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By Brad Friedman on 11/13/2012 10:52am PT  

While we've been watching the situation, and talking about it on radio over the past week, here at The BRAD BLOG we've yet to have time to cover what's going on in Arizona --- most acutely in Maricopa County (Phoenix) --- where some half a million ballots remain untallied a week after the election when many Hispanic voters who thought they were registered to vote, were directed to cast a provisional ballot instead...for some reason.

Under Arizona law, those voters have until Wednesday to show up to the County Clerk's office with ID to prove they are who they said they were when they cast their ballots last week. The approximately 486,405 uncounted ballots across the state include 307,620 early ballots and 178,785 provisionals. That's 1 out of 4 ballots cast across the state still not included in the results, to date.

In the bargain, a whole bunch of Arizona races --- including their U.S. Senate race, a number of U.S. House races, and several state and local races --- remain officially "undecided" at the moment and/or could see their currently announced "winners" become losers.

The DoJ's Civil Rights Division, according to TPM, may, or may not, be keeping their eyes on the situation there.

The Hispanic community in the state, thankfully, is not taking this one sitting down...especially not after standing in line for hours just to cast their vote, or, in this case, provisional ballots that may or may not be counted. They have been surrounding the Maricopa County Clerk's office in a 24 hour vigil, and phone-banking to call those who were forced to vote provisionally, to let them know they need to get back to the Clerk's office ASAP to try and assure their vote actually gets counted.

This is among the darkest sides of the GOP's War on Democracy that we've been covering all year (for many years, actually) and the shameful battle continues at this hour. We may have more details in the days ahead (on this, and other uncounted ballots and undecided races in other states as well), but, for now, Rachel Maddow did a great overview on MSNBC last night, of the assault on democracy currently being played out in Arizona...


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Republican West gains 500 votes after memory card 'issue' on Diebold op-scan systems prompts partial re-tally in St. Lucie County
West and supporters cry foul, charge election being 'stolen'...
By Brad Friedman on 11/12/2012 12:34pm PT  

On Sunday, election officials in St. Lucie County, Florida re-tallied votes from the last three days of Early Voting, citing what county officials described cryptically as "an issue with the memory cards that record the ballots when they're fed through the machines originally."

Among the races which saw a partial re-tally of paper ballots, as they were sent through the same optical-scan systems which scanned them the first time, was the contentious and very close U.S. House race in Florida's new 18th Congressional district. As The BRAD BLOG reported in detail late last week, Democratic candidate Patrick Murphy was said to have been leading Republican Rep. Allen West in the race by a very slim margin --- just .78% at the time --- after initial Election Day tallies in all three counties which comprise the new district. The extreme and often extremely controversial, far Rightwing West currently represents Florida's 22nd District, but is now running in the new, redistricted 18th.

Following Sunday's re-tally, both candidates reportedly lost votes. West lost 132 votes while Murphy lost an extraordinary 667, for an overall pickup by West of some 535 votes.

On Friday, Murphy was said to have been leading West --- whose attorneys have already been in court, unsuccessfully demanding that voting systems and paper ballots be immediately impounded --- by just 2,456 votes out of approximately 318,000 tallied at the time.

After Sunday's partial re-tally, Murphy is still said to be leading West, according to the Florida Division of Elections website, but by just 1,907 votes. The current .58% margin of difference puts West just barely outside of the .5% margin that would trigger an automatic "recount" (albeit by the same faulty machines) in the state of Florida.

In our report on Friday, supporting West's demand for a hand-count of all paper ballots in the race, we detailed the three different electronic tabulation systems used in each of the counties --- St. Lucie, Martin and Palm Beach --- which now comprise FL-18, and how each of those systems have a long track record for failure during elections, mistallies and the ability to be easily manipulated by both hackers and election insiders alike.

Following the partial re-tally on Sunday, West's attorneys and supporters were predictably outraged and claiming, without presenting any actual evidence to support them, that "liberals" and/or St. Lucie's Supervisor of Elections Gertrude Walker, a Democrat, was attempting to "steal" the race...

