[UPDATED SEVERAL TIMES with more info on the curious/disturbing issue of ballots reported as being handed out as pre-marked for Scott Brown. Allegations now of five different reports from "at least" three different jurisdictions. See bottom of article for continuing updates...]

Haven't heard too much from on the ground in Massachusetts this morning yet (happily), but that's not much of a surprise. The real questions come later, as we will all wonder whether or not the "results," whatever they are, as reported by Diebold and never counted by actual humans, have anything to do with the way voters actually voted.

In the meantime today, a group of election integrity experts, after having posted an "Orange Alert" yesterday about the serious e-voting concerns in today's election, have sent an open letter to Sec. of State Bill Galvin, along with a public records request [PDF], calling for the retention of all election materials, such as voted, spoiled, and unvoted ballots, as well as all of the easily-tampered-with memory cards and electronic databases, etc., to ensure they are all secured and available for inspection by the public after the close of polls.

Election integrity advocates Susan Pynchon, Shelia Parks, and John Brakey also put the entire sorry matter in stark terms, demonstrating how simple this all could have been in a very short piece at OpEd News asking why MA didn't simply just determine to count the ballots, by hand, in front of everyone at the polling place, especially given that it was a single race on the ballot with just three people on it...

As to the ballots themselves, Greg Sargent at The Plum Line reports an odd situation: Two different voters, from two different towns, have both informed him that they were handed ballots that had Scott Brown's bubble already inked in when they went to vote. Here's the report from the second voter Sargent heard from...

The two reports are too anecdotal at this point to make too much of them just yet, but it seems worth noting for the moment. May come in handy later.

[UPDATED as more reports of pre-marked ballots have come in! Please see additional follow-ups now below.]

Are you hearing, reading, seeing other points of concern today? Let us know in comments. Links are always welcome...

P.S. Have done a flurry of radio appearances to discuss all of this, last night and early early this morning. Appearances from Mike Malloy, Stephanie Miller, and Nicole Sandler's shows are now archived online if you'd like to give them a listen, right here...

P.P.S. Might I also recommend, request, that all you folks on Twitter (we can be followed here), Retweet the following as far and as loud as you can:

UPDATE 4:03pm PT: Coakley Campaign Manager Kevin Conroy issued the following "ALERT!" on the campaign website, and via email about an hour ago concerning the reports of ballots being handed to voters pre-marked for Brown, as mentioned above...

A quick follow up, as I'll be on the road for most of today, on the mess I warned about on Friday concerning Tuesday's Special Election for the U.S. Senate in MA, the terrible optical-scan Diebold voting machines in use there, and the company with a dubious, criminal background which sells, services and programs them:

• Over the weekend, I was briefly interviewed by Joan Brunwasser of OpEd News and Citizens for Election Reform about it all. That interview is now published here...

• Bev Harris from Black Box Voting offers a detailed breakdown and a toolkit "for effective actions everyone can take, whether you live in Massachusetts or not" to try to help oversee and protect the election tomorrow.

• A coalition of election integrity experts have issued an "Orange Alert" about the concerns for tomorrow's election, calling on MA Sec. of State Bill Gavin to take effective action to protect secure chain of custody for ballots, voting machines, tabulators, memory cards, unvoted ballots and all other related materials, and calling on the candidates to NOT CONCEDE until all votes are actually counted accurately and transparently.

• I'll be on the air tonight and tomorrow morning to talk about all of the above. Among my currently scheduled radio appearances on this [all times PACIFIC]:
  • MON 1/18, 7:00pm: Mike Malloy Show (air affiliates, Sirius Ch. 146, XM Ch. 167)
    [Update: Here's the commercial free audio archive (MP3) from last night on Malloy, appx. 19 mins]
    
  • MON 1/18, 8:00pm: Nicole Sandler Show
    [Update: Here's the commercial free audio archive (MP3) from last night, appx. 33 mins]
    
  • TUE 1/19, 6:00am: Stephanie Miller Show
    [Update: Here's the commercial free audio archive (MP3) from this morning on Stephanie's show, appx. 20 mins]
    

UPDATE 1/19/10: More on early reports and other developments on Election Day, now here...

Since writing today's piece for Upstate New York's right-leaning Gouverneur Times, a new poll has come out this morning showing the Republican Scott Brown now leading the Democrat Martha Coakley by 4 points in the race for the U.S. Senate seat formerly held by a Democrat named Kennedy for nearly 60 years.

As of last night, when I filed the story with them, the latest survey from a Democratic-leaning pollster showed Coakley up by 8, though a day or two earlier, Republican Rasmussen had Brown down only by 2 points.

