New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

Wisconsin's Republican Gov. Scott Walker has insisted, publicly and consistently, since the incredibly contentious introduction and eventual passage of his "Budget Repair" legislation early last year, that the need to remove collective-bargaining rights from public sector union workers was necessary only for balancing his state's alleged budgetary woes. It had absolutely nothing to do with breaking the unions, he said time and again, only with balancing the budget.

He maintained as much, even long after the public unions in question had agreed, as they did almost immediately, to concessions in pensions and benefits that would have closed the budget gap Walker pretended to be concerned about.

Opponents, in turn, had long charged that Walker's divisive legislation --- in the birthplace of public sector unions, nonetheless --- was about breaking the back of the unions on behalf of his corporate benefactors.

On Thursday night, video-taped evidence was made public supporting his opponents' contentions that the "Budget Repair" bill was about little more than breaking the unions. In the video, the Governor is seen, just before introducing the legislation in January of last year, speaking with local billionaire Diane Hendricks --- who eventually gave more money to Walker than any politician has ever received from one person in the state.

He is seen discussing his plan to "divide and conquer" public employee unions as part of his budget bill, in response to her direct questions about whether Wisconsin would ever be "completely red" and become a so-called "Right to Work" state. He went on to discuss his admiration for Indiana's Republican Gov. Mitch Daniels who, he said, was able to do away with unions "through executive order."

Walker laments that he is forced to do it legislatively in the Badger State, "So I need lawmakers to vote on it. But the key is by tying it to the budget," he says.

The conversation is seen in a new film by documentary filmmaker Brad Lichtenstein whose film, As Goes Janesville, is set to be released later this year on HBO. Milwaukee Mayor Tom Barrett, Walker's opponent in next month's recall election, has already used part of the bombshell video in the following campaign ad...

Guest blogged by Ernest A. Canning

Good news for democracy. Bad news for the GOP deceivers and the billionaire sociopaths, like the Koch brothers, who fund them. Missouri's courts have shown that their state's nickname, "The Show-Me State," is apropos.

In Weinschenk v. State (2006), the MO Supreme Court struck down a GOP-enacted polling place photo ID law because it violated the Equal Protection clause of the MO Constitution which treats voting as a "fundamental right." It recognized a compelling governmental interest in preventing voter fraud, but observed that "the Photo-ID Requirement is intended to prevent only impersonation of a registered voter and will not affect absentee ballot or registration fraud."

As the GOP could not muster evidence of in-person impersonation, they failed to establish that their 2006 Photo ID law was narrowly tailored to achieve a compelling governmental interest. The Court, in Weinschenk, based on the facts presented, also determined that the 2006 GOP Photo ID law operated as an unconstitutional poll tax, thereby violating the 24th Amendment to the U.S. Constitution.

But since when have Republicans hell-bent on undermining our system of electoral democracy let a few negative court rulings or fundamental Constitutional rights stand in their way?...

Guest blogged by Ernest A. Canning

92-year old Viviette Applewhite, 59-year old Wilola Shinholster Lee, 72-year old Grover Freeland, 86-year old Dorothy Barksdale and 93-year old Bea Booker are just a few of the Pennsylvania residents and long-time legal voters now fighting to retain their right to vote under the state GOP's new polling place Photo ID restrictions, according to a new lawsuit filed this week in the Keystone State.

The complaint goes on to argue that "there are countless other Pennsylvanians like them [some 80-90,000 according to the state's own data], who will lose the most cherished of all rights, the right to vote, unless the Photo ID Law is declared unconstitutional."

There is now, indeed, a very good chance that the law will, in fact, be declared unconstitutional according to The BRAD BLOG's analysis of the complaint, the state constitution and prior rulings in similar cases.

PA is just the latest of more than a dozen states over the past year where Republican-controlled legislatures and executive mansions have instituted voter disenfranchising polling place Photo ID restrictions. Governor Tom Corbett signed his state's bill into law in March, and promptly lied about his reasons for supporting the removal of voting rights for those lacking Photo ID on Election Day, claiming, without evidence, that some precincts in the state had 112% voter turnout in recent elections. As we reported at the time, that charge was dismissed as "ludicrous" and without evidence by a longtime state election integrity expert.

Nonetheless, "Act 18" has become the law of the land in Pennsylvania, for now, and, unless successfully challenged, will require that voters present a state-issued Photo ID when voting at the polling place in this year's November Presidential election for the very first time.

