Blogged by Brad Friedman from the road...

The insidious nexus between phony GOP charges of "voter fraud" and the U.S. Attorney Purge scandal will finally be explored in a Senate Hearing on "In-Person Voter Fraud: Myth and Trigger for Disenfranchisement?" this Wednesday in Sen. Dianne Feinstein's (D-CA) Rules Committee. The complete witness list and press release from Feinstein's office, announcing the hearings, is posted at the end of this article.

Witnesses will include, among others, former NM U.S. Attorney David Iglesias, believed to have been fired for his unwillingness to bring phony voter fraud charges in the state despite pressure from folks such as Sen. Pete Domenici (R-NM), Rep. Heather Wilson (R-NM), and a representative of Republican operative Thor Hearne's now-defunct "American Center for Voting Rights," (ACVR) which The BRAD BLOG originally outed as a White House/GOP front group in a long series of investigative reports dating back to 2005, which began just after the supposedly non-partisan group (co-founded by two very high level White House/GOP operatives) first appeared on the scene...

Some guy named Patrick Ruffini, at the right-wing Townhall blog of right-wing radio host Hugh Hewitt, is using the space to disinform readers as to the reasons for the current shutdown of the FEC. And he's dishonestly misrepresenting a BRAD BLOG article from last year (we're the "left-wing blogger" he links to in his comments below) in order to help fool his presumably gullible readers...

In response to critical comments by former Republican Secretary of State Lawrence Eagleburger, rightwing talker and self-proclaimed "Dean of the Limbaugh Institute for Conservative Studies," Rush Limbaugh, offered a fresh and perhaps telling explanation this morning for his ongoing attacks on presumptive Republican Presidential nominee John McCain.

"We're trying to avoid a fifty state landslide!" Limbaugh shouted angrily in reply to the comments from Eagleburger, who had slammed him and fellow Republicanist entertainer Sean Hannity of Fox "News" and ABC Radio.

"I don't know who elected Rush Limbaugh or Hannity as the heads of this conservative movement," Eagleburger says at the beginning of a clip from MSNBC last night that was aired on today's radio show. "They throw that word around as if it was theirs and theirs alone."

"I thought I was a conservative, but that doesn't mean that I have to buy off on everything these poobahs thinks is what's necessary to be a conservative," continued the former Sec. of State, before defending what he sees as McCain's conservative national security credentials.

Eagleburger's slam would lead to a telling outburst in reply from Limbaugh (full audio posted at the end of this article)...

The conspiracy theorists at the New York Times today tell us something is amiss, but proceed to ultimately tell us nothing about why it happened, suggesting that all is just fine...and that it'd be even better if the city "upgraded" to new electronic voting machines...

So how did the numbers change from 141-0 to 261-136 and from 118-0 to 118-116? No confirmed explanation is given, but some lazy guesswork about how votes are counted on NYC's old lever voting machines is proffered by local Election Officials, and dutifully passed on by the Times who --- before proceeding with a misleading "ad" for new electronic systems --- soothes our concerns by informing us that an unspecified number ("a handful") of districts also reported zero votes for Clinton in the original, unofficial tallies...

He will, indeed, be missed. At least by those of us here at The BRAD BLOG. See ya in a few years, Mittens!...

The strange situation with Washington state's Republican Caucus over the weekend keeps deteriorating by the hour, the more we learn about it. It all underscores, of course, why full transparency is useful when it comes to elections.

And yes, the process overseen by the state's GOP chair Luke Esser "the Suppressor" --- where Huckabee led McCain for the bulk of the day as returns were coming in, only to stop the counting at 87% once McCain took a 242 vote lead --- was anything but transparent.

Seattle's NBC affiliate KING 5 is now questioning the reported vote totals out of Snohomish County:

This is all made possible, as the WA state bloggers at HorsesAss (who have been doing some terrific work on all of this) helpfully report, due to the bizarre way in which WA Republicans determine delegate proportionment from the caucus voters.

