The good guys win one for a change, in the never-ending battle against those who don't want you to vote.

This time, it was the Blackwellian Republican legislature of Ohio which got slapped down by a federal judge who found their 2006 restrictions on voter registration drives to be unconstitutional.

John Michael Spinelli has the details...

Last week, Reps. John Conyers (D-MI) and Jerrold Nadler (D-NY), both of the U.S. House Judiciary Committee, sent a letter to the former Ohio Secretary of State and Co-Chair of the state's Bush/Cheney '04 campaign committee, J. Kenneth Blackwell, inviting him to appear next week at a subcommittee oversight hearing on voter suppression issues.

To the surprise of almost nobody, Blackwell has refused the invitation to testify, claiming his "schedule [would] not permit" him to attend the hearings.

The snub, according to both the following report from Jon Craig at the Cincinnati Enquirer and additional indications given to The BRAD BLOG by a Judiciary staffer other than the one quoted by Craig, may lead to an escalation of the longtime standoff between Conyers and Blackwell. A congressional subpoena requiring an appearance by the controversial former SoS, who presided over one of the worst-run Presidential Elections in American history, may well be in the offing.

As Craig reports today at the Enquirer's political blog...

Though our own Judiciary source spoke to the same point, if not quite as directly, the comments above from Godfrey offer an additional indication that we may be headed to a showdown.

Such a subpoena would require a majority vote of the committee, which likely wouldn't come in time for the hearings currently scheduled for next Friday, according to Craig's report.

The Cincinnati Enquirer, the paper that originally reported on the still-unresolved case of Warren County, Ohio's tabulation room lockdown on Election Night in 2004, has taken note of the comments made by OH Sec. of State, Jennifer Brunner in The BRAD BLOG's exclusive interview with her last week.

They highlight our exchange with the Secretary, concerning the lack of investigation, by her office, or any other, into the specious "Homeland Security warning" that county officials claimed had forced them to impose an unprecedented lock out, of both the media and public, denying them the ability to observe the tabulation in the counting room on Election Night. Warren County was one of the last counties in the Buckeye State to report their results in 2004 and went overwhelmingly for George W. Bush.

Brunner told us during our interview last week that she found the issue "troubling," and said that she still "can't find any justification for it."

"We'll look again at that situation and see what the best course of action is to prevent it from happening in the future," she promised us.

We argued that the best course of action is to bring accountability in order to send the message that such behavior will not be tolerated again.

At this time, the issue remains uninvestigated, the FBI and Dept. of Homeland Security deny issuing any such warnings to Warren or any other county in Ohio, and many of the county officials responsible for the unprecedented lockdown in 2004, in violation of state law, as well as the same county prosecutor, all remain in charge as another Presidential Election is set to begin in 2008.

Two of the Enquirer's original reports on the disturbing matter are posted here and here.

A very quick review of the reportage at the time, naming the names of those who were complicit, and the federal agencies that denied any such threat, follows...

-- By Brad Friedman, The BRAD BLOG

The BRAD BLOG spoke on Wednesday, by telephone, with Ohio's Secretary of State Jennifer Brunner, for an exclusive in-depth interview following the release of her state's unprecedented "Evaluation & Validation of Election-Related Equipment, Standards & Testing" (EVEREST) review of e-voting systems.

While the bi-partisan, multi-teamed, scientific testing carried out, by a unique combination of both corporate and academic computer scientists and security experts, has won praise from most, if not all (see, predictably, here and here) quarters, the specific recommendations for changes to Ohio's voting system in its wake, as made by Brunner, have garnered a fair amount of criticism and concern from Election Integrity and Administration experts. Indeed, The BRAD BLOG has reported a number of our own concerns about those recommendations, as detailed last Friday upon the release of the report.

