The soon-to-be-indicted lead pusher of the disastrous Help America Vote Act (HAVA), Rep. Bob Ney (R-OH) had his primary race in Ohio's 18th District tonight. While most congressmen named in four different criminal indictments and convictions would usually be toast, this is, after all, Ohio.

That said, Justin Rood over at TPM Muckraker, had this to say earlier this afternoon about the outlook for Ney tonight...

100% of the results are now in from all but 1 of the 16 counties which make up Ohio's fightin' 18th. (Belmont County's results have been stuck at 25.3% for the last several hours, about which I suspect we'll hear more tomorrow. Trouble with those pricey new op-scan machines, Belmont?)

As of 2:13am ET, these are the results from the Ohio SoS website:

If Giroux is correct, it looks like Ney may be in for a tough ride this fall...If he makes it that far without ending up in the slammer.

UPDATE 5/3/06: 100% of counties now reporting in full. Ney: 68.38% Harris: 31.62%

UPDATE 5/4/06: As expected, the reasons for the delayed reporting out of Belmont was due to all manners of mess in counting votes off of their new machines. Here's a description of the mess..

The meltdown continues.

Cuyahoga County Election Director (and former Diebold proponent), Michael Vu, described Diebold's performance yesterday as "unacceptable" after problems were revealed all across the county in the state's Primary Election.

The panoply of problems included failed Diebold machines, lack of working power outlets and three-prong adapters for them, machines unable to start up, voters unable to vote, paper jams on the "paper trail" printers, and 17,000 absentee ballots that must now be counted by hand because they don't work with the Diebold optical scanners.

All of it now leading to investigations, as called for by Elections Officials. And, of course, there was the 61-year old voter who destroyed two Diebold machines out of apparent frustration.

With all of that, who even knows yet if the tallies acquired by the machines that did "work" are actually accurate?

WKYC covers with a video report here.

Below is just some of the extraordinary litany of problems revealed during elections in just that one county yesterday according to WKYC. We wish someone had warned them of the possibility of such problems in advance...

From the Pine Bluff Commercial...

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CORRECTION:
As you'll see below, in the flurry of today's breaking Primary Day news we had originally reported the above as having occurred in Jefferson County, Texas, as opposed to Jefferson County, Arkansas. The information following, concerning the problems in Jefferson County, TX, are still accurate, however, in regards to what happened in that Texas county, which also mirrors the problems as reported above in Jefferson County, Arkansas. Nonetheless, the original headline for the story, referring to Texas, was inaccurate. It should have said Arkansas, and we've now made that correction. The BRAD BLOG regrets the error.
===

As regular readers know, The BRAD BLOG has been extensively covering the E-Voting meltdown issues, with a particular eye towards the failure of ES&S, America's largest E-Voting vendor.

Texas, in particular, has been a mess of late. See our previous coverage of the ES&S meltdown in the state where the Secretary of State has instructed to create "emergency paper ballots", purchase storage containers for them, and extra staff to manually hand-count them.

Jefferson County specifically had previously tried to withhold payment from their vendor, ES&S, after enormous failures by the company during the county's March 7th primary. Reportedly, however, they were strong-armed by ES&S and told they would not program machines and ballots at all for the upcoming runoffs if payment was withheld.

We are hearing quite a few reports of similarly thuggish behavior, threats and tactics from ES&S and hope to have more details in a future report.

Unfortunately, States and Counties have sold off their public responsibility to carry out accurate and transparent elections to private corporations to whom they are now entirely beholden. On one side, there are the failing private Voting Machine Vendors, and on the other side, the U.S. Dept. of Justice threatening to sue when states and counties don't comply with the Help America Vote Act (HAVA) which kicks in this year.

Of course, as we've reported previously, it's the voters who are paying the real price for their democracy vanquished.

It's Primary Day in Ohio (and several other states) and, as we've been warning for some time, the meltdown is under way. This report in earlier, as with our previous report, from Akron's NewsCenter5...

More...

Just coming in from News Channel 5 out of Akron...

The report didn't specify, but the machine in question, and in the photos, was a Diebold AccuVote TSx (touch-screen) system. Look, people, those machines don't work anyway! Even when they're not smashed!

As today is Primary Election Day in Ohio, we'll do our best here at The BRAD BLOG, of course, to keep you up to date with any other "breaking news" out of the Buckeye State.

More photos...

UPDATE 5/3/06: WKYC has a video tape report. Apparently the man damaged at least two of the Diebold voting machines.