Suffice to say it's now officially "a toss-up," at least according to the Rothenberg Political Report, and to all the Dems and Reps now sweating out what was previously thought to have been an easy Democratic win.

With the 60th "filibuster-proof" Senate seat now hanging precariously in the balance, I'm sure you'll be delighted to hear that the winner will now be whoever Diebold declares it to be. The near-entirety of the state will vote next Tuesday on paper ballots to be counted by Diebold op-scan systems. The same ones used dubiously in the New Hampshire Primary in 2008, and the same ones notoriously hacked --- resulting in a flipped mock election --- in HBO's Emmy-nominated Hacking Democracy.

And to make matters even worse, the notorious LHS Associates --- the private company with the criminal background that has admitted to illegally tampering with memory cards during elections, and which has a Director of Sales and Marketing who embarrassed himself with obscene comments here at The BRAD BLOG some years ago, resulting in his being barred from CT by their Sec. of State --- sells and services almost all of MA's voting machines along with those in the rest of New England.

Read my detailed coverage of the entire sad affair over at Gouverneur Times today. And yes, here we go again...

UPDATE 1/18/10: FOLLOW-UP: Election experts issue "Orange Alert", what you can do to help protect the election, and a bunch of my interviews on all of the above, now here...

Guest Blogged by John Gideon, VotersUnite.Org

The community of Gloucester Mass. has a huge environmental disaster on its hands due to a sewage pipe that is leaking into the bay. The community has $150M in unfunded mandates due to the sewage pipe and all of that on an $80M budget.

Now the community, as well as those across Massachusetts, has been told that they must replace all of their ES&S Optech Eagle III-P precinct based optical scan voting machines. ES&S has told these people that the U.S. Election Assistance Commission (EAC) has mandated that those machines can no longer be used. According to the Gloucester Times Daily ES&S has told its customers in MA that "the firm's software 'will not meet federal standards and can't be modified to meet those standards.'"

In fact, the software may not meet the present federal standards that it would be tested against, if it needed to be tested today. However, the software and the machines have worked fine in the past and can probably continue to work for as long as Massachusetts communities want to use them.

This morning I called the Editor of the Gloucester Daily Times. He was interested to learn that the EAC had made no such mandate and that this seemed to be a sales ploy by the vendor. His interest was not unexpected after he ran an editorial in his paper this morning in which he said:

Then I called the city clerk's office and spoke with the gentleman in charge of voting machines. He said that communities across the state like the III-P's and want to keep them. They cannot afford to buy new machines and they don't understand why they are being forced into that position. He told me that with the III-P's the only failure they ever had was a "read head" that was easy to replace. Newer technology has many more moving parts.

It's amazing that ES&S is clearly misstating the facts and accusing the federal Election Assistance Commission of making mandates that will cost these Massachusetts communities hundreds of thousands of dollars.

Does the Secretary of State of New Hampshire have any idea that a key executive in the private firm that programs and "counts" 80% of the state's ballots on hackable, error-prone Diebold voting machines is a convicted narcotics trafficker?

In 1990, Ken Hajjar, the Director of Sales and Marketing for LHS Associates, and childhood friend of company owner John Silvestro, was arrested and pled guilty to charges of "Sale/CND" (Sale of Controlled Narcotics/Drugs) which earned him a 12 month sentence, according to documents received via a public records request and posted this evening at BlackBoxVoting.org.

LHS Associates, as BBV's Bev Harris points out, programs "every single voting machine in New Hampshire, Connecticut, almost all of Massachusetts, Vermont, and Maine."

Hajjar himself is also the the guy who showed up in BRAD BLOG comments, at one point last summer, to let us know we are "totally full of shit" and "deluded...paranoid...looney idealogues" to boot. Well, maybe. But at least we don't have a secret felony conviction, even while owning almost complete control over every vote cast and "counted" in New England.

The newly-revealed felon's impolitic rant here earned him the boot from the Secretary of State of Connecticut, where he is now barred from working, as guest blogger Dori Smith pointed out in another BRAD BLOG story last November, detailing the horrors that are LHS Associates, Silvestro and Hajjar.

When Smith asked Hajjar about his admission that he and his company regularly replace voting machine memory cards (the keys to the kingdom!) at will, in the middle of elections, he told her, "I mean, I don't pay attention to every little law."

We'll say!

Go check out Harris' new article tonight, which includes more details and the arrest record --- along with the note that "until recently, LHS employees were listed on the company Web site. Now the pages identifying who programs New England voting machines have been taken down."

