Just out from AP...

The issue comes in the wake of two Cuyahoga County Election Officials recently found guilty of rigging the 2004 Presidential Election recount and subsequently sentenced to the maximum 18 months in prison after they refused to cooperate with the state's special prosecutor, Kevin Baxter.

Both Baxter and the district court judge, Peter J. Corrigan, indicated they believed the conspiracy to game the recount was part of a larger, higher-reaching conspiracy. "It seems unlikely that your superiors wouldn't know what you were doing," Corrigan declared during the sentencing.

Brunner told the Plain-Dealer this morning that the convictions were "so serious that I don't think I had any alternative" but to request the resignations of the entire board. "It has to do with public confidence and perception," she said.

In a news conference this morning, Bennett vowed to fight Brunner in court rather than leave on his own accord.

Cuyahoga County's then-Election Director, Michael Vu, who was not charged in the incident but has since resigned, had previously admitted that sealed ballot boxes were opened and secretly counted prior to the state-mandated recount in order to assure the recount would not reveal any inconsistencies with the officially reported results. He has since recanted his original story.

After the recent sentencing, Bennett, who was ultimately responsible for overseeing the convicted elections officials --- supposedly one Republican and one Democrat --- who rigged a presidential election recount in his county said, incredibly enough, "the convictions are a travesty of justice."

The issue also underscores an important point we've been trying to make for years: Despite the claims by disgraced former Buckeye State SoS J. Kenneth Blackwell and his operatives (including Bennett) for the travesty that occurred in 2004, which suggest that Ohio's supposedly "bi-partisan" structure of county elections boards --- theoretically all comprised of two Republicans and two Democrats each --- prevents any partisan malfeasance, those boards and the officials who work under them have always served ultimately at the pleasure of the state SoS. That power and pressure were wielded frequently by Blackwell during his tenure, resulting in a host of not-so-bipartisan decisions and oversight from Ohio elections officials in 2004 and beyond.

UPDATE: We heartily recommend "OhioRebel's" superb citizen journalist coverage at ePluribus Media, with many useful additional details. Would that the non-citizen journalists were as thorough!

From AP...

And I can't help but feel the two election officials should have been sentenced to 18 years instead of months (though we understand that to be the max sentence), given the number of folks who have died in Bush's War since the 2004 Election and the fact that there were enough votes in Cuyahoga County (Cleveland) alone to give the race to Kerry instead of Bush had the election been administered legitimately.

Just for the record, only 6 votes registered for Kerry instead of Bush in each of Ohio's precincts would have changed the result of that election.

Must run, so we'll refer you to our previous coverage when the two Ohio elections officials were found guilty in January for more details.

NOTE: Hat-Tip to "Ninepatch" over at DailyKos for tipping us off to the news of the sentencing. It's a rather sigh-inducing irony to get the news from dKos given it's proprietor Markos Moulitsas Zúniga had once shamefully banned all diarists, and purged their diaries, for daring to discuss and/or investigate the Ohio 2004 Presidential Election conspiracy. Thank you for continuing to make noise on these matters anyway those of you who have done so at dKos!

UPDATE: AP now has more on the sentencing and concerns by both the Judge and prosecutor that the conspiracy goes higher:

And still another complaint registered against DRE/touch-screen voting systems. It's Diebold's turn again this time. According to the Dayton Daily News...

The avalanche of these types of complaints and lawsuits is just beginning, people. Will Congress and Elections Officials figure it out any time soon?

In any case, it doesn't look like Montgomery County's Election Director, Steve Harsman, has joined the rest of us here in Reality Land yet.

Even after the story linked above detailed a member of the board of elections who "said the machine he used would not record his vote" properly, Harsman told the paper that "he believes most of the problems can be explained by voters unfamiliarity with the new machines, rather than equipment failure."

The BRAD BLOG begs to respectfully disagree with Harsman. We believe most of the problems can instead be explained by Mr. Harsman's overfamiliarity with the bullshit he's been peddled by Diebold, in addition to a complete Election Director failure.

E-Voting - Game Over. We win. They lose. Move on. Get over it. The only question now is how long it takes them to get it and how many more elections jerks like Harsman are willing to see trashed (and how many voters he's willing to trash along the way.)

(Hat-tip BRAD BLOG commenter "A Concerned Citizen")

Blogged by Brad from the road...

