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...

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Earlier today, we highlighted Rachel Maddow's latest report on the "GOP War on Voting" which, among many other important things, referenced the ridiculously close results from Ohio's GOP Presidential Primary last Tuesday as currently reported, and the fact that there are still a bunch of untallied votes there even today for some unknown reason. Her point in noting the slim margin is to underscore the very serious effect that new Republican voter-suppression laws are likely to have on not just the Presidential race this year, but also on State and local races as well.

But one of the items she does not note about Ohio's reported tally, and which I've been trying to get more information on since Tuesday night, is some of the actual reported numbers out of the U.S. House Primary race between progressive Reps. Marcy Kaptur and Dennis Kucinich. Their Congressional Districts were combined by the recent Republican redistricting there, so they were forced to face off in last Tuesday Democratic primary.

Kaptur reportedly won the race, according to the numbers posted on the Ohio Sec. of State's website. Those results, summarizing the numbers in each of the five districts which now make up Ohio's new 9th Congressional District, include these reported results out of Lucas County (Toledo):

Now Toledo is Kaptur's current district, so it might make sense for her to win a lopsided victory there. Kucinich reportedly won handily in his own Cuyahoga County district of Cleveland by a 72.5% to 24% margin.

But really? 94% to 3.7% over Kucinich in Lucas County? 22,269 votes to just 870 votes? Those are Saddam Hussein-like numbers. Are they even plausible? I've been trying to learn more and would certainly welcome any input from folks who know the politics in that area of the state better than I do. If there is a perfectly reasonable explanation for those results, I'm certainly open to hearing it.

Unfortunately, all Lucas County voters are forced to vote on 100% unverifiable Diebold touch-screen voting machines on Election Day. So whatever the numbers really should have been will ultimately remain unknown, as it's strictly impossible to determine if even one vote, ever cast on any such voting machine, for any candidate or initiative on any ballot, in any election, has ever been recorded accurately as per any voter's intent.

Some 20 to 30% of voters across the nation will still be forced --- shamefully, even after all that we now know about these oft-failed, easily-hacked machines --- to cast their ballots on the very same and other similarly 100% unverifiable voting systems on Election Day during the 2012 Presidential Election.

Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.

Here's Maddow's full report...

Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.

Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:

It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...

Ohio's Republican Sec. of State Jon Husted has called on fellow Republicans in the legislature to repeal their controversial Election Reform bill, rather than see it face a voter referendum currently slated for this November's ballot.

The law, if it is not rejected by voters, will severely shorten the time for Early Voting and will ban it all together on the Sunday before Election Day in the Buckeye State, in a way that is geared towards suppressing Democratic votes. The bill also includes other major barriers to voting such as a prohibition on county Boards of Election mailing absentee ballot request forms to voters and a ban on poll workers instructing voters where their correct precinct is located. Opponents of the law have noted that some 200,000 voters in Columbus alone --- or 4 in 10 votes cast there in 2008 --- would have had to cast their vote in a different manner in 2012 has the law been allowed to take effect this year as planned.

Husted, the state's chief election official, elected in 2010, had worked with GOP legislators in crafting the bill which was passed and signed by Republican Gov. John Kasich last year, before being met with a wildly successful petition campaign in support of a "voter veto" of the bill. That campaign, led by progressive groups such as Fair Elections Ohio, garnered more than 300,000 signatures, or more than 75,000 above the total required to put the bill on hold and place it on the ballot for a popular vote. The result is that, last December, the bill was officially suspended for 2012, when Republicans had hoped it might help suppress Democratic-leaning voters in the swing-state's Presidential election. Instead, the law is now set to be on the November 2012 ballot for voter approval or rejection.

The Sec. of State called on fellow Republicans to overturn the bill in the legislature, scrap it, and revisit the issue after the 2012 election, rather than allowing it to remain on the ballot in November. Those remarks have raised the hackles of some powerful GOP lawmakers in Ohio.

Husted is developing a record for standing against some of the most radical elements of his own party's agenda in some cases, as seen, for example, in his outspoken condemnation of an attempt to institute polling place Photo ID restrictions on voters in the same bill last year, as well as a bi-partisan effort in 2007, with the previous Democratic Sec. of State, to do away with 100% unverifiable touch-screen voting systems in the Buckeye State...

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[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising, pre-Christmas globe from the studios of 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 (so far):

• A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
• LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
• PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

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POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

Not to say we told ya so, but, ya know, we've been telling you so for years (and years.)

