Guest Blogged by Alan Breslauer and Brad Friedman

The question (video below) in the CNN/YouTube seems to be about "standardizing" voting systems around the country. The only one given the opportunity to answer it is New Mexico's Governor Bill Richardson, who should have hit this out of the park since he signed a bill to outlaw the use of DRE touch-screen systems after disaster in NM in the 2004 election.

Though his answer uses the phrase "touch stones" (we'll chalk it up to nervousness, we guess) and he goes on to use the phrase "verifiable paper trail" (instead of paper ballot), he's clearly speaking about actual ballots since he calls for those "verifiable paper trails" with "optical scanners."

Richardson is theoretically trying to break out from the pack. He ought to be able to use his status as the only candidate to have actually outlawed dangerous, disenfranchising DRE touch-screens to distinguish himself from the others. It might help, however, if he got his words right. But at least someone spoke to democracy, finally, in the midst of this absurd Presidential Election campaign.

Anybody else in the pack care to speak up and stand up in favor of democracy? Anyone? Bueller? We're waiting.

The video of the question and answer, appx 1 minute, follows in full...

Blogged by Brad from Nashville...

While it's tough keeping up from the road --- where we will be for a long while still --- we rest much easier knowing that Greg Gordon of McClatchy Newspapers continues to lift the rocks and scrape off the slime that's found under them in the name of the disgraced "non-partisan" GOP front group calling themselves the "American Center for Voting Rights" (ACVR) and their vote-suppressor in chief, the Bush/Cheney '04 General Counsel, Mark F. "Thor" Hearne.

Today, Gordon advances the ACVR story --- which we broke more than two years ago and have been drilling down into ever since --- with the latest in his string of doozies that he's been rolling out since jumping on the beat.

His latest must-read begins by detailing the ACVR Menace as it reached its tentacles into New Mexico and the case behind the political firing of U.S. Attorney David Iglesias.

He also details some fresh gut-busters from our friend Thor, whose turds just don't seem to have the same luster they once did, when previously offered to a far less dubious media...

*** Special to The BRAD BLOG by Greg Palast

"The wheels have come off, the engine is on fire and no one is driving," Captain David Iglesias told me yesterday. I'd asked the Naval Reserve officer, heading off to duty in Norfolk, why he didn't want his old job back, United States Attorney for New Mexico.

The busted, burning, ghost-mobile he described is the Department of Justice, driven by Alberto Gonzales. Or is Karl Rove at the wheel? Or no one? Whomever, he didn't want to jump back into Bush's Justice Jalopy.

Today, Iglesias is in Washington to pull the junker off the road, meeting with the Office of Special Counsel where Obstruction of Justice may be swirling around in the old oil pan laying on the garage floor.

The ex-prosecutor and I, long, long ago, had both worked for the Attorney General of New Mexico, a state where the snakes have less venom than the politicians.

First, there's Senator Pete Domenici, whose hiss is as smooth as his bite is deadly.

Domenici, softball interviewer Chris Matthews notes, is a nice guy. On TV. However, the Republican Senator's call to Iglesias at his home, just before the 2006 midterm election, asking the prosecutor about filing charges against Democrats in the week before the vote, was downright rude. When the prosecutor replied in the negative, the Senator hung up.

And apparently, the Senator contacted one Monica Goodling who, scribbled on a notepad: "Iglesias - Domenici says he doesn't move cases." Oops. Goodling, a political stooge working for Gonzales, was listing the reasons for firing US attorneys. Now, rudeness was no longer the issue. Firing a prosecutor for failing to "move cases" --- handcuff citizens at the request of a Senator --- is Obstruction of Justice.

No wonder Monica took The Fifth.

Of course, the Rove dogsbodies at Justice couldn't tell Congress they fired Iglesias because he wouldn't jump at the Senator's rattle. They reached for another complaint on Monica's list: "absentee landlord." Deputy Assistant Attorney General Paul McNulty used absenteeism as the official reason for dismissal. McNulty's resigned.

He should have taken The Fifth....

As reported by Democracy Now on Wednesday...