Unlike the state's Democratic Caucuses, where delegates are essentially selected by a mathematical formula to mirror the way caucus goers voted, on the GOP side, participants at each precinct may determine how to proportion delegates any way they wish. For example, even if, say, Mike Huckabee or Ron Paul were to receive the most votes at a precinct, the organizers could still choose to give the most delegates to John McCain.

As the KING 5 report above points out, there is now a question of consistency with the numbers that state party chair Esser the Suppressor was reporting.

Adding still more worries for the Huckabee camp, or even the Paul camp who currently follow Huck with a close third place, David Goldstein at HorsesAss also points out that Esser has long served as a reliable hatchet man, for years, to WA State Attorney General Rob McKenna, who helped him get the job, and who just happens to be the state campaign chairman for, you guessed it, John McCain...

Wow. An amazing find by HorsesAss. Here's Washington state GOP Party chairman Luke Esser --- he who unilaterally stopped counted votes from Saturday's Republican Caucus at 87%, once McCain finally took the lead from Huckabee by just 250 votes --- from his earlier days as an aspiring vote-suppressor...

That 'splains a bit, don't it?

Thus was the Republican party's now de rigeur "win"-at-all-costs atmosphere created by Esser over the weekend, leading Huckabee to say this morning on CNN: "That is not what we do in American elections... Maybe that's how they used to conduct it in the old Soviet Union, but you don't just throw people's votes out and say, 'well, we're not going to bother counting them because we kind of think we know where this was going.'"

Think again, Huck.

Be sure to factor all of the above in the next time you the hear the wingnuts tell you about "Democratic voter fraud" in the razor-thin Washington state Gubernatorial election eventually won by the Democratic candidate Christine Gregoire. They will tell you there was massive fraud in the race, though if you bother to look up what really happened, you'll learn the GOP never alleged fraud in their court case, which was thrown out and not even appealed, after no evidence of fraud was ever presented by them.

(Hat-tip TPM)

UPDATE 2/11/08 7:14pm PT: Seattle's NBC affiliate reports "inconsistencies" in votes as reported by Snohomish County. ALSO: Esser the Suppressor's ties to McCain's state campaign chairman. Details now here...

[Updated at bottom of article with an "explanation" from the WA state GOP chairman. This story gets more bizarre by the minute. Be sure to check the updates if you read this story earlier.]

"The Huckabee Presidential Campaign will be exploring all available legal options regarding the dubious final results for the state of Washington State Republican precinct caucuses," according to a statement posted today on their official campaign website.

It was 2:30am on the West Coast last night as we noticed CNN was reporting only 87% of precincts counted from Washington state's Republican Caucus yesterday. Just over 200 votes separated the leader John McCain from Mike Huckabee in a very close second, with Ron Paul coming in a very close third.

Throughout the day, according to Josh Marshall at TPM, Huckabee had been leading in the returns until very late, when McCain pulled just ahead of him by just a few votes.

"With 87% of the returns counted," writes Marshall, "the Washington state GOP, which runs the caucuses stopped releasing results. That left us and a lot of other news organizations in a bit of a quandary last night since it looked like McCain was going to pull it off. But as late as 1:30 AM on the east coast promised new results kept failing to materialize."

And then, in the middle of the night, the state GOP posted a press release declaring McCain the winner, even with some 13% of the votes still unreported, and just 242 votes --- out of 13,745 reported so far --- separating McCain from Huckabee who'd finished a "strong second" according to the GOP release.

"In other words," Huckabee campaign chair Ed Rollins says in their statement this morning, "more than one in eight Evergreen State Republicans have been disenfranchised by the actions of their own party."

"Now, I think it would be borderline for a media organization to declare one candidate a winner when the margin separating first and second was 1.8% with 13% of the results still uncounted," writes Marshall today. "But for the officials holding the election to declare the result on that basis is simply bizarre. But that's what they did."