A new finding by the U.S. Election Assistance Commission --- a rare finding, first of its kind, in fact, as the woeful EAC has never before taken the time to investigate and report on serious failures of e-voting systems that it has previously blessed with federal certification --- reveals that ES&S paper ballot optical-scan systems used in a bunch of large swing states, result in machines freezing during elections, failing to log system events correctly, and, perhaps most troubling, ballots being misread and votes being lost entirely.

The EAC's "Formal Investigation Report" follows on April 2010 revelations by the Cleveland Plain Dealer that some 10% of Cuyahoga County (Cleveland)'s EAC-certified ES&S Precinct Count Optical Scanner and Unity 3.2.0.0 tabulator voting systems failed in pre-election testing last year.

The paper ballot scanning computers were purchased as a replacement for the 100% unverifiable Diebold touch-screen systems used previously in Ohio's largest county, after a massive analysis of all of the state's e-voting systems, overseen by former Sec. of State Jennifer Brunner (D), revealed serious security issues and other major flaws in the touch-screen voting machines used there and in many other states.

Relatedly, Diebold's own paper ballot optical-scan system has similarly been found, in the past, to include a flaw which results in votes being lost entirely, though the EAC never issued a warning about that system, to our knowledge, even after it led to hundreds of votes going uncounted in at least one election in Northern California (and lord only knows how many elsewhere that the same system is used.)

The new findings of the failures of the ES&S op-scan system led Plain Dealer reporter/blogger Laura Johnston today to worry: "If the company can't correct the flaw, the government could decertify the machines --- leaving Cuyahoga and jurisdictions [throughout] the country no way to conduct elections in a presidential year."

Um, did the citizens of Cleveland lose their eyeballs? Or the ability to add 1 + 1 + 1, Ms. Johnston? Yes, there are other ways "to conduct elections in a presidential year." For example, one could simply count the ballots by hand in public, at the precinct, in front of all voters, all parties and video cameras, and report the results right then and there before the ballots are moved anywhere --- just as they still do in some 40% of the towns in the "First-in-the-Nation Primary" state of New Hampshire.

The flawed scanners manufactured by ES&S, the nation's largest e-voting vendor, are currently set to be used again in 2012, not only in Ohio, but also in Florida, Illinois, Indiana, Ohio, New York and Wisconsin, among others states...

Congrats to all voters of Ohio for successfully pushing back against the GOP's efforts to keep you from voting in next year's Presidential election! It's another win for democracy, and another loss for the Buckeye State's Republican Gov. John Kasich (following on the recent landslide loss of his anti-union bill at the polls last month.)

Today, Secretary of State John Husted (R), officially certified that opponents of HB194 --- the anti-voting bill that would have shortened early voting hours and imposed other big government restrictions on the exercise of the franchise in Ohio --- were successful in their effort to place the law on the ballot for a voter referendum in 2012. Thus, the act, passed by the GOP legislature and signed by Kasich earlier this year, is officially suspended for now.

As we noted in September, after opponents of the bill had turned in more than 300,000 for certification to the Sec. of State, ThinkProgress' Tonya Somander summarized the bill's restrictions on voting this way:

According to Fair Elections Ohio's announcement of the official signature certifications this afternoon, opponents of the voter suppression law gathered "307,358 valid signatures, over 75,000 more than were needed."

"The voters are sending a message to the Ohio politicians and legislatures across the country, says FEO's Greg Moore, "voting rights restrictions will not be tolerated by the people."

The group's press release, issued this afternoon, follows in full below...

Al Jazeera English's Bob Abeshouse and Yasmeen Qureishi have put together an investigative report on the out-sized influence of the Koch Brothers on American democracy. The documentary premiered on AJE this week, and both starts and ends with the "Secret Koch Tapes" we exclusively published last month in a series of articles at Mother Jones and here at The BRAD BLOG.

There are a number of noteworthy points in this investigative look at the Kochs, co-owners of Koch Industries, the nation's second largest private corporation (the giant oil conglomerate inherited from their father), and how they are spending just some of the extraordinary $18 billion increase in personal wealth they've enjoyed over just the last three years under the tyranny of the Obama administration.

But among the interesting points revealed here, is the fact that this detailed exposé, a behind-the-scenes examination of two of the most powerful puppeteers behind American democracy, comes not from the far larger and better funded corporate news networks here in the U.S., but from from Al Jazeera. Go figure...

While campaigning in favor of Issue 2 in Ohio (the referendum forced onto the ballot by voters in an attempt to veto the GOP bill that strips public unions of many collective bargaining rights), hilarious former Arkansas Governor and 2008 Republican Presidential candidate Mike Huckabee encouraged supporters to suppress the votes of opponents...

