Supervisors Approve "Cave Man" HVAC For Hanover Resident

When he stood in front of Hanover Township's Board of Supervisors on October 13, his engineer repeatedly called him "Mister" Brau. In truth he is Doctor Alan Brau, with a busy medical practice in Bethlehem. A modest man, he is the person who first cast a public spotlight on problems with Northampton County's voting machines in 2006. Built with uncertified hardware, those machines had to be scrapped. But Dr. Brau's appearance before Hanover Supervisors had nothing to do with elections. He was there because he's getting cold, and needed their blessing on an unusual heating and cooling system for his home.

Dr. Brau would like to use the earth to heat and cool his home. It's called geothermal, or "cave man" technology. Caves are always warmer than the outside air in Winter and cooler in the Summer. This difference between outside air temperature and earth temperature can be used to create a silent, inexpensive and environmentally friendly HVAC system. (You can see a video explaining how it works here).

Under a stand -alone ordinance for geothermal, Dr. Brau's six bore holes had to be 25' away from the public right of way and 25' feet away from his home. This basically left Kocher's Water Pumps with no room to work. Kocher plans to sink coils into those holes to soak up the earth's temperature and send it on to Dr. Brau's home.

Supervisors were asked to waive the setback requirements and allow the use of a 15% ethanol solution to go through the coils. Asked if it was safe, Jake Kocher told Supervisors that the solution is biodegradable. "You can drink it," he assured. He also noted that, in the event of a leak, the system automatically shuts down and an alarm is signaled. No more than a half gallon would seep into the ground.

Supervisor Stephen R. Salvesen recommended Dr. Brau's project on the condition that Hanover Township be held harmless from any liability and submits a plan for periodic inspection and maintenance. Solicitor James Broughal, who ruled that Supervisors have the authority to grant waivers from stand-alone ordinances, agreed to prepare the agreement. Salvesen's motion passed unanimously among the four Supervisors present. Chairman John N. Diacogiannis was away on business.

Told that he was the first person in Hanover Township to apply for a geothermal system, Dr. Brau said, "I hope you have a lot more of these systems. I think they're great."

In other business, Public Works Director Vincent G. Milite told Supervisors that recent heavy rains resulted in 8 or 9 sinkholes in the Township, most in the vicinity of Maria Pond. He said it took 156 tons of screenings, or crusher sand, to plug up the holes.

Township Manager Jay Finnigan told Supervisors he has a copy of Northampton County's 2011 budget available for inspection. "It's multiple choice," he said, adding "I have not taken that approach."

Hanover Township will vote on its budget in December.

Commonwealth Court: You Have a Right to Know Your Vote Counts

Late yesterday, a sharply divided Commonwealth Court refused to dismiss a complaint by Dr. Alan Brau, and others attacking the state's lax certification procedures for touchscreen voting machines here and throughout most of Pennsylvania.

Dr. Brau, a local physician, insists these touchscreen machines are unreliable and advocates a voter-verified paper trail. Nearly a year ago, he was spurned by the Department of State when he asked for re-examination of the WINVote system. He is part of a nonpartisan group that has challenged the state's certification in Commonwealth Court. When asked about his motivation, Dr. Brau simply responded. "I'm a citizen. I'm a voter." In addition to general concerns about the lack of a paper trail, Dr. Brau is troubled by the specific WINVote system used in Northampton County. He has reiterated BlackBox Voting's allegation about AVS, the county's voting machine vendor. It's been accused of pulling a bait and switch. After getting its hardware certified, AVS is accused of shipping a cheaper internal hardware system, manufactured in China.

In recent weeks, we've learned we voted last November with machines the state never bothered to certify. And it's about to happen again. Changes are being made to voting software to accommodate large municipal ballots, and those changes won't be certified until after the election.

In essence, the court's ruling means voters have a state constitutional right to reliable and secure voting systems and can challenge the use of electronic voting machines “that provide no way for Electors to know whether their votes will be recognized” through voter verification or independent audit.

