- Special Report by Brad Friedman, The BRAD BLOG

The 400 previously rejected absentee ballots in the Coleman/Franken U.S. Senate race in Minnesota won't be the only ballots being carefully counted next week. Neither will the more than 5,000 being counted in the NY-20 U.S. House special election where (fewer than) 25 votes, out of 150,000 cast, currently separate the winner from the loser.

A hand count of thousands of paper ballots that could trump all of the above, at least in regards to national importance, will quietly occur next week in a highly-secured Maricopa County, AZ, facility, as part of a years-long criminal investigation. Ironically, coming as late as it does, three years after the election, the results of the count, no matter what they may be, will not affect the actual outcome of that election --- even if it is found that the results were originally rigged by elections officials.

After almost three years; hundreds of legal documents; scores of hours in courtrooms; precedent-setting legal findings forcing the public release of Diebold computer databases supposedly recording how citizens voted in their own elections; allegations of potential hacking and fraud believed to have been possibly carried out by election official insiders; indications of tampering described as the result of "human error" by a report commissioned by the state AG, as part of a criminal investigation subsequently described by critics as a "whitewash"; arrests of local election integrity advocates; and lord knows how many articles documenting it at all here at The BRAD BLOG over those years, the paper ballots from the curious 2006 Regional Transit Authority (RTA) election in Pima County (Tucson), AZ, will finally be counted, beginning next Monday, as part of a criminal investigation being carried out by the state's Attorney General.

The hand-count of all 120,821 ballots from that special election will be carried out not in Pima, but under the supervision of "certified professionals who work for the Maricopa County (Phoenix) Elections Department," according to a 2-page letter [PDF] sent by the AG's office to the chairman of the Democratic Party of Pima County. The "strictly-monitored" count will either settle, once and for all, the matter of whether that election was conducted fraudulently by election insiders manipulating the vulnerable electronic Diebold tabulation system --- or it won't...

In yet another Constitutionally conservative ruling, from yet another state Supreme Court, the very American values of equal protection under the law and protection of the minority against the tyranny of the majority (and against the tyranny of Big Government intrusion into private lives) have been upheld in Iowa today!

In addition to real Constitutional conservatives who should be rejoicing today, true Fiscal conservatives should also appreciate today's ruling, which is bound to be a boon to the state's economy since "There are no residency rules for marriage in Iowa, so the rule would apply to any couple who wanted to travel to Iowa."

Welcome into the light of civilized society and equality for all, Iowa! That's three states down (MA, CT and IA), with just 47 more to go!

UPDATE: As the emailed headline linking to the following article was so darn good, we just had to offer them a link for their good work: "Court Decision Deals Gay Opponents a Hard Blow"

FURTHER UPDATE: Steve Benen at Washington Monthly points out: "In recent years, four state Supreme Courts have ruled in support of same sex-marriage...And what do all four have in common? Each was appointed to their respective state Supreme Court by a Republican governor." Those darn 'judicial activists' strike again!

While out on the stump for VA's Republican gubernatorial candidate Bob McDonnell, former Gov. Mike Huckabee made an hysterical joke to the laughing assembled crowd of Republicans, instructing them to "Do the lord's work" by not letting voters to the polls if they don't plan to vote for McDonnell.

Of course, it was just a joke. Who in the Republican Party would ever do such a thing in this country?!

Well, other than the guy in the video on the right, Paul Weyrich, one of the founding fathers of the modern Republican vote suppression movement, who, until he recently died, was a regular, legendary consultant to the nation's top Republicans, and also another hysterically funny Republican Baptist just like Huckabee.

McDonnell's Democratic opponent in the VA race, former DNC chair Terry McAuliffe, wasn't laughing. He sent a letter to supporters describing Huckabee's comment as "no joking matter," noting: "People died for the right to vote in this country, and we have to protect it." Rachel Weiner has the full letter tonight at HuffPo.

Beyond that, we'll spare you the photographs of the who-knows-how-many African-Americans who not only were kept from voting in this nation by others just "doing the right thing" and "the lord's work," but who were strung up in trees by their necks in order to keep them from voting and to send the hilarious message to others that they'd best not be let out of their "driveways" come Election Day. We'd go on, but it's all just so funny, we can't even keep typing.

Perhaps one of the funniest bits ever on Colbert. If you didn't see it last night --- or Glenn Beck's multiple, recent insane breakdowns on the Fox "News" Channel --- this video is a "Must Watch"! (Video courtesy RAW STORY)...

[Update 4/1/09: Murphy's lead shrank to just 25 votes "after local election officials began double-checking totals and their math today".]

