Guest Blogged by John Gideon of VotersUnite.org

The U.S. Election Assistance Commission (EAC) received this letter [PDF] well over a week ago from Oakland County, MI, concerning ES&S precinct-based optical-scan systems that "yielded different results each time" the "same ballots were run through the same machines"...

This problem, discovered during pre-election "Logic & Accuracy" testing of the systems, would hardly be the first time that ES&S has failed to deliver on maintenance contracts, adversely affecting voters and election results in the bargain. We saw many similar problems during the 2006 primary election cycle. These precinct-based scanners are used throughout the nation, as ES&S is the nation's largest distributor of voting systems in the U.S.

The EAC received this letter a week ago, and we're trying to learn when it was finally posted to their website. But, more importantly, as they have a mandate via the Help America Vote Act (HAVA) of 2002 to serve as a "clearinghouse" for such voting system problems, has the EAC sent a warning about this issue to any other jurisdictions where the same equipment or company is used?

From an emailer in Florida...

And we continue to hear from other sources that the bottleneck in Florida is at check-in with the state's new, computerized voter registration system, not with the new paper ballot op-scan system which is used after a voter votes. (Though there have been reported problems with the state's new Diebold print-on-demand system for printing ballots for voters to fill out as well.)

Rachel Maddow correctly noted (see video below) that these waits in FL, GA, and elsewhere, amount to a "poll tax." She's right.

As I noted last week, we have just one early voting location in all of Los Angeles --- the largest voting jurisdiction in the country, larger than 41 states combined --- and at this point, I have no idea if I'll be able to vote myself if the lines are too long tomorrow, since I have to go on air LIVE, hell or highwater at 3pm PT to anchor the NovaM Radio Network's "Special Election Night Coverage."

Here's what the lines looked like this weekend at L.A.'s only early voting location, a 40-minute drive from where I live (photo: Margery Epstein)...

And here's Rachel making her case, and pointing to 10 hour lines in Atlanta and elsewhere...

-- Brad Friedman, The BRAD BLOG

Why corporate mainstream journalists have a need to identify everyone as either "liberal" or "conservative" is beyond me. But setting that aside, of far more import is the substantive information in Washington Independent journalist Jonathon E. Kaplan's report today featuring lead Obama attorney Bob Baeur's attempt to defend against my fervent critique of the campaign's woefully inadequate and dangerously misguided efforts in dealing with the massive voting machine problems occurring around the country since early voting began (and, of course, well before even that)...

[Note 11/3/08: An updated version of the article, now posted here, scales by on the "liberal" thing, after I sent a gentle complaint to Kaplan.]

The article does nothing to assuage my concerns about the Dems' self-proclaimed "behind the scenes" efforts on these matters. Bauer was still unable to offer a shred of evidence that the campaign or the DNC has taken such concerns about the use of wholly unverifiable voting systems --- and worse, allowing and actually encouraging election officials to access those machines during the election, at the time they are most vulnerable to tampering, for "recalibration" --- with the gravity the issue deserves.

Incredibly (though no longer surprisingly), the Democrats persist with their tortured logic that taking action on problems with voting machines will somehow depress the electorate, before quickly changing the subject to concerns about Republican chicanery on the front-end voter suppression stuff.

As an Election Integrity advocate recently noted rather eloquently, the front-end voter suppression issues and the back-end voting machine failures are two sides of the same coin. You can't worry about one without worrying about the other. The Dems, unfortunately, are still worried about only one side of the coin, as Kaplan's report demonstrates all too clearly (yet again) today...

Guest blogged by DES

Late last week, a federal court spanked Colorado's Republican Secretary of State, Mike Coffman, ordering him to restore tens of thousands of registered voters to the state's voting rolls and allow them to vote, requiring that officials count those ballots, and --- perhaps most importantly --- placing the onus on elections officials to justify the removal of voters from the rolls, rather than forcing the voters to prove they are who they say they are...

Jesus. This is what/who voters in Philadelphia are being forced to deal with, as per our Pennsylvania coverage this week (here and here), concerning the fight by the NAACP and a local Election Reform coalition to get paper ballots for citizens, so that they can be sure to cast a vote, from a Democratically-controlled state hell bent on fighting that.