Correction: I'm an idiot. I just told you we'll be voting this spring with uncertified machines, but I'm wrong. AVS does want to change its software for larger municipal ballots, but it won't happen until after the primary. County officials won't allow uncertified machines to be used. I apologize for adding to the confusion.

Norco Voter Registrar DePaul Discusses Her Kingdom

"The people who left under my reign are people I am still close with."

Those are the exact words Northampton County Voter Registrar Deborah DePaul used at last night's meeting of a citizens' advisory committee studying our elections problems. Her Highness revealed the source of our election troubles. It's her.

Retired Registrar Benner expressed dismay over DePaul's numerous letters to state and federal officials concerning HAVA. In one, she actually urged county executive Stoffa to ignore the new federal law. "While it might be criminal, criminals are pardoned." Benner flatly told DePaul those remarks are out of line.

Benner wondered why newspapers still call him with elections questions. The press has told him they can't get the information they need from DePaul's office. He's concerned the office may now be playing favorites, echoing some concerns he heard from Congressman Dent's office. And he noted that eight people have recently jumped ship. He questioned why the office no longer had a notary for affidavits brought in at the last minute. Greta Browne also wanted to know why DePaul couldn't send someone from her office to Nazareth's recent, and very successful, nonpartisan "resident to candidate" forum.

This is when H.R.H. DePaul launched one of her long, rambling defenses. Rarely have I seen someone use so many words to say so little. Maybe she should be a blogger. She blamed everyone but herself.

"Prior to coming here, that office was in major disruption. ... The atmosphere in my staff is wonderful. ... It's very professional and very pleasant."

As professional as her staff may be, she could not trust any of them to go to Nazareth. "That would be a bad situation. You're not going to send a tech to do a surgery." This is not brain surgery. As one of at least forty people attending that forum, I know her employees could easily have handled all questions. Blogger Ross Nunamaker was able to do so rather nicely. DePaul missed a major opportunity to recast her office in a favorable light. Her attitude betrays a distrust, both of her own staff and the public. She just doesn't understand something Benner said at the committee's first meeting. "People must be made to understand you're there to help them."

At last night's meeting, panel members Russ Shade, Peg Ferarro, Dick Benner, Greta Browne and Jack Bradt agreed to ask the Department of State for proof that the AVS WinVote machines are really certified. They also want assurances that the hardware shipped by Advanced Voting Solutions is, in fact, what was approved. Local state legislators will receive copies of this request. They are also working on a survey about problems in the elections office, which will be distributed to candidates, poll workers and voters.

As Benner expressed his displeasure with DePaul, committee members Russ Shade and Peg Ferraro are frustrated by state officials who ignore them. Russ Shade mentioned repeated requests for information concerning state certification. "I'm ready to go to the governor. ... We're not asking for a miracle." And Peg Ferraro complained, "They're not answering the public and they're supposed to be public servants."

Voter activist Alan Brau, a local physician, warned the committee this would happen. He has had to sue the state Department of State over its refusal, without explanation, to re-examine voting machines.

Elections commissioner Joan Rosenthal also recommended that the Home Rule Charter be amended to provide that the elections commission become nonpartisan.

The citizens' advisory panel will meet again on February 28 and March 14, at 7 PM, in council chambers on the 3rd floor of the Northampton County courthouse. You can contact them with your views at voter.info@northamptoncounty.org. Minutes for these meetings are on the left side bar of this blog.

Voting Activist Asks That Norco Voting Machines Be Tested

"Lever machines are unconstitutional. We cannot use them. A paper ballot we cannot use. There's only one choice left."

That's what Northampton County Exec John Stoffa said nearly a year ago, when the county decided upon electronic touchscreen voting machines manufactured by Advanced Voting Solutions. Pennsylvania voters are justifiably concerned by the lack of a paper trail. They also question the state's inadequate testing and subsequent certification. Some of them, including voters' rights activist Dr. Alan Brau, have sued.