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The year of rampant GOP election and voter fraud continues...
By Brad Friedman on 11/9/2012 2:16pm PT  

Last Saturday, we told you about a rare case of polling place voter fraud, when a Republican voter attempted to vote twice in Nevada during Early Voting in the state. Appropriately enough, she was quickly arrested and taking into custody by the FBI. Nevada's system of preventing double-voting at the polls worked well and efficiently, it seems, despite the woman's deluded, disinformed, Fox "News"-fueled belief to the contrary.

Now, however, 56-year old Roxanne Rubin, the woman who was arrested when she showed up for work at the Riviera hotel-casino last Friday for her attempted voter fraud, is reportedly claiming that she was just "testing" the system.

And she's not the only one. On Election Day, another Republican, this one a party-trained poll watcher, was detained in New Mexico after claiming to have been "testing" the system by obtaining a second ballot.

Ironically, after years of false allegations of "Democratic voter fraud" by the GOP and their minions, it has been Republicans this year who have been found defrauding the system in state after state, in case after case. They are failing their own "test"...

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By Brad Friedman on 11/7/2012 7:36pm PT  

Today on my KPFK/Pacifica Radio show: My take on what did and didn't go right and wrong during yesterday's 2012 elections --- there was plenty of each --- and what now needs to be done about it all.

Plus, investigative journalist Bob Fitrakis from Ohio's Free Press on OH Sec. of State Jon Husted's secret, uncertified, "experimental" software installed on vote counting systems in 39 counties just days before the 2012 election, and Fitrakis' state and federal lawsuits to try to block it...

Download MP3 or listen online below [appx 58 mins]...

Now, if you don't mind, I'm going to nap for a while. Need it desperately. But lots to do. So, back soon...

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By Brad Friedman on 11/6/2012 11:59am PT  

Well, imagine that, the very first reported fraud of Election Day 2012 appears to have been committed by the supposedly anti-fraud, Rightwing "election integrity" group, True the Vote, in Ohio. Their election observers poll-challengers, as Plunderbund reports, "will not be allowed in Franklin County polling locations" today after they appear to have forged signatures of their very own volunteers...

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Idiotic Update: Machine 'fixed' and put back online...
By Brad Friedman on 11/6/2012 11:15am PT  

This seems to be the first official video of touch-screen vote-flipping 2012, reportedly captured today in Pennsylvania, where elected officials so disrespect their own voters that they still force almost all of them to vote on these 100% unverifiable systems...

Congrats, and thank you to the voter who was wise enough to capture the problem on his video cell phone! He described the problem this way on the YouTube page where the video was posted:

I initially selected Obama but Romney was highlighted. I assumed it was being picky so I deselected Romney and tried Obama again, this time more carefully, and still got Romney. Being a software developer, I immediately went into troubleshoot mode. I first thought the calibration was off and tried selecting Jill Stein to actually highlight Obama. Nope. Jill Stein was selected just fine. Next I deselected her and started at the top of Romney's name and started tapping very closely together to find the 'active areas'. From the top of Romney's button down to the bottom of the black checkbox beside Obama's name was all active for Romney. From the bottom of that same checkbox to the bottom of the Obama button (basically a small white sliver) is what let me choose Obama. Stein's button was fine. All other buttons worked fine.

Of course, this same sort of thing has happened every single election since 100% unverifiable touch-screen voting was forced on Americans ten years ago or so, but when it was first heavily reported by Democrats as having happened in 2004 all across the country, Republicans (and elections officials of all parties) called them "conspiracy theorists" and sore losers. Here's just a couple of examples caught on video from 2008. I've even written an entire chapter for Sonoma University's Project Censored book, Censored 2010, about the largely unreported nationwide vote-flipping epidemic during the 2008 election.

This year, it's been the Republicans who have finally decided, wisely, to be concerned about it. Last week, the GOP sent a letter [PDF] to top election officials in six different states, offering bad advice to them about what they should do, after a few unconfirmed complaints of touch-screen votes flipping from Romney to Obama were reported.

