This afternoon, Day 5 of the U.S. Senate election contest between former Sen. Norm Coleman (R) and apparent winner of the '08 election Al Franken (D), Coleman offered another reason, just in case you needed one, to oppose his return to the Senate:

While we're in favor of "young people," and as many other legal voters who wish to vote, actually getting to cast their votes and have them accurately counted, if you like our currently unreliable electronic vote counting systems, which employ untested, unsecured, hackable garbage, then you'll love seeing that system opened up to the Internet!

All that said, however, where Coleman's case began on Monday as little more than a comedy of one error after another, as we explained in some detail earlier this week, over Days 4 (yesterday) and 5 (today), his legal team seems to have found a bit of footing, even if they've had to counter most of their own legal arguments that they'd made previously to keep ballots from being counted during the post-election hand-counting of ballots.

At the end of that process, Franken was found, by the state canvassing board, to have defeated Coleman by 225 votes, out of 2.9 million cast, even though Coleman was slightly ahead in the vote count during most of that time, and thus, argued adamantly against including as many previously rejected absentee ballots as he could.

But that was then, when he thought he was winning, and this is now, when he seems to be losing...

President-elect Barack Obama said today that there is "no pride of authorship" on his economic stimulus package. For good or bad, in regard to that particular initiative, this seems to me what a President should sound like. Let's hope he means it, and that this m.o. extends to all aspects of his Presidency. (appx 3 mins)...

As I've recently been consulted by Obama's team overseeing transition review of the U.S. Election Assistance Commission (EAC), and have offered what I believe to be some good ideas about serious reform for the so-far dreadfully-failed commission, I'll hope he means what he says in the above about accepting such ideas and putting them into practice. We shall see, but the words said above sound very good to my ears.

...For Coleman.

Imagine the round-the-clock phony "outrage" from the Public-air Propagandists (Fund, Limbaugh, Hannity, etc.) you'd be hearing about "felons voting in the MN Senate race!" had the felon voted for Franken. Such as it is, however, he voted for Coleman, so it doesn't actually "matter".

But now that we're here, can we finally do away with these stupid restrictions on felons voting? Especially if they're out of jail, as this one was. He was on supervised release, after being convicted and imprisoned in 2004, when he was 20, for having sexual contact with a 15-year-old girl.

On Election Day, he had left a voice message for his supervisory agent that he was going out to vote, only to come home later to find out from the agent that he had broken the law. He has since pleaded guilty to illegally voting.

"I was just excited that the presidential election was coming up and I would be able to vote," he said. "I had never voted in my life. ... I really wasn't aware that I couldn't vote."

Why should felons --- often more directly affected than most by government laws, good ones or bad ones --- be disallowed from having a voice in the government that makes those laws? Particularly after they've served their time in jail?

I realize that may not be a "politically correct" point of view in many quarters. But I don't care. If you're out of jail, of voting age, able to participate in society, and are bound to the laws of that society, you ought to be able to excercise your voice in that society by being able to cast a vote in a democratically-held election. Period.

I realize that felons, even after release, may have other rights taken from them, but voting doesn't seem as if it should be one of them. If you have an argument to the contrary, of course, I'd certainly be interested in hearing what it is

-- Brad Friedman, The BRAD BLOG

The state canvassing board in Minnesota has now certified Al Franken (D) as the winner over incumbent Sen. Norm Coleman (R) in the race for the U.S. Senate. Barring a successful legal challenge, which has now been filed by Coleman, Franken will have won the seat by an astoundingly close 225 votes, out of some 2.9 million cast.

But there's still a chance, albeit a slim one, for Coleman to reverse his fate. A very good provision in MN's law --- not found in most other states --- may delay Franken's seating, meaning he will not be sworn in with rest of Congress at the beginning of the new session slated to start tomorrow. Ultimately, however, the provisions should ensure that whoever is eventually sworn in to serve as the state's Senator will not be forced to serve under a cloud.