One thing is clear: the view from EVEREST is a mountain of "critical security failures" in Ohio's electronic voting systems --- the very same systems which will also be in use in other states and counties all across the U.S. in 2008. The question now is what can be done to mitigate the chances of yet another Ohio election meltdown next year, given the short time before before the state's primary in March, and the rapidly-approaching November general election when many eyes, no doubt, will again be on the Buckeye State.

In our interview --- the first of its kind to be published post-EVEREST --- we challenged the state's new Democratic Secretary, a former state judge, to answer to a number of growing concerns about her '08 recommendations, and whether she may be open to changing them in light of concerns. As well, we asked her about the criticism leveed against her by on-the-ground citizen Election Integrity advocates in the state, who have been critical of her for not having done enough to bring accountability following the J. Kenneth Blackwell regime, under whom Ohio's election system was so infamously gamed in 2004.

Our in-depth, exclusive interview with Ohio's new, and already embattled Secretary of State, follows in full...

The anti-democracy faction of Ohio's GOP party launched an extraordinary assault on the state's elected Secretary of State, Jennifer Brunner, following the release (BRAD BLOG's full coverage here) of her landmark, independent study of e-voting systems on Friday.

Shamelessly (an inaccurately) writing on the Ohio Republican Party's blogsite, an unnamed writer posted the following opening to a critique of the $1.9 million bi-partisan study [strikethrough included in the original]:

"Left-wing activists"? Incredible. And wrong. And slimy enough on its own --- never mind the rest of the blog item, which gets even worse, as posted by an unnamed election terrorist from the Ohio GOP --- to merit an immediate apology and retraction by the Ohio Republican party, along with the outing and firing of whoever the official was who wrote it...

The results of new, unprecedented testing of e-voting machines in the state of Ohio are in, and the findings mirror the landmark results of a similar test carried out earlier this year in California.

"Ohio's electronic voting systems have 'critical security failures' which could impact the integrity of elections in the Buckeye State," says Ohio Secretary of State Jennifer Brunner in a statement which accompanied the release of the report today on the SoS' website. Brunner, a Democrat, was joined in her press conference (video now here), called today to discuss the results of the testing, by Ohio's Republican House Speaker, Jon Husted.

Brunner is calling for a ban on all Direct Recording Electronic (DRE, usually touch-screen) voting systems in the state, along with a ban on precinct-based optical-scan paper based systems, charging that the central counting of ballots at the county would eliminate "points of entry creating unnecessary voting system risk."

The State's bi-partisan "Evaluation & Validation of Election-Related Equipment, Standards & Testing" (EVEREST) report finds, as did California's study, as did virtually every other independent test of such systems, that violating the security and manipulating the "federal approved" electronic voting systems, is a breeze.

"To put it in every-day terms," Brunner said, "the tools needed to compromise an accurate vote count could be as simple as tampering with the paper audit trail connector or using a magnet and a personal digital assistant."

"The results underscore the need for a fundamental change in the structure of Ohio’s election system to ensure ballot and voting system security while still making voting convenient and accessible to all Ohio voters," said Brunner, who has come under fire from Election Integrity advocates for failing to act quickly enough concerning the voting systems to be used in next year's crucial election, as well as for failing to seek accountability for the exceedingly well-documented and now-infamous charges of election fraud and voter suppression in the 2004 Presidential election under her predecessor J. Kenneth Blackwell.

While the effort is long overdue in Ohio, actions being taken by Brunner, in light of the test results, are less stringent than those taken by California Secretary of State Debra Bowen after tests in her state. Brunner's recommendations, some of them quite puzzling, are likely to come under some fire in the bargain, from Election Integrity advocates in Ohio and elsewhere...

Guest Blogged by Stephen Heller

I am no longer a felon.

In brief, I became known to some as the "Diebold Whistleblower" when, in January of 2004, I stole and exposed legal documents [PDF] proving that Diebold Election Systems, Inc. was using and planned to continue using illegal, uncertified software in their California voting machines. (By the way, Diebold recently changed its name to Premier Election Solutions, but don't let that fool you; it's still the same bunch of idiots.) Details about my case can be found here and here [PDF].