We briefly reported on the matter a few days ago this way:

We've only seen a few reports of this, but don't necessarily doubt it. While, historically, most touch-screen votes flip away from Ds, we've seen reports of them flipping to Ds on a few occasions as well. Either way, these systems are 100% unverifiable (with or without a so-called paper trail print out, as some have) and should never be used in any American election. The GOP has sent their letter to Secretaries of State in NV, OH, KS, MO and CO, and the Executive Dir. of the Election Board in NC. Three of those folks are Ds, three are Rs. The letter requests that they "Make arrangements for additional technicians on Election Day in case of increased calibration problems." Of course, when machines flip votes, they should be taken out of service, not re-calibrated when they are in "Election Mode" and most sensitive to manipulation. The letter also foolishly asks for signs to be posted warning voters to "double-check that the voting machine properly recorded their vote", which is, with these sorts of machines, scientifically impossible.

Fortunately, it's being reported that the machine seen above has been taken out of service, rather than re-calibrated as so often happens, and as the GOP stupidly requested be done in such instances.

[Update: Mother Jones is now reporting that PA Dept of State officials are saying "they recalibrated the machine, did a test run, and put it back online." That's the dumbest thing they could do. Wonder who "fixed" it?]

All of that said, last night we offered several tips for voting today in ways that might help maximize the chances of your vote being counted and counted accurately. We included these quick tips on WHAT TO DO IF YOUR VOTE FLIPS ON A TOUCH-SCREEN MACHINE:

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The BRAD BLOG obtains today's filings in Fitrakis v. Husted
UPDATE: Motions for TRO denied in both federal & state court, but state judge would reconsider if subsequent evidence of election tampering emerged...
By Ernest A. Canning on 11/5/2012 10:06pm PT  

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...

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A 'BRAD BLOG Intellectually Honest Conservative Award' winner!
By Brad Friedman on 11/5/2012 4:52pm PT  

Wow! We've got a new winner of the much sought, if incredibly rarely bestowed "BRAD BLOG Intellectually Honest Conservative Award!" It's so rarely bestowed, in fact, that it seems like several years since we've found anyone to bestow one upon for some odd reason...

Via Tal Kopan at Politico...

Former John McCain 2008 presidential campaign adviser Steve Schmidt said in an interview Monday that voter fraud is not a serious problem in U.S. elections, despite conservatives' extensive talk of such a threat.

"It's part of the mythology now in the Republican Party that there's widespread voter fraud all across the country. In fact, there's not," Schmidt said on MSNBC
...
"And, so, I think that all of this stuff that has transpired over the last two years is in search of a solution to a problem --- voting fraud --- that doesn't really exist, when you look deeply at that question," Schmidt said.

Here's the short clip. Try to ignore the remarkably daft Chuck Todd when you watch it...


Might have been nice if Schmidt had said something about this earlier, for example when his old boss, during a 2008 Presidential Debate falsely claimed that ACORN was "perpetrating one of the greatest frauds in voter history in this country, maybe destroying the fabric of democracy." Or when his party was on a tear passing purposely disenfranchising polling place Photo ID restriction laws in advance of this year's Presidential election.

Nonetheless, so desperate are we to find an Intellectually Honest Conservative out there somewhere, anywhere, that we'll even generously overlook all of that today and simply say: Congratulations, Mr. Schmidt! And thank you!

P.S. For those new to The BRAD BLOG, please note that "voter fraud", which is exceedingly rare, especially by voters at the polling place, is not the same as "election fraud" by insiders who are able to game the system via manipulation of things like voter rolls and electronic vote tabulation systems which can be manipulated in a matter of seconds to flip the results of an entire election with little possibility of ever being detected. You're welcome.

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By Brad Friedman on 11/5/2012 2:41pm PT  

Here come the dirty tricks. This one courtesy of Ohio's Plunderbund...

An Obama volunteer in Greene County reports some mysterious canvassing activity whereby people are coming by asking if the resident has voted and if not offering them the fraudulent ability to vote in their doorway via an iPad.

