Paul Lehto Retained By Election Integrity Advocates In San Diego

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Guest blogged by Emily Levy of the California Election Protection Network and the CA-50 Action Committee

Attorney Paul Lehto, who specializes in cases involving election law, business fraud and consumer law, has been retained for work on the issues surrounding the illegal election conditions in San Diego County.

Lehto came to the attention of BRAD BLOG readers when he filed a lawsuit in Washington state against Sequoia Voting Systems Inc.

He has also appeared as a guest on The BRAD SHOW of April 23, 2005. To listen to that interview, click here.

More details will be posted when they become available.

(DISCLOSURE: Paul Lehto is also a legal advisor for VelvetRevolution.us, a Voting Rights and Election Reform organization co-founded by BRAD BLOG’s Brad Friedman.)

UPDATE: A Press Release has been issued. A hat-tip to
OpEdNews
:
Famed election attorney Paul Lehto selected for election challenge in San Diego

To head Contentious Busby-Bilbray Recount Effort in California’s 50th Congressional District

Noted attorney and clean election advocate Paul Lehto was selected as counsel for an upcoming election contest related to the Busby-Bilbray special election in California’s 50th Congressional district. The 50th is located in San Diego County with the upscale community of Rancho Santa Fe, CA at its center.

Background on the 50th Cong. Dist. Race. This seat for the U.S. House of Representatives was vacated when long term U.S. Representative Randy “Duke” Cunningham was forced to resign after a series of scandals. Cunningham, a former pilot and decorated war veteran, was caught in the midst of a larger scandal involving payoffs in the million dollar range by major defense contractors. He resigned in shame, and is now serving a criminal sentence.

A party primary was held on April 11, 2006 resulting in Republican Brian Bilbray and Democrat Francine Busby facing off in the special election for the seat held on June 6, 2006. The campaign was intense and unusually close given the history of the district. Political observers in California note that the district was designed to be Republican in perpetuity.

Despite the strong tilt towards Republican outcomes, the race was highly competitive from the start and drew national attention. Turnout was over 40%, high for a special election. Republican Bilbray was reported to have prevailed by elections officials with 78,341 to Busby’s 71,146.

Questions were raised during and immediately after the election by local citizens and election reform advocates, and these problems were covered in depth by election reform advocate and noted blogger Brad Friedman of BradBlog.Com Local advocates and Friedman’s in depth reporting uncovered a startling fact. The Registrar of Voters sent the voting machines home on “sleepovers” with election workers days and weeks prior to the election on nothing more than a signature.

As a result of this and many other facts and irregularities, citizens and activists, will file a formal complaint in the San Diego Superior Court. This follows a citizen-voter’s request for a hand count under the recount provision of the California Elections Code. In her letter, Jacobson wrote: “Because of the multiplicity of ways to tamper with votes, and Mr. Haas’s consequent ignoring of the vulnerabilities and security mitigation requirements, both state and federal certification of the machines were invalidated and rendered null.”

Lehto Takes the Case

Paul Lehto was approached over the weekend and accepted the role of counsel in this case. He will work with local counsel. Paul Lehto is a business law and consumer fraud attorney from an Everett, Washington. He is a retired governor of the Washington State Bar Association and was voted “Rising Star” in 2003 and 2004 by Washington State Law and Politics magazine.

In 2004, Lehto was one of the thousands of lawyers monitoring the presidential election. This experience led him to major activity as an election reform advocate. He conducted a highly regarded study on the unusual 2004 election result patterns in Snohomish County Washington, (just north of Seattle). www.votersunite.org/info/SnohomishElectionFraudInvestigation.pdf The study serves as a blueprint model for evaluating election fraud. Although it focuses mostly on one of the closest governor’s races in the Nation’s history, Steven Freeman, PhD , of the University of Pennsylvania says it represents one of the best natural studies of election irregularities in his book, Was the 2004 Presidential Election Stolen? for shedding light on electronic voting as a whole.

Following his observations, the lawyer became the plaintiff in a ground breaking law suit against voting machine manufacturer, Sequoia, which controls about 30% of the U.S. market. Lehto and co-plaintiff John Wells sought to void the purchase contract for the Sequoia electronic voting machines. The approach focused on the illegality of secret vote counting in democracy, and the inconsistency between “secret” (computerized) voting and the conduct of legitimate democratic elections. www.votersunite.org/info/lehtolawsuit.asp

This lawsuit attracted local and national attention and helped create a political issue over electronic voting in the county. The political climate changed, and with public focus also on voting systems because of the election contest in the governor’s race, Sequoia ended up losing its touch screen business in Snohomish County when the County Council voted to abandon touch screen voting machines in favor of mail-in balloting similar to Oregon’s statewide system. Although the County and Sequoia argue this made the lawsuit moot, the lawsuit continues on appeal, seeking a refund of the county’s money.