The documents I stole were covered under attorney-client privilege, so my theft was a serious crime. In February of 2006 I was charged with three felonies. On November 20, 2006, I plead guilty to one felony count of unauthorized access to a computer, and in exchange for my guilty plea and a restitution payment of $10,000 to the law firm from which I stole the documents, the law firm promised they wouldn't bring a civil suit against me, and I was put on felony probation instead of being sent to jail. The term of probation was to be at least one year, and as much as three years.

Now, one year after my guilty plea, because I've stayed out of trouble and because I'm a first offender, the judge has reduced my felony to a misdemeanor. Sometime in 2008, my lawyers will petition the court to have my misdemeanor expunged.

The bad part is that the most troublesome aspect of my probation is still in force. Before I can accept a job at which I would use a computer networked to one or more other computers (basically any job for which I'd be qualified), any potential employer must write to the judge in my case, tell him that they know about my conviction and that they still want to hire me, and then we have to wait until the judge responds with a "yes" or a "no" before I can accept the job and start work (and then only if the judge says "yes"). So as you can see, employers will be falling all over themselves to hire me.

Yeah, right.

Meanwhile, my wife (an actor, filmmaker and writer) certainly hasn't lost her sense of humor. She had been calling me Felonious Punk, but now that I'm no longer a felon, she's switched to Mister Meanor. Ain't it great being married to a comedy writer?

To be clear, breaking attorney-client privilege is a very serious crime, and I accept responsibility for what I did. I'm still being punished for it, and so far the punishment has cost my wife and me over $210,000 - and counting. $210,000 is an enormous amount of money to us. My wife and I have paid and are continuing to pay a very high price for my crime.

But, as we're not Republicans, we might have expected that.

Which got me thinking about other crimes in America that have recently been committed or alleged, and what's happened to those involved. Among the first of many, Lewis "Scooter" Libby comes to mind...

Special to The BRAD BLOG by Bob Fitrakis and Harvey Wasserman of The Columbus Free Press

ED NOTE: The following feature was originally published in the Autumn '07 print version of the Columbus Free Press. The comprehensive aerial overview --- connecting dots from 2000 to 2004 to the outlook for 2008, as based on a wide body of years-long investigative reportage and exposés as collected from a variety of sources, including The BRAD BLOG and many others --- offers such a useful round-up of "our story until now" that we thought running the piece in its entirety here would be a very good idea. We hope you agree.

With record low approval ratings for the Bush/Cheney regime and the albatross of an unpopular war hanging from the GOP's neck, do you think that a Democratic presidential candidate will win the White House, get us out of Iraq, and end our long national nightmare?

Think again – the mighty election theft machine Karl Rove used to steal the US presidency in 2000 and 2004 may be under attack, but it is still in place for the upcoming 2008 election.

With his usual devious mastery, Rove has seized upon the national outrage sparked by his electoral larceny and used it as smokescreen while he makes the American electoral system even MORE unfair, and even EASIER to rig. Thus the administration has fired federal attorneys when they would not participate in a nationwide campaign to deny minorities and the poor their access to the polls. It has spent millions of taxpayer dollars to install electronic voting machines that can be "flipped" with a few keystrokes. And under the guise of "reforming" our busted electoral system, it is setting us up for another presidential theft in 2008.

Thus it should come as no surprise that our exclusive investigations into the firings of eight federal prosecutors who refused to execute Rove’s plans for massive disenfranchisement of Democratic voters reveal a pattern of illegalities and fraud aimed at reducing the number of minority, poor and young voters at the core of Democratic support. In the wake of major news breaks, two felony convictions have come from the rigging of the illegal Ohio 2004 vote count and recount that gave George W. Bush a second illegitimate term. Stunning new admissions from county election boards that illegally destroyed voter records will almost certainly lead to new convictions. And the multi-million-dollar electronic voting machine scam that made possible the biggest electoral frauds in US history is under massive new attack, with key states moving to scrap the machines altogether in a desperate attempt to restore American democracy – but with the job far from done.