The story was relayed to us by Obama campaign volunteer Anita Dobrzelecki, who says she was calling committed Obama supporters to confirm they had voted. She reached a woman who said she had not, but that she “wanted to vote like my fiancée voted.”

When asked, the young woman said that a man came to her fiancée’s door and asked if he had voted. When he answered no, he was asked who he wanted to vote for. He answered Obama. The man at the door says “Great! You can do that right now” and presented an iPad with what looked like an electronic ballot. He made a selection and was told his vote was counted and he did not need to submit an absentee ballot or go to the polls.

We had heard a rumor of this kind of activity also happening in the Youngstown area, but there were very little details on that story and we’ve been unable to find anyone to talk to about it. The Youngstown story wasn’t fully consistent with this Greene County report as it included the marking of a paper type ballot and also included an “I Voted” sticker.

Plunderbund also offers additional smart advice on what to do in the event this may happen to you, including "getting as much information as possible about the person at your door. Ask for their identification and get a picture with your cell phone if you can."

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By Brad Friedman on 11/5/2012 5:35am PT  

[This article has been cross-posted by Salon...]

Last week, Bob Fitrakis and Gerry Bello at FreePress.org reported an important story concerning what they described as "uncertified 'experimental' software patches" being installed at the last minute on electronic vote tabulation systems in 39 Ohio counties which service more than 4 million voters Buckeye State voters.

The story included a copy of the contract [PDF] between Republican Ohio Sec. of State Jon Husted's office and ES&S, the nation's largest e-voting system manufacturer, for a new, last minute piece of software created to the custom specifications of the Sec. of State. The contract itself describes the software as "High-level enhancements to ES&S' election reporting software that extend beyond the current features and functionality of the software to facilitate a custom-developed State Election Results Reporting File."

A subsequent story at The Free Press the following day included text said to be from a November 1 memo sent from the OH SoS Election Counsel Brandi Laser Seske to a number of state election officials confirming the use of the new, uncertified software on Ohio's tabulator systems. The memo claims that "its function is to aid in the reporting of results" by converting them "into a format that can be read by the Secretary of State's election night reporting system."

On Friday evening, at Huffington Post, journalist Art Levine followed up with a piece that, among other things, advanced the story by breaking the news that Fitrakis and his attorney Cliff Arnebeck were filing a lawsuit for an immediate injunction against Husted and ES&S to "halt the use of secretly installed, unauthorized 'experimental' software in 39 counties' tabulators". Levine also reported that Arnebeck had referred the matter to the Cincinnati FBI for criminal investigation of what the Ohio attorney describes as "a flagrant violation of the law."

[Update: Details and documents from that lawsuit now here...]

"Before you add new software, you need approval of a state board," says Arnebeck. "They are installing an uncertified, suspect software patch that interfaces between the county's vote tabulation equipment and state tabulators." Arnebeck's alarm is understandable.

Since the story initially broke, I've been trying to learn as much as I could about what is actually going on here. During that time, a few in the mainstream media have gotten wind of the story as well, including NBC News and CNN, and have been able to press Husted and other officials in his office into finally responding to the concerns publicly. The Ohio officials have attempted to downplay the concerns, though in doing so, they appear to have given misleading information which, at times, seems to conflict even with the contract itself.

I've also spoken to computer scientists and election integrity experts, in trying to make sense of all of this, though many of them seem to be scratching their heads as well. My own queries to the Sec. of State's office have gone unanswered, as had Fitrakis' and Bello's before they published their initial story, begging the question as to why, if this software is as benign as Ohio officials are suggesting, they didn't respond immediately to say as much. Furthermore, why did they keep the contract a secret? Why did they wait until just before the election to have this work done? And why did they feel it was appropriate to circumvent both federal and state testing and certification programs for the software in the bargain?

I'd like to have been able to learn much more before running anything on this at all, frankly. But the lack of time between now and Tuesday's election --- in which Ohio's results are universally believed to be key to determining the next President of the United States --- preclude that.

So, based on the information I've been able to glean so far, allow me to try to explain, in as simple terms as I can, what we current know and what we don't, and what the serious concerns are all about.

