Guest blogged by Ernest A. Canning

The Association of Community Organizations for Reform Now (ACORN) has won a substantive victory on behalf of the voters of Ohio --- perhaps hundreds of thousands of them --- via a court case filed in 2006, challenging a number of voter suppression tactics employed by the state's then Sec. of State, J. Kenneth Blackwell (R).

The victory may lead to the enfranchisement of "hundreds of thousands of voting-eligible low-income Ohioans" according to one of the attorneys involved in the case, yet it looks like Fox "News", Matt Drudge, and all of the other Rightwingers may have forgotten to post a thank you note to ACORN this week for their successful battle to strengthen the growth of democracy in the U.S....

Guest blogged by Ernest A. Canning

On Nov. 12, the Center for Constitutional Rights (CCR) filed a lawsuit in U.S. District Court alleging that separate House and Senate Resolutions to bar all funds to the Association of Community Organizations for Reform Now (ACORN) were unconstitutional Bills of Attainder, which violated ACORN's Fifth Amendment right to due process of law and First Amendment right to freedom of association. (See Rachel Maddow's excellent coverage and explanation of a "Bill of Attainder" here.)

The CCR suit "seeks a temporary restraining order to prevent the government from reallocating funds designated for the organization and its affiliates and a preliminary injunction to stop Congress from singling out a single organization for punishment without proper investigation or due process."

During his Nov. 13 appearance on Democracy Now, CCR Attorney Bill Quigley (video below) warned that if constitutionality of the legislation is not legally challenged, ACORN could be but the first of numerous groups seen as supportive of Democrats whose funding will be challenged, as that rightwing blogs are already looking to target the Service Employees International Union (SEIU) as well.

While the suit presents a significant legal challenge, and while there is little doubt that ACORN has been the victim of a GOP witch hunt which, as Brad Friedman and others have reported, included the "phony 'voter fraud' charges" that were at the "heart of the U.S. Attorney purge scandal," the willingness of so many Congressional Democrats to jump at the chance to punish ACORN via this Bill of Attainder may also entail something more subtly insidious...

It's been nearly five months since the official complaint about Ann Coulter's alleged voter fraud in 2002 and 2004 was filed in Connecticut, yet state election officials continue to refuse comment on the status of the case beyond acknowledging that it's "still pending," as recently confirmed by The BRAD BLOG.

Several charges of absentee voter fraud were alleged in the complaint against Coulter in Connecticut, where evidence shows she cast absentee ballots illegally while living in her then permanent New York City residence.

In addition to the head of the California GOP's voter registration firm pleading guilty to fraud last week (his company, Young Political Majors, is under investigation in several other states as well, and is alleged to have secretly changed thousands of registrations from Democratic to Republican, denying voters the ability to cast votes in last year's primary), and the Republican election official in Kentucky who last month pleaded guilty to participating in a massive election fraud conspiracy beginning in 2002, there still remains the outstanding official investigation into the allegations against Coulter, the GOP's storied Queen of Voter Fraud.

If all you watched was the Fox "News" Channel, however, and their increasingly bizarre --- and yet still evidence-free --- "investigation" into "voter fraud" by ACORN, you'd have no idea. That, even though Coulter herself continues to parade in front of their cameras as a regular guest without ever being asked about the official inquiry in the second state to investigate voting improprieties by the GOP superstar.

"The delay in this case is inexplicable given they need to prove two things: where she registered to vote/voted and where she lived when she registered to vote/voted," the complainant in the case, Daniel Borchers, a Christian conservative who has long opposed Coulter's behavior, told The BRAD BLOG. "Both are easily proven."...

What's perhaps most interesting here is what isn't mentioned in this story, as written on the Los Angeles Times' "L.A. Now" blog. First, here's their entire blog item...

And what they didn't bother to mention in that story?...

By Parke Bostrom and Brad Friedman

On Tuesday, April 21, we gave Humboldt County, CA Registrar of Voters Carolyn Crnich a public records request for the two letters she read aloud (but declined to otherwise disclose) at a March 24 public meeting of the ad-hoc Humboldt Election Advisory Committee.

As The BRAD BLOG previously reported the two letters were from Premier Election Solutions (formerly Diebold Election Systems). The primary purpose of both letters was to terminate all contracts between Premier and the county. The letters were dated March 17 and 18, the day of, and the day after, the CA Secretary of State's hearing regarding serious flaws found in Diebold/Premier's GEMS vote-tabulation system.

At that hearing, a Diebold/Premier spokesperson admitted that all versions of their GEMS systems --- as used in 20 counties in CA, and 34 states across the nation --- feature such flaws. Some of those flaws, including the wholesale deletion of ballots without notice to the system operator, were discovered to the surprise and dismay of Crnich and volunteers working on the Humboldt County Election Transparency Project following the certification of the November 2008 election. Crnich was subsequently forced to re-certify the election with new results. [Disclosure: Parke Bostrom is one of the volunteers on the Humboldt ETP.]