Hilarious stuff. Particularly in Ohio. As Comedy Central's Dennis DiClaudio pointed out, "if any person who ever voted for a Democrat ever got within a 70-yard radius of a microphone and made a joke even slightly similar to that one, Andrew Breitbart would spend a long weekend foaming at the mouth in the video bay attempting to edit down footage of the guy into something that made him look like he murdered Ronald Reagan, and James O'Keefe would be trying to seduce him in front of a hidden camera with a salame."

But, ya know, IOKIYAR.

But it's not the first time Huckabee --- now a host of a weekly show on Fox "News," a cable channel that pretends to care about "voter fraud," but only when they can trick viewers into believe it's being performed by Democrats --- has told the same bad "joke." As we reported in April of 2009, he used the exact same voter-suppression hilarity while stumping for Virginia's then Republican gubernatorial candidate Bob McDonnell...

Now THIS is what democracy looks like. Some really great news via Ian Millhiser at ThinkProgress...

Ohio's new law would have overturned many of the improvements instituted in the Buckeye State by former Sec. of State Jennifer Brunner (D) after she took over from the corrupt J. Kenneth Blackwell (R) and his abhorrent, um, administration of the 2004 Presidential election there.

ThinkProgress' Tanya Somanader summarizes some of the new law's appalling restrictions on voting like this...

Guest blogged by Ernest A. Canning

Since taking power in statehouses across the nation in 2010, Republicans have been feverishly implementing new restrictions on democracy in advance of the 2012 Presidential election. A number of those laws, clearly --- and often deceptively --- designed to carve out blatant partisan advantage for the GOP next year, were examined during a recent hearing by the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. The video of the hearing on "New State Voting Laws: Barriers to the Ballot" can be viewed here.

This is the second of our two-part analysis of the hearing.

In Part 1, we covered the subcommittee's examination of new polling place photo ID restrictions designed to make it more difficult for lawfully registered (and disproportionately Democratic-leaning) voters to cast their ballots at the precincts on Election Day. That issue --- which included some devastating cross-examination of long-time GOP "voter fraud" front-man Hans Von Spakovsky by Sen. Al Franken (D-MN) --- was the first of three categories, as defined by committee chair Sen. Dick Durbin (D-IL) of new state voting laws covered in the hearings. All of the new voter suppression laws have been recently rammed through Republican-majority statehouses across the country.

In this concluding piece, we will cover the two additional categories examined: laws erecting barriers to the ability of individuals and non-partisan, non-governmental organizations to offer convenient registration for new voters and laws imposing significant reductions on early voting periods. Both are likely to restrict the number of voters able to cast their lawful vote in 2012 and, again, each is likely to disproportionately affect Democratic-leaning voters.

Finally, We'll also touch upon the status of legal challenges to these new laws by democracy proponents and challenges to the Voting Rights Act itself by operatives on the Right. Moreover, it's impossible to look at any of these issues without drawing inferences about what the combination of new laws in all three categories means, particularly in light of the fact that the models for these new laws were drafted by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)...

I'd like to take the opportunity, before we get closer to the 2012 election cycle and things change for the worse in the Buckeye State (and as I prepare to step off the grid, and into the mountains for the bulk of the week), to laud Ohio's new Republican Sec. of State Jon Husted for his willingness to stand up for voters by bucking his party and standing against the polling place Photo ID restrictions the GOP is working to implement in his state.

Husted made his opposition plain in a statement late last month, after attempting to work with the General Assembly in order to craft an acceptable election reform bill [emphasis added]:

As The BRAD BLOG has had to explain far too many times over the years --- as based on empirical academic studies and even hard data from George W. Bush's own Dept. of Justice --- legislation implimented in order to restrict access to the polling place as based, ostensibly, on assertions of the incredibly rare crime of voter impersonation at the polls, is meant to do nothing more than suppress voters --- specifically, minority, urban, elderly, and student (read: Democratic-leaning) ones.

Some 18% of the country's legal electorate in this country do not possess the type of IDs required by these laws, and are likely to be disenfranchised or forced to pay a poll tax in order to exercise their legal right to vote, even though polling place impersonation is almost as rare as unicorns and leprechauns.

To that end, while I suspect we may end up taking various issue with Husted's positions or rulings in the future on related matters as the 2012 Presidential election looms in the always contentious state of Ohio, we'd just like to go on record for the moment here, to congratulate him for his intellectually honest stand on behalf of the voters of his state on this particular issue.

Thank you, sir.

P.S. Here's a slightly --- but only slightly --- more cynical take on the above.

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