And, just to pre-respond to those supposed journalists who have shown a proclivity for reading comprehension issues, let me be clear: No, this does not mean I am charging that there is a conspiracy to rig or steal the Ohio election. While there certainly could be, if there is, I don't know about it, nor am I charging there is any such conspiracy at this time. The secretive, seemingly extra-legal way in which SoS Husted's office is going about whatever it is they are trying to do, however, at the very last minute before the election, along with the explanations they've given for it to date, and concerns about similar cases in the past, in both Ohio and elsewhere, are certainly cause for any reasonable skeptic or journalist to be suspect and investigate what could be going on. And so I am...

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By Brad Friedman on 11/3/2012 4:12pm PT  

On Friday, the U.S. Department of Justice announced that its Civil Rights Division will be deploying "more than 780 federal observers and department personnel to 51 jurisdictions in 23 states for the Nov. 6, 2012, general election."

Their news release, posted in full below, notes that "The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group."

"The observers and department personnel will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color, or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability, or is unable to read or write; whether jurisdictions allow voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act."

The announcement also includes DoJ contact numbers and websites for voters who have problems on Election Day. It also specifies the county and state jurisdictions where DoJ monitors will be on hand across the country.

Please note, however, that no matter how many monitors and attorneys and poll watchers are on hand, none of them can see inside an electronic voting system --- either touch-screen system, or paper-based optical-scan system --- to determine whether those computers have accurately tabulated the intent of the voters.

The DoJ's Friday press release follows in full below...

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A rare case of actual voter fraud, though another one which would not have been deterred by GOP polling place Photo ID restrictions...
By Brad Friedman on 11/3/2012 2:46pm PT  

Hey, look! We may have an actual case of voter fraud at the polling place! An attempted case anyway...

Investigators today arrested a Southern Nevada woman suspected of trying to vote twice this week at two different polling locations.

Roxanne Rubin was taken into custody as she arrived for work at the Riviera hotel-casino, investigators said. Rubin, 56, is a registered Republican who lives in Henderson, according to the Clark County Registrar.

Rubin allegedly cast a vote Monday at the Anthem Community Center in Henderson. Later that day, she tried to vote a second time at an early voting location on Eastern Avenue, investigators said.

When Rubin arrived at the second location, a poll worker conducted a routine database check and found Rubin had already voted. When confronted by the poll worker, Rubin denied having voted and claimed the database used by the poll worker was wrong.
...
Rubin was booked into the Clark County Detention Center on one felony count of voting twice in the same election.
...
While allegations of voter fraud or faulty voting machines are common during a busy election, Clark County Registrar Larry Lomax said this is the first time in his 15 years on the job that a voter has been arrested for trying to cast two ballots.

While NV election officials are crowing about safeguards in their system which they say worked to stop Rubin from being able to vote twice, in fairness, we'll note that she deserves a trial before anyone decides for certain that she, indeed, carried out the crime she is accused of. It could very well turn out to be true that she didn't try to vote twice, that somehow, someone else voted under her name in the first instance. But we'll see.

In either case, this points up once again just how rare it is that folks commit actual voter fraud at the polls. (Doing so via absentee ballot is far more common, and another reason why systems like Oregon's all Vote-by-Mail system --- where state officials are now investigating ballot tampering by a GOP election official after she allegedly filled in unvoted ballots with Republican candidates --- remains a terrible idea for democracy.)

Neither voting twice, as alleged in Nevada above, nor crimes via absentee ballot fraud, are deterred in any way by the disenfranchising polling place Photo ID restrictions enacted by Republicans in a dozen states recently, despite their wholly unsupported claims that such laws are needed to stop "voter fraud". The only type of voter fraud that can possibly be deterred by those kinds of laws --- which study after study has found to disproportionately disenfranchise elderly, minority, student and poor (read: Democratic-leaning) voters --- is the incredibly rare crime of in person impersonation fraud.

A recent exhaustive study of all election fraud crimes in all 50 states since 2000, carried out by the investigative news consortium News21, found just ten (10) cases of in-person impersonation fraud out of hundreds of millions of votes cast across the nation during the same period.