Lehto is also counsel in a case of major election fraud in Whitley County, Kentucky. Retained by citizens to assist local counsel in late June, 2006 in order to address an array of apparently fraudulent activities on the electronic voting machines, Lehto continues to assist local counsel Lee Gilbert in that ongoing case.

Award winning Tribune Media Syndicate columnist Robert Koehler has featured Lehto

in two of his columns on election reform. In one, he quotes Lehto touch screen voting: “With DREs (direct-recording electronic, or touch-screen, voting machines), the voter never sees the legal ballot in the first place, nor do even election officials. The magic numbers just pop out of the DRE.” (Direct Recording Electronic voting machine) A representative sample of Lehto’s writing for general audiences regarding elections and electronic voting appeared recently in Real Change News. http://www.realchangenews.org/2006/2006_05_31/jessejames.html

Lehto appears on radio and television shows, writes for various publications, and addresses concerned audiences in his work on election reform and ending the process of secret unverifiable voting on electronic voting machines, in both their touch screen and optical scan varieties.

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Reader Comments on

Paul Lehto Retained By Election Integrity Advocates In San Diego

15 Comments

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15 Responses

  1. 1)
    Gregory F. Withrow said on 7/24/2006 @ 9:11pm PT: [Permalink]

    God Damn It!

    How much more do we need to IMPEACH Bush?

    This has gone on far too long.

    Contact me by name.

    And just for the record, I am a former Soldier, having worked in Army Public Relations with 11 years of service, ending in April 2006.

    Let’s get a real debate going here.

    Greg Withrow
    (706) 636 1286
    GregoryWithrow@hotmail.com

  2. 2)
    oldturk said on 7/24/2006 @ 11:10pm PT: [Permalink]

    Greg Withrow – Comment # 1

    Welcome aboard, THX for your service to our country.

    Just jump in there share your knowledge, wisdom, and ideas,.. so we can get some honest people in our government.

  3. 4)
    Diane said on 7/25/2006 @ 1:16am PT: [Permalink]

    Hi Greg,

    Congratulations on completing your service…and thank you.

    I think the troops should be screaming about the following Greg Palast story concerning troops being purged from voter rolls. I’ve contacted Paul Reickhoff at IAVA and John Murtha. Someone needs to call a press conference and force the story into the public. The Repugs made such big deal pushing the myth about Dems not wanting to count all of the military votes in 2000.
    Where in Hell are the Dems when there is proof voters are being purged?……

    Our troops (and Iraqis) are dying and suffering serious injuries in a war based on lies in order to bring democracy to the Middle East….?! .. our elections are rigged, and our “just a God damned piece of paper” Constitution is being torn to shreds. What a load of crap!!!!

    http://www.gregpalast.com/massa...f-the-buffalo- soldiers

    p.s…Brad if you should read this … One of the best moments for me at the Dem Fest was meeting you. Thanks again for keeping up the good fight and enjoy your well deserved vacation….
    Diane (from Laguna Beach…who rarely… if ever blogs)

  4. 5)
    Larry Bergan said on 7/25/2006 @ 3:22am PT: [Permalink]

    Gregory F. Withrow:

    I figure using real names is a good idea too.

    There are a plethora of solid avenues to impeach Bush, however, there are no Republicans who care enough about what our country is supposed to stand for to demand it! The whole show is run with corporate money and it hog ties both parties.

    For myself, I’m going to keep calling and marching for impeachment because it is simply a no-brainer. Everybody knows Bush has to be held accountable, and the process has to begin!

    Maybe the Republicans will get so embarrased that they’ve peed all over themselves in public, and get so tired of having their legs stick together, they’ll wake up and take action, but probably not.

    In the mean time, constantly harass your local election lords, (not the workers), any way you can!

  5. 6)
    Dredd said on 7/25/2006 @ 5:30am PT: [Permalink]

    The electronic voting machine (EVM) watchdogs twenty years ago were saying what was said before a committee of congress recently (1988 Article).

    You can shock the hell out of the EVM audience with these quotes from a 1988 official report:

    4.13 Summary Of Problem Types

    4.13.1 Insufficient Pre-election Testing
    4.13.2 Failure to Implement an Adequate Audit Trail
    4.13.3 Failure to Provide for a Partial Manual Recount
    4.13.4 Inadequate Ballots or Ballot-Reader Operation
    4.13.5 Inadequate Security and Management Control
    4.13.6 Inadequate Contingency Planning
    4.13.7 Inadequate System Acceptance Procedures

    …

    Concern had been heightened by a series of articles published in the summer of 1985 in the New York Times. The articles cited statements by two computer experts reporting that a computer program widely used for vote-tallying was vulnerable to tampering. Several elections were identified in which losing candidates claimed that it would be possible to fraudulently alter the computer programs that were used in their contests.

