[UPDATED SEVERAL TIMES with more info on the curious/disturbing issue of ballots reported as being handed out as pre-marked for Scott Brown. Allegations now of five different reports from "at least" three different jurisdictions. See bottom of article for continuing updates...]

Haven't heard too much from on the ground in Massachusetts this morning yet (happily), but that's not much of a surprise. The real questions come later, as we will all wonder whether or not the "results," whatever they are, as reported by Diebold and never counted by actual humans, have anything to do with the way voters actually voted.

In the meantime today, a group of election integrity experts, after having posted an "Orange Alert" yesterday about the serious e-voting concerns in today's election, have sent an open letter to Sec. of State Bill Galvin, along with a public records request [PDF], calling for the retention of all election materials, such as voted, spoiled, and unvoted ballots, as well as all of the easily-tampered-with memory cards and electronic databases, etc., to ensure they are all secured and available for inspection by the public after the close of polls.

Election integrity advocates Susan Pynchon, Shelia Parks, and John Brakey also put the entire sorry matter in stark terms, demonstrating how simple this all could have been in a very short piece at OpEd News asking why MA didn't simply just determine to count the ballots, by hand, in front of everyone at the polling place, especially given that it was a single race on the ballot with just three people on it...

As to the ballots themselves, Greg Sargent at The Plum Line reports an odd situation: Two different voters, from two different towns, have both informed him that they were handed ballots that had Scott Brown's bubble already inked in when they went to vote. Here's the report from the second voter Sargent heard from...

The two reports are too anecdotal at this point to make too much of them just yet, but it seems worth noting for the moment. May come in handy later.

[UPDATED as more reports of pre-marked ballots have come in! Please see additional follow-ups now below.]

Are you hearing, reading, seeing other points of concern today? Let us know in comments. Links are always welcome...

P.S. Have done a flurry of radio appearances to discuss all of this, last night and early early this morning. Appearances from Mike Malloy, Stephanie Miller, and Nicole Sandler's shows are now archived online if you'd like to give them a listen, right here...

P.P.S. Might I also recommend, request, that all you folks on Twitter (we can be followed here), Retweet the following as far and as loud as you can:

UPDATE 4:03pm PT: Coakley Campaign Manager Kevin Conroy issued the following "ALERT!" on the campaign website, and via email about an hour ago concerning the reports of ballots being handed to voters pre-marked for Brown, as mentioned above...

A quick follow up, as I'll be on the road for most of today, on the mess I warned about on Friday concerning Tuesday's Special Election for the U.S. Senate in MA, the terrible optical-scan Diebold voting machines in use there, and the company with a dubious, criminal background which sells, services and programs them:

• Over the weekend, I was briefly interviewed by Joan Brunwasser of OpEd News and Citizens for Election Reform about it all. That interview is now published here...

• Bev Harris from Black Box Voting offers a detailed breakdown and a toolkit "for effective actions everyone can take, whether you live in Massachusetts or not" to try to help oversee and protect the election tomorrow.

• A coalition of election integrity experts have issued an "Orange Alert" about the concerns for tomorrow's election, calling on MA Sec. of State Bill Gavin to take effective action to protect secure chain of custody for ballots, voting machines, tabulators, memory cards, unvoted ballots and all other related materials, and calling on the candidates to NOT CONCEDE until all votes are actually counted accurately and transparently.

• I'll be on the air tonight and tomorrow morning to talk about all of the above. Among my currently scheduled radio appearances on this [all times PACIFIC]:
  • MON 1/18, 7:00pm: Mike Malloy Show (air affiliates, Sirius Ch. 146, XM Ch. 167)
    [Update: Here's the commercial free audio archive (MP3) from last night on Malloy, appx. 19 mins]
    
  • MON 1/18, 8:00pm: Nicole Sandler Show
    [Update: Here's the commercial free audio archive (MP3) from last night, appx. 33 mins]
    
  • TUE 1/19, 6:00am: Stephanie Miller Show
    [Update: Here's the commercial free audio archive (MP3) from this morning on Stephanie's show, appx. 20 mins]
    

UPDATE 1/19/10: More on early reports and other developments on Election Day, now here...

The story for which The BRAD BLOG was awarded a 2010 Project Censored award for "Excellence in Investigative Journalism" is "censored" no more. From the February 2010 issue of Maxim hitting mag racks this week...