Last Tuesday, at the next monthly meeting of the ad-hoc committee, Crnich presented copies of the two one-page letters and allowed examination of the originals (copies of which are posted at the end of this article.) The letters' legal language is very plain, straightforward and troubling. The contracts' termination clauses are being executed, and those clauses specify the necessary steps and required time frames...no matter how it may adversely affect upcoming elections in Humboldt County...

Guest Blogged by Parke Bostrom of the Humboldt Transparency Project

At the California Secretary of State's public hearing regarding the possible decertification of Diebold's tabulator systems, GEMS v1.18.19, in relation to the "Deck Zero" covert deletion of 197 ballots in the November election, the audit log's magical "clear" button, and the GEMS audit logs failing to report when ballots were manually deleted by the operator, Diebold/Premier representatives tried to shift blame for the 197 deleted ballots onto the Humboldt County, CA, Registrar of Voters, Carolyn Crnich.

Crnich responded, "If you're saying that your system needs to be checked every damn time we turn it on, I agree with you."

Crnich's use of an expletive seems to have pushed Diebold/Premier's legal counsel over the edge, causing them to reach for and firmly press the "nuke" button in response, by petulantly informing the county of termination of licensing for the use of any of the company's products.

Several days after returning to Humboldt, following the hearing in Sacramento, Crnich received two letters from Premier. Both letters arrived in a single envelope, but unlike Premier Khrushchev's two letters to President Kennedy, Crnich did not get to choose which letter to respond to....

Guest Blogged by John Gideon of VotersUnite.org

Disgraced former Ohio Secretary of State, J. Kenneth Blackwell believes he's qualified to be the next Chairman of the RNC and is in the process of pitching himself to that end.

Among the qualifications offered by Blackwell --- who may someday find himself facing conspiracy charges for his part in overseeing the criminally mis-administered 2004 Presidential Election in the Buckeye State --- is the rather imaginative claim that he "prevented voter fraud from overturning the results of a U.S. presidential election and fought the left in federal court more times than you can imagine."

In terms of future plans for the RNC, the one-time-Democrat-turned-unapologetically-far-rightwinger says: "Voter registration must be a major emphasis for the Republican Party. Of course, we start at a competitive disadvantage with the Democrats and ACORN since we are strictly limited to registering people who actually exist."

This has got to be a joke. I'm afraid, however, that it isn't.

For much more on the GOP's ACORN 'voter fraud' hoax, see this BRAD BLOG Special Coverage page.

Guest blogged by Steven Rosenfeld of AlterNet

The electronic voting problems in the 2008 election are broader than recently-publicized snafus such as machines not turning on, voter databases omitting names, or touch screens not properly recording votes, according to an analysis of 1,700 incident reports from the nation's largest voter hotline.

Moreover, the voting machine issues and the confusion they caused among poll workers appear to have compounded the delays faced by untold thousands of voters this fall, a preliminary analysis of 1-800-OUR-VOTE reports by Joseph Lorenzo Hall, a researcher at Princeton University and the University of California, has found...

Actor Tim Robbins, one of a few who've been very outspoken about election integrity concerns, was told he was no longer on the rolls yesterday in NYC, at the polling place where he'd voted for "more than a decade".

A "ruckus" reportedly ensued as Robbins fought to not have to vote on a provisional ballot, and eventually was forced to go see a judge in order to get to cast his vote.

Says Robbins, in the short video below, as he was in the process of getting the needed paperwork to fight to cast his vote in America: "This is what you have to do to vote... I had to go down to see a judge... My name was not on the roll, and I'm not the only one. According to workers, 30 people in 5 hours had been taking off the rolls. You can do the math on that. 6 per hour, per district across America..."

P.S. Note from Brad: Much to get caught up on today --- from the Al Franken mess in MN, questions about the Prop 8 results in CA, about Ted Stevens' Diebold re-election in AK, MO's close race for President and much more --- even as I've got a phalanx of promised media interviews, etc. to get through all day. Remember, most of the problems from Election Day don't begin to reveal themselves until the days following the election. So much catchup to come soon. My thanks for your patience, and for both Jim Cirile and Des' work in keeping this joint up to date-ish as I've been otherwise unable to do much BRAD BLOGGING over the last 24 or so...

UPDATE 12:20pm PT: The Nation's John Nichols notes the "Orwellian twist", given Robbins' appearance on Real Time with Bill Maher just over a week ago, urging people to fight for their right to vote not on a provisional ballot if they found themselves purged from the rolls on Election Day...

