 train, since a ridiculous horde of passengers were already waiting for it), the M20 bus up Eighth Avenue to Lincoln Center and the M5 bus along Riverside Drive I got home just as darkness was falling. Riding the M5, I was enormously relieved to hear WNYC broadcast on my radio headset that Mayor Bloomberg had at last agreed to cancel the NYC Marathon and that power was just then returning to parts of lower Manhattan. It had been quite an afternoon, filled with generosity, moments of buoyant hope, and desperation.
Click here to see all photos. 

“We Know What Real Change Looks Like & We Can’t Give Up Now”

Back on the campaign trail this morning, President Obama is making a forceful closing argument for his re-election. The remarks in the video below were just delivered at a rally in Green Bay, WI, under the rubric “We Know What Real Change Looks Like & We Can’t Give Up Now”. For convenience, I’ve also pasted in a transcript of his talk. Key passage: “After four years as president, you know me by now. You may not agree with every decision I’ve made. You may be frustrated at the pace of change, but you know what I believe. You know where I stand. You know I’m willing to make tough decisions even when they’re not politically convenient, and you know I’ll fight for you and your families every single day as hard as I know how. You know that. I know what change looks like because I have fought for it. You have too. After all we’ve been through together, we sure as heck can’t give up now.”

“Now, in the closing weeks of this campaign,  Governor Romney has been using all his talents as a salesman to dress up these very same policies that failed our country so badly, the very same policies we’ve been cleaning up after for the past four years, and he is offering them up as change. He is saying he is the candidate of change. Well, let me tell you, Wisconsin, we know what change looks like. What the Governor is offering sure ain’t change. Getting more power back to the biggest banks isn’t change. Leaving millions without health insurance isn’t change. Another $5 trillion tax cut that favors the wealthy isn’t change. Turning Medicare into a voucher is change, but we don’t want that change. Refusing to answer questions about the details of your policies isn’t change. Ruling out compromise by pledging to rubber stamp the tea party’s agenda as president, that’s definitely not change. In fact, that’s exactly the attitude in Washington that needs to go.

Here’s the thing, Wisconsin. After four years as president, you know me by now. You may not agree with every decision I’ve made. You may be frustrated at the pace of change, but you know what I believe. You know where I stand. You know I’m willing to make tough decisions even when they’re not politically convenient, and you know I’ll fight for you and your families every single day as hard as I know how. You know that. I know what change looks like because I have fought for it. You have too. After all we’ve been through together, we sure as heck can’t give up now. Change is a country where Americans of every age have the skills and education that good jobs now require. Government can’t do this alone, but don’t tell me that hiring more teachers won’t help this economy grow or help young people compete. Don’t tell me that students who can’t afford college can just borrow money from their parents. That wasn’t an option for me. I’ll bet it wasn’t an option for a whole lot of you. We shouldn’t be ending college tax credits to pay for millionaires’ tax cuts. We should be making college more affordable for everyone who is willing to work for it. We should recruit 100,000 math and science teachers so that high-tech, high-wage jobs aren’t created in China. They’re created right here in Green Bay, Wisconsin. We should work with community colleges to claim another two million Americans with skills that businesses are looking for right now. That’s my plan for the future. That’s what change is. That’s the America we’re fighting for in this election.”

Please Join Me in Donating Money to Promote Men’s Health

November 15 Movember moustache update:



I’ve joined the CBCRadio3 Movember team to promote men’s health through regular screening for prostate cancer and research into causes and cures of this most common of all cancers affecting men. Please join me at this donation page and consider making a contribution. Thanks! As a way of drawing attention to this issues, members of the Radio 3 team will all be growing moustaches this month. Just getting started on mine, but I’ll post photographic and informational updates as the month moves along. Meantime, here’s a video from the Movember organization, explaining their global mission.

President Obama, Comforting Americans

Reuters photographer Larry Downing shot this remarkable image today. In Reuters’ release of the picture, it’s running with this caption:

“U.S. President Barack Obama hugs North Point Marina owner Donna Vanzant as he tours damage done by Hurricane Sandy in Brigantine, New Jersey, October 31, 2012. Putting aside partisan differences, Obama and Republican Governor Chris Christie toured storm-stricken parts of New Jersey together on Wednesday, taking in scenes of flooded roads and burning homes in the aftermath of superstorm Sandy.”

What My Manhattan Street Looked Like This Morning

Wednesday Update: City crews came this morning and cleared away and chopped up the downed tree from our street. Thank you! I wish the rest of the city could have as easy and quick solution as we had today.

Storm damage outside my apartment building has those of my neighbors with cars unable to move them. These are pictures taken at around noon today. Twelve hours later, the fallen tree still bisects my Upper West Side block, and we still have no traffic on our side street between Riverside Drive and West End Avenue. Note how fortuitously these limbs crashed toward the pavement–none of the cars has so much as a scratch or a cracked windshield. Strangely delicate destruction.