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Hand-counting vindicated, voter intent served in dramatic twist...
By Brad Friedman on 12/10/2014 2:32pm PT  

In the tiny seaside town of Long Island, Maine --- and for the national media that followed it --- it was an inscrutable mystery fit for Murder She Wrote's Jessica Fletcher. Except that it wasn't murder at the heart of this mystery, it was a potentially 'stolen' election, which, upon additional investigation, has now been 'unstolen', with the state Senate candidate rightfully elected by the people of Maine's District 25 finally set to take her seat in the state legislature after another dramatic turn of events this week.

We recently detailed the fascinating story of 21 "phantom ballots", all cast for Republican state Senate candidate Cathleen Manchester, which, when reportedly "discovered" during a November 18th recount of the very close Maine Senate race, ended up flipping the results from the slim victory Democratic candidate Catherine Breen thought she had achieved on Election Night to a "win" for her GOP opponent.

The tantalizing mystery in the town of Long Island included 171 ballots tallied by hand there on the night of the November 4th election and the same number of voters confirmed to have voted in the town's official Voter Manifest, either by absentee ballot or at the tiny town's only polling place.

Like the public hand-count of all the town's ballots at the end of Election Night, Long Island's only polling place was overseen all day by its Town Clerk Brenda Singo (who, over the past week or so, had strangely, yet repeatedly refused to answer what we thought were fairly simple, straightforward queries from The BRAD BLOG about the town's precinct-based Election Night hand-count and the chain of custody process thereafter for its hand-marked paper ballots.)

During the recount of paper ballots in the seven towns comprising Maine's Senate District 25, however, a funny thing happened. 21 "new" ballots showed up in Long Island, all for the Republican Manchester, resulting in her being certified as the "winner" of the recount overseen by the Secretary of State's office and the Democratic Breen's subsequent contest of the recount results falling to the Republican-majority state Senate to be investigated and ultimately decided there.

Before the Special Committee, comprised of four Republicans and three Democrats, could convene, the outcome didn't look good for the Democrats. The GOP majority "provisionally seated" Manchester, despite strenuous objections from state Dems.

The resolution of the mystery on Tuesday, however --- which resulted in one state official declaring "I'd eat my hat if I had one" --- has flipped the final results back to the Democrat once again, cleared the Town Clerk Singo and other election officials of further suspicion and, as we noted in our original report, underscored once again the undeniable fact that hand counting hand-marked paper ballots at the precinct on Election Night is the most reliable and publicly overseeable way of assuring that election results actually reflect the true intent of the voters...

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By Brad Friedman on 12/9/2014 7:02pm PT  

It's difficult to know where Rightwingers are now when it comes to the release of today's remarkable, horrifying, redacted 528-page executive summary [PDF] of the U.S. Senate Intelligence Committee's 6,000-page report on Bush-era CIA torture.

"Torture never happened!," they used to say. Then, "Okay, it happened, but it wasn't torture!" Then, "Okay, torture happened, but it was necessary!" Now, "This report is just meant as a distraction from America's real problem: ObamaCare!"

You get the idea. So did legendary syndicated cartoonist and blogger Tom Tomorrow (aka Dan Perkins), and he's been covering it with brilliant, dead-on satire for years. With the release of the Senate report, almost a decade in the making, we're posting a few very-much-related Tom Tomorrow toons from over the years below, as self-selected by Perkins on Twitter today.

"It's not as if we've learned nothing in ten years," he tweeted. "In a 2004 cartoon, I still had to explain what 'waterboarding' was."

And, as he also made clear, none of what we are learning today is ultimately a surprise. "Presumably if the cartoonists knew about it, the White House did as well."

They did indeed, as a glance at these toons from over the years makes clear yet again...

--- Click here for REST OF STORY!... ---

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By Desi Doyen on 12/9/2014 3:25pm PT  


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By Brad Friedman on 12/9/2014 6:35am PT  

We'll let our friend Cenk Uygur of The Young Turks handle this one...

"Deep irony", indeed.

In addition to the bizarre questions from Louisiana's literacy test for African-American voters in the 1960s that Cenk cites above, here are some of the ridiculously difficult questions from one of Alabama's Jim Crow-era tests [PDF] that we cited back in 2010 when immigration foe and former Republican Congressman Tom Tancredo was similarly calling for literacy tests:

"If a person charged with treason denies his guilt, how many persons must testify against him before he can be convicted?"

"If a president does not wish to sign a bill, how many days is he allowed in which to return it to Congress for consideration?"