The voters of MN deserve that much, no matter how long it takes, and thankfully, like its hand-count laws, the state's provision requiring the completion of legal challenges before final certification is sent to Congress by the Sec. of State, is a model for the nation.

Would that all of the other states in the union had such a provision...

Guest Blogged by John Gideon and Ellen Theisen, VotersUnite.Org

There can be little doubt that, of the issues springing from elections held since George W. Bush signed the Help America Vote Act (HAVA) of 2002, two are among the most significant. Those issues are failures of voting systems to meet the HAVA mandates for accuracy and accessibility and the confusion over the proper use of provisional ballots.

The states should have been able to look to the federal Election Assistance Commission (EAC) for guidance on both issues, but the EAC has failed to give the necessary Assistance, thus failing to fulfill duties assigned to the agency by federal law.

Now the EAC is proposing to extend its dereliction of duty for another two years. The result will be the publication of these important guidelines a full eight years after HAVA was enacted. The delay is inexcusable and intolerable, and the cost to American elections, on many fronts, is nearly incalculable...

[UPDATED at end of article with today's (Friday's) latest numbers.]

As thousands of challenged ballots from both Sen. Norm Coleman (R) and challenger Al Franken (D) are being decided by the bi-partisan state canvassing board in the U.S. Senate race in MN, AP says it's currently a 2 vote race, out of 2.9 million ballots cast, in favor of Franken.

That said, as all of the challenged ballots are finally counted over the next several days (and weeks), the lead could go back and forth a bit each night. The Star-Tribune, which puts today's margin at 5 votes in favor of Coleman, currently projects that Franken will ultimately win by 89 votes...

These are some of the folks whose votes that democracy-hating Sen. Norm Coleman (R-MN) is going to the state Supreme Court to keep from being counted in the U.S. Senate race in Minnesota...

The video, produced by challenger Al Franken's campaign, was described by the Coleman camp as "a new low." As Republicanists tend to project just about everything they do on others, we'd suggest that there may be "a new low" here, but in this case, it ain't coming from the Franken camp.

As we reported on Friday, the state canvassing board --- made up of Republicans (two are MN Supreme Court judges), Democrats, and Independents --- ruled unanimously in favor of counting the 1,600 or so absentee ballots which were improperly rejected by election officials and not counted originally in the state's razor-close U.S. Senate race.

Hopefully those ballots now will be counted, unless Coleman has his way in the Supreme Court where he hopes to get an order to stop the counting of legal ballots cast by folks like those seen in the video above. Nice.

CORRECTION: The original version of this article referred to 16,000 rather than 1,600 improperly rejected absentee ballots. The BRAD BLOG regrets the error.

Following up on the latest monumental failure by Diebold/Premier --- whose voting system was recently found by a citizens' transparency project to have lost hundreds of ballots in a single precinct in Humboldt County, CA --- Wired's Kim Zetter covered the issue earlier this week.

Her article touched on a number of technical issues involved in the failure of the Diebold GEMS central tabulator which, though we hadn't noted them in our own coverage, are nonetheless important, even if somewhat down in the weeds, and perhaps most of note to technical election integrity geeks only.

As quoted below in some detail from Zetter's report, she advances the story by noting:

• The problem, which Diebold admits has been in its system for years, likely wouldn't have been noticed at all were it not for the unique, experimental, citizen-led "Humboldt Transparency Project." Even CA's required 1% random post-election "audit" wouldn't have uncovered the problem, since absentee ballots are not included in that audit.
• The chances of the problem occurring, which resulted in ballots being deleted without notice by the Diebold GEMS tabulator, are rather high, even if chances of discovery of the error by election officials are very low.
• Diebold's explanation for the failure may or may not be legitimate.
• The GEMS internal "audit logs" (the GEMS system was used in 34 states around the nation last November) aren't actually audit logs at all, and may not actually note the complete set of events which occurred on the voting system, even if anyone is allowed to review those logs in the first place.