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

While criticism of Obama and Democrats is as easy as it is appropriate (as well as frequently engaged in here), their failures on the marquee items --- Afghanistan, health care, torture accountability, etc., ya know, the items Fox "News" and the other wingnuts like to talk about --- tend to obscure the very real differences between the current administration and the former one across a broader, and much less sexy (by cable news standards), level. That's just one of the reasons I reject the far too lazy "Democrats are just the same as Republicans" knee-jerkisms.

While on the big ticket items, as noted above, there is far less difference in real world results than all of us would like, but below the radar, in executive departments and policies, the difference has been, at times, and in some areas, like night and day.

Desi Doyen and I have made this point on a number of occasions in our Green News Reports --- most recently in last Thursday's edition, highlighting new, important and aggressive policy changes and initiatives at the EPA, federal Bureau of Land Management (BLM) and the Dept. of Interior.

Now, some important changes at the DoJ's Civil Rights Division, and of particular note to long time readers of The BRAD BLOG, its Voting Rights Division, are beginning to show real change and significantly for the better, whether you hear about it on Fox and CNN and MSNBC or not.

Adam Serwer of The American Prospect highlighted some of that positive change late last week on the heels of an upheaval at the DoJ's Voting Rights Division over which The BRAD BLOG played a very direct and significant role in 2007....

The BRAD BLOG has long endeavored to fight back against the disinformation being put forward by the GOP "voter fraud" charlatans and fraudsters contending that massive fraud is being carried out by voters at the polls, requiring the institution of disenfranchising Photo ID restrictions at the polling place which would result in some 21 million Americans being unable to cast their legal votes, according to the League of Women Voters and most other serious experts on these matters.

Once again, a story out of Kentucky helps us highlight that it's election insiders, not voters themselves, who are, by far, the greatest threat to the integrity of elections.

We reported early last year on the passel of election officials in Clay County, KY, arrested for buying and selling votes, manipulating ES&S electronic voting machines without the knowledge of voters, and otherwise fixing elections from 2002 to 2006.

As their January 19 trial date nears, more motions are being filed by federal prosecutors. The latest, filed last week, alleges that two of the top officials charged --- one, a circuit court judge and the other, the county school Superintendent --- had been fixing elections for decades before their recent indictments...

Straight-party ticket voters have long been getting screwed by touch-screen voting systems, whether they knew it or not, in election after election, as the systems have failed in various ways in states around the country for years.

But, for a modicum of good news on that front, finally, last week a panel of federal judges in Dallas County, TX, have responded to a lawsuit from the Texas Democratic Party --- who finally bothered to notice the problem --- by halting the use of such systems until corrective action of some sort can be taken. As the Dallas Morning News reported the county's E&S iVotronic touch-screen voting systems have now been decertified for the moment, leading the chair of the Texas Democratic Party to declare a "victory," even as he went on to demonstrate he still seems somewhat unaware of the overall problems of voting at all on such systems...

Earlier this month, a two-month independent investigation of ACORN, by former Massachusetts Attorney General Scott Harshbarger, found incidents of mismanagement, but no criminal wrongdoing by ACORN, the favorite whipping boy of Republican scammers such as Glenn Beck, Rush Limbaugh, Fox "News" and the GOP itself. That investigation (full report here [PDF]) also found that the "sting videos" used recently against ACORN were highly doctored and manipulated.

Of course, readers of The BRAD BLOG know the Republicans' entire, long, sad, anti-democratic (small "d" and large "d" both) campaign is based on little more than the fact that ACORN registers millions of legal low and middle income voters who tend to vote overwhelmingly Democratic (large "d") rather than Republican, and the GOP and their democracy-hating proxies will go to any lengths to keep those legal voters from exercising their legal franchise.

And today, once again, ACORN is cleared of wrongdoing vis a vis yet another independent investigation, this one by the Congressional Research Service [PDF], as noted in a press release from U.S. House Judiciary Chair John Conyers this afternoon (posted in full below).

Of most note to our readers, Conyers' statement points out what we've been pointing out - over and over and over again for years: "There were no instances of individuals who were allegedly registered to vote improperly by ACORN or its employees and who were reported 'attempting to vote at the polls.'" Who knew?! What a surprise! (At least to Fox "News" viewers, who probably won't hear about this report either.)

Also: "No instances were identified in which ACORN 'violated the terms of federal funding in the last five years.'"

