Presuming President Obama's nomination of NH's Republican Sen. Judd Gregg as Commerce Secretary will be confirmed by his fellow Senators, and presuming the Democratic Governor of NH keeps his backroom "deal" and appoints a Republican to fill Gregg's vacated seat, then Democrats in the Senate ought to take advantage of some arcane filibuster math, and hold up the seating of that replacement until MN's Senate seat is properly filled.

As things stand now, while former Republican Sen. Norm Coleman is taking his sweet time in throwing everything he can think of against the wall to see what might stick, in hopes of winning his MN election contest against presumptive Senator-elect Al Franken, the Dems need two cross-over Republican votes, for a total of 60, to stymie any attempted GOP filibuster. (That math presumes that independent Senators Sanders and Lieberman both vote with the 56 currently-seated Dems, as they do on most matters.)

However, the Senate rule requiring a supermajority (three-fifths of the Senate) to shut down attempted fillibusters with a cloture vote, is based on the number of "Senators duly chosen and sworn" --- in other words, currently seated Senators.

With two seats vacant then, from MN and NH, after Gregg's departure, that would put the number of "duly chosen and sworn" Senators needed to stop a filibuster at just 59 (or, 58.8, to be precise, but since we're not allowed to count Lieberman as .8 of a human, the number needed for cloture would be 59)...

We've predicted since Election Day that Al Franken's chances of winning the U.S. Senate seat in Minnesota are excellent. News tonight, out of the state where a manual count of the paper ballots began today, may already be bearing out that prediction, though it's far too early to know for sure. Franken, so far, has gained about 30 votes on the incumbent Sen. Norm Coleman on the first day of counting, bring the gap between the two to just 172 votes.

The race was previously determined, by the faulty and easily manipulated ES&S and Diebold ballot-scanning machines initially used to tabulate the paper ballots, to have given an edge of little more than 200 votes in favor of Coleman, out of nearly 3 million ballots cast.

That hasn't stopped Coleman from desperately and prematurely declaring "victory" --- hey, it worked for Dubya in 2000, and he was able to successfully take that to the Supreme Court, after all! --- nor has it kept the GOP conspiracy theorists and potential sore-losers from declaring all manner of unsubstantiated claims of "fraud" and attempts to "steal the election."

But as the hand count moves slowly forward --- and as I may be "off the grid," or otherwise unable to keep up with every beat as quickly as usual over the next several weeks --- I'd ask that you folks keep a very close eye on a very important point likely to reveal itself (to those who pay attention) during this count...

I should say first off I don't have a dog in the hunt. I support neither Obama nor Clinton in this nomination race and couldn't tell you now whether I'd vote for either of them next November. I've stated long ago that both of those candidates have plenty of supporters, so I'll be supporting the voters this year, since they don't have nearly enough support.

With that said, this morning's meeting in the DNC Rules & Bylaws Committee (RBC) has been an interesting one to watch. All sides in the unfortunate matters of fighting over how to seat (or not) the delegations from Florida and Michigan at this year's national convention have argued smartly for their various cases.

But where the DNC's RBC is concerned --- no matter which candidate the various members of the committee may already be on record as supporting in general --- there should be only one consideration in their ultimate decision: what will be best for the party itself and whichever candidate ends up being their nominee.

Everyone at today's meeting spoke in general consensus that party unity is key. If that's truly their belief, then every side in the dispute needs to place unification first as the top priority for any final rulings on whether and how to seat the MI and FL delegations at the Democratic Convention.

To that end, the version for those with short attention spans: The party must agree to the Florida compromise which nets a 19 delegate advantage for Clinton while giving delegates at the convention a 50% vote. They must also agree to the Michigan state party's compromise of awarding the Michigan delegates 69/59 in Clinton's favor with a 50% vote at the convention.

And while it's not necessarily germane to the decisions being made by the DNC RBC today, Rep. Robert Wexler of Florida should be made Barack Obama's Vice Presidential nominee.

For the longer explanation of the above, please read on...

Miller-McCune's David Rosenfeld files a good story on the dreadful state of the hackable, insecure, error-prone machinery --- both DRE/touch-screen and paper-based optical scan --- still used across our electoral landscape in 2008.

Despite a few small-ish errors, Rosenfeld succeeds where so many before him have been unable: Properly quoting both the scientists and Election Integrity experts who know what they're talking about, while giving fair opportunity to respond from voting machine company and elected officials who are either in denial, uninformed, or simply willing to lie.