Let's take a look at the details...

By John Gideon and Brad Friedman

"Some people have called those who have long decried our nation's move toward voting machines nuts or just sore losers," reads the editorial from yesterday's Eureka Times-Standard.

"They were loud, and they were strident in proclaiming that they didn't trust election technologies as much as they trust the ability of actual human beings to count votes," the paper continues in response to the citizen's "Transparency Project" in Humboldt County, CA which, as The BRAD BLOG reported last week, discovered some 200 ballots that the county's Diebold optical-scan system had deleted from the initially certified count. Humboldt registrar Carolyn Crnich --- who deserves much credit for working with local election integrity advocates to allow them to create a more transparent, open-source optical-scan system as a check on the buggy Diebold hardware and software --- was forced to to re-certify the November 4th election with new results after the findings.

"The recent discovery, thanks to the Humboldt County Election Transparency Project, of a discrepancy in election results due to flawed software reveals that these activists were right to make noise, and right to complain about a company that has been less than responsible in dealing with the problem."

Thanks for noticing, Times-Standard. Now will the rest of the country notice? Specifically, will the U.S. Election Assistance Commission, responsible for testing and certifying these machines at the federal level, and the U.S. Dept. of Justice, responsible for enforcing federal laws --- which again seem to have been violated by Diebold (whose election division now calls themselves Premier) --- notice and take action?

Interviews with and responses from CA officials from Crnich to Sec. of State Debra Bowen's office indicate a serious problem, yet again, with Diebold's handling of the software failure which the company has known about for four years, even as they allowed election officials to continue using the same system in several states.

The BRAD BLOG has obtained a copy of Diebold's original terse, emailed notice of the software failure, sent to Crnich's predecessor in 2004, but never sent to CA's new Sec. of State, despite her "Top-to-Bottom Review" of all e-voting systems in the state which she undertook after taking office in 2007. (The Diebold email notice is posted below, in full.)

At the same time, local software programmer Mitch Trachtenberg, who developed the simple, transparent, open-source optical-scan software, using off-the-shelf hardware for the citizen's project --- including the ability to post all scanned ballots onto the web for citizen review --- may have inadvertently revealed the scam perpetuated by the nation's electronic voting machine vendor's who were allocated some $3.9 billion federal tax dollars for their efforts at creating proprietary systems, which don't even work as promised...or as required by federal law...

The Help America Vote Act of 2002 (HAVA) was signed into law in Oct. 2002. Amongst other things HAVA required the formation of the Election Assistance Commission (EAC) and provided some mandates, in Title III of the law, for federal elections including some standards for voting systems. Those standards include, but are not limited to, accessibility for voters with disabilities and accuracy in the vote count. Testing by experts in accessibility has shown that none of the Direct Recording Electronic (DRE, usually touch-screen) voting systems presently in use meet the requirements for accessibility for disabled voters. Failures in testing and vote counting in real elections have also proven that, at times, the voting systems presently being used across the country do not meet the federally mandated requirements for accuracy.

So what guidance has been provided by the EAC to the states with regards to Title III? Well, actually none. In fact even though voting systems presently in use do not meet federal law the EAC is just now getting around to issuing guidance to state and local election officials and, according to the draft of the plan ‘featured’ below, it is going to take another two years before the EAC can complete the guidance.

Why can’t they just tell the vendors and the states that the law is clear and, if they fail to follow that law, violations will be referred to the DoJ? The fact that the vendors misrepresent their products as being accessible is a clear violation of the law. It is time they are held responsible and it doesn’t take two years of studying Title III of HAVA to make that clear....

Here's your chance to offer helpful thoughts, advice and concerns to the federal commission tasked with overseeing U.S. election administration, testing and certification of voting machines and (theoretically) serving as a national "clearinghouse" for problems with such machines.

