The lawsuit brought last week in San Diego to force Registrar Mikel Haas to obey an order from the Secretary of State's office that paper ballots should be counted as "normal ballots" was denied in San Diego Superior Court today.

The writ, originally filed in Appeals Court last week, was denied on jurisdictional grounds and refiled in the Superior Court. Due to time constraints at that point, the section of the complaint seeking to stop voting machine "sleepovers" (which have now been ongoing for a full three weeks in the county) was dropped when the case was re-filed.

The denial today, which had also sought to force Haas to inform San Diego voters at the polls of their right to vote on a paper ballot, will be appealed, according to Carlsbad, CA, attorney Ken Simpkins. Election Integrity organization VelvetRevolution.us' Strike Force continues to raise money to fund such court actions, as it did with the original filing and several others --- including the contested Francine Busby/Brian Bilbray special U.S. House election last Summer.

I spoke with Simpkins earlier today about the court ruling and the judge who didn't seem to understand the differences between provisional, absentee and "normal ballots." Paper ballots, requested by any California voter, are supposed to be counted as "normal ballots" on election night, according to a memo from the CA SoS.

As time is way short for me right now, here's a quick transcript of my notes of the conversation I had with Simpkins, describing the judge, who reportedly made his feelings known early on during the questioning when he referred to E-Voting as "the appropriate wave of the future"...

Arizona may be a battleground tomorrow. Here's an idea, from Art Levine of Salon, of the mess on the ground due to AZ's disenfranchising new Photo ID laws. Don't think these laws keep folks from voting? Read on to see how unbelievably difficult it's become for college students to register to vote in the state...

Incredible. Despite the Missouri Supreme Court having overturned the states unconstitional Photo ID law, a poll worker tried to force MO Sec. of State Robin Carnahan to show hers before she would be allowed to vote!

Keep in mind, Missouri is "Thor" Hearne country. He's the high-level GOP operative, Bush/Cheney general counsel and overall democracy-hater whose been pushing the Photo ID efforts in every state around the country via his frontgroup, the "non-partisan" American Center for Voting Rights.

(Hat-tip BRAD BLOG commenter John P)

This just in from poll worker Patti Newton from San Diego, where Registrar Mikel Haas has been sending all of their pre-programmed, election-ready, hackable Diebold touch-screen systems home with poll workers on "sleepovers" since Oct. 16th.

Newton reports the machines have been going to high-school kids who have also been recruited to be in charge of those machines tomorrow! Have we mentioned that San Diego's Mikel Haas is amongst the worst most irresponsible Election Administrator's in the country?! From Newton...

But wait, she followed up with more!

So far, they've apparently been calling Hispanic voters in New Mexico with bogus polling location info, running a campaign to annoy Democrats by calling them over and over in hopes they won't vote for the Dem that the voter thinks is responsible for the calls, and now this new trick from their unfortunate black bag of 'em...

John Aravosis over at AMERICAblog reports the dirty tricks are spreading. Note: The fake robo-calls reported here are distinct from the GOP phone-calls reported here by John Gideon, in New Mexico attempting to disinform Hispanic voters that their polling place had "changed"...

On Friday night, we broke Rebecca Abrahams's exclusive story concerning the long-sought yet never-released complete "Risk Assessment Report" of Diebold's electronic voting systems as commissioned by the state of Maryland from the Scientific Applications International Corporation (SAIC) in 2003.

Tonight, The BRAD BLOG is releasing that report exclusively in full as given to us by Abrahams, who says she obtained it from a source described to us as "a patriotic high-level state official." She says the source is "someone very close to this situation" in the Maryland government.

The original, never-before-released SAIC report was nearly 200 pages in all, and details a number of extraordinary security vulnerabilities found in Diebold's AccuVote-TS (touch-screen) voting systems as deployed by the state of Maryland initially in 2002. The version of the SAIC report that was eventually released to the public, after extreme redaction, was a mere 38 pages long.

It was reported by Abrahams that neither the full MD State Board of Elections, nor even the Governor himself, was ever allowed to see the full report.

Regarded by many in the computer science, security, and election integrity community as "The Pentagon Papers of E-Voting," the report as released by MD's State Election Administrator, Linda Lamone, was edited, changed, and, of course, highly redacted by someone.