For the identical reasons that The BRAD BLOG accurately predicted that the League of Women Voters' legal challenge to a polling place Photo ID restriction law under similar provisions of the Wisconsin's Constitution would prevail (absent a political intervention from the Badger State's extraordinarily partisan Supreme Court), we also predict that new legal challenge filed this week in PA, attempting to block the state's draconian polling place Photo ID law, will similarly succeed...

There have been a few pieces of noteworthy news out of Wisconsin over the last few days in advance of their recall election primaries on May 8th (one week from Tuesday) and the recall general elections on June 5th. Some is largely positive for fans of democracy, but some of it, however, is both puzzling and a bit disturbing.

In the upcoming contests, Republican Gov. Scott Walker, his Lt. Gov. Rebecca Kleefisch and the seats of four Republican state Senators will all face a referendum by the citizenry at the ballot box. The historic elections come more than a year after the GOP took over all branches of state government during the 2010 wave election before proceeding to release the Kraken spark a popular uprising through the tyranny of Big Government removal of a number of citizen rights --- such as collective-bargaining and voting --- along with the heavy-handed implementation of a number of other extreme Rightwing policies.

Here's are several of those late developments --- not concerning the horse races, but concerning the actual track conditions for those races...

Several weeks ago we told you that Kathy Nickolaus, the controversial and oft-failed County Clerk of Waukesha County, WI, was stepping aside for the state's upcoming recall primary and general elections on May 8 and June 5.

The news that she would not be performing her usual election administration duties came on the heels of yet another embarrassing debacle in the state's most Republican county during their April 3rd Presidential Primary.

Nickolaus' decision to temporarily hand over her duties to Waukesha's Deputy Clerk Kelly Yaeger for the two recall elections was prompted after calls for her resignation by the chair of the County Executive Board as well as local newspapers. The most recent mess was said to have been caused by a failure of her computer system to upload computer-reported elections results of county municipalities until 6am on the morning following that election.

Shortly after the latest mess, during an interview while we were guest hosting the Mike Malloy Show on April 6th, election integrity expert John Washburn of Wisconsin Fair Elections explained to us that Yaeger had been both hired and trained by Nickolaus herself.

The temporary replacement by her Deputy offered little comfort for Washburn. Prompted by recent disturbing news that elections run on electronic tabulation systems identical to those used in Waukesha County had recently been found to have named several losing candidates as "winners" in elections in a different state, Washburn, a Republican, suggested he had little basis for confidence in whatever reported results might come out of the state's most Republican-leaning county in the upcoming recalls.

It appears that Washburn is not alone. Late Friday, it was reported that a number of the municipalities in Waukesha will be bypassing the County Clerk's office entirely by first sending their election night results straight to the Government Accountability Board (G.A.B.), the state's top election agency. But it may be new concerns about computer-tallied results in the Badger State that present even greater problems for the historic elections beginning next month in the Badger State...

Guest blogged by Ernest A. Canning

On Monday, the Wisconsin Supreme Court issued two one-sentence orders declining to hear both appeals filed by Republican state Attorney General J.B. Van Hollen in two different polling place Photo ID cases. In both, judges in lower courts had blocked the controversial voting rights restrictions passed by Republicans last year, finding that the law violated the state Constitution's guaranteed right to vote.

Republicans had hoped to overturn the temporary injunction placed on the law by Dane County Circuit David Judge Flanagan in Milwaukee Branch of the NAACP v. Walker and the permanent injunction issued by Dane County Circuit Judge Richard Neiss a week later in League of Women Voters of Wisconsin Education Network, Inc. v. Walker.

The issue of a permanent injunction in the NAACP case is being heard this week in Judge Flanagan's court. The evidence included the videotaped testimony of 84-year old, home-born Ruthelle Frank, an elected member of the Brokaw Village Board who has voted in every election since 1948. Frank now faces disenfranchisement because her lack of a birth certificate prevents her from obtaining one of the "free" photo ID forms needed to cast a vote under the now enjoined law, unless she is willing to spend more than $200 for both a birth certificate and the necessary changes to state birth records to correct typos on her name in the state registry.

Van Hollen, whose office said it was "surprised and disappointed" by the Supreme Court's decision, had sought an immediate stay of the injunctions on the grounds of perceived irreparable harm if the upcoming recall elections were conducted without his party's new, draconian Photo ID restrictions in place.

The WI Supreme Court decision this week coincides with an announcement by the American Legislative Exchange Council (ALEC), in response to "a massive corporate exodus," that it is abandoning its effort to see that state legislatures pass its "model" polling place photo ID restrictions...

[Now UPDATED with audio archives below. Enjoy!]