Dr. Brau has just announced a press conference for Thursday, February 15, at 11 AM, in front of the Northampton County courthouse, to address his concerns with our voting machines. He charges AVS with "bait and switch" tactics. Here's what he says.

Officials from Northampton County and the Pennsylvania Department of State continue to defend AVS WINvote computerized voting machines, despite evidence that the new voting machines use hardware which is radically different from the original machines which were certified.

According to reports, Advanced Voting Solutions, of Frisco, Texas, has substituted internal components which are completely different from the hardware that was originally certified. Bradley Spencer, a former elections employee who is familiar with the hardware used for AVS WINvote, has posted photographic evidence of the company's “bait and switch” on BlackBoxVoting.org.

This includes testimony from two former AVS employees, who paint a picture of a failing company which is more concerned with sales and profits than certification or accuracy.

Furthermore, there is evidence that the software used in the November election, WINvote version 2.0.3, was uncertified at the time of the election. The last reported state certification was in February of 2006, when software version 2.0.2 was re-approved. No public documentation of certification of version 2.0.3 is available.

I am a plaintiff in a lawsuit against the Secretary of State of Pennsylvania, requesting that the AVS WINvote machines be re-examined. The Secretary of State, Pedro Cortes, has ignored Pennsylvania statute by refusing the requests from nearly 100 Pennsylvania voters, who demand their legal rights to have the machines re-examined.

There has been some response at the county level. An advisory committee, appointed by County Supervisor John Stoffa, agrees that concerns raised are serious and valid, but committee members have chosen to work through the Pennsylvania Department of State, which continues to obstruct any re-examination of these machines.

Secretary of State Cortes filed a motion that our multi-county voters' lawsuit be dismissed, suggesting that the Secretary of State may be complicit with the fraud and should not be trusted to perform any inquiry into voting machine problems. The investigation must be transparent, public and immediate.

Mr. Walt Garvin, a county official, has offered to have the Northampton County's voting machines examined. I request that Mr. Garvin, Ms. Deborah DePaul and the board of elections conduct a thorough investigation of these allegations of a “bait and switch”, including opening the cases of all of the voting machines to see if the internal hardware matches the specifications of the AVS machine which were certified in 2002 and 2005.

In addition, I call for documentation from the County Board of Elections that version 2.0.3, the software used in the November election, was, in fact, certified.

If the voting machines are uncertified, then the past two election results for Northampton County, including results for the November 2006 election, are void.

Brau's Take on Yesterday's Election Committee Meeting - Dr. Brau offers his own perspective on yesterday's meeting.

I presented the information that Brad provided about the hardware. The hardware bait and switch seemed to resonate with members of the advisory board, particularly those who had seen Brad's post on BBV. I will make sure to have prints of the machines-on-the-half-shell (side-by-side) for the next meeting to distribute to all of the members.

There is a clear interest in finding a definitive answer to this allegation, if for no other reason than to dispel it.

"Open the cases!"

Unfortunately, the proposed plan is to first request that the Secretary of State authorize and perform the inspection. This is the same Secretary of State whom I am suing to re-examine these very same machines. I am guessing that he will say "no". The written request will sit on the attorney's desk for a few weeks before we receive his "that won't be necessary" response. After that, I predict that AVS will claim that all warranties are void if the clamshell is opened.

AVS is also being contacted about the internal hardware inspection. Their cooperation, or lack thereof, will be telling.

Mr. Conklin, the County Administrator, focused on maintaining the working operations of the elections department, but seemed to have little concern about certification issues.

Ms. DePaul, the Registrar, continued to personalize all general criticism about the department, the AVS machines, or computerized voting in general, which effectively kept her from discussing anything substantive. Much deflection. Job poorly done.

Mr. Bradt, out of his gentle nature, forgave the errors of the department and gave the Registrar an undeserved pat on the back.