Of course, none of that kept the always-responsible Reuters news service from declaring "McCain wins Washington state Republican contest" at 8:10am ET this morning.

This afternoon, the Huckabee camp is announcing they are prepared to go to court if necessary, as the candidate himself declared that "weird things" are going on in Washington while on NBC's Meet the Press.

At the same time, the results of the GOP Louisiana Primary, as announced by the state, are even closer than those so far released in Washington. Though because the election was held on wholly unverifiable electronic voting machines, everyone will simply have to settle for whatever numbers the faith-based systems reported to them, no matter how close the margin...

That was then, as The BRAD BLOG broke the story on 10/3/06. This is RIGHT NOW...

Leave your Open Thread thoughts on tonight's State of the Union Speech in comments below...

POST-SOTU UPDATE: The Republicanists at Fox "News" just can't help themselves, even for the State of the Union...

UPDATE 8:10pm PT: Following the (supposedly) "centrist" response to the SOTU, offered up by the scared-to-death Democratic "leadership", in the person of Kansas Governor Kathleen Sibelius, a real response to Bush's SOTU was sent out by Senator Russ Feingold (D-WI). The short response follows below in full, and serves to remind us what reality looks like...

-- Guest BRAD BLOG Op-Ed by Daniel Ellsberg

For the second time in two weeks, the entire U.S. press has let itself be scooped by Rupert Murdoch's London Sunday Times on a dynamite story of criminal activities by corrupt U.S. officials promoting nuclear proliferation. But there is a worse journalistic sin than being scooped, and that is participating in a cover-up of information that demands urgent attention from the public, the U.S. Congress and the courts.

For the last two weeks --- one could say, for years --- the major American media have been guilty of ignoring entirely the allegations of the courageous and highly credible source Sibel Edmonds, quoted in the London Times on January 6, 2008 in a front-page story that was front-page news in much of the rest of the world but was not reported in a single American newspaper or network. It is up to readers to demand that this culpable silent treatment end.

Just as important, there must be pressure by the public on Congressional committee chairpersons, in particular Representative Henry Waxman and Senator Patrick Leahy. Both have been sitting for years on classified, sworn testimony by Edmonds --- as she revealed in the Times' new story on Sunday --- along with documentation, in their possession, confirming parts of her account. Pressure must be brought for them to hold public hearings to investigate her accusations of widespread criminal activities, over several administrations, that endanger national security. They should call for open testimony under oath by Edmonds --- as she has urged for five years --- and by other FBI officials she has named to them, as cited anonymously in the first Times' story.

And this is the time for those who have so far creditably leaked to the Times of London to come forward, accepting personal risks, to offer their testimony --- and new documents --- both to the Congress and to the American press. I would say to them: Don't do what I did and waste months of precious time trying to get Congressional committees to act as they should in the absence of journalistic pressure. Do your best to inform the American public directly, first, through the major American media.

But perhaps today the alternative media and the international press are a necessary precursor even to that. It shouldn't be true, but if it is, it's a measure of how far the New York Times and Washington Post have fallen from their responsibilities to the public, to their profession and to American democracy, since I gave them the Pentagon Papers in 1971. They printed them then. Would they today?

As usual, another Democratic candidate is revealing a sour grapes conspiracy theory, claiming that voting machines were the reason for his loss, after alleging that hundreds of ES&S touch-screen systems failed to work on Election Day, turning away an untold number of voters.

Oh, wait, the complainant was a Republican, not a Democrat. And he, John McCain, didn't lose, he won, in South Carolina where, CNN reported yesterday, the touch-screen voting machines in 100% of the precincts in Horry County failed to boot up and weren't available for voters to use until noon.

Go figure. Other than that, everything is going very well, and anybody who says otherwise is unnecessarily crying wolf and causing a dangerous lack of confidence in our electoral system.