We're back tonight guest-hosting the nationally-syndicated Mike Malloy Show tonight and it's gonna be a busy one!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• JOHN WASHBURN of Fair Elections Wisconsin on the breaking news about Waukesha County, WI's Kathy Nickolaus, the upcoming state recall elections of Gov. Scott Walker and friends, and what you all need to know and do in order to make sure we can all have confidence in the reported results!
• PAMELA SMITH, President of Verified Voting Foundation and DAN MCCREA, President of the Florida Voters Foundation on the March 13th election disaster that struck Palm Beach County, FL as Dominion/Sequoia optical-scanners declared several losing candidates as the "winners", requiring a court to approve a hand-count last weekend to determine the real winners of the elections. And on why the hell we just don't start, finally hand-counting ballots in the first place, as per "Democracy's Gold Standard".
• GABRIEL REY-GOODLATTE of ColorofChange.org on their Anti-ALEC campaign calling on corporations to stop their funding of the American Legislative Exchange Counsel (ALEC) due to their voter-suppression advocacy and much more.
• MARGOT PAEZ of KPFK's Evening News on the fall out from students who were pepper sprayed at Santa Monica College this week while trying to express their opinions to the Board of Trustees on a 400% tuition hike.
• PLUS! Much much more than we don't have time to detail here, your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: All three "hours", busy ones, commercial-free, now follow below. My Easter/Passover gift to you. Enjoy! (And no, Elijah never showed up, even though we kept an open mic for him all night. Slacker.)...

Waukesha County's oft-failed election administrator, Kathy Nickolaus will not participate in the upcoming recall elections for Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

The BRAD BLOG first learned the news from a Wisconsin Election Integrity advocate late this afternoon, and it has now been confirmed with a statement issued by the office of Waukesha County Executive Dan Vrakas.

Her decision to recuse herself from the May 8th recall primaries and June 5th recall general elections comes on the heels of yet another embarrassing election administration failure this past Tuesday by the controversial County Clerk in one of the Badger State's most Republican counties.

According to Vrakas' statement, the elected Nickolaus --- who will face her own re-election contest later this year --- was given two choices by the County Executive, either resign or step aside for the upcoming recall elections.

"In a meeting this afternoon I presented two options to Waukesha County Clerk Kathy Nickolaus," Vrakas' statement reads, "resignation, or designating the deputy clerk to run the upcoming recall election."

"Kathy agreed to hand off her election duties to the deputy county clerk in order to avoid my public call for her resignation," says Vrakas. "In stepping aside, Kathy also agreed to allow outside consultants and county staff to work side-by-side with the deputy clerk to help restore confidence in our election process. The county will move swiftly to examine the election night procedures in the County Clerk’s Office and make changes as necessary to restore public’s confidence in our elections."

Calls for her resignation occurred once again following her failure to post local election results online in a timely fashion on the night of the April 3rd primary elections this week.

The BRAD BLOG has been reporting on the many election administration failures of Nickolaus going back as far as 2010 when she refused to change a number of procedures at the request of County Executives after an audit found serious deficiencies in her security processes, such as failing to post election results online, and tracking them only on a personal computer in her own office. But it was the April 5, 2011 election for state Supreme Court (exactly one year ago today) that brought national infamy to Nickolaus...

Today on KPFK/Pacifica Radio's The BradCast I spoke to Pamela Smith, President of Verified Voting Foundation and Dan McCrea, President of the Florida Voters Foundation about the recent mess in Palm Beach County, FL where the electronic Dominion/Sequoia optical-scanners declared several losing candidates as the "winners" in a March 13th election. It took approval of a court to carry out a hand-count last weekend to determine the real winners of the elections.

So do either Smith or McCrea have confidence that the same problem hasn't already occurred or won't occur again in the 14 states (including many swing states and even Wisconsin) which use identical computer systems to tabulate votes? Do they think enough is enough and it's time to simply hand-count paper ballots, as per "Democracy's Gold Standard"? You'll have to listen to find out.

We were also joined by Margo Paez, just back from Santa Monica College, with her report on the outrageous pepper spraying of students (and one toddler) there last night; Desi Doyen with the latest Green News Report and a remembrance of MLK who was assassinated in Memphis 44 years ago today as we find ourselves still in much the same fight for civil and human rights all of these decades later (hat-tip Tony Sorrentino and Desi Doyen for the really cool, and touching, montage!)...

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

P.S. Reminder: We don't post all of The BradCasts here, but you can subscribe to the RSS feed to get all of our weekly shows as soon as they're archived, or you can visit the KPFK archives page for the show anytime.

