Guest bloged by Emily Levy

Judge Yuri Hofmann announced in his San Diego courtroom today that he will take the constitutional and jurisdictional matters of the CA-50 election challenge case under advisement and issue a ruling next Tuesday, August 29.

The first item up for consideration today in the election contest filed by Attorneys Paul Lehto and Ken Simpkins on behalf of two San Diego voters (and truly on behalf of all of us) was a defense motion for dismissal. Defense claimed that the San Diego court has no jurisdiction in this matter because the Constitution says, "Each House shall be the judge of the elections, returns and qualifications of its own members"¦" (Article I, Section 5). In other words, The House of Representatives gets to pick its members. (Who really needs elections, anyway?)

Lehto, in response, argued--as outlined here--that if the court has no jurisdiction, then Registrar of Voters Mikel Haas also had no jurisdiction to certify the election, given that certification happened after Bilbray was sworn in. (Yes, you heard that right.)

The defendants also argued that the court has no jurisdiction because plaintiffs had abandoned their recount efforts. According to Lehto, the request for a recount was filed properly within five days of certification of the election. Lehto says, "Jurisdiction was created by filing. That's all the statute says. There is no abandonment rule."

The judge is expected to rule on both the constitutional and jurisdictional issues on Tuesday.

From the courthouse by cell phone plaintiff Barbara Gail Jacobsen reported, "Paul Lehto and Ken Simpkins represented us very well today in court. Lehto said it's invading the sovereignty of the State if someone swoops in and swears the person in and then says there's nothing you can do. I thought he made some very good arguments about upholding checks and balances in our system and standing up for the right of the people to make sure that elections are accountable. We the People of this country decide on who is going to represent us, and it's through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to. In this particular case what Paul Lehto was trying to say is that the people's right to know if the election was properly carried out is being blindfolded and taken away by the other side."

We can only hope that before Tuesday Judge Hofmann will have the opportunity to read the rest of the Constitution. It could be enlightening.

Donations are still needed for the lawsuit and other efforts in California's 50th District to fight the illegal June 6 election. For more information, go to nosleepovers.org.

UPDATE: We have another report of the day's proceedings, this one from Judy Hess of CA 50 Action Committee:

Guest blogged by Winter Patriot

UPDATE: We have a live update from the courthouse. You can see it at the bottom of this post

We haven't been covering the CA50 Election Mess as often as in the recent past --- while Brad's been on the road and otherwise occupied --- but we have been keeping our ears to the ground, so to speak. (Yes, they get dirty, but so what? We can hear things coming before they happen. It's cool; you should try it.)

My friends, we have been hearing distant rumblings of great power. To get you up to speed quickly...

The CA50 U.S. House special election between Francine Busby and Brian Bilbray was held on June 6, on illegal Diebold voting machines as has been reported here many times. (Click here for a good recent summary of the situation.) On June 13, Bilbray was quickly sworn in to the House of Representatives while thousands of votes were still being counted back in San Diego. (This surprised and angered many voters, especially since a poll taken three weeks before the election showed Busby ahead by 7%.) On June 29, the election was finally certified --- in favor of Bilbray --- by the Registrar of Voters Mikel Haas.

The election was contested on July 29 after Haas refused to allow for a hand count of the ballots, as allowed by California state law. And on August 22, defendants filed a brief in the case to dismiss, stating that because Bilbray has already been sworn in (by the Republican House of Representatives,) the California Court has no jurisdiction whatsoever and the House has exclusive jurisdiction to judge who its members are and the qualifications of those members.

According to an email sent to The BRAD BLOG this evening from attorney Paul Lehto...

So there you have it. This is the stick with which Paul Lehto is trying to beat a corrupted electoral machine back into shape.

Here's Lehto's brief responding to the absurd position [PDF] taken by the defendants in this case.

The judge is set to give his decision on the jurisdictional matter Friday, determining whether or not the case will be tossed out based on the argument of the defendants. The court hearing on this matter begins at 1:30 p.m. Pacific time in San Diego.

UPDATE... Michael Collins at Scoop has more. And now, so do we --- below the fold...

Guest Blogged by Joy & Todd Williams

Representative John Conyers (bio) has served in the U.S. House of Representatives for over 20 terms, having represented the 14th Congressional District in Detroit since 1964. For all those years he has fought for our democracy. From his website: "In his role on the Judiciary Committee, Representative Conyers has introduced and endorsed legislation to advance civil liberties, ensure equal protection and access to the voting booth and combat violence against women."

In July of last year he led a citizens' movement to deliver 500,000 signed petitions to the White House which questioned George Bush about his attempt to "fix the facts around the policy" as revealed in the infamous "Downing Street Memo". This "fixing of the facts" eventually led to the U.S. invasion and occupation of Iraq.

Additionally, he held hearings about the Ohio voting irregularities during 2004, and published What Went Wrong in Ohio which enumerates most of the irregularities and abuse of the election process in that state. He has now published a new book, Constitution in Crisis, which documents the Bush administration's violations of the Constitution in over 26 different categories, and in many cases multiple violations within each category.

