Guest Blogged by Alan Breslauer

Now that we're finally back at The BRAD BLOG World News Headquarters in Los Angeles (for a few days at least) and have shaken off our road buzz (for now), gotten through the latest Sibel Edmonds blockbusters (until the next shoe drops) and have overcome last Friday's maddening 24 hour Internet outage, we've got some catching up to do on New Hampshire's continuing mess of a "recount."

Luckily for us, as we've been traveling for the last few days, and pulling off other related miracles, the hand counters in Concord took a break as of last Friday for a long weekend, which includes today's Martin Luther King Day holiday. As we all know, MLK would have hated the idea of anybody actually counting votes on his holiday, so we're glad the folks from the NH SoS office decided to let the ballots sit around and cool off in the darkness for three long days in a vault somewhere (maybe). The counting, which has so far covered just a small portion of all of the ballots, will resume on Tuesday.

So...From the latest hand count numbers, to the latest media coverage, to the latest reports from Election Integrity experts on the ground --- including one amazing photo essay illustrating New Hampshire's "chain of custody" protocol for its ballots, 80% of which have never been counted or examined by a single human being (that we know of) --- let's get caught up a bit.

Fasten your seatbelts and make sure your Pinto has a full tank of gas...

Who says Hillary doesn't have what it takes to beat Republicans at their own game next November?

According to Steve Rosenfeld at AlterNet...

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!)

Also meanwhile...Out there in MSM world, where reality creates its own definition, WMUR is reporting that all is fine in New Hampshire:

Well, they're sort of correct. "Voting" problems aren't the concern. As we frequently point out, the voters are still doing fine. Leave them alone. The election problems, and the horrible administration thereof, are another matter entirely. And on that front, loads of problems have been "found." But only if you bother to look at them, of course.

Given WMUR's following quote from NH Sec. of State Bill Gardner, which is demonstrably wrong in 3 seconds time if you bother to look at the SoS's very own web page for hand count results, it's not a surprise that WMUR thinks everything is just rosy:

That is what we in the business of actual reporting would call: a lie. Check the numbers for yourself. Yeah, it's technical true that "a lot of the votes were exactly the same," as Gardner says, in the same way that a lot of the troops who go to Iraq don't get killed.

But many more vote counts were not at all the same, ranging anywhere from 5 to 8 votes off in regular cases, across almost all candidates.

And before you say that's no big deal, we'll remind you that in 2004, had just 6 votes per precinct been registered in Ohio for John Kerry instead of George W. Bush, we'd have a different person sitting in the White House right now.

Other than that, and the fact that Gardner has no idea where the memory cards are for his Diebold machines, and all other matter of horrible election oversight, yeah, everything's just fine in New Hampshire.

...CONTACT...
WMUR Newsroom contact page

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.

10 minutes on this morning's Stephanie Miller Show. Discussing why things like actually counting the ballots in New Hampshire would have been a great idea. And on the lunacy and self-destructiveness of progressives (like this uninformed front-pager over at dKos, and his even lesser-informed followers, such as Markos himself) buying into the conspiracy theory that the dozens of verified, independent, multiple-sourced pre-election polls were wrong, but the unverified and uncounted election results, as announced, are somehow magically known to be accurate.

The results might well be right. But unlike the transparent and verifiable polls, no human being has actually bothered to count or even examine 80% of the ballots in NH. So whose the irresponsible crackpot here? Some of these folks are digging their own November grave.

We stay up all night without sleeping and go on Steph's show, you decide...

It's been an exhausting day, as a few folks in the world are finally beginning to open their eyes, and realize that not counting ballots, and trusting instead, in error-prone, hackable machines for "faith-based results" doesn't make a lot of sense. Particularly in an election for which nobody --- and I mean nobody --- has come up with a legitimate explanation for the surprising results. Oh, there's been plenty of speculation, but no actual facts. So why it's so difficult for folks to realize that the biggest unknown here --- what the ballots actually said on them --- has gone wholly unexamined in 80% of NH, continues to elude me.

That point eludes Tribune Media Services columnist Bob Koehler too. So I hope you read his eye-opening take on that for Thursday's corporate mainstream papers.

As promised, in my long, and much-updated original piece from last night, first expressing concerns and asking questions about the NH results, folks today have been looking at the precinct numbers to compare the difference between those which "counted" ballots on Diebold op-scan systems (for about 80% of NH's voters), versus those that still hand-count ballots in the Granite State (about 20% of the votes).

Ben Moseley of The Contrarian, most succinctly covers what other folks have found as well today. Namely, a 7 point overall bump for Clinton over Obama where the machines were used instead of hand-counts...

Moseley responsibly notes, however, that there could well be other reasons for Clinton's popularity in areas where Diebold's machines are used, in lieu of actually counting ballots. For example, hand-counting in NH is generally done in the more rural areas and smaller precincts. Perhaps Obama is more popular, or Clinton less, in such areas for any number of reasons.

The comparisons are only anecdotally useful for that reason. However, had the hand-counted results matched up similarly to those in Diebold areas, it might well have been a sign that there was little to worry about. (Even if I personally think not counting ballots is always something to worry about. But that's just me, one of those whacky pro-Democracy fellers, I guess.)