Rove, Ney and the Undead

Indeed, the Rovian theft engine is far from dead. The media groundwork has already been laid out for the Republicans to claim that hordes of illegal aliens have registered to vote. The Bush administration has been caught ordering public agencies – possibly in violation of the law – to cease registering voters. In an April, 2006 speech to the Republican National Lawyers Association, Rove openly alluded to the strategy of demanding photo ID and purging voter roles of poor, minority voters just as had been done in 2000 and 2004. And, as always with Bush/Rove, there is much more beneath the surface.

All that has happened to challenge the GOP death grip on the American vote count has been reported in the pages of Hustler and on the internet at FreePress.org, The BRAD BLOG and elsewhere, and is being seized upon by a national grassroots movement determined to restore American democracy next year.

Nowhere has that movement been more in evidence than with the high profile firestorm surrounding Bush administration Attorney General Alberto Gonzales’ firing of eight federal prosecutors without legitimate cause.

Evidence continues to surface from throughout the United States about this blatant Bush abuse of executive power. But we have traced the roots of the firings to an obscure Congressional hearing held at the statehouse in Columbus, Ohio, on March 21, 2005, and to a shadowy GOP operative named Mark F. "Thor" Hearne.

The hearing was conducted by none other than former US Rep. Bob Ney (R-18th OH). The once-powerful Ohio Congressman (who is now behind bars) was the godfather of the Help America Vote Act (HAVA), the national boondoggle that mandated electronic voting machines for the American electoral process.

That the machines would cost taxpayers billions was a big plus for Ney. They would come from Diebold and other companies that poured money into Republican coffers. Thanks largely to the manipulations of disgraced lobbyist Jack Abramoff, these e-voting machine companies would help guarantee the GOP’s ability to steal elections.

Ney’s hearing featured a marquee appearance by J. Kenneth Blackwell, the Secretary of State responsible for delivering Ohio’s decisive 2004 electoral votes to Bush. Blackwell was a key operative for the Bush election campaign in Florida in 2000 and co-chaired the Bush-Cheney 2004 re-election campaign in Ohio...

California Secretary of State Debra Bowen's Election Fraud Unit has just announced that felony charges have been filed against a Sacramento woman who appears to have forged the names of five voters while gathering signatures for a 2006 ballot initiative.

The initiative was sponsored by Pacific Gas & Electric (PG&E), which hired the woman to gather signatures for a petition to get the initiative onto the ballot. She earned 75 cents per signature, netting her a total of $3.75 from the allegedly fraudulent signatures, according to the press release just sent to The BRAD BLOG by the SoS's office. (Complete press release posted at end of article.)

The signatures were excluded before the initiative qualified for the ballot, which eventually passed during the June 2006 election.

So why all the effort and resources expended to bring felony charges for such a paltry sum, for an election that's already over, particularly when the signatures weren't even used?

The reason, as we see it, is two-fold. And there are lessons to be learned from both explanations. And not just in California where powerful GOP operatives are hoping to gain enough signatures to put an Electoral College busting measure on the June 2008 ballot in desperate and cynical hopes of splitting the Golden State's electoral vote on a proportional basis in order to game the 2008 Presidential Election.

The new Secretary of State of Ohio would do well to take away the important lesson, once again from her sister in Sacramento...

Blogged by Brad from somewhere in TX...

We've been largely off the grid for the last 24, and will likely continue to be over the next two or three days. At least. (On the road, with frustratingly spotty net access and several article deadlines looming.) So for now, we're happy to point over to AlterNet's coverage of the story listeners may have heard us cursorily break during a phone call from Ohio's Paddy Schaeffer on the air the Friday before last while we were Guest Hosting the Peter B. Collins Show from Houston.

Here's the lede...