Now ya know why.

Even if you still don't know who actually won the New Hampshire Primary.

(What say we actually count the ballots and put the questions to rest? Just sayin'...)

For good measure, we'll also post again below the rare video footage of Silvestro, along with the first-hand BBV footage of the infamous and stunning Leon County, FL hack of a Diebold optical-scan machine --- the very same ones used across NH on Tuesday --- and the one originally seen in HBO's Emmy-nominated Hacking Democracy...

NPR's Morning Edition reported yesterday that Douglas Feith, the Bush Administration's former Under Secretary of Defense for Policy, has a new job since leaving the Pentagon. Apparently he's busy rewriting history as a professor at Georgetown University.

In apparent and extreme denial, one of the main Neocon architects for Bush's failed war had the following extraordinary exchange with host Steve Inskeep (who, unfortunately, didn't correct the record, so we guess we'll have to) concerning the rationale for going to War in Iraq. Feith turned downright indignant when Inskeep suggested that there were analysts who didn't see Saddam Hussein as a threat before the war...

"Nobody saying that"?! Really? Here's just two of them for a start. Names that Mr. Feith might be familiar with:

"[F]rankly, [the sanctions on Iraq] have worked. He has not developed any significant capability with respect to weapons of mass destruction. He is unable to project conventional power against his neighbors."
- Colin Powell, February 24, 2001

"But in terms of Saddam Hussein being there, let's remember that his country is divided, in effect. He does not control the northern part of his country. We are able to keep arms from him. His military forces have not been rebuilt."
- Condoleeza Rice, July 29, 2001

What planet do these Bush dead-enders live on, anyway?! Amazing.

Guest Blogged By Michael Richardson

BOSTON - Diebold Election Systems, Inc., the controversial voting machine supplier, won't be supplying Massachusetts with its machines in 2008 and the company is not happy about it. So they are suing the state over the lost contract bid. But the solemn tone of Diebold's lawyer, William Weisberg, speaking in a hushed voice almost swallowed up by the stately, high-ceilinged courtroom of the Massachusetts Supreme Judicial Court this week, drew laughter from the jovial judge with a Cheshire cat grin and raised chuckles from the courtroom audience.

In a real upside-down, topsy-turvy presentation, Diebold was arguing on behalf of the state's taxpayers and kept talking about the "public interest" --- all while pitching to get its lucrative contract approved. In February, after a year-and-a half selection process, Secretary of State William Galvin picked rival company ES&S to supply the state with AutoMARK, accessible electronic voting equipment, as mandated by the Help America Vote Act.

As reported by the Boston Globe...

The hearing in the recently filed lawsuit was over Diebold's three emergency motions for a temporary injunction to stop delivery of the ES&S equipment, an expedited discovery order, and a confidentiality order. The judge later ruled, after the hearing, against all three motions although he allowed the lawsuit to proceed on a regular schedule.

While laughing, the judge wondered aloud about admissions made by Weisberg in the news paper that seemed to wholly contradict his failed court room strategy...

Guest blogged by Winter Patriot

The next Ned Lamont is just across the Connecticut border in Massachusetts, where voting rights leader John Bonifaz is similarly taking on the Democratic Party establishment in his grassroots campaign for Secretary of State. Bonifaz, a Democrat who sued George Bush on the eve of the Iraq war on behalf of soldiers, families of soldiers and members of Congress trying to prevent the illegal invasion, squares off against the incumbent, Bill Galvin, on September 19.

But the Lamont connection runs even deeper. Bill Hillsman, the media guru who produced the winning ads for Lamont and Paul Wellstone, is eager to jump into the race on the Bonifaz campaign, which could be the final ingredient that puts John over the top. What John needs now is the financial support to make the Hillsman addition a reality --- and if he can raise $25,000 by August 23, it will happen.

Meeting this goal would lead to Hillsman joining the campaign through the primary and the production of ads that would be used on the air, on the web and as tools for further fundraising success. Please go to John’s web site today to help make this winning combination possible. Your contribution is vital. We must support Democrats who stand up against entrenched interests and stand up for our rights as voters.

Guest blogged by David Edwards

A year after the legalization of gay marriage in Massachusetts, Ed Helms investigates to find out if the critics' worst fears have come true. Has gay marriage ruined Massachusetts?

Streaming Video in Real Media format...
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I don't have much to add here, but with everything else going on, somehow this AP story seems to have gotten overlooked today. And yet it's quite notable, so here it is...

At least something is still going right in this country and even the Supremes didn't screw this one up! Yet.