Moseley a blogger and political science student from American University, writes about Clinton's Diebold bump: "Does this show election fraud? Right now I'm not sure, but the possibility definitely remains and must not be taken off the table."

Then, in two updates, he offers a coupla more eye-brow raisers...

Syndicated Tribune Media Services columnist Bob Koehler bumps up our serious concerns about last night's wholly untransparent, and still-uncounted (by anything but a hackable Diebold computer, and a company with an executive criminal past, to say the least) New Hampshire Primary election results, from "blogger conspiracy theory" to mainstream media concern.

Here are the first few grafs of his column, set to run in tomorrow's editions of subscribing mainstream media papers...

The rest of the column is just as good, in which he discusses the MSM's "inability to incorporate news of ongoing voting-machine insecurity into actual election coverage."

Full column now posted here...

[UPDATED several times at end of article, and still developing with new updates...]

I'm not sure why Obama would have conceded so soon, given the virtually inexplicable turn of events in New Hampshire tonight.

What's going on here? Before proceeding, I recommend you read the third section of the post I just ran an hour or so ago, concerning the way the ballots are counted in New Hampshire, largely on Diebold optical-scan voting systems, wholly controlled and programmed by a very very bad company named LHS Associates.

Those Diebold op-scan machines are the exact same ones that were hacked in the HBO documentary, Hacking Democracy. See the previous report, as I recommend, which also includes a video of that hack, and footage of the guy who runs LHS Associates.

That said, the the pre-election pollster's numbers (NOTE: that's not Exit Polls, but Pre-Election Polls!) were dead-on, for the most part, on the Republican side, as well as on the Democratic side. Except in the do-or-die (for Hillary) Clinton v. Obama race. I'm watching MSNBC right now, and they all seem to agree that the results, for the moment, defy explanation.

I concur.

Here's a screenshot of a round up of all of the latest polls from RealClearPolitics.com tonight, and more, to get an idea of the serious concerns here...

Obama wins for the D's, Huckabee wins for the R's. Consider this an Iowa horse race Open Thread, as you wish...

For my part, I'll take the opportunity to open it up with a few bragging rights, along with a simultaneous warning to those who think Huckabee will be easy for the D's to beat if he were to win the nomination.

Back in January of '07, after seeing Huckabee interviewed for the first time (on The Daily Show), I wrote:

I stand by that prediction, and think Dems would be foolish to misunderestimate Huckabee. Period. Discuss.

A spokesman for Barack Obama (D-IL) sent us a statement decrying John Tanner's announced resignation today from his post as Chief of the DoJ Civil Rights Division's voting section, charging that his move to another post within the Civil Rights division amounts to little more than "simply shuffling deck chairs."

Obama had previously called upon the Attorney General to fire Tanner outright for his offensive, and inaccurate remarks, as first reported by The BRAD BLOG, that minorities "don't grow elderly the way white people do. They die first."

Obama's statement in full...

Rep. John Conyers (D-MI), chair of the U.S. House Judiciary Committee, joins Rep. Jerrold Nadler (D-NY) on the other hand, in applauding the removal of Tanner from his post, saying in a statement (posted in full below) that "John Tanner’s resignation as Voting Section Chief at the Department of Justice provides the department with an opportunity to renew its commitment to the real problems facing voters and elections."

"I am hopeful that Mr. Tanner’s replacement will mark a departure from efforts to limit the participation of elderly and minority voters, and actually serve to remove obstacles to participation in the political process," said the elderly, but not-dead, African-American Congressman and voter from Michigan.

The complete statement from Conyers and Nadler follows below in full...

Guest Blogged by Alan Breslauer

UPDATE: The mainstream media also critical of the "Clinton News Network (CNN)"

The NY Times:

The LA Times:

Tim Dickinson at Rolling Stone wonders if Wolf Blitzer is a douche or just a dislikeable fellow for running interference on behalf of Hillary.

Eric Altermann thought Joe Biden won the debate while, "The loser was Wolf Blitzer."

And the Gateway Pundit has an excellent rundown on the entire CNN hearts Hillary debacle.

Our friend Jacob Soboroff, from the election reform site Why Tuesday, is asking folks to vote up his video question for Barack Obama, so that the question might be one of 10 asked of the presidential candidate during an MTV appearance scheduled for Monday (10/29) at 1:30pm ET.

To help ensure Obama gets asked the direct question on Election Reform, please click the green "thumbs up" icon just above Jacob's short video question here.

It'd be nice if the media began asking the candidates such questions about the one issue that underscores all others: What the hell do they plan to do about our crumbling electoral system?

More specifically, we'd love them to answer one question directly --- and hope that those of you out there attending their live events might bring a video camera and ask them directly!: "Do you support a paper ballot --- not a 'paper trail' or a 'paper record,' but a paper ballot, and one that is actually counted --- for every vote cast in America?"

But in the meantime, the question to Obama on MTV would be a step in the right direction. Please take 40 seconds to click the video link above and then click that green thumbs up button!