First Amendment...

More at Boston Herald... (Hat-tip RAW STORY.)

As God is my witness, there will be blood...okay, hopefully not blood...but massive Election Disasters this November. Disasters which might have, should have, could have, otherwise been averted had Election Officials bothered to actually read this blog every couple of days over the last four years, and done a damned thing about it other than make excuses for their horrible decisions and continuing state of denial.

Keep in mind, we are going to save the most troubling aspect of this report for the very end, so those of you who can take no more of this garbage, will be able to bail out before hand.

If you can take it, prepare to be amazed by the end, as we wend through the massive failures in Arkansas last Tuesday, through mind-blowing new (disastrous) federal "Electronic Voting Reform" legislation just announced by Sen. Dianne Feinstein (D-CA) with Sen. Bill Bennett (R-UT), before landing in West Virginia, where a candidate on last week's ballot assures us everything is just fine because the guy spotted by voters opening up the voting machines and going inside of them to make adjustments at the polls during Election Day was him.

It's as bad as it sounds. Read on, if you feel strong enough, otherwise, abandon hope all ye who enter here...

"The recount never really happened," notes Kevin Spacey, correctly, about the 2000 Florida election debacle in his interview Wednesday night on Countdown, in advance of Recount, HBO's theatrical retelling of the nightmare. The film premieres this Sunday.

Some weeks ago, we ran an item which included the theatrical trailer for the film and noted that we've neither seen it, nor been contacted by anybody from the production (they didn't purchase an ad here either, boo hoo) but that they did manage to use our "Stuck in the Middle With You" theme song for the film, curiously enough, as you'll see in the trailer. We'll take it as a compliment, as if we have a choice.

We also noted, with evidence, that Al Gore received more votes than George W. Bush in the state of Florida in 2000, and that seven whistleblowers from the company, Sequoia Voting Systems, who produced the paper ballots for Florida, have come forward to reveal that they were forced by someone to use bad paper on those ballots (only in Florida) against their objections, and to misalign the chads on them (only in Palm Beach County). To this day, other than Dan Rather at HDNet, who originally ran the report, nobody in the corporate media has found that story worthy of following up, or even merely reporting.

But for the third in our countdown of productions with the word "count" in its title, we turn to our friend Mary Mancini, who smartly blogs at the website of the documentary film Uncounted (We're in it, so see FULL DISCLOSURE at end of this article). Mancini notes that Olbermann, during his interview with Spacey (at left, including clip from film), joined so many other journalists who have taken the opportunity of the premiere of HBO's film to miss more than a few good journalistic opportunities...

No, they weren't. And the Supreme Court demanded that they remain uncounted, so Bush could be named "President."

Only the media and academic consortium who actually did bother to count all of those ballots [PDF] afterwards in Florida would know that Gore received more votes than Bush. Period. Even if they've done a superb job of keeping that little fact to themselves ever since. Whether HBO's Recount tells that truth, we'll have to wait until Sunday to find out.

Following below, for your convenience, are both the HBO trailer for Recount and, once again, the breathtaking Dan Rather report on the gaming of the paper ballots in Florida's 2000 election...

Arkansas had huge problems with their ES&S voting systems during local elections last Tuesday. Malfunctioning machines at multiple sites, and thousands of vote disparities, led to recounts, changed outcomes and at least one race was overturned in the bargain.

It's hardly he first time they've had problems with their ES&S voting systems in the state. Arkansas uses ES&S for almost everything with regards to elections and the vendor has a record of terrible work there, as we saw in 2006. (See bottom of article for links to scores of previous examples.)

"No voting machines functioned properly at any of the 32 White County voting sites on Tuesday," according to the Daily Citizen. That problem, most likely related to failures in the Ballot Definition Files as we'd warned about on Monday, seems to have led to a 3,954 vote disparity in two different races. That discovery then led to a "recount" of all the races on the ballot, which subsequently changed all results, and even overturned one of the races.

In Crawford County, it was "faulty" flash cards, reportedly, which initially led to the inability of the central tabulator computer to read the voting results from the county's 43 electronic voting machines.

From the Daily Citizen: "Winner rejoices, then deflated"...

Just sent to The BRAD BLOG by John Conyers' office...