"If the United States wishes to purchase land for an arsenal and have exclusive legislative authority over it, consent is required from [fill in the blank]."

Yes, it's ironic that these idiots from Fox "News" and elsewhere on the right seem to know so little about American history that they'd call for literacy tests for voters without understanding that such tests were found to be illegal and unconstitutional as practiced in the Jim Crow South. Aside from being ironic, however, it's also very lucky for brain-dead Fox viewers that literacy tests aren't required for voting, given that study after study after study find them among the least informed Americans.

[Hat-tip @DRTucker]

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With razor-thin 812 vote margin, proponents charge 4,600 ballots remain illegally uncounted due to 'problems' with signatures
Questions about state procedures underscore shortcomings of Vote-by-Mail balloting...
By Brad Friedman on 12/8/2014 2:44pm PT  

[Update: An 'emergency lawsuit' has now been filed by proponents. See details at bottom of this article.]

A statewide hand-count of millions of hand-marked paper ballots is currently underway in Oregon, as proponents of a GMO-related ballot initiative hope to overcome the computer-tallied margin of less than one-fifth of one percent, as reported by the state following the November 4th election.

But proponents of the measure are expressing concern about the process of the count, including corporate interference and thousands of votes that have been excluded, due to questions about signatures on mail-in ballots.

We recently detailed how the "Yes on Measure 92" campaign trailed by just over 800 votes (.02%) out of more than 1.5 million cast, in what has become the most expensive ballot measure battle in Oregon state history. $21 million dollars were reportedly spent to defeat the measure by corporate opponents of the "Right to Know" initiative. Monsanto, DuPont, Kraft, Pepsico and other national food companies had worked to block Measure 92's mandate requiring food sold in the state containing genetically modified products be labeled as such. Proponents reportedly spent just $9 million in support of the initiative.

As the statewide "recount" is now underway (we use quotes around the word to denote that, until now, the paper ballots have never actually been counted by human beings, only by oft-failed, easily-manipulated, sometimes wildly-inaccurate computer optical-scanners), proponents are citing a number of concerns about the way the state is carrying out the hand count, including what they describe as attempted illegal interference by Measure 92's corporate opponents, and the exclusion of thousands of ballots which, proponents believe, are being inappropriately left out of the final count.

While the number of ballots excluded from the tally could be more than enough to reverse the results of the contest, according to proponents, the complaints also serve to underscore a number of serious drawbacks to Oregon's all Vote-by-Mail election system, as well as mail-in voting in other states...

--- Click here for REST OF STORY!... ---

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State Republicans' attempt to delay next summer's trial described as 'unsupportable', 'disingenuous'...
UPDATE: Court Denies Motion to Delay Trial...
By Ernest A. Canning on 12/5/2014 2:03pm PT  

North Carolina Republicans are now seeking to delay the full federal trial challenging their massive election reform law, which has been described as the worst-in-the-nation and as a "monster" voter suppression law.

The tactic threatens to, once again, undermine any ruling by the court, should it be made too close to the state's 2016 elections. The trial in the case had previously been set, according to a timetable established in federal court in December of 2013, to take place during the July 2015 trial calendar. State Republicans, however, now argue that a separate state court challenge to one section of its massive voter suppression law, scheduled during the same period next summer, will "severely prejudice" their ability to defend themselves in the federal case which follows it.

Plaintiffs argue in response that the move is "another step in Defendants continued attempts to delay the ultimate resolution of this action."

The attempt to re-schedule comes from the same North Carolina Republicans who, this past October, successfully persuaded the U.S. Supreme Court to stay an appellate court order restoring a number of voter registration and voting provisions that were blocked by the state GOP's law, simply because the court order restoring those voting rights was issued too close to the Nov. 4, 2014 election.

The state's argument at the time was that "Court orders affecting elections...can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase."

The trial which the state is now attempting to stall is in response to the same federal lawsuit involving legal challenges to the state's Voter Information Verification Act ("VIVA"). This site, and many others, described the legislation as the "nation's worst voter suppression law since the Jim Crow era," when state Republicans enacted the extraordinarily wide-reaching restrictions on voting and registration in NC within days of the U.S. Supreme Court gutting a key portion of the Voting Rights Act in the summer of 2013...