Ah yes, the always reliable GOP "vote fraud" scammers' "ACORN canard" rears it's ugly (and unsubstantiated) head again. The NEWSWEEK article referenced above is here.

ACORN is the "Association of Community Organizations for Reform Now", a group which has successfully run voter registration drives across the country in low-income and minority areas.

As we reported back in December of 2005 --- when high-level GOP operative James Tobin was actually found guilty of jamming Democratic 'Get out the Vote' phone lines in order to keep voters away from the polls in 2002 by "orchestrating an election day phone-jamming plot against New Hampshire Democrats" --- the ACORN nut had already fallen off the Republican's "vote fraud" tree.

ACORN had "been vindicated of the various bogus charges, as virtually all of the frivolous lawsuits and investigations the GOP liars made so much noise about had simply collapsed by then," as we reported at the time in linking to ProjectVote.org's coverage.

And yet, the scam, built deep in the heart of Texas (by Rove and his slimy, democracy-hating operative buddies at the phony ACVR), just kept rolling...

New Mexico attorney John Boyd, who was working with state Dems at the time, had a front-row seat to the bogus 2004 "voter fraud" charges in the state, and wrote about it, in some detail, for BRAD BLOG a few weeks ago.

It's always been about undermining democracy for these jerks. From 2000 on up to 2008, the quest for power trumps the people in the minds of the wretched GOP evil doers.

As you might expect, there is much more to the "voter fraud" angle in the U.S. Attorneys Purge scandal than initially meets the eye. As you might also expect, we've taken keen notice as we've long been following and reporting on the insidious machinations behind the GOP/White House/Rove scheme to (rather successfully) invent the cynical notion of a "voter fraud" epidemic in America for purely political purposes.

First... Allow me to set the stage for the unenlightened by referring you to an amazingly wonderful new report [PDF] on the manufactured myth of American "voter fraud" as released by ProjectVote.org and authored by Lorraine C. Minnite, Ph.D., an assistant professor of Political Science at Barnard College, Columbia University.

Among the report's key findings [PDF]:

• Voter fraud is extremely rare.
• Most voter fraud allegations turn out to be something other than fraud.
• There is a long history in America of elites using voter fraud allegations to restrict and shape the electorate.
• The historically disenfranchised are often the target of voter fraud allegations.

Finally, an academician thoroughly debunks --- nay, eviscerates --- the long-worked, well-moneyed, and invidious GOP plot to create the illusion of an American "voter fraud" epidemic (as distinct from very real election fraud concerns). The point behind the effort is solely to push for disenfranchising laws and restrictions in an effort to keep legitimate voters away from the polls in our democracy. If you read only one page of this report, "The Politics of Voter Fraud," it will be well worth your time!

Second... The phony "non-partisan" GOP front-group calling themselves the "American Center for Voting Rights" (ACVR), created in 2005 for nothing more than to facilitate the White House/Karl Rove "voter fraud" schemes, seems to have suddenly gone missing! BRAD BLOG readers will recall the despicable operatives who set up their "tax-exempt," "voter fraud" chop shop just three days before testifying at a staged Congressional hearing on the 2004 Ohio Presidential Election before the now-disgraced, felonious former Ohio Rep. Bob Ney of the House Administrative Committee. We broke the story exclusively at the time, and have continued reporting on it in a long series of special coverage reports ever since.

The alleged 501(c)3 group --- which has never produced paperwork to back up its tax-exempt status, to our knowledge --- was founded by the "non-partisan," "former" Bush/Cheney '04 Inc. national general counsel, Mark F. "Thor" Hearne, along with "non-partisan" RNC Communications Director Jim Dyke. Dyke now works for non-partisan Dick Cheney's office. Hearne then, and apparently still now, seems to be working for Karl Rove as one of his top national operatives.

Since news coverage of the tip of the iceberg in the GOP "voter fraud" scam has been revealed as directly related to the U.S. Attorney Purge scandal, it seems that all of a sudden the ACVR's detailed and propaganda-filled website has suddenly disappeared down the memory hole. As of today, both of ACVR's domain names AC4VR.com and AmericanCenterForVotingRights.com each return "Bad Request (Invalid Hostname)" errors.