For Immediate Release: May 22, 2008

Conyers Subpoenas Karl Rove

(Washington, DC)-Today, House Judiciary Committee Chairman John Conyers, Jr. (D-MI), issued a subpoena to former White House Deputy Chief of Staff Karl Rove for testimony about the politicization of the Department of Justice (DOJ), including former Alabama Governor Don Siegelman's case. Yesterday, Rove's attorney, Robert Luskin, sent a letter to the Committee expressing that Rove would not agree to testify voluntarily, per the Committee's previous requests.

"It is unfortunate that Mr. Rove has failed to cooperate with our requests," Conyers said.

"Although he does not seem the least bit hesitant to discuss these very issues weekly on cable television and in the print news media, Mr. Rove and his attorney have apparently concluded that a public hearing room would not be appropriate. Unfortunately, I have no choice today but to compel his testimony on these very important matters."

Separately, Chairman Conyers recently received a letter from DOJ's Office of Professional Responibility (OPR) indicating that the office has opened an investigation into allegations of selective prosecution of Siegelman and others.

Included below and attached are the relevant documents:

• Full text of the cover letter sent to Robert Luskin, Karl Rove's attorney (attached and below); [Download here]
• Full text of the subpoena (attached); [Download here]
• Full text of the letter received yesterday from Luskin, declining to provide voluntary testimony (attached); [Download here]
• Letter from OPR regarding new investigation into selective prosecution allegations (attached). [Download here]

-- by Brad Friedman

The CEO and President of one of America's largest voting machine companies, Sequoia Voting Systems, gave both deceptive, and carefully selective, answers in his reply to a letter sent earlier this year from two high-ranking officials in Chicago, according to documents recently obtained during an ongoing investigation by The BRAD BLOG.

Sequoia's chief executive, Jack Blaine, repeated knowingly false answers, at least three different times, in his January 18 response to Chicago Alderman Edward M. Burke and the Chair of Chicago's Board of Election Commissioners Langdon D. Neal. The pair had written to the company on January 11, expressing concerns about the truth behind Sequoia's claims that they had completely divested from their purportedly "former" parent company, Smartmatic, the Venezuelan-run firm with direct ties to Hugo Chavez and his government.

Last year, as media reports revealed the true extent of Smartmatic's shadowy foreign ownership --- and with it, the direct control of some 20% of U.S. elections --- the firm came under close scrutiny by federal investigators from Treasury Department, the FBI and the IRS. In November of last year, Sequoia announced that it had "completely" divested from Smartmatic in a management team-led buyout, thus ending an official review by Treasury's Committee on Foreign Investment in the United States (CFIUS).

But in January, the officials from the Windy City --- where Sequoia holds one of the company's most lucrative contracts --- had continuing concerns about whether the sale was legitimate, or simply a dodge to avoid scrutiny by federal investigators. They were right to be concerned.

In their letter, Burke and Neale requested written responses from Sequoia after what was described as "evasive" and "troublesome" sworn testimony from Blaine the previous year, following "malfunctions of Sequoia voting machines during primary elections held on March 21, 2006."

In his testimony before a Chicago City Council joint committee in April of 2006, Blaine had claimed he didn't know the specific details of the financial arrangement that existed between Sequoia Voting Systems, Inc., and the Smartmatic Corporation, despite being president of both companies at the time. He did, however, manage to admit to the joint committee that at least 15 Venezuelan nationals were flown in to assist in the tabulation of votes in the troubled March '06 election and that the Venezuelans had access to Sequoia's source code. Blaine also conceded that it was "possible" that Chavez' government could hold an interest in the company, but that he wasn't certain because the ownership of Smartmatic was concealed in an off-shore trust.

In their series of follow-up questions to Blaine in January 2008, Alderman Burke noted that "the entire Smartmatic episode has served as a reminder of how important it is to know and trust who is counting the votes in our elections."

"It is therefore important," he continued, "to confirm that the sale of Sequoia by Smartmatic is not a sham transaction designed to fool regulators and to further confirm that Smartmatic and the government of Venezuela have no ability to influence or control the new owners of Sequoia."

Blaine's written responses to the officials, sent to Neale the following week, were dishonest, misleading, and even cleverly evasive on at least one crucially important point. His answers also contradict details recently exposed in a series of investigative exclusives by The BRAD BLOG, revealing several startling facts about the true ownership and control of Sequoia.

Moreover, after we broke the news in April, concerning the attempted hostile takeover of Sequoia by competitor Hart InterCivic, Blaine appeared to joke with employees during a confidential company-wide "town hall" teleconference about "the line" he used with yet another Chicago official, Cook County Clerk David Orr. "He accepted it completely," Blaine told employees, as he underscored the importance of keeping details of the attempted takeover confidential, and how he was being less than forthcoming about it with the company's customers...