High-ranking sources within both the U.S. Election Assistance Commission (EAC) and Obama transition team have indicated to The BRAD BLOG that changes are likely afoot for the executive branch commission as the new administration begins to take control of it. Now is likely a very good moment for you to speak up to them about it.

From an EAC press release just issued today...

UPDATE at end of article.

Math/statistics/poll-wiz Nate Silver at FiveThirtyEight.com predicts the race between incumbent MN Sen. Norm Coleman (R) and challenger Al Franken (D) could result in a 27 vote win for Franken. That's right, just 27 votes.

With that in mind, every single vote matters, so it's of note that the Franken campaign is now wondering about some missing ballots in a number of counties. From Public Record's coverage last night:

That in mind, we'll take the opportunity to remind both parties in the recount of our earlier suggestion that they make public records requests (if they haven't already) for the invoices from printers of all of the original ballots, and then request that all ballots --- including unvoted ballots --- be counted as part of the final reconciliation of ballots. The number of voted, spoiled, and unvoted ballots should be exactly equal to the number of ballots shown as printed originally on those invoices. If not, there's a problem.

But while ballots have now turned up "missing," and absentees have been tossed from the hand count, the GOP seems to be preparing for a FL 2000 PR gambit to "win" at all costs...

We've got a few more notes/thoughts on a couple of related ballot issues that have bubbled up over the last few days as we've been driving across the country. Given the closeness of this race, these issues could ultimately end up deciding it one way or another, even as the GOP seems to be preparing a FL 2000 PR gambit to "win" at all costs, no matter the final outcome of the hand-count...

Guest blogged by Steve Heller of Velvet Revolution

The lead attorney for the plaintiffs in the civil RICO lawsuit King Lincoln v. Blackwell in Ohio has served a document hold request to Georgia Sec. of State Karen Handel in advance of the December 2nd run-off election between incumbent U.S. Senator Saxby Chambliss (R) and his opponent, Jim Martin (D).

Today's letter from attorney Cliff Arnebeck (posted in full at the end of this article) requests "any records of official investigation of the reported use of uncertified patches by Diebold in two Democratic Georgia counties in 2002, reported by former Diebold consultant Chris Hood."

It also requests "protocols, inspection and audit procedures that have been prescribed to protect against other introductions of uncertified patches into federal elections in Georgia."

And, in an effort to preempt any planned improprieties in the upcoming Georgia run-off election between incumbent Senator Saxby Chambliss (R) and his opponent, Jim Martin (D) --- particularly given the 2002 history of Diebold-run Senate elections featuring Chambliss --- Arnebeck also requests Handel's "confirmation that all … records for the runoff election will be retained for the federally prescribed 22 month period."

That last request, echoing a call for same made recently by The BRAD BLOG, comes at a moment when the stakes for the Georgia election could hardly be higher. The 22-month retention of memory cards and hard drives from electronic voting systems is frequently ignored by election officials, despite the federal statute requiring all materials from elections be securely stored for that full period. Unfortunately, memory cards and hard drives are routinely erased and re-used, despite the federal law.

In Georgia, that has been a peach of a problem for those concerned with election integrity...

Guest Blogged by John Gideon, VotersUnite.Org

A special hat-tip to citizen journalists K. Shawn Edgar and Shawn Waldow who produced and edited this piece and, of course, to the voters and staff of the Washington County, Oregon elections office.

Guest Blogged by Katherine Forrest of The Commonweal Institute

Why Georgia? There's strongly suggestive evidence that the 2002 senatorial election in Georgia was stolen. That was the first election in which Diebold DRE (Direct Recording Electronic, usually touch-screen) voting machines were used statewide. Republican Saxby Chambliss beat front runner Democrat Max Cleland, with an astounding 12-point reversal of the vote count compared to pre-election polls. A last-minute "patch" had been applied covertly by Diebold staff to multiple voting machines throughout the state.

Now the Senate race hangs in the balance in Georgia again...