Since she says in the video we should take care to spell her name right, the woman responsible for running elections in Philadelphia is Marge Tartaglione (D) and, as the video suggests, she's a horror. And not only for her indefensible statements against the distribution of paper ballots to the effect of "long lines are not a problem...Long lines are no justification for any thing but waiting...people wait in long lines overnight for baseball tickets...people wait in line all night for a new Ipod." Though I'm not aware of any 80 year olds who do either of those things, or anybody who does that in the middle of a word day, and I'm fairly sure anybody who does do that, does so by their own choice, not because they are forced to do so in hopes of exercising their right to cast a vote.

The video --- by citizen journalists Danielle Ivory and Lagan Sebert (more details and context here) --- is well-worth the 4:43 minutes of your life it'll take to view it. Good luck, Philly! Looks like you're gonna need it! Again...

[Comments turned back on, but the first 57 may have been lost when our server crashed under the straight of huge traffic on Saturday. We're trying to recover, but my apologies if we cannot get them back. Please repost as needed. - BF]

Well, now, finally we may be able to get rid of these damned things, now that it's actually happened to Oprah. Via Huff Po...

Here she is explaining what happened on video, followed by me explaining that it's not her fault (as she suggests in the video), and what both she, and every other voter in America needs to know about what happened to her, and how to keep it from happening to them...

Guest Blogged by Steve Heller of VelvetRevolution.us

The Republican IT guru, recently described as a "high tech Forrest Gump" for his proclivity to be "at the scene" of so many troubling elections since 2000, and even at the heart of the "lost" White House email scandal, has been ordered by a federal judge to appear for an under-oath deposition next Monday in Ohio.

The BRAD BLOG has learned that Mike Connell, the Republican IT guru whose company, GovTech Solutions, created Ohio's 2004 election results computer network, appeared in federal court today, as compelled, and has been ordered to appear for his deposition on Monday, November 3, just 24 hours before Election Day 2008.

Today's court order came after a contentious hearing, at which Connell was present. The hearing was part of a long-standing voting rights violations lawsuit, King Lincoln v. Blackwell, as previously covered by The BRAD BLOG and by Velvet Revolution's Election Protection Strike Force here and here.

Though Connell's attorneys have fought to quash the subpoena, recently issued after the judge lifted a stay on the case several weeks ago, it looks like his options to avoid testimony, or at least jail for avoiding it, may have come to an end. The attorneys in the case have said that Connell's testimony may well lead to the subpoenaing and under-oath questioning of Karl Rove, who, they say, would be unable to use Executive Privilege as an excuse to avoid such a subpoena in a civil RICO case...

In the suburban county of Montgomery, just outside of Philadelphia, election officials have, inexcusably, been caught off guard by a new, court-mandated directive by PA's Secretary of the Commonwealth Pedro Cortes.

The directive requires that counties have enough emergency paper ballots (EPBs) on hand at polling places to ensure that voters can vote if half, or more, of a precinct's voting machines break down. County officials admit today that they were completely unprepared for the directive, and even for the likelihood of serious machine failure, despite known problems with the touch-screen voting systems they use, or the extraordinary voter turnout long-predicted for next Tuesday.

The new directive [PDF] was issued yesterday, as we reported last night in our late update to our article on the lawsuit. The successful suit was filed last week against the Democratic Secretary, by the NAACP and a local election protection coalition. It followed on Cortes' directive a month a go that EPBs needed to be given out to voters only in the event of failure of 100% of a precinct's machines.

Cortes' original directive, and even the one issued yesterday, has been seen at odds with a PA statutory provision that allowed counties to offer paper ballots in the event that just one machine has failed. PA uses Direct Recording Electronic (DRE, usually touch-screen) voting systems across most of the state, and is a key battleground for John McCain's attempt to win the White House this year...

4 days until Election Day.

Georgia has, again, had problems with their voter registration database. This time there were between 500 and 1000 voters, depending on reports, who were left standing in line for two hours while they waited for Fulton Co. officials to reestablish connection with the state’s computer system. This will be a huge problem on election day and may cause thousands of voters to give-up and go home. Let’s hope not.