Our Electoral System is supposed to be open and transparent and accurate. Our democracy is worth fighting for and, if you believe the politicians in D.C., worth sending our troops to fight and die in order to spread around the world. The Help America Vote Act (HAVA) amongst other things, is supposed to help disabled voters vote in private and on their own. All of these things, I believe Arizona's Secretary of State, Jan Brewer would probably agree with. And yet, she seems to have a very different belief about how to ensure the integrity of our democracy at home and how disabled voters should be treated.

Therefore, I am inviting her to a public debate on the matter. I will travel to Arizona on a date of her choosing to accommodate her schedule. Tickets can be sold to the events, and all proceeds will go towards supporting our troops from the Iraq and Afghanistan Wars for a charity which builds accessible housing for the most severely disabled of them. More on that below.

I appeared on the Jay Lawrence Show over the weekend on KTAR Newsradio 620 in Phoenix. (Link to full audio from the show at bottom of this article.)

Lawrence, and the entire station, are very rightwing. Nonetheless, to his credit, Lawrence is very concerned about the non-partisan crisis in our 2006 Electoral System vis a vis the proliferation of Electronic Voting Machines in the wake of the HAVA. This was my second time appearing on his show.

This time around, he attempted to invite his friend Jan Brewer to join us for a discussion on these important matters. Brewer has recently come under fire for her decision to bring Diebold systems into the state even after they were proven to be hackable in Leon County, Florida late last year. They were then confirmed to be even more unsecure than previously realized by an independent study [PDF] commissioned by CA Sec. of State Bruce McPherson (a big Diebold supporter himself) after the security vulnerability was discovered in Leon County.

Lawrence said during the show that he had personally discussed some of these matters with her at a speech not long ago and learned that, apparently, she's no fan of The BRAD BLOG. As Lawrence reported during the show...

Of course, Brewer, despite many previous appearances on Lawrence's show, turned down the invitation to show up and discuss the matters along with me. She did, however, send a spokesperson instead who agreed to appear only if he would be allowed to do so without being questioned by me.

So at the bottom of the hour, after I'd been on for the first part by myself with Lawrence, SoS spokesman/attorney --- and, I've since learned, State Elections Director --- Joe Kanefield came on for a few minutes while I was made to sit on hold. Kanefield to tell several untruths to Lawrence and his listeners, to suggest that I have been "spinning" these issues, and then he scrammed before I was allowed to come back on the air to question or challenge his assertions "face to face."

During his drive-by appearance, Kanefield said that he's "absolutely confident" that Arizona's untested voting systems are "rock solid". But for an idea of just some of the misinformation and untruths that he gave to Lawrence and his listeners (while I was unable to respond) consider this exchange concerning the Leon County hack, and the statement The BRAD BLOG was able to receive from the Leon County Election Director, Ion Sancho himself, in response to it...

As John Gideon asked in today's Daily Voting News, why is it that the Financial Times of London is reporting on our nation's electoral meltdown this year, while the national mainstream media in America couldn't seem to care less?

The rest of the piece covers much of the territory --- the lawsuits, the ES&S failures, the Dieobld hacks, etc. from all over the country --- that we've been covering here over the last several weeks in regard to our approaching E-Voting "train wreck". You know, the one that we've written article after article about, complaining that the local media is reporting the stories as if they are solely local problems, while both they and the national media fail to connect the dots which clearly show that these problems are happening everywhere...and on a massive scale.

FT even bothers to mention the almost completely ignored (by the mainstream corporate media in this country) GAO Report on electronic voting which we first broke here, and then waited and waited as every national newspaper and wire service in the country completely ignored it.

FT even managed to advance the story a bit! Go figure!...

Well, heck, how hard was that?! Thank you, FT!

Oh, well. To paraphrase what they say about Vegas...What's reported by the The BRAD BLOG, stays on The BRAD BLOG.

At least until it's picked up by a respected foreign media outlet.

From Charlie Savage in today's Boston Globe...

I began to try and pick and choose a few grafs to highlight from this extensive article. Upon reading it in full, however, I was generally so sickened I had no idea where to start.

Suffice to say, that --- unless someone can offer some alternative view to the situation about which Savage adeptly reports --- those so-called "Bush Haters" who've been saying for years that we are on a clear trajectory, hurling towards full-blown tyranny and/or fascism and/or dictatorship, were far more correct than I'd ever given them credit for.

Without some mitigating information in reply to Savage's work, the article suggests we are in a gravely serious Constitutional Crisis in this country. Far above and beyond what I believe has generally been understood. At least by me.