Concerns about insider election fraud, however --- such as the gaming of voter registration rolls, or the ability of a single election insider to flip the results of an entire election with a few keystrokes in a matter of seconds, with little possibility of detection --- remain a very serious concern, as hundreds of computer scientists and security experts (as well as The BRAD BLOG) have been warning about now for years to little notice.

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Nathan Sproul's Strategic Allied Consulting may have violated state law with deceptive partisan registration scheme
GOP operative with checkered past blames 'liberal blogs' for bad reputation...
By Brad Friedman on 11/3/2012 3:58am PT  

A criminal investigation into voter registration fraud by a company hired by the Republican National Committee for some $3 million to sign up voters in at least five key battleground states this year is now widening, according to a new report by the Washington Post.

The reason for the expansion appears to relate to an overlooked aspect of the nationwide GOP Voter Registration Fraud Scandal highlighted initially by The BRAD BLOG some weeks ago.

The probe by the office of Virginia's Attorney General began last week after the State Board of Elections voted unanimously to refer the matter to state law enforcement officials after 23-year old Colin Small was arrested in Harrisonburg and charged with 13 election fraud counts for allegedly dumping completed voter registration forms into a dumpster.

Small had been hired by Strategic Allied Consulting, a firm created over the summer by Mitt Romney's paid political consultant and longtime GOP activist Nathan Sproul. Sproul has said the company was registered in Virginia, without his name on it, at the request of the RNC, due to myriad election registration fraud allegations in multiple states, in multiple elections, as long ago as 2004. An RNC spokesman has said he's unaware of the party's request, though Sproul has told The BRAD BLOG he stands by the claim. The issue resulted in a testy exchange with a Denver television reporter this week. (That video is posted at the end of this article.)

According to the Post, "state prosecutors canceled Colin Small’s grand jury testimony to gather more information, with their focus expanding to the firm that had employed Small, which is led by longtime GOP operative Nathan Sproul."

"State authorities are seeking to learn whether any of Small’s supervisors instructed him or any of his 40 co-workers in Virginia to ask potential voters about their political leanings during registration drives," according to two unnamed sources cited by the paper. "Asking such questions could be a violation of state election law," WaPo reports.

Last month, in an investigative report by The BRAD BLOG, we highlighted video-taped and other evidence from half a dozen states, including Virginia, detailing how Sproul had trained his workers to misrepresent themselves as pollsters to potential registrants in order to determine their political leanings before offering to register them to vote. The ruse was meant as a way to register only Republican voters, while keeping Obama supporters from being able to register at all...

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

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By Brad Friedman on 11/2/2012 5:01pm PT  

The Oregon Department of Justice is confirming today that it is investigating a case of ballot tampering by an elections official in Clackamas County, OR after it was discovered that she was allegedly filling in unvoted ballots for Republican candidates.

According to Willamette Week today...

A Clackamas County elections worker is under criminal investigation for tampering with ballots, WW has learned.

The underlying allegation is that the woman, whose name has not been released, filled in blanks on ballots turned into the county for the Nov. 6 general election.

Sources familiar with the incident say their understanding is that the woman filled in a straight Republican ticket on the ballots where preferences had been left blank by voters.

Elections law makes marking another person's ballot a class C felony.

The Oregonian reports, that the state Department of Justice spokesperson Jeff Manning says: "We can confirm we are currently investigating criminal felony violations of Oregon's elections laws, which allegedly took place in Clackamas County and allegedly involved a temporary county elections employee tampering with cast ballots."

Manning says it is currently unknown how many ballots may have been affected. "One of the primary goals of the investigation is to determine that," he said.

Oregon uses a state-wide Vote-by-Mail system which, as we hear every time we write about it, its voters seem to love a great deal. We don't, and, back in 2008, described just some of our reasons for that here: "Why 'Vote-by-Mail' Elections are a Terrible Idea for Democracy".