I never imagined that I would find myself agreeing with anything that John Fund had to say but in our ‘Featured’ article Fund wrote one graf that gives me hope for the guy. He said, “Independent, nonpartisan groups, as well as candidates and parties, should be authorized to appoint poll watchers to observe the election and the vote tabulation. All vendors who supply voting machines and computer software should be required to undergo investigation for financial security and integrity. Clear rules for identifying what constitutes a vote and procedures for contesting an election result must be developed by each state”....

We've got two shameful situations with early and absentee voting. Well, there are many more, no doubt, but for purposes of this article, we'll focus on the outrage in D.C., where thousands of voters are not receiving their absentee ballots, so they're being forced to go vote at county headquarters. And out here in Los Angeles, the world's largest voting jurisdiction, with just one, single early voting location.

News on both of those scandals --- and the response we received from our inquiry about the L.A. situation from L.A. County Registrar Dean Logan --- follow below...

A county clerk in Colorado has finally done the right thing for the voters by removing a touch-screen voting machine from service, and quarantining it, after it was discovered to be flipping votes from one candidate to another. The failed machine in this case was a Diebold Accu-Vote, a frequent flipper.

As reported by the Colorado Independent (Hat-tip VoterAction.org)...

Long is to be lauded for being the first election official in the country so far during the general election (that we're aware of) to have taken the correct action in such a vote-flipping case. And now that Hodge's eyes are "opened" we hope that both she and her Republican opponent, Hadfield will stand up for their voters by signing the StandingForVoters.org "no concessions" pledge immediately!

Late last night VelvetRevolution.us (a non-partisan, non-profit election watchdog co-founded by The BRAD BLOG) issued a press release calling on election officials to not recalibrate systems mid-election, but rather remove and impound them, and offer voters paper ballots as needed instead. The complete press release is posted at the end of this article.

Colorado has a troubling history with electronic voting, even as the Secretary of State found all of the state's machines to be faulty and easily hackable in late 2007, but has capitulated to pressure from election officials to allow them to be used by voters again this year anyway...

5 days until Election Day.

A deal was struck last evening in Colorado with the Secretary of State. 20,000 voters who were illegally purged from the state’s voter rolls will now be allowed to vote using provisional ballots and those ballots will get priority handling and a presumption of validity by Colorado counties.

The Reform Institute, a non-partisan public policy organization, today released a checklist to assist voters in casting their ballots. The checklist provides helpful tips for voters, especially those going to the polls for the first time, to facilitate a voting process free of complications....

After all these years, believe it or not, it was my first appearance on Amy Goodman's Democracy Now! this morning. I was happy to appear along with my friend Harvey Wasserman of the great Columbus Free Press to discuss our many concerns about Election Day 2008, touch-screen vote-flipping, voter roll purging, and the woeful effort by the DNC and Obama Campaign to take steps to correct these enormous problems. So happy, in fact, that I almost didn't mind waking up at 4am to do the show. Almost. I hope you'll not mind the fuzzy webcam I had to use from my dark, pre-dawn cave this morning during my appearance.

The video follows in three parts, the text transcript is here...

[The new, court-ordered directive from Secretary Cortes has now been issued. It's linked below, in the last update at the bottom of this article. - BF]

[Please note several important UPDATES added to the bottom of this article. - BF]

This just in from Pennsylvania... a federal court has found in favor of the NAACP and the 866-MYVOTE1 Election Reform Network, which were forced to sue the state's Democratic Secretary of the Commonwealth, Pedro A. Cortes, after his recent directive that emergency paper ballots need to be given to the voters only in the event that all of a precinct's touch-screen voting machines fail.

Most of PA uses 100% unverifiable touch-screen voting systems, and many of them broke down across the state during last April's Primary Election, leaving untold numbers of voters unable to cast votes.

As we reported when the lawsuit was filed last week, state law allows county clerks to give out paper ballots if just one machine breaks down on Election Day; Cortes' stunning decree, issued last month, went unchallenged by both the DNC and the Barack Obama campaign...