Please read the full article...

(A non-registration-required version here.)

It looks like The LA Times dropped "The Boondocks" some weeks ago --- we noticed no explanation given --- even while they continue to Fox "News"-ize themselves and add insipid, unfunny, and disinformative "comics" like "Mallard Fillmore" to their line-up. What the hell is up with that?! We guess they prefer to ensure their circulation keeps dropping. (letters@latimes.com)

UPDATE: Several readers have written to let us know that The Boondock's creator Aaron McGruder is on sabbatical. Darrin Bell, Candorville's creator, confirms in an email he just sent us:

That's good news. In the meantime, at least they still carry "Candorville". For now...

Another one follows...

Editor & Publisher has more...

Crooks & Liars has the second half of the video (wherein Bush pats Colbert on the shoulder on the way out without saying a word.) We'll see if we can get the whole thing soon.

UPDATE: Complete text transcript of Colbert's presentation, along with links to the full video both available here...

UPDATE: Colbert's entire presentation as streaming video now available here...

Washington Post is reporting today...

As long as the investigation is widening into Ney's wrongdoing with Abramoff and friends, might we suggest the prosecutors look into this part of it.

Thanks!

Rush Limbaugh today became the latest in a long line of arrested Republicans smiling for their mugshots, though he made a deal to avoid being "sent up" unlike the little people who can't afford the expensive attorneys that he can. From AP...

It's not about the sex drugs, it's about the lying.

Additional coverage:
-- RAW STORY...
-- CBS News...
-- Sun-Sentinel...

It looks like old Rush is gonna have to think about much more than just Florida drug rehab programs at this point! Sounds like he needs to be, to use his words, "convicted" and "sent up". That might be rehab for us all!

Neil Young's new protest album, Livining With War, which includes "Let's Impeach the President" and other anti-war/anti-Bush tunes, is now released for listening online at NeilYoung.com.

It's also available, if you have any problem streaming from Young's site, at Justice Through Music (their version is handy, since it also allows you to pause listening, if needed.)

Jim Cirile provided an exclusive early preview of the album for The BRAD BLOG last weekend. Feel free to leave us your review here in comments!

UPDATE: "LET'S IMPEACH THE PRESIDENT" ONLINE HERE
Though we recommend listening the whole album, as you're required to do on the Neil Young site, etc. (we've now done so twice and the whole thing kicks ass), here is a streaming version of "Let's Impeach the President" only...

"Let's Impeach the President" in Streaming Flash format...

Care to sing along?

Let's impeach the president for lying
And leading our country into war
Abusing all the power that we gave him
And shipping all our money out the door
He's the man who hired all the criminals
The White House shadows who hide behind closed doors
And bend the facts to fit with their new stories
Of why we have to send our men to war...

Complete lyrics here...

"Schoolhouse Rock has taught generations of Americans how a bill becomes a law," says Rep. " said Rep. Fortney "Pete" Stark (D-CA), the ranking Democrat on the U.S. House Ways and Means Health Subcommittee in a press release just issued by 11 U.S. Congressmen.

"As most school children can attest," Stark says, "a bill is just a bill on Capitol Hill until it passes both the House and Senate in identical form and is signed by the President ? or Congress overrides his veto. I'm sorry we've had to resort to this lawsuit, but I am committed to protecting our democracy."

11 ranking Members of the United States House of Representatives will be filing a law suit in U.S. District court on Friday, The BRAD BLOG has learned, seeking a permanent injunction of "Deficit Reduction Act" which George W. Bush signed into law on February 8th of this year, despite its not having passed both houses of Congress.

The BRAD BLOG has obtained an exclusive copy of the suit to be filed tomorrow by Congressman John Conyers (D-MI) and 10 other Democratic law makers, as well as a timeline of the events in the matter as compiled by the House members.

-- COMPLAINT IN FULL [WORD format].
-- Timeline of the events [WORD format].

"On February, 8 at 3:43 p.m.," the complaint alleges, Bush signed a bill that "never was passed by the United States House of Representatives."

The difference in the language of the House and Senate bills, is a clause requiring Medicare to cover rent for "certain durable medical equipment." The version of the bill pased by the House requires payments for 36 months. The Senate version requires payments for only 13 months.

The difference in the cost of the federal outlays for the two different versions is said to be approximately $2 billion.