Folks like Ellen Theisen of VotersUnite.org, Bev Harris of BlackBoxVoting.org, computer scientist David Wagner of UC Berkley, and yours truly (from The BRAD BLOG) are quoted from the truth-telling side.

On the misleading and/or state of denial and/or lying side, we hear from a Diebold spokesman, and officials from both the NH and TX Secretaries of State offices.

The latters' comments --- particularly those from the SoS offices, where one would think they have a duty to both be informed and tell the truth about their voting systems (unlike Diebold, where we might expect them to continue their long, unfettered, and desperation-built reputation for lying) --- are simply stunning.

Diebold spokesperson Chris Riggall (yes, an unfortunate name for a voting machine spokesperson) offers the usual nonsense in response to all of the many independent tests around the country which have found the company's voting systems --- both paper-based and touch-screen --- to have been easily hacked in seconds. "In some cases the studies have been lacking in appropriate perspective and balance," Riggall misleads in response.

But the TX and NH SoS officials quoted were even more outrageous in their outright states of denial, and/or the ease with which they are willing to simply mislead (okay, lie to) the reporter...

Democratic Presidential candidate Hillary Clinton is the luckiest woman in the world. Just when it looks like she'll have no chance to become the party's nominee, extraordinary good news comes her way, just at the last minute. Again.

Take, for example, yesterday's Pennsylvania Primary. For weeks we heard endlessly how she would need a double-digit victory margin in the Keystone State to offer a legitimate reason for her to stay in the race. And, as the gods would have it, she achieved the ability to trumpet that double-digit margin by a single tenth of a percent.

With 99.51% of the vote reportedly counted as of this moment, according to the PA Dept. of State's own numbers, it's Clinton's 54.6% to Obama's 45.4%.

So, in truth, that's actually just a 9.2-point difference, but, as luck would have it for the New York Senator, rounding each of those numbers to their nearest percent, as the bulk of the media were happy to do today, allows for a nice, easily-trumpeted, double-digit, 55% to 45% number that can be reported far and wide!

The stunning turn of good fortune comes on the heels of Clinton's last make-or-break moment back in New Hampshire, when conventional wisdom had all but counted her out after her loss to Obama in the Iowa Caucus. But, there again, Clinton came through, despite both pre-election and exit poll numbers which all, almost uniformly, predicted she'd face a thumpin'.

Of course, you conspiracy theorists out there are likely to spin this tale of remarkable providence, into a shadowy tale of skulduggery by supporters of a Clinton nomination, be they Democrats or Republicans, who'd rather see her, instead of Obama, go up against John McCain in the fall.

But you'd have not an iota of actual proof to support your paranoid suspicions...

Our friends Bobby Kennedy Jr. and GoLeft.tv interview another of our friends, Election Integrity hero Ion Sancho, the legendary Leon County, FL, Supervisor of Elections, on the election messes in New Hampshire, Florida, Los Angeles, and everywhere else. (And thanks for the kind hat-tip, guys...even though The BRAD BLOG never claimed there was fraud in NH. But we're happy to let that slide, since the interview was live, and you might have been talking about someone else. And we know you mean well.)

WARNING: Markos Moulitsas and the other front-pagers and gatekeeping denialists at Daily Kos should not watch the above interview! If Robert F. Kennedy Jr. has a user record over there, you should go ahead and ban him right now! Make sure he's never allowed to write at dKos! In this interview, he has the temerity to talk about concerns with the way the New Hampshire Primary Election was conducted! Can you believe it?! And he's even a Hillary Clinton supporter! Clearly, he, like The BRAD BLOG, is "doing far more harm than good," as you like to say, for the Election Integrity movement! What will the Democratic Party and the Mainstream Corporate Media say about your site if that "nutter" Robert F. Kennedy Jr. is allowed to post over there?! Quickly --- before he damages the credibility of your site --- you better go ahead and ban RFK Jr. in advance! As you know, better safe than sorry, boys!

[UPDATED: See end of article for information on who this "DHinMI" tool actually is.]

Markos Moulitsas and the band of self-important anonymous losers that he's allowed to dominate the front page at the world's largest supposedly-Progressive blogsite continue their cowardly march towards full self-destruction.