--- Click here for REST OF STORY!... ---

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/4/2014 4:00pm PT  


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GUESTS: Climate scientist Dr. Michael Mann; AZ attorney Bill Risner...
By Brad Friedman on 12/3/2014 7:04pm PT  

On this week's very busy BradCast on KPFK/Pacifica Radio:

• After a bit of breaking news on yet another failure to indict a white cop who killed a black man (in NYC), it's a quick (if disturbing) update on the continuing election recount mystery in Maine.

• The U.S. House race in Arizona's 2nd Congressional District (Rep. Gabby Giffords old seat) is headed to a "recount", as the state plans to "recount" ballots on the same faulty electronic optical-scan computers that tallied them in the first place. Pima County, AZ election law attorney Bill Risner joins us to discuss his lawsuit [PDF] against the state's plan for the "recount".

Dr. Michael Mann, Penn State University climate scientist and author of The Hockey Stick and the Climate Wars: Dispatches from the Front Lines responds to the disturbing climate change-related story line on a recent episode of Aaron Sorkin's The Newsroom on HBO as we separate scary climate fact from even scarier climate fiction. Mann also comments on the seemingly very encouraging news out of Germany this week, suggesting that fossil fuel companies are seeing "the writing on the wall". The good news: The guy who created the infamous "Hockey Stick Graph" is actually the optimistic one, for a change!

• Finally --- as relevant as ever this week --- it's the 50th anniversary of the "Free Speech Movement" kicked off by activist Mario Savio's inspiring speech at the UC Berkeley sit-in in 1964 ("There's a time when the operation of the machine becomes so odious, makes you so sick at heart that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus") and the 30th anniversary of the world's worst industrial disaster at the Union Carbide plant in India in 1984. We commemorate both.

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Letter to 11th Circuit from Goodlatte (R) and Conyers (D) seeks update on special probe into battery arrest of Judge Mark Fuller...
By Brad Friedman on 12/3/2014 6:05am PT  

The bi-partisan leadership of the U.S. House Judiciary Committee has sent a letter to the U.S. Court of Appeals, 11th Circuit, seeking an update on their investigation into the August domestic battery charges and prosecution against Alabama federal Judge Mark Fuller.

Judiciary Committee chair Bob Goodlatte (R-VA) and ranking Democrat John Conyers (D-MI) sent the letter on Monday to the circuit's Chief Judge Ed Carnes and to Judge Gerald Tjoflat who is heading the Special Committee convened by the 11th Circuit to investigate the wife-beating incident by the George W. Bush-appointed federal jurist.

The letter from the House Judiciary Committee raises the possibility of impeachment of Fuller. The missive follows a vow by Alabama Rep. Terri Sewell (D) to seek articles of impeachment against Fuller in the U.S. House, as well as calls by the rest of the state's Congressional contingent who have stated that the U.S. District Court Judge should resign his lifetime appointment to the federal bench.

Fuller was arrested on the night of August 9th, after his wife made a disturbing 911 call from an Atlanta hotel room requesting an ambulance, while telling the operator that the judge was "beating on her". (The audio of the call, in which she is heard being struck, is posted at the end of this article.) Police found Fuller's wife Kelli bloodied and bruised along with other signs of violence in their Ritz-Carlton hotel room. He has been allowed by the state court to enter a pretrial diversion program and will have all charges dismissed, as if the incident never happened, once he successfully completes a program of once-a-week visits with a domestic abuse counselor.

Whether or not charges against Fuller are dropped by the state judge, the U.S. Congress may impeach and remove him from his $200,000/year lifetime appointment.

The letter (posted in full below) says "The allegations against Judge Fuller raise serious, substantial and troubling questions that have been the focus of constant attention and close monitoring by the Committee on the Judiciary since August 2014 when reports first appeared of his arrest for a violation of state criminal law"...

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By Desi Doyen on 12/2/2014 3:53pm PT  


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IN TODAY'S RADIO REPORT: UN climate summit underway to map the future of global warming; California hit by record rain, amid record drought; Global implications of falling oil prices; PLUS: The toxic legacy of the world's worst industrial disaster thirty years later... All that and more in today's Green News Report!

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Razor-thin margin, failed tabulators, untallied ballots, terrible 'recount' provisions leave Barber-McSally contest unsettled...
By Brad Friedman on 12/1/2014 3:46pm PT  

Yes, we're still working on Election 2014 around here. As we've told you many times, problems in elections often take days, weeks or even months or years to reveal themselves, even after the mainstream media has long since moved on.

Last week we told you about the "recount" that awaits the GMO labeling ballot initiative in the state of Oregon and the amazing appearance of 21 "new" mystery ballots that flipped the results of a state Senate recount in Maine. And now, a "recount" lies ahead for the one remaining "too close to call" U.S. Congressional election in Arizona's 2nd Congressional District.