And: "Recently enacted federal legislation to prohibit funding to ACORN raises significant constitutional concerns. The courts 'may have a sufficient basis' to conclude that the legislation 'violates the prohibition against bills of attainder.'" That finding is one that a federal judge also recently concurred with, when she issued an injunction earlier this month to keep the law from taking affect since ACORN had "been singled out by Congress for punishment that directly and immediately affects their ability to continue to obtain federal funding, in the absence of any judicial, or even administrative, process of adjudicating guilt."

Finally, according to today's report, Andrew "Drudge's Poodle" Breitbart's phony video-taped "sting operation" against ACORN may, itself, have violated the law in both California and Maryland, about which we might ironically recommend to prosecutors: "Capital punishment" for Andrew Breitbart!

The short press release from Conyers, announcing the new report's bullet points, follows below...

UPDATE: And coverage of the NYTimes burial of this report, now follows below it...

I'll be appearing for a Q&A in St. Louis on Tuesday (12/15 @ 7:30pm), after a screening of Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story featuring both myself, and our reporting here at The BRAD BLOG on the Republican computer programmer turned vote-rigging whistleblower.

The screening is part of the traveling Burning Fuse Film Festival which hits Webster University's Film Series this week. Murder, Spies... will screen Tuesday, December 15 @ 7:30 in St. Louis at Webster's Winifred Moore Auditorium, 470 E. Lockwood, Webster Groves, MO, Directions/Map, More info: 314-968-7487.

Hope you'll stop by and say hello! Here's a flier [PDF] if you're in the hood and feel like helping to spread the word!

(NOTE: If you're not near St. Louis, or even if you are, but would like to support our work, we are still offering DVDs of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

My latest special to the Right-leaning Gouverneur Times of Upstate NY details multiple "urgent" warnings that state and federal officials received over the last year from multiple election advocacy groups concerning the dangers and pitfalls of the state's e-voting pilot program which came crashing down on voters during the recent NY-23 Special Election for the U.S. House.

They were warned, over and over and over again, about the dangers of using uncertified e-voting systems in real live elections, yet, despite the concerns expressed by experts about using real voters "as guinea pigs," it appears officials took no action in response.

Here's my exclusive over there...

On the road and short on time, so forgive the lack of background... Politico tells the story --- though they fail to use the word "caging" because, well, it doesn't make the GOP look so great, and that's what the main interest of Politico seems to be in just about everything they do. They do, however, liberally use the Orwellian phrase "ballot security" instead, as the GOP no doubt appreciates.

These grafs from Politico, summarizing the RNC's rejected argument for moving to throw away the national consent decree they were forced to sign in the 80's, after getting busted caging minority voters from the voter rolls (illegally suppressing their vote) are rather amusing...

Guest blogged by Ernest A. Canning

The Association of Community Organizations for Reform Now (ACORN) has won a substantive victory on behalf of the voters of Ohio --- perhaps hundreds of thousands of them --- via a court case filed in 2006, challenging a number of voter suppression tactics employed by the state's then Sec. of State, J. Kenneth Blackwell (R).

The victory may lead to the enfranchisement of "hundreds of thousands of voting-eligible low-income Ohioans" according to one of the attorneys involved in the case, yet it looks like Fox "News", Matt Drudge, and all of the other Rightwingers may have forgotten to post a thank you note to ACORN this week for their successful battle to strengthen the growth of democracy in the U.S....

I've covered the problems and failures in NY-23's recent Special Election for U.S. House in a number of previous articles here at The BRAD BLOG, detailing some of the early problems with results as they emerged, pointing out that, thanks to Republican precedent in 2006, it now no longer really matters whom the actual voters may have voted for, but arguing that a full manual hand-count of paper ballots would be appropriate nonetheless.

Over the holiday weekend, the good Richard Hayes Phillips --- author of the book Witness to a Crime, in which he painstakingly detailed, ballot by ballot, the scandal which was the Ohio 2004 Presidential Election --- reported on some curious numbers he's now found in that election, over at the right-leaning Gouverneur Times. As luck would have it, Richard is a resident of NY-23 himself, and seems to be finding that both "impossible" and then many more "improbable" tallies were certified, as NY tested its Seqouia/Dominion e-voting systems on live voters, in a real, live election, for the first time earlier this month.

Both of his pieces are worth a quick read over there.

And now, the Gouverneur Times has asked me to put together a bit of a "backgrounder" for them on all of these e-voting nightmares, and how they pertain to NY-23, since it seems that right-wingers, for some odd reason, are somewhat lacking (up until now anyway) in real information on just how dangerously insane our privatized system of e-voting in public elections has become. Too much time spent being fooled by ACORN-conspiracists like Andrew Breitbart and Fox "News," I guess.