Today's example comes by way of a comment from the anonymous (read: cowardly) "DHinMI", one of the loudest, most obnoxious and knowledge-challenged of Kos' stable of front-page sidekicks hell-bent on further discrediting the once-prestigious website:

Though, unlike Bev Harris and ourselves, who put our real names behind everything we do, "DHinMI" enjoys anonymity as he/she spews his/her unsupported, fact-free allegations. He/she does, however, offer an email address where folks might try to offer this numbskull a few facts if he/she ever becomes interested in any (which seems rather unlikely at this point): DHinMI@yahoo.com

"DHinMI's" comment, ironically enough, is posted in support of a front page article by Moulitsas himself today, in regard to a NYTimes article reporting that some 80 precincts in some of NYC's most African-American dominated precincts registered 0 votes for Barack Obama in their unofficial tallies. Kos then goes on to wonder if the article thus indicates that NYC's "voting machines don't spit out paper ballots? That should be SOP for these things."

NYC, of course, still uses the old lever machines which, of course, do not "spit out paper ballots", something that it seems great champions for the cause of Election Integrity, such as Kos and "DHinMI", ought to know by now.

What "should be SOP for these things," is that people who write at high-profile, influential Internet sites ought to learn what they're writing about before they write about them so that they don't mislead folks into believing they know what they're talking about.

Today's Daily Dose of Daily Kos loser-dom comes on the heels of yesterday's report in which they ominously threatened former CIA agent, Larry Johnson, with permanent banning should he have the temerity to continue his support of Hillary Clinton on their site. Why they seem hell-bent on proving Bill O'Reilly right over there remains a mystery to us, and further begs the question of how long it'll be before the dKos readers who tend to "get it", even as the front-pagers don't, will continue on at that place.

Previous BRAD BLOG-reported examples of dKos front-pagers, including "DHinMI" and Kos himself, busily destroying dKos' previously good name can be found here.

UPDATE: "DHinMI" isn't that anonymous after all. And whaddaya know, he's a member of the official Democratic Party machine. Knock us over with a feather...

Tom Herman of Vocalo.org (a project of Chicago's National Public Radio) had some good questions about how votes are counted in Illinois, and elsewhere, over the weekend. I tried to give him some good answers. I believe it was a very good, sober discussion on these questions, and one that might come in handy tomorrow and beyond.

Appx. 14 mins, download MP3 or listen online right here...

New Hampshire's Republican Presidential Primary candidate Albert Howard has delivered a letter to Secretary of State Bill Gardner, demanding that "all ballots that have been returning from the towns and cities, including, but not necessarily limited to, the unused/uncast ballots and the 'spoiled' ballots," be counted as part of the ongoing Election Contest in the Granite State. Howard filed for the contest, where ballots are being counted again today in Concord, following concerns about reported results from the Diebold optical-scan machines used during the state's January 8th Primary.

The BRAD BLOG has also learned that problems with Diebold machines were reported in 21 different towns during the primary, according to Howard, who says he has finally received some answers to public records requests filed with the state weeks ago, asking for details of problems with the machines that occurred on Election Day.

We just spoke with Howard, who explained that counting conditions in Concord continue to be "a mess," prompting his latest demands, which echoed earlier ones that remain unmet by SoS Gardner.

The Republican Howard also told us that he'd been contacted recently by the Democratic chairman of the U.S. House Judiciary Committee, John Conyers, who called him personally to discuss concerns about what was going on in the wake of questions surrounding the New Hampshire Primary Election results...

With "friends" like Markos Moulitsas at Daily Kos, Democrats may not need Republicans to help them lose this year. Once again, the namesake of the largest supposedly-Progressive blogsite in the world misleads his readers, confuses issues of Election Integrity with unmade allegations of "conspiracy theories," and otherwise makes all-new extraordinary claims which are wholly unsupported by any evidence, extraordinary or otherwise.

The damage he and his minions are personally causing to the fight for verified, transparent elections is becoming greater than we can possibly describe. But we'll try...

New Hampshire reportedly reaps $3 billion from its "first in the nation" Primary Election privilege. In the bargain, they have demonstrated to the rest of the nation how not to hold an election.

More embarrassing video tape, taken during the shameful NH Election Contest hand counts, as shot and posted by BlackBoxVoting.org...

Blogged by Brad Friedman from the road...

Republican New Hampshire primary candidate Albert Howard, whose election contest hand count is currently ongoing in Concord, once again demonstrates how to call for a legitimate and reconcilable "recount."

He has just sent us a copy of the following letter, which was hand delivered to NH Secretary of State Bill Gardner earlier today [emphasis in original]...

Please note: We will be on the road for much of the rest of the day today, as we head from Santa Cruz back down to Los Angeles. We'll try to get caught up with things by tonight, as the SOTU rolls.