The state's first-ever "recount" of a Congressional race will be very different from the one that will be carried out for Oregon's Measure 92 and --- as demonstrated via a federal court ruling issued on Thanksgiving Day that disallowed the tally of some 133 provisional and early ballots before today's state certification of the race --- much more controversial. We can only hope no mystery ballots appear, as occurred in the still-unexplained contest in Maine.

The razor-thin contest in AZ-2 is between incumbent Rep. Ron Barber (D) and his challenger Martha McSally (R). Out of some 220,000 votes cast in the AZ-2 race --- in Pima and Cochise Counties --- the paper ballot computer tabulators report a margin of "victory" for McSally over Barber of just 161 votes, according to results posted by the Sec. of State.

The U.S. House seat in Arizona's 2nd District was formerly occupied by Rep. Gabby Giffords (D) until she was critically injured in a 2011 mass shooting that killed six and wounded 13 during a public event in Tucson. After Giffords' resignation following the shooting, she was replaced in a special election by Barber, one of her top staffers who was also shot twice himself during the massacre. Barber then went on to defeat McSally in the 2012 general election by less than one percent.

Prior to today's certification of this year's rematch, there were a number of oddities and controversies during the tabulation period. Among the problems, the reported Election Night failure of the paper ballot optical-scan computer tabulators in Cochise County to read a number of memory cards from the Early Voting period. Those sensitive cards store results of precinct-scanned paper ballots. They had to be flown by helicopter to another county before their contents could be discerned (even though paper ballots existed that could have simply been counted by human beings, rather than relying on electronic tallying systems.)

In addition to the troubling ruling last week by the U.S. District Court and the flawed electronic tabulation of some early ballots, local election integrity experts are also concerned about the state mandated process for "recounting" the ballots, a process which includes using the same flawed electronic scanners once again to determine if the initial scan was carried out accurately...

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By Brad Friedman on 11/26/2014 7:10pm PT  

I had hoped to keep this week's Thanksgiving BradCast on KPFK/Pacifica Radio kinda light, cuz, ya know, it's Thanksgiving. St. Louis County Prosecutor Bob McCulloch didn't make that easy.

Nonetheless, we ended up with a very lively show, covering one helluva election fraud mystery in Maine; some good election news in Oregon; and exclusive information on why Ferguson and St. Louis County ran out of paper ballots on Election Day.

Then, speaking of bad news, it's Thanksgiving week and, yes, the news is lousy, so what is there to be thankful for in the wake of this week's terrible news in Ferguson and all the bad news of late before it? Some great callers come to the rescue!

My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seemed before this week's show...

Download MP3 or listen online here...

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UPDATE 12/10/2014: MAINE MYSTERY SOLVED! Full details now here...

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11-vote edge given to GOPer after 21 unexplained ballots - all for her - mysteriously appear in tiny Town of Long Island...
By Brad Friedman on 11/25/2014 8:21pm PT  

An election fraud mystery has emerged in Maine's tiny Town of Long Island. The strange case has not only changed the previously announced "winner" of the election, but the contested results affect the entire state Senate and are now the subject of an investigation demanded by the Maine Democratic Party.

On Election Night this year, Democrat Catherine Breen reportedly won the race for state Senate by a very slim 32 votes in Maine's Senate District 25, according to the then-unofficial tally. However, during a hand recount of the votes last week, 21 previously unaccounted-for ballots were discovered to be in the locked Long Island ballot box. All of the "new" ballots included votes for Cathleen Manchester, the Republican candidate who had requested the recount.

Those 21 "new" ballots were above and beyond the 171 votes counted by hand on Election Night (which proved to be an otherwise perfect count) and the 171 voters listed as having voted on the "voter manifest" at Long Island's only precinct.

The "new" votes, combined with a few other adjustments to the tallies in the 25th District's six other towns, were enough to reverse the results, giving an 11-vote victory to the Republican candidate after the recount, even as neither party is able to explain the appearance of the "phantom ballots" in Long Island...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 11/25/2014 3:27pm PT  


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By Brad Friedman on 11/24/2014 9:37pm PT  

"Seasons Greetings"? No "Merry Christmas"?! Fox "News" is gonna be furious.

* * *

P.S. A few selected thoughts of mine on the events in Ferguson this evening, from throughout the night on Twitter, follow below...

--- Click here for REST OF STORY!... ---

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