Guest Blogged by Alan Breslauer

Senator John Edwards took his presidential campaign to Los Angeles yesterday, speaking to a crowd of about 1,000 at the Southern California Public Service Workers' headquarters. While Edwards spent the bulk of his nearly 20 minute speech going after special interests, corporations and lobbyists, he also took a few shots, without naming anyone, at his main Democratic challengers:

Edwards also said that he was the "underdog" and challenged the crowd to start a grassroots movement on his behalf that will spread across the country like a "tidal wave of change."

As mentioned last night in this disturbing article, the early results of the hand counts of one Diebold precinct in Dennis Kucinich's election contest in New Hampshire are now being posted, as they come in, at this New Hampshire SoS page.

As mentioned earlier today, NH SoS Bill Gardner told WMUR in NH that "We did nine of the 12 wards in Manchester, and a lot of the votes were exactly the same...Some went up by a vote or two." He didn't, of course, note that a lot of the vote counts (most of them) were off by 5 or more.

And now, the rest of the numbers from the rest of the Manchester wards are coming on. And get a load of Ward 5:

All of the other candidates seem to have lost votes as well. No clue who received them instead, and must run out to tonight's Oakland screening of UNCOUNTED: The New Math of American Elections. But I thought you'd want to know.

WMUR might want to know too. Since their only source seems to be whatever Gardner tells them. They can be contacted here.

There are more fresh numbers there, but we haven't yet had time to review 'em. Other than that, everything is fine with your election system. Or, as WMUR "reported" at 6pm ET today: "The continuing Democratic primary recount in New Hampshire has not found any voting problems."

UPDATE: The New Hampshire Union Leader reports this as the reason for the huge disparities discovered via the hand count:

We've been on the road, and thus, unable to confirm that explanation one way or another, or even add this update from yesterday's paper until now. But we're happy to share it with you nonetheless (even as some dKos fans in comments, have suggested our lack of pointing it out as some sort of "conspiracy theory". Get over yourself, kids. And stand up for democracy while you're at it!)

Blogged by Brad Friedman from on the road...

(As mentioned in previous items, I'm now on the road --- currently in Oakland for the Thursday night screening of the more-ironically-named-than-ever documentary, UNCOUNTED: The New Math of American Elections --- and doing my best to keep up while moving. So apologies for the terse reports for the moment, as I continue to roll and have limited time online.)

LATEST OUT OF NH: Disparities being found during hand-counts of ballots, in many wards, many candidates. Diebold op-scan memory cards unaccounted for at the moment, Secretary of State (SoS) doesn't track them after elections, doesn't track error reports during elections. LHS Associates (see below) handles all of it instead, according to reports on the ground. Public records request reveals hundreds of ballots in one area scanned as blank due to incorrect ink used on ballots, and other problems on LHS problem report forms.

Numbers are now being posted from both the Democratic and Republican hand-counts in the NH Primary Election contest. So far, only wards in Manchester (Hillsborough County) have been hand-counted, and disparities between the original counts from the Diebold optical-scan machine and the hand inspections seem to be occurring in many wards, and for many candidates.

Here is the SoS Recount page with the totals, that I haven't yet been able to review in full.

While sources on the ground at the counting today have told me that officials were not announcing the originally counted results at the counting room, the SoS web page lists what they claim are the original counts --- previously verified by nobody --- versus the recounted numbers.

The disparities, as I've quickly been able to review them, are small, but consistent, in ward after ward, across almost all of the candidates. I'm told that the manufacturers of the optical-scan machines (in this case, Diebold) have estimated an expected error rate of 1% on this type of tallying device which, as noted by one of our contacts in NH, is ridiculous, if you consider that most states and counties only kick in "automatic recounts" when the margin between the two leading candidates is less than .5% or so.

ADDITIONALLY...Public records requests are being made on the spot, for errors and malfunctions at various voting precincts. An early review of the error forms turned over from the public record request made by Election Integrity experts overseeing the counting, has revealed that in Stratham there were some 550 ballots that were not read by the op-scan at all. They were seen as blank ballots. Officials there noticed the problem, and then hand-counted some 3000 ballots after the error was discovered.