To this date, it remains unclear whether or not Diebold itself was responsible for the changes, edits, and redactions, but according to several computer scientists and security experts with whom we discussed the matter today, the company currently seems to be the leading candidate responsible for changing and removing information from the independently commissioned SAIC report. Those with whom we spoke questioned the propriety of Diebold having such final control over an independent report concerning its own systems. Systems, we might add, that will be used across the state and indeed across the entire country this November 7th, despite the information withheld from the public in this 2003 report.

Also unclear --- since the state and virtually the entire computer science and security community have been unable to review the complete, original report until now --- is whether or not any of the various 180 or so recommendations for changes contained in the report have ever been addressed and corrected by either Diebold or the state of Maryland.

Myriad independent reports on Diebold systems have shown, over the last several months and years since the SAIC report was completed, that scores of serious security vulnerabilities still remain on Diebold's voting systems --- including their paper-based optical-scan voting machines, touch-screen voting machines, and even their central tabulator software.

Reports of these serious vulnerabilities have now been documented by Finnish computer scientist Harri Hursti, the computer security firm Security Innovation, and BlackBoxVoting.org in both Leon County, FL and then in Emery County, UT; by a team of scientists at UC Berkeley commissioned by the CA Sec. of State; by Princeton University; and even by the U.S. Department of Homeland Security's Computer Emergency Readiness Team (as The BRAD BLOG originally reported in September of 2005 after a tip from a Diebold insider).

Whether or not the vulnerabilities revealed in those subsequent studies --- made mostly over the last year or so, but some, such as the Dept. of Homeland Security's CERT alert came even prior to the 2004 Presidential Election --- were discovered previously in the full 2003 SAIC report has been widely questioned until now.

If, in fact, such vulnerabilities were indeed found in 2003 by SAIC but subsequently kept covered up by Diebold or their allies within the MD State Elections division, such as longtime booster Lamone, the question of accountability --- and even the specter of malicious out-and-out fraud --- has been raised.

During an interview with Abrahams and Stephen Spoonamore, the CEO of computer security firm Cybrinth Inc., on a radio program we co-hosted yesterday, they suggested that an FBI investigation may currently be under way in Maryland concerning several events surrounding the use of Diebold machines in the state.

We've not yet had time to review the entire unredacted report as posted below. However, given the importance of this never-before-released information --- and after close consultation with Abrahams and several others --- The BRAD BLOG feels the national public interest in the information contained in this report requires full and immediate release and disclosure.

The report, therefore, is released here for the first time...

Blogged by John Gideon

UPDATE: See the update at the end of this article describing the injunction now received from a New Mexico judge enjoining the Republican party in the state from making phone calls to non-Republican voters in the wake of what appears to be wide-spread dirty tricks in the state, aimed at Hispanic voters by the GOP.

The following email has been sent to various listservs by the party who received these phone calls. It is only one complaint from one party but it is probably indicative of phone calls made to hundreds of voters in the state of New Mexico. Everyone needs to be wary of any phone calls alerting them to last minute changes of polling places. Call your county to find out if there are any changes and then call 1-866-OUR-VOTE and report the incident:

Follow-up: The aggrieved party contacted DNC attorneys who got an injunction against the state Republican party to stop them from giving polling location information to non-Republican voters. There is thought that voters with Hispanic surnames were targeted.

The judge who issued the injunction via cell-phone while she was at a basketball game, has scheduled a hearing for tomorrow. The Dems need to have more voters who will step forward and join in the lawsuit.

NOTE: We will follow-up with contact information for the attorneys just as soon as we can get it.

UPDATE BY John Gideon 5:25PM: Any aggrieved New Mexico voter is encouraged to contact attorney John Boyd at 505-842-9960.

UPDATE BY John Gideon 8:45AM: We have just been contacted about the Temporary Restraining Order (TRO) that we reported was issued last evening. In fact that TRO was withdrawn by the judge after the Republican Party of New Mexico called and claimed that the phone calls were just "innocent mistakes". There is no injunction or any other decision at this time. It is being reported that a judge will hold a hearing at 10:30 local time this morning. It is also being reported that the "innocent mistake" was also made with at least six people who have stepped forward.

In an article on this issue from the Santa Fe New Mexican and the Associated Press the following is reported:

What Ms. Kramer fails to explain is who made the two phone calls from the GOP offices that followed the incident she reports. An "innocent mistake" once, but three times it is no longer "innocent" or a "mistake".

Heading over to KTLK am1150, Los Angeles' Progressive Talk, Air America affiliate to co-host today on the Bree Walker Show from 2p-4p PT (5p-7p ET).