This case points to one of the reasons why we've long argued that voting by mail, either via Absentee ballot, or a full Vote-by-Mail system like Oregon's, is a bad idea. There are simply too many people in the chain of custody between your casting of the ballot (usually by dropping it into the ultimate "black box": a mail box) and the time that it is hopefully tabulated, usually on oft-failed, easily-manipulated, unoverseeable optical-scan computer systems which either count it accurately or inaccurately, there is no way to know.

When a hand-marked paper ballot is cast at the precinct --- at least where there are precinct-based optical-scanners or, better yet, public hand-counting --- the odds of someone being able to tamper with your ballot before it's actually tabulated, as has allegedly occurred in Clackamas County, OR, are greatly decreased.

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UPDATE 11/29/12: The election official in question, Deanna Swenson, has now been indicted by a grand jury with six felony and two misdemeanor counts related to her alleged tampering with Vote-by-Mail ballots in Clackamas County. According to the Portland Tribune, "The first four charges are Class C felonies, punishable by up to five years imprisonment (as determined by applicable state felony sentencing guidelines,) and a $125,000 fine. The official misconduct charges are Class A misdemeanors, punishable by up to one year in jail and a $6,250 fine."

Oregon Public Broadcasting adds that "Investigators believe the ballots were marked in favor of Republican candidates."

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PA, TN, IA Photo ID Messes; Early/Absentee Votes Lost in FL?; GOP Poll Watcher Lies in WI; CO Skullduggery; Votes Flipping R to D Says GOP; Voter Suppression Billboard Funder Unmasked...
By Brad Friedman on 11/2/2012 6:35am PT  

We're still having trouble, of late, keeping up with all the chicanery, dirty tricks and skullduggery now rolling across the country. So here, once again is our very quick take on just some of the most noteworthy items over the past few days that you'll want to keep in mind as we creep towards Election Day next Tuesday...

CBS Radio Affiliate in PA Inaccurate Says Photo ID Needed To Vote: "CBS Pittsburgh radio station KDKA...is running an ad claiming that voters will need photo identification to go to the polls on November 6th, despite the fact that while voters may be asked to show ID, it is not required to vote. The ad aired on October 26," despite the fact that it's been almost a month since the PA courts determined that no Photo ID will be necessary to vote this year in the Keystone State. The ad says: "The Voter ID law was just recently signed by the governor ... You're not going to be allowed to vote unless you present an acceptable photo identification. Get to a PennDOT licensing center and get a photo ID at the drivers' license center." The ad is completely inaccurate.

Broward County, FL Early Votes Disappearing?: Just one of the many reasons we advise against early voting, unless it's absolutely necessary: "An analysis of the unofficial totals by early voting location on the Broward Supervisor of Elections website from Saturday, compared to the tallies posted on Sunday, shows that in one location, the E. Pat Larkins Community Center, located on Martin Luther King Blvd. in Pompano Beach, the revised totals showed 1,003 fewer votes. The initial tally reported from the polling place in the heavily black neighborhood showed 2,945 votes, but the revised tally was 1,401. Across the 17 Broward polling locations, 15 saw their vote totals revised, mostly by minute amounts of between 1 and 7 votes. But the three more significant changes, including the addition of 398 votes in Tamarac (a racially mixed community) and adding 99 votes to the totals from Pompano Beach City Hall, whose demographic is majority white." ... Political consultant David Brown, who is working for three Broward candidates, "said that when he inquired about the numbers, he was told by the elections office that the changes had resulted from a 'computer glitch.'"

Loophole in FL Law May Disenfranchise Absentee Voters: Not sure this is necessarily in the "War on Democracy" category, but Michael C. Herron and Daniel A. Smith have found a very interesting, if troubling, quirk in FL law that could result in legal voters being disenfranchised if they cast their absentee ballot and then move to a different county and re-register there before Election Day. Best to read their take to fully appreciate it, though it makes us wonder how many other states around the country have a similar loophole in their absentee ballot and registration laws and how many voters could actually be affected by such a loophole.