Apparently, as we've seen elsewhere, voters were given the wrong pen to use and the op-scanners did not "see" this particular type of ink.

Some of the election day error and incident reports, as read to me over the phone just now by Susan Pynchon of Florida Fair Elections Coalition and Paddy Shaffer of Ohio Election Justice Campaign, both of whom are on the ground in NH overseeing the counts, and assisting Republican contest candidate Albert Howard...

I spoke with Bev Harris of BlackBoxVoting.org, who is also on the ground in NH, and she asks: "If it wasn't 550 ballots, but just 55 or so in some places, would they even have seen it and known to recount ALL of the ballots?"

She also noted that the error report came from LHS Associates, the private company (with the, um, less-than-reputable background) that is the sole Diebold vendor, programmer, operator and service provider in NH and most of the other New England states.

(UPDATE: Harris has more of her own first-hand observations now posted here at BBV.)

LHS, apparently, is the one responsible for tracking (or not) and reporting (or not) any such errors, rather than the Secretary of State or local election officials. That tracks with previous BRAD BLOG reporting on LHS, and how they operate in Connecticut, where there are similar concerns for whether or not the SoS even knows what the error rates are for the system they use, since problem reports are given to LHS instead of to public officials.

The BRAD BLOG has reported within the past few days machine problems during the election in a number of towns. In fact, of the first four towns we called that used the Diebold machines, all four reported machine failures of one type or another.

FURTHER...Voting Rights attorney John Bonifaz, legal director of VoterAction.org, was on the scene today, and just told me that he has great concerns about the transparency of both the initial election and the hand-count auditing process that got under way in earnest today.

"I'm very concerned that this is not a fully transparent process that is happening there," he told me.

The sensitive memory cards containing the programming and tabulation from the Diebold optical-scanners are apparently "missing in action" for the moment. Those cards, as viewers of HBO's Hacking Democracy know by now, may be used to hack an election, such that only a proper hand-count of the paper ballots afterwards will reveal the hack. (See the video of that hack for yourself right here. The same exact machine being hacked in that film was used across the state to count 80% of the ballots in NH in last week's primary.)

And yet, says Bonifaz who spent time today speaking with New Hampshire Secretary of State, Assistant Secretary of State and Deputy Attorney General, nobody seems to have any idea where those cards are and what has become of them.

He says he was told by Secretary of State William Gardner that his office doesn't get involved in tracking what happens to those memory cards. Some have reportedly been returned to LHS, and may have had their memory erased already.

"When you have a private company counting 80% of the votes, and you later learn that the memory cards are unaccounted for, you have a serious question about the transparency and accountability in that process," Bonifaz said.

He notes that federal law requires all materials from elections be preserved for 22 months after the election. So if those materials have already been lost, destroyed, or over-written, there are legal questions that must be addressed.

Bonifaz also noted that while representatives and observers for the Hillary Clinton and Dennis Kucinich campaigns were on site, nobody at all seemed to be there from either the Barack Obama or John Edwards camps. (Incredibly enough, I might add!)

Our earlier report today had a number of important updates that you may wish to review. Including the fact that the Kucinich people have asked for more observers (with video cameras if you have them!) at the State Archives Bldg., 71 South Fruit Street, Concord, New Hampshire, to help oversee the 6 counting teams. Much more in that report as well...

UPDATE 1/17/08 6:25 PM PST by Emily Levy: There are enough volunteers for tomorrow's counting. After Friday's counting, the count will be suspended for the Dr. Martin Luther King Holiday weekend and is scheduled to resume next Tuesday. Folks on the ground in NH ask that you not show up there without talking with someone first, as they don't want anyone to make the trip unless they're needed. Volunteering will be coordinated, and that system is being set up now. Check back here for updates.