Thus we don't have time, for the moment, to give full background to the above story in this article. But plenty is already available, particularly in regard to concerns about chain of custody, and other sloppy "recount" procedures, from previous BRAD BLOG coverage.

For previous coverage of Albert Howard and Dennis Kucinich's Election Contests in New Hampshire, see all stories, newest first, here, and the index of most notable stories here...

(Hat-tip Mike Finnigan of C&L)

ADDENDUM...
By way of happy coincidence, we had mocked up the above item on Friday night for prep to run later, and then showed up to speak Saturday morning at the independent media conference here in Santa Cruz where a guy who looked very similar to the video above was making a few announcements from the podium. Turns out it was the same guy, Bryan Sacks of Philadelphia, and he was one of the organizers of the conference. Small world. Got to chat with him for a while later in the day, and happily so. He's a good guy. Plus, he thoroughly apologizes for not giving The BRAD BLOG its proper hat-tip in the above video, claiming that he did in the original script, but it ended up on the cutting room floor. We shall endeavor to forgive him and look forward to him otherwise keeping up the good work!

Blogged by Brad, from on the road...

Behold the "chain of custody" for the ballots in New Hampshire's ongoing Election Contest hand counts. The man seen in the still frame below, on the right, is NH Sec. of State Bill Gardner...

The above video clips were recorded and compiled by election watchdogs Bev Harris (of BlackBoxVoting.org) and Susan Pynchon (of Florida Fair Elections Coalition), both of whom were on the ground in Concord during the initial stages of the requested Democratic and Republican hand counts following the Primary Election in the Granite State. Harris offers more commentary on the video above right here.

Previously, Harris posted a stunning photo essay detailing the embarrassingly poor condition of the ballot boxes themselves --- unsealed, open for anyone to reach their hand in --- as they were picked up from towns around the state and delivered to the counting area at Concord's State Archives building.

The counting continues today for Republican Albert Howard, though New Hampshire SoS Bill Gardner, seen in the above video, has requested a halt in the counting for two days next week. That, after apparently misrepresenting Democratic candidate Dennis Kucinich's serious concerns about "significant variances" discovered during counting of just one New Hampshire county so far. Disparities have been discovered as high as 10% for some candidates in some precincts.

By Brad Friedman, from on the road (again)...

A representative of Republican Albert Howard's New Hampshire hand count called this morning to say that, without giving any specific details, the NH SoS office informed them today that "We're gonna have to stop the recount for a couple of days" next week. No reason, other than "legislative business" was given.

A few minutes ago, Howard, who had patiently waited for nearly two weeks while NH SoS Bill Gardner began the counting for the Democratic request, claiming they couldn't count the two different primaries at one time (though it seems they couldn't even count one primary at the same time!), sent us the following note, objecting to the delay in counting. The letter was hand delivered to Gardner moments ago...

Howard had requested the hand count after noting that results reported by C-SPAN on Election Night allegedly showed him as having many more votes than were finally reported in the official results after the polls closed. He gave a check for $57,600, raised by supporters, to the SoS on January 16th. His hand count finally began yesterday, after Kucinich's stopped when the funds submitted so far had apparently been spent.

Yesterday, we pointed to Gardner's apparent lie to the media, claiming that Democratic candidate Dennis Kucinich was "satisfied at the integrity of the recount" despite a letter from Kucinich to Gardner the day before (posted exclusively by The BRAD BLOG here), clearly revealing Kucinich to be anything but "satisfied," and, in fact, having requested "a complete and accurate recount of all ballots" to be carried out at state expense, given the "significant variances" discovered so far during the counting of just one NH county.

We had left a message with the SoS office seeking comment and/or clarification for Gardner's statement to the media. He has yet to return our call.

UPDATE 1/26/08, 1:35am PT: We've been on the road, and in a media conference all day, so haven't been able to follow up ourselves, but an emailer writes to tell us, "the NH SOS told Albert Howard that there would be NO recess in the counting of ballots next week".

Bev Harris reports in comments (along with additional thoughts on the dynamics of SoS Gardner and Dept. SoS David Scanlan) that she has received a similar report from someone else on the ground in NH, that the count will proceed without hold up. Though the reasons for the initially attempted halt remain a mystery for now.

What's clear is that standing up, and pushing back loudly and publicly by Howard has made a difference. If Democrats did the same, we'd probably not be in this fine mess in the first place...