My piece for them, "NY-23, Sequoia and the Private Corporate Takeover of Your Once-Public Democracy," as written over the weekend, following the latest in a string of embarrassing "concessions" and "un-concessions" by the Conservative Party's Doug Hoffman, is now their front page lead story if you (or Breitbart) care to give it a look.

John Conklin, the Director of Public Information for New York State's Board of Elections has now issued a statement in response to the Gouverneur Times' article by Nathan Barker last week, alleging a "VIRUS in the VOTING MACHINES" [caps in original headline] which, the paper says, "tainted the results" of the recent Special Election for the U.S. House in NY's 23rd Congressional district.

We responded to Barker's detailed article ourselves over the weekend at some length, noting both the accurate and inaccurate information and assertions included in the online publication's coverage.

Conklin's response has drawn two responses in turn from the Gouverneur Times, as the right-leaning publication appears to have joined in the fight for election integrity, at least on behalf of their favored Conservative Party candidate whose apparent election loss has indeed been "tainted" by the very same concerns about which The BRAD BLOG has been warning for years. We're happy to see their new-found concerns, even as Republican partisans in political alignment with the Times have been ignoring and/or disparaging similar reports for years following elections in which Democrats have been the apparent victims of similarly failed voting systems...

On Thursday, Nathan Barker of upstate New York's Gouverneur Times --- a far-Right online publication (featuring columns by the likes of Michelle Malkin, Oliver North, Chuck Norris, and all the rest of the wingnutters) --- filed a lengthy, and somewhat breathless, report alleging a computer virus had infected several of the new e-voting systems in first-time use during the November 7th Special Election in NY's 23rd Congressional district between Democratic candidate Bill Owens, Conservative Party candidate Doug Hoffman, and Republican Dede Scozzafava (who dropped out of the race just prior to Election Day and threw her support to the Democrat).

Barker charged that a "VIRUS in the VOTING MACHINES" [his caps] resulted in "tainted results," "casting doubt on the accuracy of counts retrieved from any of the machines" used in the election.

Owens was reported to have won the election by a small margin on Election Night --- made smaller as errors were discovered during the post-election canvass --- before being hastily sworn in to the U.S. House just a few days later, in time to provide a crucial Democratic vote in favor of the health care insurance reform bill.

Barker's detailed report clearly offers a hard-right undertone, obviously in support of the Conservative Party candidate Hoffman. The article also advances several unsubstantiated conspiracy theories and features a number of out-and-out inaccuracies as well. A number of the piece's key allegations, though important, are also disputed by election officials, and at least one lead member of New York's election integrity community --- which is, itself, split between supporters of the new optical-scan e-voting systems and those calling for the retention of the Empire State's long-used mechanical lever voting machines.

Nonetheless, Barker raises a number of significant points and important concerns, about which The BRAD BLOG has been warning for years, often in the face of derision, notably from the same Rightwing circles crying foul now, who had previously dismissed such concerns as those of 'tin-foil hat wearing, sore losers and conspiracy theorists' despite actual hard evidence and scientifically-sound details proffered about such concerns.

It's somewhat amusing to see some on the Right, now that they have concerns about a close election, suddenly find religion on the very issues they'd derided as nonsense so stridently in the past. It's very tempting to either disregard them now entirely, or torture them mercilessly on that point. But we'll try to take the high road here since their central concerns, now that they've finally arrived and no matter how long overdue, have been ones that we've shared for years, whether or not they might have stood to adversely affect Democrats, Republicans or independents.

The bottom line is that whether a computer virus, malicious or otherwise, affected the results of the NY-23 Special Election or not --- we've seen no actual evidence that it did, and state officials offer a differing explanation for the e-voting system failures that did occur --- it certainly could have. The direct threat to democracy inherent in the concerns expressed by Barker (whether substantiated or not), underscore the foolishness of using such secret vote-counting systems at all. In New York --- where voters, in real elections, are essentially being forced to serve as beta testers of these new, federally-uncertified systems, made by a company with a long track-record of failure, lies, obfuscation, near-bankruptcy, secretive foreign ownership, election disaster after disaster, and dissembling to the media, as well as federal, state and local officials --- the foolishness is all the more apparent, unnecessary, unfortunate and a clear and present threat to democracy itself...