As is too often the case, the proverbial shit seems most likely to hit the erstwhile fan whenever we're on the road and unable to cover the splatter sufficiently. This week has been no exception.

There is much movement in Ohio today as Michael Vu, the Election Director for Cuyahoga County, where two Election Officials were convicted two weeks ago of having rigged the 2004 Presidential recount, has now finally resigned from the Board of Elections after what is hopefully his last failed election.

The official BoE statement generously says: "Michael Vu has chosen to pursue future career growth and will resign as director of the Cuyahoga County Board of Elections March 1 of this year."

In related news --- and speaking of failed elections and "future career growth" --- the office of the new Ohio Secretary of State, Jennifer Brunner, has now officially requested an audit of the SoS's office over the last two years as it was led by the corrupt former SoS and democracy-hater J. Kenneth Blackwell.

In addition to the $80,000 in bonuses given to employees on the way out the door, and the $250,000 settlement Blackwell agreed to concerning the 2004 Election last December (as we reported two weeks ago), Brunner expressed a new concern in her hand-delivered letter to the Republican State Auditor Mary Taylor: Shredded documents.

As reported today by the Columbus Dispatch:

Blackwell shredding documents?! We're shocked! Shocked!

From AP...

Golly. We're shocked. We wish we would have paid closer attention to that whole 2004 Ohio Presidential Election scam thing instead of ignoring it all these years.

Oh, wait, that was just about everyone else other than The BRAD BLOG, across the near-entirety of both the MSM and the bulk of the Progressive blogosphere.

That aside...as pointed out in the article, the two who were convicted in Cuyahoga County were still pretty small fish...

By way of reminder, the recount --- the one that was rigged by Ohio Elections Officials --- came by way of the Green and Libertarian Party candidates, not by way of the Democrats or John Kerry. As well, the money to pay for the gamed recount was raised by folks on the Internet, not paid for out of the $15 million or so that Kerry reportedly had left in his campaign war chest after the "Election" in Ohio.

All of that, despite Kerry's continued and then broken promise to "Count Every Vote" in 2004.

These convictions occurred in Cuyahoga County, a Democratic stronghold of some 600,000 voters. Kerry "lost" the state of Ohio, according to the history books anyway, by just 118,000 out of some 5.5 million votes cast in the Buckeye State.

In related news, today Kerry decided to quit the 2008 Election, mercifully this time before it instead of afterwards.

UPDATE 3/13/2007: Maiden and Dreamer each sentenced to maximum of 18 months in prison. Judge and prosecutor at sentencing say they still believe the conspiracy goes higher. Details...

Former Republican Ohio Secretary of State and failed Gubernatorial candidate, J. Kenneth Blackwell may be mercifully out of office in the Buckeye State, but it looks as if his former constituents will continue to pay for his atrocious tenure in the SoS office for some time to come. That, in addition to the price they are already paying, along with the rest of the country, by suffering George W. Bush who remains in office due, in no small part, to Blackwell's abhorrent mis-administration of the 2004 Presidential Election.

Last week it was revealed by the office of the new SoS, Democrat Jennifer Brunner, that Blackwell got in his last licks by authorizing some $80,000 in year-end bonus payments to 19 different staffers in his office. The BRAD BLOG has obtained a copy of that memo (posted in full at end of this article) which includes type-written payment amounts to 18 now-former employees, along with the hand-written addition of a payment to be made to Blackwell's obnoxious press spokesman and noted democracy-hater, Charles "Carlo" LoParo.

The previously unannounced bonuses, along with the additional surprise revelation that payment for a $225,000 litigation settlement made by Blackwell last December was suddenly due just after Brunner took office in January, has left the new SoS with a $1 million shortfall to meet standing obligations for the office between now and the end of the fiscal year on June 30th.

Both matters were a shock to the incoming SoS who said the discoveries made her "kind of sick, really" as her office has suggested to The BRAD BLOG that there may be administrative and/or legal follow-ups to the issues. The Toledo Blade's coverage of the news as it was revealed last week is excellent.

The legal settlement, according to the Columbus Dispatch, was apparently "related to a lawsuit filed in November 2004 against Blackwell and the Lucas County Board of Elections on behalf of voters who did not receive an absentee ballot and were not allowed to cast provisional ballots."