With regards to the software- less promising.

I have yet to see a certification for the software update 2.0.3, although I am told that it exists.

More to come.

Norco Elections Committee Wants Answers From AVS

The coming storm, our first serious winter weather, posed no obstacle to Northampton County's citizens' election committee yesterday. Russ Shade, Jack Bradt and Greta Browne conducted their fourth meeting in as many weeks. This determined group appears to be coming to a consensus that our electronic touchscreen voting system is inferior. But embattled voter registrar Deborah DePaul has at least one defender - committee member Jack Bradt. During yesterday's meeting, Bradt told DePaul, "Your office should be commended, not condemned, for the work you did."

Problems with Advanced Voting Solutions

Did you know Northampton County is one of only three counties in Pennsylvania that use touchscreen machines supplied by Advanced Voting Solutions? Or that Pennsylvania is one of only three states that have contracts with AVS? Or that AVS' WINVote system was never certified by the National Association of State Elections Directors (NASED)?

These are just a few of the things Dr. Alan Brau told the committee yesterday. Dr. Brau, a local physician, insists these touchscreen machines are unreliable and advocates a voter-verified paper trail. Nearly a year ago, he was spurned by the Department of State when he asked for re-examination of the WINVote system. He is part of a nonpartisan group that has challenged the state's certification in Commonwealth Court.

When asked about his motivation, Dr. Brau simply responded. "I'm a citizen. I'm a voter."

In addition to general concerns about the lack of a paper trail, Dr. Brau is concerned about the specific WINVote system. He reiterated BlackBox voting's allegation that AVS pulled a bait and switch. After getting its hardware certified, AVS is accused of shipping a cheaper internal hardware system, manufactured in China.

Amazingly, AVS has yet to answer these very serious charges. If these accusations are baseless, AVS should say so, and publicly. But it has sent no representative to answer these charges.

Committee co-chair Russ Shade believes these allegations "need to be explored. We need confidence that these machines are properly certified." Committee member Jack Bradt agreed, and went one step farther. He believes the entire system is inadequate, most significantly because there is no paper trail. An optical scanning system, which combines modern technology with a paper trail, might be our future. "If we have to go to another system because the state misled us, someone's going to have to pay for that."

Bradt Defends Embattled Elections Office

Director of Administration John Conklin explained the steps he's taking to make sure our next election goes off better than the previous two. His goal is to ensure that unofficial results are available by midnight. He plans to have a manual backup ready.

At this point, Jack Bradt came to the voting registrar's defense. He's run a successful business that underwent automation. And last night, he blamed that automation for elections office problems. "I do not see a need for changes in the office. They've done a very good job."

I respect Bradt. Perhaps he's right. But I don't believe the automation has a damn thing to do with the problems in that office. It's a mess. And its leadership is inadequate.

For example, look at an email that Dr. Brau sent to Elections Chair Walt Garvin on December 3.

"I have tried to go through official channels, but Deb DePaul has been an effective stone wall in her role as registrar. ... I could not notify Deb DePaul since she blocks emails from me."

Does this sound like a responsive registrar to you? I forwarded this email to DePaul for a response. Nada. (Oops. I'm speaking Spanish.)

Or how about this? Ross Nunamaker at NewsOverCoffee puts together a nonpartisan "resident to candidate" forum, asks the registrar to drop by, and gets this.

"You did not state a date and I have numerous business and personal commitment but if somehow I am available I would try to attend. Within my office I have a fairly new staff and do not have any one else here within the office that would be beneficial."

Ross provided the date but heard nothing. Nada. (Oops, there I go again). And when Ross stopped in to pick up materials, here's what he noticed.

"It was clear to me that the office is on pins and needles when the request for a petition to a non-candidate requires the head of the office to be excused from a meeting with a representative of the company with the voting machines in light of those issues."

And so the battle rages.

Update:The Morning Call has a more objective account of yesterday's meeting.