Gone, but not forgotten. As we find out more on the AWOL ACVR we will, of course, let you know.

Lastly... Though certainly not leastly, John Boyd, an Albuquerque, New Mexico, based elections attorney who worked with the Democratic party in the state during the 2004 election, sends us the following inside account of the scandal surrounding recent reports that purged NM U.S. Attorney David Iglesias was removed for his unwillingness to prosecute claims of "voter fraud" in the state prior to the 2004 Presidential Election.

Before the election, Boyd helped represent the Dems in defending against the scurrilous GOP "voter fraud fraud," as he calls it. After the election, he successfully filed suit, along with the watchdog organization VoterAction.org, against the state concerning failures in their DRE/touch-screen voting system. That suit eventually led to a statewide ban on such systems and a requirement for paper-based elections.

Boyd writes that the firing scandal is actually "far worse than it now appears." His harrowing, first-hand account and reasons for that claim, as sent to us this morning, details how the GOP manufactured their pre-election "voter fraud" crisis in the state, despite lacking any evidence of any actual crimes.

His first-hand description of the events follows in full...

"We were looking for any impact the change to paper ballots may have had on New Mexico’s historically high undervote rate. When we found the dramatic drop in Native American precincts, we were shocked," says New Mexico's Theron Horton. The Election Defense Alliance (EDA) activist added, "something was going on with the DREs in those precincts in 2004."

Something indeed.

Details now out from New Mexico reveal that undervote rates dropped precipitously in both Native American and Hispanic areas after the state moved from DRE (Direct Recording Electronic touch-screen) voting systems in 2004 to paper-based optical-scan systems in 2006. In Native American areas, undervote rates plummeted some 85%. In Hispanic communities, the rate dropped by 69% according to the precinct data reviewed by EDA, VotersUnite.org and VoteTrustUSA.org.

Ellen Theisen, then-Executive Director of VotersUnite.org, reviewed the original high undervote rates in the state after the 2004 elections, but hadn't broken it down to compare DRE/touch-screen vs. Op-Scan precincts. "When I heard of Theron’s work," Theisen says in today's press release, "I performed the comparison, and found that it’s the paper ballots that made the difference in the minority precincts.”

New Mexico banned the use of DREs across the state after their disastrous experience with Sequoia touch-screen voting machines during the 2004 Presidential Election. They now require a paper ballot for every vote cast statewide.

As he signed the bill which banned DREs into law in early 2006, New Mexico's Gov. Bill Richardson wrote a letter to Election Officials in all 50 states, warning that while "some believe that computer touch screen machines are the future of electoral systems...the technology simply fails to pass the test of reliability."

"One person, one vote is in jeopardy if we do not act boldly and immediately," Richardson implored, while decrying the failures of DREs in his state and supporting paper ballots. "When a vote is cast, a vote should be counted," he wrote.

The BRAD BLOG has reported on the urgent need to ban disenfranchising DRE voting systems --- with or without a so-called "paper trail" --- from all American elections.

Here's an easy to understand graph from the short, two-page report [PDF] published on the New Mexico data over the weekend along with the raw data at VotersUnite.org:

Any questions?

Of course, we've been covering Christine Jennings's (D) refusal to concede and her stand in favor of the voters in the FL-13 fiasco. And though we haven't mentioned it lately, vote-rigging whistleblower Clint Curtis (D), rather than conceding, is convening a group of volunteers to verify the reported "results" of his race against the corrupt Tom Feeney (R) in FL-24.

But several other House candidates, from North Carolina to Ohio (but not New Mexico), are still fighting to assure the voice of the voters is accurately heard...

We hate to rely on such questionable fringe sources as Associated Press, but for lack of time today, we'll point to their coverage of the remaining "handful of close contests for the House" which are still undecided.

The races that AP describes as "still in dispute" are in NM, NC, FL, and two in OH (naturally).