Romney Campaign Training WI Poll Watchers to Lie: "One blatant falsehood occurs on page 5 of the training packet, which informed poll watchers that any 'person [who] has been convicted of treason, a felony, or bribery' isn't eligible to vote. This is not true." ... "The training also encouraged volunteers to deceive election workers and the public about who they were associated with. On page 3 of the packet, Romney poll workers were instructed to hide their affiliation with the campaign and told to sign in at the polls as a 'concerned citizen' instead." After the story was published, "the Romney campaign's schedule of poll watcher trainings was changed to private."

Update: Romney Poll Watchers also being mis-trained in Iowa, being told that Photo ID is required to vote there. It isn't.

Keep an Eye on Colorado: So recommends Bev Harris of Black Box Voting, and for very good reason. Not only is CO a key battleground this year, said to be a virtual tie in most of the polls, but "Colorado election integrity and transparency is now officially out the window, with a series of corruption protection rules and new laws." Among those laws? Ballots that can be tied back to the voter; A new law that makes ballots and other election materials no longer public records, at least not before 45 days after an election; Extreme Tea Party Rightwing Sec. of State Scott Gessler's new rules that "remove requirements for continuous video surveillance" under the guise of "cost-saving"; the reduction in the number of so-called tamper-evident seals on voting machines; and more...

GOP Says Votes Flipping From Romney to Obama on Touch-screens in 6 States [PDF]: We've only seen a few reports of this, but don't necessarily doubt it. While, historically, most touch-screen votes flip away from Ds, we've seen reports of them flipping to Ds on a few occasions as well. Either way, these systems are 100% unverifiable (with or without a so-called paper trail print out, as some have) and should never be used in any American election. The GOP has sent their letter to Secretaries of State in NV, OH, KS, MO and CO, and the Executive Dir. of the Election Board in NC. Three of those folks are Ds, three are Rs. The letter requests that they "Make arrangements for additional technicians on Election Day in case of increased calibration problems." Of course, when machines flip votes, they should be taken out of service, not re-calibrated when they are in "Election Mode" and most sensitive to manipulation. The letter also foolishly asks for signs to be posted warning voters to "double-check that the voting machine properly recorded their vote", which is, with these sorts of machines, scientifically impossible.

Legal Voters With Library Cards Forced to Vote Provisionally in Shelby County (Memphis), TN: "A Shelby County election official said voters who are showing up at polls with only a Memphis library card as their photo identification are being given provisional ballots. ... Shelby County Election Commission Chairman Robert Meyers said Monday that he's working to find out how many voters have been given provisional ballots after showing their Memphis library card during early voting ahead of the November 6 election. ... The state Court of Appeals ruled [last] Thursday that a new law requiring voters to show photo ID at the polls is constitutional but also said the library card qualifies as a government-issued photo ID. State election officials filed an appeal with the state Supreme Court on Friday, arguing that the Memphis library ID should not be allowed because it wasn't issued by state government." This Thursday, the Supremes decided that library cards may be used as voting ID, but will review the case in full after the election.

Funder of Those Voter Suppression Billboards in WI and OH Identified: Last week, we told you about those "Voter Fraud" billboards placed throughout minority neighborhoods in OH in WI, by an unnamed family foundation, and that Clear Channel finally agreed to take them down. This week, the folks at theGrio and One Wisconsin Now figured out who paid for them. You'll be shocked to learn it was a Rightwing hedge fund manager who says he was only try to perform a "public service because voter fraud - whether by Republicans or Democrats - undermines our democratic process." He failed to explain why his "public service" billboards only appeared in minority neighborhoods.

One Wisconsin Now notes that "In 2010, [Reince] Priebus [who is from Wisconsin, but is now the RNC Chairman] was cited by name, in an aborted voter caging plot targeting minorities and college students involving the Republican Party of Wisconsin, Americans for Prosperity and Wisconsin's Tea Party leaders, including documents that referenced 'billboards' as part of the scheme multiple times. ... That this anti-American garbage is turning up in other states now that Priebus is running the RNC is of no surprise to us in Wisconsin given his career of scheming to deny legal voters their right to the franchise."

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Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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