Some 33,500 registered voters in Oregon received two ballots in the mail for this year's primary election in the country's only 100% Vote-by-Mail (VBM) state. Though Secretary of State Bill Bradbury says he's confident the problem will be handled, and that no voter will get to cast two ballots, that snafu is a small concern compared to the larger ones presented by VBM.

Many Oregonians will tell you they believe their system is wonderful, yet many of the Election Integrity advocates on the ground there, including many we've spoke with at the Oregon Voting Rights Coalition, warn that the success of the state's VBM program is largely based on good procedures put in place by Bradbury, and which they fear may disappear, as they are not statutory, when he is someday no longer the state's SoS.

In the meantime, one of the unintended consequences of the success that EI advocates have had in helping to expose the failures of electronic voting systems, is that absentee and/or VBM systems have been growing in popularity.

For the voters, they believe such systems offer a "paper trail" not available to voters using touch-screen systems at the polling place. Many are unaware that their mailed-in ballots will be scanned by the same error-prone, easily manipulated optical-scan machines which handle paper ballots for precinct-based voting. But even worse, ballots mailed in, if they arrive safely, and are counted at all, are usually counted "in the dark," versus ballots scanned either at the polls on Election Day, or at county headquarters after the close of polls when citizens are often there to watch.

It is also much harder to track such ballots. Unlike ballots cast at the polls, where sign-in rosters can be compared to the number of ballots counted, it's far more difficult to match up such numbers after ballots are dropped into the black hole that is the U.S. Postal System.

For both major political parties, particularly the Democrats of late, the control they can have over ensuring voter "turnout" under such systems, and the increased participation that comes with it, is a big plus, and one of the reasons why they've been pushing mail-in elections of late.

But for those of us who prize transparency, security, privacy, and verifiable accuracy over partisan politics, all VBM elections remain a terrible idea. Here's why...

Texas' Republican Attorney General has found that there's little or no "voter fraud" of note down there either, despite a promise two years ago, according to the Dallas Morning News, to "root out what he called an epidemic of voter fraud in Texas," and his creation of a special unit which "tapped a $1.4 million federal crime-fighting grant" to expose the election stealing rascals.

For all of his crime-fighting in those two years, across the big Lonestar State, TX AG Greg Abbott has prosecuted just 26 cases, "all against Democrats, and almost all involving blacks or Hispanics," according to the Morning News, most of which resulted in "small fines and little or no jail time."

Additionally, almost all of them (18 of 26) involved mail-in absentee ballots where elderly voters were "illegally" given assistance in mailing their ballots, versus in-person voter impersonation of the type that cynical GOP attempts to mandate draconian polling place Photo ID restrictions are purportedly meant to deter. (In reality, they are meant to deter Democrats from being able to cast their legal ballots, so Republicans can more easily "win" elections.)

Just eight of the 26 prosecuted cases, the Morning News found, out of Abbott's two-year effort, involved any kind of ineligible or manufactured votes --- only 2 actually involved individuals casting fraudulent ballots at the polls, the rest were registration fraud issues --- and none of them revealed any larger conspiratorial scheme meant to effect the results of an election.

In the meantime, critics charge Abbott has been ignoring complaints about Republican election skulduggery, and we'd be remiss if we didn't point out that nobody has bothered to prosecute Republicanist Ann Coulter, for her several demonstrable voter fraud-related felony crimes in Florida despite, dead-to-rights evidence as published by The BRAD BLOG since early 2006.

We'd also like to point out, that in addition to there not being "an epidemic of voter fraud in Texas," there is similarly no such epidemic among space aliens either. Though Ted Rall suggests we may wish to implement some new measures there too...just in case...

Guest Blogged by Michael Dean...

The software most likely to steal elections is the BALLOT DEFINITION SOFTWARE loaded onto paper-based optical-scan and DRE (usually, touch-screen) voting machines in county elections offices across the U.S. just before the machines are sealed with security tape and transported to election polling locations.

And yet, the frightening reality is that there is little or no oversight of that software itself, nor of the people --- usually sub-contractors, who could be anyone from a non-U.S. citizen, to a criminal, to a political party operative --- who program that ballot definition software. Moreover, there is little or no testing of such software, despite the fact that it stores the ballot positions for all candidates and initiatives on every ballot, on every voting machine, and tallies the votes for all of them on election day.