All of that, of course, as the trial began last week against three Cuyahoga County Elections Officials who are accused of having rigged the 2004 Presidential Election recount while serving at the pleasure of Blackwell under County Election Director Michael Vu. Despite massive failures in 2004 and just about every election in the county since then, Vu has yet to be charged for that incident or any others.

The Bonus Memo

The memo detailing Blackwell's farewell bonuses was signed by his former chief financial officer, Dilip Mehta, who approved $7,765 --- a full extra month's pay --- for himself in the bargain. LoParo's payment of $1,702, one of the lowest amounts listed, was added in what appears to be a handwriting other than Mehta's. That payment is earmarked, according to the memo, for "Carlo."

Naturally, it was LoParo who mouthed off to the media in defense of his old boss and the free, tax-payer largess he received from the state. He claimed the payments were "severance packages offered to members of senior staff," and that "depending on the severance package received, 10 members of the staff agreed not to accept unemployment benefits, which is a net savings for the office in terms of total pay-outs."

But a Brunner staffer has told us last week that 3 former employees had already filed for unemployment benefits. While they had been initially unable to locate any such "severance packages" last week, as based on the 'executive transition document' received from Blackwell, a spokesperson today has informed The BRAD BLOG they have now discovered the elusive "mutual separation agreements" that were signed by Blackwell and the former employees.

The office is currently uncertain whether they will be honored or not.

We're told the letters of 'agreement of mutual separation' also counter LoParo's claims that there would be a net savings for the SoS office for unemployment compensation that wouldn't have to be paid. The letters signed by the three employees who have already applied for such benefits, stated "that it is not intended to affect an employee's eligibility for unemployment compensation," according to Brunner's office.

"It seems Carlo and Ken are telling two tales that don't jive," the staffer wrote in a recent email in reply to our query.

The comments to the media by LoParo --- who also signed one of the "mutual separation agreements" himself --- are quite directly contradicted in the final graf of the agreement which speaks to the matter explicitly as follows:

As far as we know, however, LaParo has yet to apply himself for unemployment benefits.

For 'Outstanding Service Through the Years'

LoParo went on to tell a number of media sources that the money was "given because the secretary felt taxpayers had been given outstanding service through the years, and it was within his prerogative to dispense. It's not unusual and not unprecedented in the private or public sector."

It was unclear whether the disastrous administration by Blackwell of Ohio's 2004 and 2005 and 2006 elections were a part of that "outstanding service through the years."

LoParo took his usual cheap shots at anybody with the temerity to catch the office, yet again, with their hand in the cookie jar or thumb on the scale. "I would just have to chalk (Brunner’s comments) up to overall inexperience," he was quoted as mouthing off to several media outlets.

The staffer we spoke with from Brunner's office noted that the public sector is different from the private sector where such bonuses might be more run of the mill. "While these bonuses are not illegal," the staffer wrote, "in contrast to Carlo's contention that they are appropriate and customary, that is pure unadulterated balderdash."

Ben Piscatelli, a spokesman from the Ohio Dept. of Administrative Services backed up the assertions of Brunner's office. "It is not common for a state agency or elected official to pay bonuses, but there is no state law or policy that forbids it," Piscatelli was reported as telling the Columbus Dispatch today.

Despite LoParo's claims, however, The Blade reported they were unable to confirm any such similar bonuses handed out to officials in 2006 throughout the rest of Ohio's government at year's end:

While there were no such bonuses to speak of in 2006, other than from Blackwell's office, a report by Ohio's 10TV last week, said that 65 state employees at the State House received a total of $89,000 in bonuses in 2005. That, in contrast with the more than $80,000 in bonuses handed out by Blackwell to just 19 of his own staffers on his way out the door.

Legal Action Against Blackwell May Be Coming

Brunner's office has told us they intend to request an audit from Ohio's new Republican State Auditor, Mary Taylor "to assess the state of our agency now that Blackwell is gone." Whether or not Taylor will be willing to potentially take on one of her party's own local titans remains to be seen. Today's Dispatch article also quotes a spokesperson from the office of Attorney General Marc Dann, saying their "would look into the matter if someone asks."

We imagine "someone" will.

The memo containing Blackwell's $80,000 bonus list for 19 now-former staffers follows in full below...