You can support Representative Conyers' Campaign here as he will become the chair of the powerful U.S. House Judiciary Committee if the Democrats, by some fluke of nature, take the majority this November.

I had the pleasure of interviewing him a couple of weeks ago while he was en route to the airport to return to his constituents during the Congressional break. He's a very gracious, experienced and thoughtful representative of the 14th district and for all Democrats everywhere.

Our exclusive interview with the good congressman follows...

Blogged by Brad from the road...

As The BRAD BLOG reported two days ago, a new Zogby poll has revealed that a stunning 92% of Americans want their vote counted transparently and not by secret vote counting machines. That overwhelming majority crosses all political, social, religious and economic demographics.

Today, Zogby has released their official statement and numbers from the poll. Their statement quotes attorney Paul Lehto, who is busy fighting the election contest down in San Diego's Busby/Bilbray CA50 challenge in which voting machines, using secret software to count the results of that election, were compromised when they were sent home with poll workers on overnight "sleepovers" for days and weeks prior to the election, as we have been reporting since that special U.S. House election on June 6th.

Here's a quick snippet from Zogby's official release...

The survey also says that some 60% of respondents "have heard news reports of flaws in new electronic voting equipment." So I guess someone is doing the job of getting this information out to the American people.

Apparently the news hasn't yet reached the DNC, however. More on that, and my personal experiences addressing folks at the DNC's annual gathering last weekend, in a report to come shortly today...

UPDATE from WP: Zogby has released more data in a PDF format. Just click here. There's a press release for Zogby too, and it's here.

Blogged by Brad from the road...

As has been his practice over the last several months, the primary election opponent to vote-rigging whistleblower turned congressional candidate Clint Curtis was a no-show in a recent televised debate.

Curtis spoke about election fraud (vis a vis Tom Feeney), the Iraq War and the price of gas. Needless to say, he won the "debate" hands down.

With his primary election opponent, Dr. Andy Michaud, failing to appear at events across Florida's 24th Congressional District, does this mean the good Doctor is giving up? Or is there something going on that we don't know about?

The primary is September 5th. Should Clint win, he'll be going mano-a-mano against the well-monied and impossibly corrupt Rep. Tom Feeney --- the very man he claims had asked him to create vote-rigging software back when they both worked at the same software firm (even while Feeney was Speaker of the Florida State House of Representatives.)

For the record, Feeney is now the only Republican congressman who was with lobbyist Jack Abramoff on those golfing junkets to Scotland, now that both Tom DeLay and Bob Ney have dropped out of this November's election. Feel free to donate to Clint Curtis as he takes on Feeney, one of the GOP's top-tier money behemoths!

Guest blogged by Winter Patriot

Ginny Ross, one of our friends from the Election Defense Alliance, has posted the video of the beginning of the press conference from DemocracyFest last month in San Diego as the Busby/Bilbray election challenge (due to voting machine "sleepovers" with pollworkers) was just coming to light. Some of us have been anxious to see this ever since Ginny told us she was working on it. And rightly so. The video is a good one. Just click on the picture to see it.

For more on the press conference, please revisit Brad's post of July 18th.

You're more than welcome to disagree with me on this, but I'd say he did a fine job. Then again, what do I know? I'm partially frozen at the best of times.

Guest blogged by Winter Patriot

Clint Curtis needs your help. The computer programmer who says he wrote a vote-rigging software prototype in 2000, at the request of Florida Congressman Tom Feeney, has a chance to oppose Feeney in November's general election. The prospect of such a race --- and the publicity that would flow from it --- has election-integrity advocates all over the country licking their lips in anticipation, but it won't happen unless Curtis wins next month's primary.

His opponent, Andy Michaud, has been virtually invisible. He hasn't really been campaigning; he's hardly even been raising any money! But Curtis takes no comfort in these odd facts. He knows he's vulnerable --- to the machines! (Do you want to see how a vote-rigging program works? Click here to download one; try it yourself and see how easily our democracy can be subverted.)

There is reason to hope for a fair outcome, however. And the reason --- believe it or not --- is at least as ingenious as the vote-rigging software Curtis prototyped for Feeney six years ago.

Curtis has set up a website where voters can register their intention to vote for a particular candidate. Using this system, if a candidate can collect enough information about how many people intend to vote for him, and where they live, he will be in a position to tell whether the numbers from any given precinct have been flipped in favor of his opponent. And if such flipping occurs, the "losing" candidate would have reliable evidence to support a challenge.

Some voters have already registered, but many others don't yet know about the system, and they will have to be contacted by phone. Here's where you come in. Curtis needs volunteers to make phone calls. He can give you all the details; he can even arrange things so you can make the calls for free.

All in all, it sounds like a much more convenient way to support your democracy than waiting for another election to be stolen, going out into the streets, and trying not to be shot at.

As Curtis phrases it: "The democracy of this country and possibly the fate of the world rests on your shoulders. You can actually do something about it."

But here's the big question: WILL YOU? Will you help? Will you donate a few minutes of your time? Will you make a few phone calls in support of transparent, verifiable elections?

Did you say "Yes"? Good! I thought you would!

Please click here and offer Clint Curtis some support. It's really the least you can do for your country, and for your children, and for my children too.