Read Steve Rosenfeld's excellent report in full for much more detail and reminders of the raft of apparently fraudulent cases which these missing ballots may have helped to explain one way or another. Such as the "10,000 voters from several Bible belt counties who voted for Bush and voted in favor of gay marriage, if the results are true," along with the "dozen rural counties, [where] virtually unknown Democrats at the bottom of the ballot received more votes than Kerry."

As well, we're given a few jarring reminders of where else these missing ballots might otherwise have filled in so many still-unexplained gaps (all, of course, completely ignored by the corporate mainstream media for years)...

Blogged by Brad...breaking as I must head over to the studio to the Peter B. Collins Show today...

Bad news for the RNC. New emails reveal their "Voter Fraud Strategy Conference Call" just prior to the 2004 Presidential elections, with plans to use Vote Caging lists to challenge voters in swings states from OH to PA to FL to NM. The effort seems to have been spearheaded by Tim Griffin.

Truthout gets the scoop and the collections of emails, as based on a report from PBS's NOW to air tomorrow night. Here's the skinny...

Truthout has a bevy of emails that I haven't been able to review, but we'll have the producer of tomorrow's NOW story on the Peter B. Collins Show tomorrow (which I'm still Guest Hosting through the end of the week) to discuss this story.

And yes, Bush/Cheney '04 Inc's national general counsel, who would later go on to create the phony "grassroots" GOP front-group, American Center for Voting Rights (ACVR), was right there in the thick of it all...

One more of the Cuyahoga County (Cleveland), Ohio, Board of Elections directors, Republican Sally Florkiewicz, has stepped down this afternoon. Her resignation leaves just one member, the board's chairman, Bob Bennett, left to fight the demand by Secretary of State Jennifer Brunner that all board members resign in the wake of a years-long string of elections disasters, two criminal convictions related to the recount of the 2004 Presidential Election, and a new criminal investigation which was launched last week into newly-revealed administrative election improprieties and irregularities in the county.

The resignation of Florkiewicz from the board of Ohio's most Democratic county leaves only Bennett --- who is the chair of both the Election Board and the state's Republican party --- to fight the order by Brunner. A hearing will be held next Monday concerning the complaint filed along with the SoS's resignation demands, after which Brunner is free to fire Bennett directly, according to state law. As ever, the members of Ohio's supposedly "bi-partisan" boards of election have always served at the pleasure of the SoS, who, for years, was the highly partisan right-winger and co-chair of Ohio's Bush/Cheney 2004 committee, J. Kenneth Blackwell.

Brunner replaced Blackwell last November after the former SoS was thoroughly rejected by Ohio voters in his bid for Governor.

"Regrettably, the lone board member who has refused to resign will face removal," Brunner said in a statement posted to the SoS website late this afternoon. As to today's resignation, she added, "It's unfortunate that Ms. Florkiewicz was unable to resign until faced with a complaint to remove her from the board."

While the board's two Democratic members resigned last week not long after receiving Brunner's request, an official in Ohio closely following the matter has told The BRAD BLOG that Florkiewicz exited her post today with anything but grace.

"The Secretary of State has decided to use the Cuyahoga County Board of Election to advance a partisan agenda," Florkiewicz contended in her resignation letter, "and I am not willing to be used as a political statement."

But one of our sources wonders how the request to remove "2 D's and 2 R's demonstrates a partisan agenda"...

Just out from AP...

The issue comes in the wake of two Cuyahoga County Election Officials recently found guilty of rigging the 2004 Presidential Election recount and subsequently sentenced to the maximum 18 months in prison after they refused to cooperate with the state's special prosecutor, Kevin Baxter.

Both Baxter and the district court judge, Peter J. Corrigan, indicated they believed the conspiracy to game the recount was part of a larger, higher-reaching conspiracy. "It seems unlikely that your superiors wouldn't know what you were doing," Corrigan declared during the sentencing.