Can't you citizens make up your minds?! Please?! The NY-20 U.S. House Special Election held today to fill the vacant seat of now Senator Kirsten Gillibrand is, of course, too close to call. Big time. Sigh.

The Democratic candidate Scott Murphy leads the Republican Jim Tedisco by just 65 25 votes out of more than 150,000 votes cast at the polls (lever machines, the last state to have them), with 100% of the precincts now having reported in tonight. It would be quite a come-from-behind victory for Murphy if he's able to pull it off, as Tedisco had been leading in the polls, in the heavily Republican district, until just a few days ago.

Of course, this will all now come down to the absentee ballots cast in the race. Just like Minnesota. The NY Board of Elections must now work out a schedule for their counting, as there are still a number of days for those to come in. It's being reported tonight that some 10,055 absentee ballots went out, "including 1,882 military and overseas ballots, of which 5,907 total had been returned" so far.

As Gregg Levine at FDL noticed earlier this afternoon, in a peculiar legal move, the NY Republican Party filed a strange legal motion [PDF], long before the polls were even closed, including this pre-emptive election challenge:

That part of the motion, Levine reports in a followup was "struck out by the court on the spot". They didn't buy the old "heads I win, tails you lose" routine from the GOP, apparently.

But the last graf of Eric Kleefeld's TPM coverage of the NY-20 race tonight deserves an all-time special prize:

UPDATE 4/8/09: Over the past week, the lead has shifted back and forth several times between Murpy and Tedisco in advance of the hand-count of some 7,000 absentee paper ballots set to begin today. We've got a quick update on the week's roller coaster ride as the count gets underway, now posted here...

Just in from St. Paul, the 3-judge panel in MN's U.S. Senate Election Contest have returned to issue a ruling...

• The court's ruling is posted in full here [PDF]

Al Franken's attorney Marc Elias says: "We are pleased...Obviously, the math is going to be very difficult for former Sen. Coleman and his lawyers at this point."

Former Sen. Norm Coleman's attorney Ben Ginsberg admits: "It is pretty much of a longshot with that few ballots being put in play...We are disappointed. But we feel the court is wrong and we will appeal." During a teleconference this afternoon he strongly hinted they plan to appeal all the way to the U.S. Supreme Court, if necessary.

Earlier this week, Republican Sen. John Cornyn, chair of the Republican Senatorial Campaign Committee (RSCC) threatened "WWIII" if the Democrats seat Franken before they appeal the case to the U.S. Supreme Court, if necessary, and even if those appeals take "years."

After reviewing evidence for some 980 previously rejected absentee ballots, as submitted for consideration by both candidates, the judges found that just 400 of them met likely grounds for being opened, counted and added to the final results, though only once they are able to review the actual ballots themselves will they know for certain. They rejected Coleman's plea to use lenient standards for determining which ballots should be counted, holding instead to the strict rule of law, and allowing ballots only for possible counting if they were clearly, legally cast, according to very specific state parameters.

The judges review, they took pains to point out, was exceedingly thorough...

Due, in no small part, to the concerns expressed in our February analysis of the January draft version of this year's Election Reform bill being introduced by Rep. Rush Holt (D-NJ) in the U.S. House, along with a bit of "lobbying" his office for a key change after the publication of that article, the updated version of the bill [PDF], said by his office to be the "final" one before introduction, has been slightly --- one might even say, significantly --- improved to meet one of our major concerns.

Still, while there is a lot of much-needed reform in this federal legislation, there remain many concerns with it as well. So let's take a quick, updated look at the good, the bad and the ugly in the soon-to-be-introduced "final" version of Holt's "Voter Confidence and Increased Accessibility Act of 2009"...

There's folks to the right of Ann Coulter? Well, yeah, since Coulter is little more than a phony "conservative" opportunist (and voter fraud felon). We always enjoy it, of course, when these guys eat themselves alive. So who are we to stop them? And we're equally glad to know that the cowardly Coulter also now runs away during interviews with them on the radio, just as she did with us way back in 2005.

Here's the latest video campaign, launched by the anti-choicers on the right, wherein Coulter can't run fast enough...over and over again. As Coulter's '08 endorsed Mitt Romney is likely the closest thing resembling a "legitimate" front-runner for 2012 --- at least by GOP standards --- it'll be fun to watch this internecine fight ramp up between now and then...

(Hat-tip Wendy Norris, who has more at Colorado Independent)

I could use a toon break...

(Hat-tip, BRAD BLOG toon sherpa Pokey Anderson!)

As we wait for the 3-judge panel in Minnesota to issue their verdict in former Sen. Norm Coleman's U.S. Senate race, in which the Democratic challenger Al Franken was found to be the winner by a bi-partisan state canvassing board, D.C. lawmakers are cranking up the political battle which awaits beyond that decision, which could come any day now, and its predictable appeal to the MN Supreme Court by the loser (who will "probably" be Coleman, according to his own attorney).