Minutes ago, on CNN, they reported that "mechanical problems" are their quickest growing category of problems coming in to their hotline. "They hadn't even registered on our ticker previously," said the host. Perhaps because the Obama/DNC campaigns didn't tell them about all of the problems they've been finding?

A press release issued from 866-MYVOTE1 and CNN...at 9:30am PT reports on an alarming number of calls coming from "key states, like Pennsylvania, Virgian and Florida," And yes, as predicted, problems in Philadelphia where "there are extensive reports of machines simply not working." A perfectly predictable issue, that this horrifying chief of Philly elections didn't seem to care about just days ago.

Details from the CNN/VoterAction.org press release follow...

[Ed Note: Please "Reddit" this one up, as Republicans have been trying to down rate it over there!]

A devastating article on Sunday destroys the GOP's claims of "voter fraud" as a member of McCain's own (amusingly named) "Honest and Open Election Committee" has admitted that Republicans are unable to cite a single "documented instance of voting fraud that resulted from a phony registration form."

The admission underscores our bold and knowing assertion of same, back in the early days of this year's fake GOP ACORN "scandal", when such assertions weren't popular, as noted for history both here at The BRAD BLOG and at the UK's Guardian.

The fact-based comments were made despite the once-honorable Republican nominee's dangerously specious claims during the final Presidential debate, that the ginned-up "crisis" was "one of the greatest frauds in voter history" and was "maybe destroying the fabric of democracy."

Looks like someone in his own campaign failed to get the memo. But it's not about facts, it's about fears, even ones that they themselves have created. As we've come to learn, that's more than good enough for the U.S. Supreme Court at least, and certainly for those attempting to keep you from being able to cast your legal vote...

-- Brad Friedman, The BRAD BLOG

Why corporate mainstream journalists have a need to identify everyone as either "liberal" or "conservative" is beyond me. But setting that aside, of far more import is the substantive information in Washington Independent journalist Jonathon E. Kaplan's report today featuring lead Obama attorney Bob Baeur's attempt to defend against my fervent critique of the campaign's woefully inadequate and dangerously misguided efforts in dealing with the massive voting machine problems occurring around the country since early voting began (and, of course, well before even that)...

[Note 11/3/08: An updated version of the article, now posted here, scales by on the "liberal" thing, after I sent a gentle complaint to Kaplan.]

The article does nothing to assuage my concerns about the Dems' self-proclaimed "behind the scenes" efforts on these matters. Bauer was still unable to offer a shred of evidence that the campaign or the DNC has taken such concerns about the use of wholly unverifiable voting systems --- and worse, allowing and actually encouraging election officials to access those machines during the election, at the time they are most vulnerable to tampering, for "recalibration" --- with the gravity the issue deserves.

Incredibly (though no longer surprisingly), the Democrats persist with their tortured logic that taking action on problems with voting machines will somehow depress the electorate, before quickly changing the subject to concerns about Republican chicanery on the front-end voter suppression stuff.

As an Election Integrity advocate recently noted rather eloquently, the front-end voter suppression issues and the back-end voting machine failures are two sides of the same coin. You can't worry about one without worrying about the other. The Dems, unfortunately, are still worried about only one side of the coin, as Kaplan's report demonstrates all too clearly (yet again) today...

Guest blogged by DES

Late last week, a federal court spanked Colorado's Republican Secretary of State, Mike Coffman, ordering him to restore tens of thousands of registered voters to the state's voting rolls and allow them to vote, requiring that officials count those ballots, and --- perhaps most importantly --- placing the onus on elections officials to justify the removal of voters from the rolls, rather than forcing the voters to prove they are who they say they are...

4 days until Election Day.

Georgia has, again, had problems with their voter registration database. This time there were between 500 and 1000 voters, depending on reports, who were left standing in line for two hours while they waited for Fulton Co. officials to reestablish connection with the state’s computer system. This will be a huge problem on election day and may cause thousands of voters to give-up and go home. Let’s hope not.

I never imagined that I would find myself agreeing with anything that John Fund had to say but in our ‘Featured’ article Fund wrote one graf that gives me hope for the guy. He said, “Independent, nonpartisan groups, as well as candidates and parties, should be authorized to appoint poll watchers to observe the election and the vote tabulation. All vendors who supply voting machines and computer software should be required to undergo investigation for financial security and integrity. Clear rules for identifying what constitutes a vote and procedures for contesting an election result must be developed by each state”....

5 days until Election Day.

A deal was struck last evening in Colorado with the Secretary of State. 20,000 voters who were illegally purged from the state’s voter rolls will now be allowed to vote using provisional ballots and those ballots will get priority handling and a presumption of validity by Colorado counties.

The Reform Institute, a non-partisan public policy organization, today released a checklist to assist voters in casting their ballots. The checklist provides helpful tips for voters, especially those going to the polls for the first time, to facilitate a voting process free of complications....