Brunner told the Plain-Dealer this morning that the convictions were "so serious that I don't think I had any alternative" but to request the resignations of the entire board. "It has to do with public confidence and perception," she said.

In a news conference this morning, Bennett vowed to fight Brunner in court rather than leave on his own accord.

Cuyahoga County's then-Election Director, Michael Vu, who was not charged in the incident but has since resigned, had previously admitted that sealed ballot boxes were opened and secretly counted prior to the state-mandated recount in order to assure the recount would not reveal any inconsistencies with the officially reported results. He has since recanted his original story.

After the recent sentencing, Bennett, who was ultimately responsible for overseeing the convicted elections officials --- supposedly one Republican and one Democrat --- who rigged a presidential election recount in his county said, incredibly enough, "the convictions are a travesty of justice."

The issue also underscores an important point we've been trying to make for years: Despite the claims by disgraced former Buckeye State SoS J. Kenneth Blackwell and his operatives (including Bennett) for the travesty that occurred in 2004, which suggest that Ohio's supposedly "bi-partisan" structure of county elections boards --- theoretically all comprised of two Republicans and two Democrats each --- prevents any partisan malfeasance, those boards and the officials who work under them have always served ultimately at the pleasure of the state SoS. That power and pressure were wielded frequently by Blackwell during his tenure, resulting in a host of not-so-bipartisan decisions and oversight from Ohio elections officials in 2004 and beyond.

UPDATE: We heartily recommend "OhioRebel's" superb citizen journalist coverage at ePluribus Media, with many useful additional details. Would that the non-citizen journalists were as thorough!

From AP...

And I can't help but feel the two election officials should have been sentenced to 18 years instead of months (though we understand that to be the max sentence), given the number of folks who have died in Bush's War since the 2004 Election and the fact that there were enough votes in Cuyahoga County (Cleveland) alone to give the race to Kerry instead of Bush had the election been administered legitimately.

Just for the record, only 6 votes registered for Kerry instead of Bush in each of Ohio's precincts would have changed the result of that election.

Must run, so we'll refer you to our previous coverage when the two Ohio elections officials were found guilty in January for more details.

NOTE: Hat-Tip to "Ninepatch" over at DailyKos for tipping us off to the news of the sentencing. It's a rather sigh-inducing irony to get the news from dKos given it's proprietor Markos Moulitsas Zúniga had once shamefully banned all diarists, and purged their diaries, for daring to discuss and/or investigate the Ohio 2004 Presidential Election conspiracy. Thank you for continuing to make noise on these matters anyway those of you who have done so at dKos!

UPDATE: AP now has more on the sentencing and concerns by both the Judge and prosecutor that the conspiracy goes higher:

Blogged by Brad from the road...

As is too often the case, the proverbial shit seems most likely to hit the erstwhile fan whenever we're on the road and unable to cover the splatter sufficiently. This week has been no exception.

There is much movement in Ohio today as Michael Vu, the Election Director for Cuyahoga County, where two Election Officials were convicted two weeks ago of having rigged the 2004 Presidential recount, has now finally resigned from the Board of Elections after what is hopefully his last failed election.

The official BoE statement generously says: "Michael Vu has chosen to pursue future career growth and will resign as director of the Cuyahoga County Board of Elections March 1 of this year."

In related news --- and speaking of failed elections and "future career growth" --- the office of the new Ohio Secretary of State, Jennifer Brunner, has now officially requested an audit of the SoS's office over the last two years as it was led by the corrupt former SoS and democracy-hater J. Kenneth Blackwell.

In addition to the $80,000 in bonuses given to employees on the way out the door, and the $250,000 settlement Blackwell agreed to concerning the 2004 Election last December (as we reported two weeks ago), Brunner expressed a new concern in her hand-delivered letter to the Republican State Auditor Mary Taylor: Shredded documents.

As reported today by the Columbus Dispatch:

Blackwell shredding documents?! We're shocked! Shocked!