Blogged by Brad from the road...

UPDATE: Trageser sends us a one line reply to the following article (instead of bothering to return our call): "Thanks for the traffic bump!" was all that he wrote. To which we replied: "Thanks for not giving a damn about your country." We also realize we neglected to post Jim's contacts previously so you can thank him yourself. As posted with his "column", you may contact staff writer Jim at: (760) 631-6628 or jtrageser@nctimes.com. Letters to his editor may be sent to: letters@nctimes.com, though that's likely the same editor who allowed his factually incorrect and evidence-free article to be published in the first place, so who knows how much they actually give a damn about such things at The North County Times.

I've been completely off line for nearly a week, only to return briefly enough to find Jim Trageser's sad attempt at a column from Wednesday in the North County Times wherein he bashes the Busby/Bilbray election contest as nothing more than "a political stunt."

The evidence for his conclusions? Apparently he has none. Other than the "facts" he has simply made up out of whole cloth without, seemingly, bothering to speak to a single source involved in the contest.

Add to that several pieces of out-and-out incorrect information (he says that Bush beat Gore in 2000 and that "every post-election recount...all upheld Bush's narrow win in Florida" --- Here's the actual numbers from the studies you cite, Jim. Don't bother to read them, we'd hate to destroy your rich fantasy life) and you've got the perfect picture of everything that is wrong with today's lazy, faux media.

At one point, Trageser actually has the temerity to hunt and peck the following words out of his keyboard...

Guest blogged by Winter Patriot

From BREAKING: McKinney Pursuing Legal Challenges to Elections in Georgia (with a few links added):

Guest blogged by Winter Patriot

An early-morning report from the headquarters of Congresswoman Cynthia McKinney's campaign indicates that voting is not going smoothly in Georgia's 4th Congressional District. Congresswoman McKinney is involved in a runoff election against Hank Johnson, after "failing" to gain 50% of the votes in the first round of the primary three weeks ago.

According to the McKinney camp,

We've reported on McKinney's troubles in the first round of the primary (here and here) and we have also mentioned the smear campaign being waged against her --- and against opponents of electronic voting in general --- by the Atlanta Journal-Constitution, a so-called "newspaper" which is part of the so-called "Cox media empire". Judging from their coverage of the first round of the primary, we should not expect the AJC to pay any attention to the claims of irregularities in this election, regardless of how well documented they might be.

The BRAD BLOG, on the other hand, will continue to keep you posted.

Guest blogged by Winter Patriot

The Orlando Sentinel has posted a good article by Robert Perez called Opponent, where art thou? asks Democrat in which Perez does a very good job covering the lead-up to the Democratic Primary in the 24th District, between Clint Curtis and Andy Michaud. The winner will earn the right to run for Congress --- against Tom Feeney!

Many election integrity advocates have been hoping for a Feeny-Curtis race, which would certainly focus more light on some very key issues. But Curtis has to get by Andy Michaud first. And as Perez describes it, Michaud's strategy at the moment is very difficult to grasp.

Guest Blogged by Emily Levy

Claims that electronic voting equipment sleepovers are just peachy sound mighty defensive in an issue paper titled "Voting Equipment 'Sleepover' Practice" issued July 27, 2006 by the California Association of Clerks and Election Officials (CACEO).

It may come as no shock that the president of the CACEO is none other than Conny McCormack, Registrar of Voters from Los Angeles County, pictured here on a Diebold brochure. San Diego RoV Mikel Haas is on the Board of Directors. Despite the CACEO not being a government entity, it has an important job to do. Why, its motto is even "Officium populi, office of the people." But wait! In their bylaws we find, under "Objects and Purposes":

Guest Blogged By John Gideon

Just released by the Green Party US is a Press Release from San Diego County, CA that states, in part, "The Green Party of San Diego County does not endorse the protocols used for obtaining and tabulating votes during the June 6 primary and previous elections. As we outline below, the process is fundamentally insecure leading to election results that are neither accurate nor verifiable."

The complete Press Release is below:

Guest blogged by Winter Patriot

According to ABC News and AP: Bob Ney Won't Seek Re-Election

AP writer Joe Danborn has some other details, including:

The Pittsburgh Tribune Review has more, including some quotes from an exclusive interview with Ney: Ney drops out of fall race

Who went on that trip to Scotland? Let's see ...

Guest blogged by Winter Patriot

I've been reading the most incredible editorial, from the Atlanta Journal-Constitution:
THE LAME VOTE-RIGGING CRIES RETURN

It's also available here and probably elsewhere too.

Here's how it starts:

Well, I for one did see this coming, but I don't think this means we all should have.

You can see right away how "clever" Jay Bookman is! He admits that the result was "surprising" and that the explanation posed by her campaign was a "likely" one. It almost seems he's interested in telling the truth ... but not really.

Even on the cold hard web-page, Bookman's words are clearly dripping with sarcasm. And, in an era when unintended irony is all the rage for supporters of the current corrupt bunch of war-criminals posing as statesmen, I am not shocked to see a true statement such as this one, disguised as ... um ... listen: this is a family blog, for the most part, so let's just continue.