For all of the concerns about election fraud, via the electronic voting systems in use across the nation today, and the eye on the source code for the software itself, few seem to have their eye on the ballot definition software, which can --- even on e-voting systems where the hardware, and main program software has been tested, certified, and audited --- succeed in flipping an election without detection, either by error, or on purpose.

Concerned yet? Read on...

We don't like to make predictions, but something tells us smart money is on Obama in Oregon this week...

More photos --- and now video --- below...

Hat-tip to Pokey Anderson, who shares the above, offering us a Sunday excuse to run a few more such familiar old favorites from the annals of Hannity's America...

In case you missed it, tremendous news for democracy lovers everywhere late yesterday, as the week ended up being a very good one for the voters, for a change...

• In Missouri, GOP vote-suppressor Thor Hearne lost one, and the voters won one for a change, as the attempt by Republican legislators in the state house to pass a Constitutional amendment requiring Photo ID restrictions and proof of citizenship sure to disenfranchise hundreds of thousands of legal, registered voters went down in flames on the last day of the legislative session.

• On the federal level, GOP voter-fraud zealot Hans von Spakovsky (cue evil music), finally withdrew his nomination to the FEC, which had been blocked by Sens. Obama and Feingold. The standoff had kept the FEC from have the required quorum of commissioners needed to do business in a crucial election year. With vS out of the way, perhaps a responsible, pro-voter set of commissioners can now take their place. But we'll see. Rick Hasen has the outlook. Either way, it's another very big victory.

• In Tennessee, both houses have approved a bill to require a paper ballot for every vote cast! The bill has to go back to conference to work out one last point, but given its extraordinary success in both houses (it passed unanimously this week in the state Senate!) it's likely to be enacted quickly. This is a huge win for the tireless Election Integrity citizen heroes on the ground in TN, and a loss for the pro-machine, pro-invisible/unverifiable ballot crowd there, including Davidson County's Republican Election Commissioner Lynn Greer, who once told me, after I attended a meeting there, that "paper is the biggest fraud ever perpetrated on this country." Apparently he was serious. The good news: the responsible folks in the state disagree with him. The bad news: the requirement for paper ballots won't take effect until 2010. But we'll take what we can get!

• Finally, in Arizona, as Steve Rosenfeld, as one of my guests yesterday while I was guest hosting The Peter B. Collins Show told us, the DoJ has finally settled a lawsuit against the state where Sec. of State Jan Brewer, who once called Election Integrity advocates "anarchists" and "conspiracy theorists" has been doing everything she could, for years, to keep legitimate voters from being able to properly cast their ballots and have them counted accurately. The state has now finally agreed to follow the law (National Voter Registration Act of 1993, known as the NVRA or the "Motor Voter Bill") by performing voter registration services at public assistance facilities such as welfare clinics.

We spoke about most of the breaking good news above last night on the PBC Show (audio archive here), and will try, for the next few hours at least, to enjoy some of the great news, for a change, on several fronts in the continuing Republican War on Voting.

[Updated post show with audio archives below, and moving this item up to the top so you're sure to catch the great news, lots of it, that came in late today, as covered live on the show!]

I'll be jumping in for my friend Peter B. Collins to host the last hour of his syndicated radio show tonight at 5pm PT (8pm ET), as he'll be broadcasting from Missoula, Montana, but will be unable to do the final hour of the show, when I'm usually his weekly guest.

So...as my guests this week, splitting the hour, we'll have...

• Journalist STEVEN ROSENFELD from AlterNet, to discuss his excellent reporting of late from the front lines of the "Republican War on Voting" battlefield and the outlook for November 2008.
• Conservative icon RICHARD VIGUERIE to discuss his blistering op-ed yesterday calling for the "immediate resignation" of the GOP leadership in light of what he describes as the "looming disaster" he sees his party facing this fall as "the conservative movement has been set back 10-20 years – possibly even permanently," by George W. Bush, Karl Rove and friends.

We'll also have an update on the latest news from the MO Senate, on its final legislative day, as Republicans there try to push through a disenfranchising Photo ID/Voter-Suppression Constitutional amendment before the November election!

I'll be BradCasting live from the studios of KTLK AM1150 in Los Angeles. Though they don't carry the PBC Show (but should!), I'm much obliged for their assist. If lucky, we'll be coming atcha out of Stephanie Miller's studio, and thus plan to leave behind the wonderful smell of democracy to greet her on Monday morning.