    (NIST Report 1988, bold added).

    Twenty years is enough to have more than “suggested rules”, which is what the EAC has done, and which are admittedly inadequate. And which election warlords like Haas are ignoring anyway.

    And who asked why one person certifies the machines no matter how many ITA companies claim to do the certification? Or who sets the standards of the lone ranger doing the testing (USA’s Only Tester)?

  6. 7)
    Dredd said on 7/25/2006 @ 5:42am PT: [Permalink]

    I nominate a theme song (“Series of Dreams“) for American elections:

    Thinking of a series of dreams
    Where the time and the tempo fly
    And there’s no exit in any direction
    ‘Cept the one that you can’t see with your eyes
    Wasn’t making any great connection
    Wasn’t falling for any intricate scheme
    Nothing that would pass inspection
    Just thinking of a series of dreams

    (Series Of Dreams, Bob Dylan).

  7. 8)
    molly said on 7/25/2006 @ 5:52am PT: [Permalink]

    The dems. don’t fight for fair elections because they have been bought off by big oil. They’re all working for the same company.Funny, they think Hillary can win and continue the charade of democracy. Only problem, nobody likes her. I think Dean might have a little more decency than most. That’s why he is so unpopular with the DC crowd.Huffpo is saying elections are fixed in Israel. The new pm in Canada wants to get some crooked machines for his crooked govt. he is doing away with free child care(it would have happened if the liberal govt. had continued), trying to privatize health care and have a set date for elections. As it is, the Canadians can just vote him out any time. I like that idea…wish we could do that.

  8. 10)
    Emlev said on 7/25/2006 @ 8:42am PT: [Permalink]

    #7,
    Nice find. How about sending that idea also to Thom Hartmann and/or The Peter B. Collins show? They both talk about election integrity often and use music to open their segments.

  9. 12)
    Mark said on 7/25/2006 @ 4:59pm PT: [Permalink]

    WILL THEY PRINT THIS?

    Here’s Paul Lehto’s response to the UT, posted by Bev Harris at http://www.bbvforums.org/cgi-bi...ow.cgi?8/33004 (scroll down):

    Board Administrator
    Username: Admin

    Post Number: 5439
    Registered: 12-2004

    Posted on Tuesday, July 25, 2006 – 11:53 am:

    Paul Lehto just e-mailed me his rebuttal to the clueless editorial:

    Are Elections Needed for Position of Lead Editorial Writer on the Union-Tribune?
    by Paul Lehto

    It’s interesting to read the editorial concerning the �sleepovers� of voting machines and other irregularities in the computerized voting in the Busby/Bilbray. As an election law and consumer fraud attorney just hired on to investigate and contest this election, I’ve not yet finished drafting the election contest complaint, and the Union-Tribune editor certainly hasn’t read it, yet already the Union-Tribune editor (presumably neither a computer expert nor an election lawyer) has pronounced the case against invisible and secret computerized vote counting to be “unfounded.”

    The same day’s paper contains a remarkably parallel story regarding the exact same 50th District Congressional seat and the subject of government secrecy. An independent investigation found that imprisoned former Rep. Randy “Duke” Cunningham took advantage of the secrecy surrounding House Intelligence Committee bills to slip in items that would benefit him and his associates. http://www.signonsandiego.com/u...0060724/news_1

    The article goes on: “Cunningham’s case has put a spotlight on the lack of oversight, and lack of �public scrutiny, of the budgeting process,” says the Union-Tribune. In fact, this very lack of scrutiny and oversight by the public allowed $2.4 million in bribes over a time span of years. But during almost all of this time the Union-Tribune editorial writer was likely dismissing as “Internet conspiracy theorists” anyone walking around claiming the Congressman was on the take to the tune of millions of dollars primarily because of an unaccountable secret Intelligence budgeting process.

    Public scrutiny and oversight has been largely eliminated in elections, yet elections officials now look forward to the total elimination of any possible public oversight when the county changes over to 100% touch screen electronic voting this fall. With electronic, computerized voting systems in its touch screen form, ballots are rendered into invisible electrons the voter can never see, then counted invisibly, secretly, and unaccountably on corporate hard drives using processes claimed as trade secrets. The magic numbers simply pop out of these computerized governmental vote processors that determine the government�s own power and tax money because they are used in elections, and we are supposed to exclaim in unison with the Union-Tribune: “Give us electronic voting and its safeguards any day.” That is a disappointing devolution from Patrick Henry’s more inspiring “Give me liberty, or give me death.”

    This attitude or notion that there are any safeguards whatsoever when computers process our votes would be laughable were not the integrity of elections such a serious matter. Given that Intelligence matters must remain in some secrecy, the Republican Chairman of the House Intelligence Committee Peter Hoekstra noted that �even if you put in additional safeguards, it doesn’t necessarily mean that someone who wants to enrich themselves is not going to be able to.