In addition to the completely obvious and resignation-worthy mess in the FL-13 race, The BRAD BLOG would draw particular attention to the less-discussed contest in New Mexico's 1st Congressional district. We've been plowing through first-hand accounts sent our way detailing the disasterous state of conditions in the counting rooms out there where there's a very close race between incumbent Rep. Heather Wilson (R) and her opponent Patricia Madrid (D).

Based on the exceedingly detailed reports we've read so far of the (ahem) less-than-optimal-or-accurate initial tally of votes (yes, Bernalillo County, we're talking to you), we'd suggest any recount of that race must be done as a complete hand count of all ballots in order to assure the final result actually resembles the intention of New Mexico's voters.

But we just may be radical that way.

Just off the phone from a DNC insider --- very much in a position to know --- who says the following races are being considered, as of this afternoon, to still be very much in play by the DNC (* = Incumbent, Results shown latest reported by state websites as available):

NC-8: Larry Kissel (D) 60,016 / Robin Hayes (R)* 60,481
CT-2: Joe Courtney (D) 121,321 / Rob Simmons (R)* 121,151
FL-13: Christine Jennings (D) 118,739 / Vern Buchanan (R) 119,116
NM-1: Patricia A. Madrid (D) 103,376 / Heather Wilson (R)* 104,863
OH-15: Mary Jo Kilroy (D) 98,100 / Deborah Pryce (R)* 101,636
OH-2: Victoria Wulson (D) 112,952 / Jean Schmidt (R)* 115,817

The source believes that all of the above races, each of them currently very, very close, are winnable and the feeling is that they "could easily win three of those six."

In each --- except for CT-2, where Courtney is leading --- the Democratic candidate is currently trailing in the reported results as absentee, provisional, and paper ballots are still be canvassed. As well, challenges and recounts are underway in some of those races (we hope to have more detail shortly here on a couple of those races).

(UPDATE: Several readers have written to ask if other races beyond those mentioned above --- such as the U.S. House race in Washington state's 8th Congressional district between Democrat Darcy Burner and Republican Dave Reichert --- are now off the table as far as the DNC is concerned. The races reported above are the only ones named explicitly to us by the DNC sources. However, two different sources there have confirmed that they are largely driven by the folks on the ground in the states, and would urge that noise be made locally --- and loudly enough that higher-ups might hear it at the DNC --- in order to gain more attention from the national party to other such races still of concern.)

The source also adds that the DNC is considering whether or not to ask for contributions from the public to a legal fund to assure they will have the funds needed to provide full legal resources to thoroughly challenge each of those races.

As well, The BRAD BLOG has also learned the DNC is still keeping their eyes on the Colorado Secretary of State race between Ken Gordon (D) and Mike Coffman (R), given the problems revealed in Colorado's disasterous certification procedures for voting machines prior to the election, and their massive meltdowns on Election Day in Denver and elsewhere which caused thousands of voters to be turned away from the polls due to machine malfunction.

AP is reporting today that Coffman's lead is beginning to look insurmountable, though given the fact that Gordon's numbers in Denver alone outpace Coffman's by some 70 to 30 percent, the fact that Denver voters, specifically, were disenfranchised at such an alarming rate due to equipment failure on Election Day, certainly "exemplifies," as the source put it, the need for Election Reform across the country and the importance of Secretary of State races.

The six U.S. House races named above, of course, are just the federal races that the DNC considers "still in play," but there are innumerable local races and initiatives being challenged around the country, as another DNC source told The BRAD BLOG this morning. As well, there are a number of Congressional races where the candidates have, honorably, refused to concede until every vote is counted and accounted for.

Clint Curtis, the vote-rigging whistleblower who ran against Tom Feeney, the man he claims asked him to create vote-rigging software in 2000 (as The BRAD BLOG originally broke back in 2004 and whose story we've been following closely ever since) has issued a press release this morning saying that he will not concede in the race until every vote is accounted for.

"The right to vote and to have that vote counted accurately is the very foundation of our democracy, and I owe it to the voters in my district and the state of Florida to continue to push for accurate, honest elections," Curtis said in the news release. He points out that as a candidate, he "now has the legal standing to pursue an investigation into the anomalies," which he claims were reported during his race.