Sen. "Big Bad" John Cornyn (R-TX), the chair of the National Republican Senatorial Conspiratorial Committee (NRSC), is now threatening "World War III" if the Dems try to seat Franken before a U.S. Supreme Court appeal is completed, or even a new federal suit that could be filed by Coleman in U.S. District Court if he chooses...even if those additional judicial processes could take "years"...

Tesla Motors revealed its all-electric Model S sedan last week in Los Angeles. At half the price of its Roadster model, which was $109,000, the Model S will be priced at $49,900 after tax credits ($57,400 before such credits). "After factoring in savings on gas," Tesla points out, that's "comparable to a $35,000 Ford sedan," the New York Times reports. A blog item from the Times describes the Model S as "sleek, sporty and sexy."

Tesla hopes the price tag will come down to "less than $30,000," as the price "will presumably go down as the technology improves." They plan the manufactured version to get 300 miles to a single charge, with a 45-minute recharge time.

While the company has raised millions from private investors, they need still more to be able to set up a production plant, which they plan to do in Southern California. But, for the moment, they are waiting on federal loan programs, as the credit market has otherwise locked up, according to the Times.

In the meantime, Detroit's big three automakers are also asking for federal funds and, in advance of President Obama's announcement of plans for the auto-industry, he has reportedly demanded that GM's CEO step down. So let's add one plus one here...

For you whipper-snappers out there, The BRAD BLOG is now Twittering via this link, if you'd like to keep up with the latest on your mobile phone, or however, you enjoy being tweeted.

We are also now available via Amazon's cool new wireless Kindle reader. A Kindle subscription to The BRAD BLOG is $1.99, and allows you to keep up with things here from anywhere (presuming you can afford the Kindle 2's still-high $359 initial price tag, in any case, which we can't.) You can watch a quick 2-minute Kindle demo video here, if you're curious.

See ya from...out there...Oh, and P.S.: Big thanks to the great Ray Beckerman for setting us up at Twitter!

UPDATE 3/31/09: Josh Marshall has some interesting thoughts on the Kindle and on the future of carbon-based books in general...

- Brad Friedman, The BRAD BLOG

"I follow the vote. And wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to...make bad things happen," CIA cybersecurity expert Steven Stigall explained, in a stunning presentation to a U.S. Election Assistance Commission (EAC) field hearing held one month ago in Orlando.

As initially reported earlier this week by Greg Gordon at McClatchy, "Stigall said that voting equipment connected to the Internet could be hacked, and machines that weren't connected could be compromised wirelessly. Eleven U.S. states have banned or limited wireless capability in voting equipment, but Stigall said that election officials didn't always know it when wireless cards were embedded in their machines."

"The CIA got interested in electronic systems a few years ago," Gordon reports Stigall as explaining at the EAC hearing, "after concluding that foreigners might try to hack U.S. election systems."

But as disturbing as Stigall's presentation was, what's almost as disturbing is that it took more than 11 days, McClatchy's coverage, a number of FOIA requests from VotersUnite's John Gideon (a frequent guest blogger here), and a couple of articles from BRAD BLOG alum, Michael Richardson of the Examiner (his coverage is here and here), before the EAC finally released the complete transcript of the meeting [WORD], including Stigall's remarks.

"The presenter did not provide the presentation, 'Computers and Elections: The Growing Potential for Cyber Vote Fraud', to the EAC, so we have no materials responsive to your request," Gideon was told in response to his Freedom of Information Act (FOIA) request to the EAC, as reported by Richardson. "We received the transcript on March 16, 2009, and it will be publicly available in the next few days."

As of last night, 10 days since the EAC admits they received the transcript of their own event which had taken place 20 days earlier, they had neither sent it to Gideon in response to his request, nor posted it on their website. As of this morning, a month since the hearing, it's finally up on their website, thanks in part, no doubt, to the pressure brought on the EAC by the public to do so. Even then, Stigall's remarks are not posted separately, as other presentations are, but rather, one has to go looking for the full transcript of the actual event to find it. So why both the delay and obfuscation from the famously dysfunctional (a nice way to put it) federal agency? Make your own best guesses, since there is no official explanation for the moment.

Happily, there were others at the meeting who had transcribed the CIA cybersecurity expert's startling remarks --- decimating the idea of supposedly "secure" e-voting --- independently, who then helped to bring it to the public's attention. Clearly, the strongly pro-e-voting EAC had/has little intention of doing so themselves.