The two houses of Congress were never able to pass a joint version of the bill, and yet, House Speaker Dennis Hastert (R-IL) and President Pro Tem of the United States Senate, Ted Stevens (R-AK), "signed a statement attesting that the bill signed by the President had been passed by both the United States House and the United States Senate."

"Once again the Administration is playing fast and loose with the Constitution," Conyers says in a Press Release (posted in full at the end of this article).

"Anyone who has passed the sixth grade knows that before a bill can become a law, both Houses of Congress must approve it. That the Bush Administration is now saying otherwise underscores the Constitutional crisis we are facing in this country."

Several other members were equally clear in the press release which excoriates the Bush Administration for yet another Constitutional transgression.

Says Rep. Bennie Thompson (D-MS), Ranking Member of the Homeland Security Committee in the release: "Time and time again the President has sought to discard the Constitution as if it were an old shoe."

Congressman Charles Rangel (D-NY), Ranking Member of the Ways and Means Committee is quoted as saying, "the Constitution is clear --- legislation signed by the President must be passed by both the House and the Senate. In allowing the President to sign a bill that was not passed by the House, Congressional Republicans made a mockery of the legislative process."

The "FACTS" section of the complaint explains the matter quite clearly...

On Monday, Texas Director of Elections Ann McGeehan sent a letter to all state Election Officials authorizing them to create "emergency paper ballots" in light of statewide failures by Election System & Software, Inc. (ES&S) to provide ballots in time for the state's upcoming May 13 Runoff Elections, The BRAD BLOG has learned.

Early voting begins on Monday for those elections and counties across the state do not yet have ballots and, in many cases, programming for their optical-scan and touch-screen voting machines. ES&S has contracts with more than 140 Texas counties.

McGeehan has instructed officials to create and number their own paper ballots, secure boxes to store them in, and hire additional workers to manually hand count ballots as an emergency procedure to deal with the rapidly deteriorating situation.

The letter from McGeehan (posted in full exclusively at the end of this article) --- which does not mention ES&S by name, but refers to the Omaha, Nebraska-based company only as "a certified voting systems vendor" --- was sent in response to complaints from officials around the state that "programming media or, in some cases, your ballots" had not been received yet by officials.

In a statement to the San Antonio's Express-News this morning, Bexar County Judge Nelson Wolff says, "It sure is exasperating...We are looking at avenues to hold them responsible for this." Bexar County is just one of more than 140 in Texas with whom ES&S has contracts.

"They made their priorities," Wolff says, "and I think Texas certainly wasn't one of them."

The BRAD BLOG has also received statements from officials in other states who were still more direct in expressing their frustration with the company's business practices now being described by some as including "coercion" and "threats."

This most recent embarrassment for ES&S, the country's largest Electronic Voting Machine Vendor, is just the latest in what has now become an epidemic string of failures to meet contractual obligations in scores of states and counties across the country. The BRAD BLOG has reported on many of these troubling problems in a long series of articles in hopes of connecting the dots of those failures to illustrate and warn of the rapidly approaching E-Voting train wreck.

So far, both the mainstream corporate media, as well as many elections officials across the country have --- to the delight of ES&S --- failed to notice the remarkably clear pattern of delinquency and failure the company has demonstrated time and again across the nation in recent weeks and months.

Texas was plagued, during their recent March 7th Primary Election, by a host of failures in voting equipment made by both ES&S and Hart InterCivic, another voting machine vendor certified to do business in the state. Those failures on Election Day led to a statewide Election Contest filed by a former Republican Supreme Court Justice after tabulators failed and electronic ballots were misprogrammed and miscounted.

In Jefferson County, TX officials threatened to withhold payment after the debacle until their machines were fixed by ES&S. The company, however, answered by reportedly refusing to program the machines at all for the state's upcoming Runoff Elections unless payment was made in full. The county, in a bind, was forced to comply with the strong-arm tactics.

And now, with new elections just weeks away, officials all over the state are finding themselves --- like many other states across the country --- without the promised ballots from ES&S and scrambling for alternative solutions. Election Director McGeehan describes the situation as "completely unacceptable." Writing in her letter to Election Officials, she says:

In the letter, McGeehan goes on to explain that officials should crate "emergency paper ballots" by either creating their own, or using "PDF format to print copies of the ballot" in cases were "proofs" had been previously supplied by ES&S.

Instructions are included for number and initializing thousands of ballots by hand:

Further, officials are instructed that they may have to manually hand count ballots that would otherwise be counted by either optical-scan systems or recorded by touch-screen voting machines.

They are also told to create boxes for the ballot storage and find people to count them. McGeehan writes...