    The situation is much more dire with elections, where the secrecy is provided by computers. A computer is something that simply does what it is told to do (so long as one can speak its languages) and will do simply anything it’s told without any regard for law, morality or ethics. Because computers simply follow the commands of anyone (whether given on election day or stored with a command not to execute until election day) the fact that the government claims to test the machines by casting one or two votes on a few machines before and a few after the election is laughably insufficient not so much because of the low numbers tested, but because the only thing that matters with a computer is knowing for sure exactly what the computer was asked to do on the day of election itself. But, we can�t know that. A person that knows computers can place undetectable “easter egg” code that executes only on a later date, Election Day.

    Moreover, the incentive to cheat in elections is huge. In online polls most people like to stuff the ballot box and distort the poll result by notifying only their like-minded friends to vote. Given this rather universal incentive to see the “right side” win, is it perhaps conceivable that when the stakes are upped just a little bit to (say) control of the world’s richest country and sole military superpower, along with billions in government contracts and hundreds of political careers on the line, that there might be someone, somewhere, who might want to stuff a real electronic ballot box? What if the real ballot box only consisted of invisible electrons that could be moved around without leaving evidence, and the entire election’s ballots carried in one�s pocket?

    I submit that anyone who doubts a strong incentive for many to cheat in real elections doubts the attractiveness of controlling America and is therefore deficient in true love of country. Being a Pollyanna about election fraud is a form of enforced naivete that is totally inconsistent with a commitment to truly defend democracy, where there is constant temptation to cheat in elections because so much is at stake.

    Favoring blind trust in the secret vote counts of the government ain’t “conservative” in my book, especially trusting the government when it gets its paycheck and power from elections. The public needs to oversee elections, because the government can not oversee itself. On the other hand, eliminating the public’s rights ain’t “liberal” either. So what in the world is going on?

    Does anyone in San Diego REALLY think that with “safeguards” we can dispense with public oversight and public accountability in elections by switching to secret vote counting via computers, when Hoekstra admits additional safeguards probably wouldn’t stop every Cunningham? The only election protection is keeping things in plain sight with public observers. No person who is a true defender of democracy will allow that oversight and accountability to slip away.

    Elections are the only way the public has to change the direction of the government and therefore the only way to stop government from staying stuck on Stupid. Unfortunately, there are no public elections for editor of the Union-Tribune, so we can only hope and pray that in the future the editors will understand more clearly the public’s need for oversight and accountability in vote counting, and not get stuck in its present attitude.

    We believe San Diego should not let real democratic elections go down without a fight. Therefore, my clients and I will begin our own defense of democracy by filing suit Thursday in the Superior Court. We’d love your support or your own efforts to defend democracy. After all, if there has ever been a person or soldier who sacrificed or died to defend democracy, under what claim of right or principle may we, today, fail to do our part to preserve and pass an honest and real democracy on to future generations?

    * * * * *

    “We’re counting the votes. Get over it.”

    Be part of the solution: Please sign up for the NATIONAL HAND COUNT REGISTRY: Go to Home Page – Hand Count Registry is right above lead story

    Make November elections the biggest evidence gathering action ever. EVIDENCE = videotape, audiotape and photos. Come prepared. This time, focus on the COUNTING not just the voting.

  10. 13)
    oldturk said on 7/25/2006 @ 11:27pm PT: [Permalink]

    Mark – Comment # 12

    Thank You for posting and sharing that Paul Lehto
    response letter. He seems to have his foot on every base – simultaneously. Encouraging read.

    #########

    Diane – Comment # 4

    Could not open your Palast link,.. well it has expired.
    Here is a list of the Florida 2004 voter purge fiasco
    where many military personnel off over seas fighting in Afghanistan or Iraq – who were properly registered voters,.. but because they did not open a letter mailed to their HOMESfrom the RNC,.. they were deemed ghost voters or dead voters,.. and they names were cheerfully stricken/purged from the lists of eligible voters. Can you believe that,.. they
    are sent to die for their country,.. but that soldiers vote does not count. A travesty/disgrace brought to America by some chicken-hawk Republican thug.

    Open link,.. note NAVAL AIR STATION,.. the domicile of active military personnel but stationed overseas,.. if they have dark skin,.. purge them off the voting rolls.


    Link: To 2004 Florida voter roll purge list
    .

  11. 14)
    Larry Bergan said on 7/26/2006 @ 12:51am PT: [Permalink]

    “One small step for man. One giant leap for mankind”
    ~Neil Armstrong, 1969

    – – – – – –

    “We’re counting the votes. Get over it.”
    ~Paul Lehto, 2006

    Thank You Paul!

  12. 15)
    John Dowd said on 7/29/2006 @ 10:42pm PT: [Permalink]

    This story from 7/24 is still listed as “breaking”. Is that still correct today on 7/31?

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