Stigall's presentation, and we've got much more of it excerpted below, include a passel of disturbing thoughts. Many of them we've tried to impart on these pages for years, including comments which point up the dangers we've tried to warn about concerning pre-election voting machine "sleepovers" at the houses of pollworkers, and more indications of the dangers of Sequoia Voting Systems clandestine, on-going relationship with the Hugo Chavez-tied Venezuelan e-voting firm Smartmatic, as we reported exclusively here one year ago --- to little interest from the corporate media, despite Sequoia's claims to federal investigators that they had severed all ties with the firm...

It's been a bad month for Diebold (DBD), what with the findings in CA that their voting machines drop votes and their audit logs allows deletion of records; their admission that all of their voting machines fail to record ballot deletions, and that their ATMs were hacked, likely by insiders, just to point to a few of their recent embarrassing headlines.

But things are getting still worse by the minute, it seems. This, from Cleveland's Plain Dealer today:

There are more details at the Dealer (though caution is advised: most of their reporting is based on statements given by Diebold, so bring plenty of grains of salt!).

That said, The BRAD BLOG broke an exclusive story, in August of 2007, concerning a mass sell-off by 10 Diebold officers who had all managed to unload hundreds of thousands of dollars' worth of stock, each on the very same day on Aug. 7th, when the share price was near an historic high. It fell quickly and preciptously thereafter (15% in the next week alone) following news of Diebold spinning off its election company into a "new company" named Premier Election Solutions.

The largest sale of stock made on that day, Aug. 7th 2007, was by Kevin Krakora, the CFO who stepped down today. He had sold $167,107 worth of stock (3,150 shares) at the near-historic high of $53.05 per share.

Diebold stock plunged in value more than 50% over the next several months, following the mass Aug. '07 selloff. It's been falling ever since, with one exception in March of 2008 when United Technologies Corp. (UTC) attempted an unsuccessful takeover of the company. The stock shot up momentarily on that news, but has been largely falling again ever since.

Shares of Diebold closed on Wednesday at $21.53, down 5.4% on the day. The last time the stock was at that bargain basement price was prior to George W. Bush's "election" (aided in part, by the way, by a Diebold tabulator in Volusia County, FL, which gave negative 16,022 votes to Al Gore --- an anomaly which has never been explained by anyone).

We couldn't tell you whether the news of Krakora's stepping down today has anything to do with our coverage of the questionable insider trading in August of '07. Or whether it stems from other questionable Diebold activities --- they've been facing a class-action securities fraud lawsuit from shareholders since 2005; under SEC investigation since 2006; and under DoJ investigation since 2007; and admitted overstating '07 earnings in early 2008.

But if we helped in any way, you're welcome, America!

Since I first covered the story of the arrest of election officials (including a circuit court judge, the county clerk, the school superintendent and other members of the county elections board) in Clay County, KY, for buying and selling votes, as well as manipulating votes on electronic voting machines without the knowledge of voters, folks have been asking about the political affiliation of the conspirators and whether they were working on behalf of any particular political party.

The subject came up, as well, while I was on the Mike Malloy Show last Friday discussing these arrests, as they had just come to light.

You can download the MP3 of that interview, or listen to it online here (appx. 17 mins)...

While the federal indictment [PDF] notes that a number of those involved in the cabal appear to be members of the local Democratic Party, the scheme also involved at least one conspirator who served as the Republican Party's polling place judge at one of the precincts. Clay County is also a heavily Republican county.

On this point, a commenter who wrote in to respond to last week's article, who claims to be "from Clay County" and to know "each of the people arrested," writes that "ALL of the eight arrested this week" were actually Republican. "They registered as Democrat and took leadership roles in the local party to control precinct officer seats, ensuring all officers at the precinct were hand picked." I can't yet confirm that fact, but that reader's comment is posted in full below, with another one from a Kentucky writer, as both contain some helpful background.

Of course, it could still very well be the case that the crooks were Democrats at work. Either way, from what I'm able to understand about the scheme so far, it seems that it was more about personal power and financial enrichment than anything else. If they were Democrats, they don't seem to have been particularly successful in affecting Democratic wins in their county, even though their scheme was "successful" enough to be repeated election after election and year after year. At the heart of their scheme, after all, was bribing money out of candidates in order to be placed on a "slate" that the cabal would then help to get elected.

As the commenter suggests, it could well be that these "Democratic" officials were only signed up as such in order to affect primary elections (in order to ensure the weakest possible "D" candidate, for example) or even in hopes of adversely affecting general elections as "Democrats," secretly working on behalf of the Republican Party.

I've been unable to learn the party affiliations, yet, of the candidates who paid to be on their "slate," which, once we learn that, could be somewhat instructive. Maybe. But until then, a major point that I'd to make in any case: I don't really care what their party affiliations were.

Here's why...