"I can accept that the citizens across the state of Florida were out of step with the rest of the country," added Curtis, "as long as we know that this election truly reflects their intent." The Florida Secretary of State's website currently shows Feeney leading Curtis 58 to 42 percent.

In California's 50th Congressional district, Francine Busby (D) has still refused to concede in her race against Brian Bilbray (R) in which she reportedly trails 54 to 43 percent. We applaud Busby's refusal to concede given the outrageously bad administration of the election across the entire San Diego County as overseen by Registrar Mikel Haas, one of the country's worst.

A Zogby poll taken on Election Day (and shortly thereafter) shows an unexplained 6 point disparity with the final results as we reported last week.

As reported earlier today, Haas's resignation was called for on Election Night by San Diego County Democratic Party Chair Jess Durfee after voters were disenfranchised across the county when Diebold touch-screen systems failed to work and not enough paper ballots were made available for voters. Many of those voters ended up voting on Spanish language paper ballots after English ballots had run out by 9am on Election Day; others simply gave up and went home or to work without being able to cast a vote at all.

We echo Durfee's call for Haas to step down immediately. San Diegans deserve honest and accurate elections in which the voters may have confidence in the reported results. Haas has, disgracefully, provided none of the above during his irresponsible tenure.

We originally reported that the Democratic candidate was trailing in the reported results in each of the six DNC-named races. In fact, Democratic candidate Joe Courtney in the CT-2 race is currently ahead in the results as reported so far. We've corrected the original misstatement in the article above. Further, AP is now reporting Courtney as the winner after a final canvassing of the ballots.

Blogged by John Gideon

UPDATE: See the update at the end of this article describing the injunction now received from a New Mexico judge enjoining the Republican party in the state from making phone calls to non-Republican voters in the wake of what appears to be wide-spread dirty tricks in the state, aimed at Hispanic voters by the GOP.

The following email has been sent to various listservs by the party who received these phone calls. It is only one complaint from one party but it is probably indicative of phone calls made to hundreds of voters in the state of New Mexico. Everyone needs to be wary of any phone calls alerting them to last minute changes of polling places. Call your county to find out if there are any changes and then call 1-866-OUR-VOTE and report the incident:

Follow-up: The aggrieved party contacted DNC attorneys who got an injunction against the state Republican party to stop them from giving polling location information to non-Republican voters. There is thought that voters with Hispanic surnames were targeted.

The judge who issued the injunction via cell-phone while she was at a basketball game, has scheduled a hearing for tomorrow. The Dems need to have more voters who will step forward and join in the lawsuit.

NOTE: We will follow-up with contact information for the attorneys just as soon as we can get it.

UPDATE BY John Gideon 5:25PM: Any aggrieved New Mexico voter is encouraged to contact attorney John Boyd at 505-842-9960.

UPDATE BY John Gideon 8:45AM: We have just been contacted about the Temporary Restraining Order (TRO) that we reported was issued last evening. In fact that TRO was withdrawn by the judge after the Republican Party of New Mexico called and claimed that the phone calls were just "innocent mistakes". There is no injunction or any other decision at this time. It is being reported that a judge will hold a hearing at 10:30 local time this morning. It is also being reported that the "innocent mistake" was also made with at least six people who have stepped forward.

In an article on this issue from the Santa Fe New Mexican and the Associated Press the following is reported:

What Ms. Kramer fails to explain is who made the two phone calls from the GOP offices that followed the incident she reports. An "innocent mistake" once, but three times it is no longer "innocent" or a "mistake".

Guest Blogged by John Gideon

"American citizens once took for granted that every vote mattered, but no longer. It is time that we, the elected state officials, work to restore American's confidence in our electoral systems and undertake reform that moves to eliminate skepticism and uncertainty." --- NM Governor Bill Richardson's 3/1/06 Letter "To the State Officials of the 50 United States of America" (Posted in full below)

Today Governor Bill Richardson of New Mexico made a powerful statement to officials in all states (see full letter below) as he announced that tomorrow he would be signing legislation that would require the state of New Mexico to go to a paper ballot based voting system. No longer will the state use Sequoia DRE (touch-screen) voting machines...the machines that reported large numbers of undervotes in previous elections...The same machines that disenfranchised minority voters...The technology Richardson describes as "simply fail[ing] to pass the test of reliability" in his open letter published today.