During yesterday's Wisconsin primary election, a number of paper ballots were sent out in several counties that were reportedly too wide to be tabulated by the computerized optical-scan systems used to tally ballots in the state. The same exact thing happened just two weeks ago during the Illinois primary sending election officials into a panic and causing delays for some voters.

Then, as now, the problem has been chalked up to a paper-cutting error by the printers. Perhaps that's true, perhaps it's not. We'll take them at their word, barring evidence to the contrary. Innocent errors can and do happen.

But whether that's an accurate explanation or not, one way in which the failure was dealt with in both Illinois and Wisconsin continues to be extremely troubling and, frankly, offense: the practice of election workers manually "remaking" the ballots of voters after the election, in ostensible secret, and before they are tabulated...

Guest blogged by Ernest A. Canning

The War for Wisconsin continues.

In one of the latest Battles for the Badger State, Brendan Fischer of the Center for Media and Democracy (CMD) filed a broad-based ethics complaint [PDF] with the Wisconsin Government Accountability Board (G.A.B) charging that 43 Republican state legislators are in violation of both the state's ethics and lobbying laws. The named respondents in the March 23 complaint include three Republican Senators, Scott L. Fitzgerald, Van H. Wanggard and Terry Moulton, who are now facing recall elections.

The complaint alleges that lawmakers now serving in the Wisconsin state legislature violated state ethics laws by accepting corporate lobbyist-funded "scholarships", in order "to attend meetings of the American Legislative Council (ALEC)" and that many of them failed to list receipt of monies from the ALEC scholarship fund on their 2011 Statement of Economic Interests, as required by state law. In several instances, the complaint also asserts, legislators received prohibited "gifts" from corporations and their lobbyists in violation of Wisconsin ethics and lobbying laws.

The CMD complaint goes on to argue that the ALEC legislative "Task Force" system, in which "ALEC legislators and corporate lobbyists meet behind closed doors on 'model' legislation," violates Wisconsin's Open Meeting Laws. The serious charge speaks to the extent to which corporate power has not merely undermined but supplanted the very essence of "representative democracy"...

A public hand-count of paper ballots in Palm Beach County, FL over the weekend has decisively determined the winners and losers of several disputed elections after paper ballot optical-scan computer tallying systems made by Sequoia Voting Systems (now owned by Dominion Voting) declared the incorrect "winners" of several races in a March 13th election.

But a dispute over who is to blame for the initial failure flared up again over the weekend as Dominion issued a statement that seems to contradict their previous admission that their software was to blame.

"The hand-count was 100%. We weren't missing a ballot," the Palm Beach County Supervisor of Elections Susan Bucher told The BRAD BLOG this afternoon about what happened over the weekend. "Frankly, without paper ballots and without audits, we would have let the wrong winners serve."

What will happen next, however --- for Palm Beach County, one of Florida's largest, as well as the other 285 jurisdictions across the country where the very same voting system is currently in use --- is anything but clear...

Our own crack legal analyst Ernie Canning pulls together many of the strands we've been reporting here, for many months, on the Wisconsin GOP's attempt to dismantle voting rights in their state in advance of both the 2012 Presidential Election and, perhaps more importantly, before the upcoming recall elections of Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators.

It's all a part of the continuing "War for Wisconsin" which we've been covering in great detail here at The BRAD BLOG for quite a while.

If you've had any trouble keeping up, or missed any of the thrilling chapters in the state Republicans' if-ya-can't-beat-'em-disenfranchise-'em, take-no-prisoners assault on the voting rights of legal voters, Ernie puts it all together and brings you right up to date in an interview today by OpEdNews' Joan Brunwasser...

Out of scores of journalists who work for the Gannett Wisconsin Media-owned Green Bay Press-Gazette, just seven were willing to offer their personal, non-business related support for a recall of Wisconsin's controversial Gov. Scott Walker. They are now being disciplined.

The rest, the vast majority of Press-Gazette employees, all cast a vote for their support of the Republican Walker's fitness to complete his term as governor by refusing to sign the petition for his recall.

How can we now trust them to report without bias on the Walker story they are tasked with covering in a neutral fashion?!

Despite the clear and unethical conflict of interest demonstrated by their support for Walker --- for which the Governor is almost certainly grateful --- those journalist are somehow still expected to cover the Democratic Party and union-supported political challenges against him and his administration in an impartial manner.

Clearly, that is impossible. At least according to an editorial published last night by Kevin Corrado, the president and publisher of the Green Bay Press-Gazette...