We've got a huge guest line-up for the two hour show, including SPENCER OVERTON of Stealing Democracy, REBECCA ABRAHAMS and STEPHEN SPOONAMORE on the secret MD Diebold SAIC Report, TOM COURBAT and RON WATT on Sequoia's "Vote As Much as You Want" Yellow Button, John Gideon of VotersUnite.org and much much more!

Listen up online here!...

"Truthdiggers of the Week: The Voting Machine Crusaders".

Thanks, TruthDig!

We'll be the media on Election Night, reporting the meltdowns with the same kind of attention everyone else will devote to the "horse race" (which we'll cover as well). From 3pm PT to 1am or as events warrant. To be carried on multiple air affiliates and Internet streams. All invited to carry broadcast for free! More details to come as I can keep up. Please spread the word and ask your local station to carry the historic broadcast! Details for now right here...

UPDATE: Some of our air affiliates on board so far (we welcome all who are interested to carry all or any part of the broadcast, see link above for details) include: KRXA in Monterey, KSAC in Sacramento, KGOE in Eureka, KUDO in Anchorage with more hopefully coming soon!

FURTHER UPDATE: Brad and Peter preview the broadcast on last Friday's Peter B. Collins Show! Listen here... [5 minutes, MP3].

And speaking of Velvet Revolution's Election Protection Strike Force, we've just upped the bounty for E-Vote fraudsters to $500k. Pass that around too. Along with the 888-VOTE-TIP hotline to support it.

Gosh...maybe there's a pattern here or something. Is there something to be concerned about here?...Here are just a few of the headlines from the National section (much more in the state-by-states) of today-only's 'Daily Voting News' from John Gideon...

This list is also notable because it contains the very first story ever on e-voting concerns (at least that I could find in a quick search) from the completely useless Los Angeles Times! Waytago, guys! Just in time! You win the BRAD BLOG's "Most Useless and Irresponsible Big City Newspaper in the Country" Award!

Their very first article comes today despite a mountain of problems for years, not to mention the last few months, across California, including the myriad disasters ("sleepovers" and everything else) just down the road in San Diego; a hapless Sec. of State who has approved one hackable, malfunctioning electronic voting machine after another (offering an ersatz blessing for the rest of the states from "the country's largest voting market," as Diebold calls us); and one of the most important Sec. of State races ever, with a real democracy champion, Debra Bowen, running against the inveterate liar and democracyhater, SoS Bruce McPherson.

Add to that list of reasons why the LA Times should be utterly ashamed of themselves is this comment in their own article today from one of the top scientists on McPherson's own team of voting systems advisors:

Of course, Jefferson's been saying that for months. But has the LA Times bothered to report any of it? Little wonder they haven't devoted a single article to this issue until just three days before the election. Nothing to see here at all. Move along. Don't read those headlines above. Everything's still just fine.

Ohio Rep. Bob Ney (R-Abramoff) has finally resigned from Congress this afternoon, nearly a month after pleading guilty to two felony charges of conspiracy and making false statements, and mere days before the most contentious midterm elections in recent memory.

In a call to Congressional Quarterly, Ney said, "I'm done with everything I wanted to complete." (That would include pulling down one more monthly paycheck of more than $12,400.) His congressional collegues had promised to expel Ney upon return from the Election Recess on Nov. 13.

Former Rep. Bob Ney is the first Congressman to be convicted in the ever-widening Jack Abramoff influence-peddling scandal, which has ensnared a number of his Republican colleagues, staffers, aides, and other government officials on Capitol Hill.

He is now a felon who is no longer allowed to vote under Ohio law. Nonetheless, the voters of America are now stuck with the disastrous electronic voting systems instituted by his Help America Vote Act (HAVA), which he pushed through Congress in 2002.

Meanwhile...As reported long ago, the GOP is planning to declare fraud after next Tuesday's election. As initially linked by DRUDGE (which should tell you almost all you need to know) earlier today, the GOP is laying the groundwork:

The situation is not "lack of oversight and control" of these smart cards. It's lack of oversight and control of our electoral system such that we've come to a place where there are so many access points to the system, it's virtually impossible, with this equipment, to have any kind of security that could ensure a legitimate vote.

You'll also note this unsubstantiated allegation from the AP coverage of the claims in TN:

Looks like the GOP is in good shape in Tennesse at this point. If they lose, they can make whatever claims they like: Fraud by Electronic Voting, or Voter Fraud by those nasty double-voting Dems.

Take your pick. And where is the DNC? Asleep at the wheel, apparently, as we've been trying to point out for months.