The Governor has also announced that the bill's signing ceremony will be webcast. The announcement says:

This all sounds wonderful, except???opponents of the legislation managed to get the legislation amended so that voting systems "owned or used" as of 1 May 2006 that do not use paper ballots can continue to be used until, among other things, debt on purchases of those machines are paid by the state. Then, the bill that appropriated funds to pay off the debt died in committee. Now the state needs to find the money to pay off the debt.

UPDATE 3/3/06: Signing ceremony video and petition calling on all states to join NM now here.

The complete letter from Gov. Richardson of New Mexico follows...

Guest Blogged by John Gideon of VotersUnite.org and VoteTrustUSA.Org

According to a January 3 article on VoteTrustUSA, Secretary of State Rebecca Vigil-Giron delayed the purchase of 800 Sequoia Edge touch screen voting machines that some New Mexico counties had chosen to meet federal accessibility requirements.

On January 5 Voter Action amplified and corrected the statements of the Secretary. In their press release, Voter Action said:

NOTE: There is presently NO Sequoia voting system that meets the presently in force voting systems standards. The best that Sequoia can do is to meet standards that are 15 years old. Today this reporter called the Election Assistance Commission and I was told that Sequoia has nothing close to federal qualification at this time. This means that counties who have purchased their voting machines on the promise of being compliant by January 1, 2006 cannot meet the Help America Vote Act of 2002 accessibility mandates.

Guest Blogged by John Gideon of VoteTrustUSA.org

Last month The BRAD BLOG reported on an important lawsuit underway in New Mexico. We can now report that a Temporary Restraining Order (TRO) has been filed and that plaintiffs have been added to the suit.

Today, attorneys for Patricia Rosas Lopategui, et al. and against Secretary of State Rebecca Vigil-Giron, et al. filed a temporary restraining order asking District Judge Eugenio Mathis for an emergency order blocking the Secretary of State from spending millions of dollars on Sequoia AVC Edge touch screen voting machines for use in Bernalillo, Dona Ana, Santa Fe and 11 other counties. According to their press release VoterAction, the group who is providing support to the attorneys and the plaintiffs in this case, says:

As a part of their case, plaintiffs submitted the affidavit of Noel Runyan, an expert on the design of disabled access devices. Mr. Runyan, who is blind, gave this harsh assessment:

The work done by these attorneys has already begun to reap benefits outside of the state of New Mexico as attorneys in other states have begun asking for advice and assistance. VoterAction has a copy of the filing and all attached exhibits posted on their website.

We've failed to report too terribly much on it to date, but there is a very important lawsuit quietly proceeding in New Mexico which is challenging the results of the 2004 Presidential Election there. The final result of that election was very close, and Election Reform advocates --- and indeed a great deal of evidence --- suggest that something was amiss there. Michael Collins wrote a good article about the suit a couple of weeks ago for New Zealand's SCOOP.

Yesterday, VoterAction.org sent out an email about some roadblocks that the plaintiffs are suddenly facing in the discovery phase of the trial. They were supposed to have been allowed to have experts inspect --- for the first time --- the Electronic Voting Machines that were used in the '04 Election, along with the actual results that they gave.

All of a sudden, Voter Action says, the county clerks have flat-out refused to permit the inspections by the plaintiffs' experts. That, after some interesting evidence has already been found by the experts during discovery, like tests where they were able to see votes for one candidate being registered for their opponent (as has been so widely reported as happening in so many elections of late!) and ballots being confirmed with NO choice for President at all, which wasn't supposed to have been possible on at least one of the machine types being looked at.

Voter Action didn't post the article from their email on their website, so we'll post it here in its entirety. Check it out...