The New York Times' Ian Urbina (this time with Christopher Drew) continues to stay on point with his Electoral Failures coverage at the Grey Lady. Unlike Urbina's last report, this time he wasn't undermined by the Times headline writers. (Does anyone with a hard copy of the paper know what page this was reported on, btw?)

To his additional credit, he didn't use the word "glitch" even once. Thank you, Ian. Here are a few highlights from his piece in today's paper...

Of course, BRAD BLOG readers will remember our desperate call for "Emergency Paper Ballots" here in the weeks prior to the election. On that, Urbina reports...

Wow. Who could have predicted that?!

And there's more...Of course, the "experts" (word used very cautiously!) are beginning to notice that things on Nov. 7th were worse than they had originally understood. "Voting problems may actually have been wider than initially estimated, with many malfunctions simply overlooked," reports the Times.

So how bad were they? How about 60,000 missing votes in Florida, bad. 20,000 voters who couldn't vote in Colorado, bad. Or in Arkansas, where "election officials tallied votes three times in one county, and each time the number of ballots cast changed by more than 30,000," bad.

And then there's the erstwhile election "expert" Doug Chapin of Electionline.org whose "expert" opinion ensures his presence in just about any mainstream media coverage of these matters. Mr. Chapin continues, on schedule, working all sides of the street in Urbina's piece. It's a tricky juggling act for this "expert" --- mustn't offend the Voting Machine Companies or the Elections Officials who pay his bills, or even, to a lesser extent, the Election Integrity advocates who might just call him a phony if he's not careful --- but, as John Gideon pointed out in yesterday's DVN, even Chapin's having a difficult time avoiding the obvious:

And the award for "Understatment of the Year" goes to...

UPDATE 9:01pm PT: Reader Adele writes to tell us that Urbina's article was on "page 30 of 36 pages in the National section" of today's paper.

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.

First, they're not "glitches"...They are failures! This from AP...

As expected --- and you'll be seeing and hearing a lot of this all night --- the Voting Machine Companies who have created the equivalent of Ford Pintos with these machine that "blow up" during normal use, no matter how careful a "driver" might be, are blaming "human error"...as opposed to themselves...and the election officials who were dumb enough to be suckered in by the wining and dining and false promises of the company lobbyists who are plying their insidious trade courtesy of your tax payer dollars...

We're gonna have trouble keeping up today. So 'be the media' in comments here where you can. But here we go...

We're getting reports of trouble and machine breakdowns from all over the country. Places where Emergency Paper Ballots are not available (despite our many pleas for weeks) and voters are being turned away or told to come back later...From USA Today...

Ohio Rep. Bob Ney (R-Abramoff) has finally resigned from Congress this afternoon, nearly a month after pleading guilty to two felony charges of conspiracy and making false statements, and mere days before the most contentious midterm elections in recent memory.

In a call to Congressional Quarterly, Ney said, "I'm done with everything I wanted to complete." (That would include pulling down one more monthly paycheck of more than $12,400.) His congressional collegues had promised to expel Ney upon return from the Election Recess on Nov. 13.

Former Rep. Bob Ney is the first Congressman to be convicted in the ever-widening Jack Abramoff influence-peddling scandal, which has ensnared a number of his Republican colleagues, staffers, aides, and other government officials on Capitol Hill.

He is now a felon who is no longer allowed to vote under Ohio law. Nonetheless, the voters of America are now stuck with the disastrous electronic voting systems instituted by his Help America Vote Act (HAVA), which he pushed through Congress in 2002.

Quickly Blogged by John Gideon

In a 17-page report published by the Columbus Free Press and written by Peter Peckarsky, Ron Baiman, and Robert Fitrakis it is revealed that:

Blogged by John Gideon, VotersUnite.Org

A Press Release, which is copied in full on the other side of the fold, was just received from Steven Hertzberg, the Project Director of Election Science Institute that exposes the fact that in September election workers in Cuyahoga County, Ohio put every Diebold memory card into laptop computers in order to archive election information. These laptops were found laying around the office and, in some cases, were even brought from home. There is no way to know how many viruses may have now been transferred from these laptops to the memory cards. Luckily this incident was caught on video tape.

This failure on the part of county election officials is exactly the type of failure that Diebold has claimed over and over again cannot happen. In the new release, Prof. Edward Felton of Princeton University and the recent Diebold TS hack, says:

The press release from Princeton and the Election Science Institute is posted in full below...