Listen live on air, or via the Internets, and call in with your questions at 888-5-PeterB (888-573-8372)! Or post your questions here in an Open Show Thread and I'll try to notice them while on air!

POST-SHOW UPDATE: Wow...Great news all around! We'll call it Voting Rights Victories Friday! Here's the audio archives from tonight's 3rd hour of the PBC Show!

First up, Mindy Mazur of AmericaVotes.org reports the attempt by the MO GOP Senate to pass a state Constitutional amendment to allow voter disenfranchisement through new, draconian Photo ID and citizenship requirements goes down in flames, as the final day of the MO Senate legislative session ends without a vote on it, due to the outcry against the measure! Great work, guys!

Then Steven Rosenfeld of Alternet.org joins us to break the news that GOP voter fraud zealot Hans von Spakovsky has finally withdrawn his nomination to the FEC, and as if that's not enough, Arizona finally agrees to allow for voter registration at welfare clinics as they are supposed to, under the National Voter Registration Act of 1993!

Finally, the legendary and iconoclastic Richard Viguerie of ConservativeHq.com joins me, as I try to hold his feet to the fire a bit, on conservatism, Rush Limbaugh and even Ronald Reagan. He also says he's "honored and thrilled" to accept the BRAD BLOG "Intellectually Honest Conservative Award" we bestowed him with earlier this week. Feel free to hold my feet to the fire, and let me know how I did.

Broken into two parts, commercials removed for your listening pleasure...

• Mazur & Rosenfeld (appx 19 mins) MP3 download or listen online here...

• Viguerie (appx 23 mins) MP3 download or listen online here...
  

(Apologies for the late archive posting, but I was so pleased by the good news, I went straight out from the studio to celebrate by checking out my old hero's new film.)

By way of late update, MO sources tell The BRAD BLOG that the Republicans' state Constitutional Amendment to require draconian proof of citizenship and photo ID in order to cast a legal vote --- which the MO SoS reports could disenfranchise as many as 240,000 legal Show-Me State voters --- is still likely to come up for a vote today in the MO Senate, as this is the last day of the legislative session before recess.

All eyes were on developments on the floor until the early hours last night, when the Senate was still in session as of 2:30am, even as Columbia Tribune reports there may be attempts to amend the language to make the Constitutional revision more "palatable" by allowing for the disenfranchisement to not take place until 2010, instead of this November.

The Senate session is scheduled to end today at 6pm CT, and we're monitoring the situation. We hope to have an update tonight when we'll be guest hosting the Peter B. Collins Show at 5pm PT (7pm CT ).

Advocates for democracy (small "d") are still urging Missouri residents to call their Senators to ask them to vote NO on HJR48, which could be all the GOP needs to keep the important swing-state in the R column this fall! Here's the details you'll need...

Missourians for Fair Elections has much more, including breaking details, such as the late call just posted from the catholic Sisters of Mercy to oppose this legislation!

Recently related BRAD BLOG stories:

• TAKE ACTION NOW: Thor Hearne and MO GOP Attempt to Rewrite Constitution to Allow Voter Disenfranchisement
• GOP Vote-Suppressor-in-Chief Thor Hearne Deserves a Raise, Gets a Boost from the NYTimes, and Continues His Unapologetic Assault on Nuns, Vets, Students, Hurricane Victims, Married People, the Elderly, and Palsy Victims
• NYTimes Cleanses Thor Hearne's Record, Scrubs Front-Page Reference to the GOP Vote-Suppressor's 'American Center for Voting Rights'

UPDATE 5/16/08: The good guys win one for a change! Measure fails to be passed by the MO Senate before they completed this year's session! Details now here...

Wow, and this guy, Kevin James, actually gets paid to do a radio show, on the public airwaves, in Los Angeles. While progressive talkers, who actually know what the hell they're talking about, get shut out by the corporate megalopolies sucking off the goodwill teat of Government largess, allowing them to use our airwaves for free. Go figure.

No doubt, this is the very type of clueless wingnut to whom conservative icon Richard Viguerie referred yesterday, when he charged this bunch has destroyed both the Conservative Movement and the Republican party. [UPDATE: Viguerie was my guest on Friday, when I filled in to Guest Host the Peter B. Collins Show. You can listen to the interview now online here.]

Unfortunately, there are millions of Kevin James' in America right now. Which is, in no small part, why we're in the mess we're in. Glad to see one of 'em get outed, and face the public humiliation they deserve for a change. Behold...