Blogged by Brad from the road...

Of course, the dirty trickster Republicans, who are again attempting to put an undead initiative on the California ballot to re-apportion the state's Electoral Votes to split them up by Congressional District (instead of winner-take-all, as it has been for years, and is in almost every other state), would never resort to dirty tricks --- and fraud --- to get their initiative onto the ballot, would they?

Worse, they would never stoop as low as using the guise of support for children's cancer hospitals to achieve their goal, would they?

This posted yesterday by a UC Santa Barbara graduate student...

(Thanks to BRAD BLOG reader GM for the tip.)

Blogged by Brad from somewhere in Colorado...

From the Nashville Scene's coverage of Monday's night premiere of Uncounted: The New Math of American Elections...

And from an emailer who just sent us the following, after having received and watched his signed DVD version of the film, that we sent to him via our recent premium offer (sorry, we've got no more, it sold out very quickly!)...

If you've yet to get your own copy of the DVD, we strongly recommend it! You can do that, as well as watch the film's trailer, right here.

DISCLOSURE: Though we show up in this film a number of times, and the filmmaker, David Earnhardt, has purchased a banner ad here at The BRAD BLOG for the film, we make no money from sales of the film, or even click-throughs on the ad. We just think it's damned good and ought to be seen by everyone in America, so we're happy to point it out.

Congrats to David on the great reaction at the premiere! He reported to us after Monday's screening in Nashville that "The enthusiasm people had was over the top positive - people cheered several times during the film - like when Steve Heller printed the documents (a rousing cheer!)" What? No cheers for my appearances, David? Never mind. Don't buy this film!

We don't normally run full articles from elsewhere, but since I'm on the road with very limited time online, and since this item is so important right now and of note to so much that we've covered here over the years (take a look at our Special Coverage page on ACVR to get a taste), I'm making an exception and taking the liberty.

The following is from Josh Marshall at TPM, and was originally published here yesterday. Click through the links below for much more detail!...

By Brad Friedman from Richfield, Utah...

If there's a more ineffective federal agency than the U.S. Election Assistance Commission (EAC), we're unaware of it.

The EAC was created in 2002 by the Help America Vote Act (HAVA), in large part to oversee federal certification and maintenance of e-voting systems for the entire country. One of their key mandates was to be a "clearinghouse" for information concerning such systems. Though they have been twice reprimanded by the non-partisan Government Accountability Office (GAO) for their failure to set up such a clearinghouse of information concerning known problems with voting systems, another news report over the weekend confirms that they are more determined than ever to avoid any such responsibility.

Incredible comments given by EAC spokesperson Jeannie Layson and EAC Chairwoman Donnetta Davidson to the Daytona Beach News-Journal underscore the agency's hellbent efforts to avoid any and all responsibility for alerting election officials to known failures of electronic voting systems made by private corporations such as Diebold, ES&S, Sequoia, and others.

The BRAD BLOG has chronicled the short, but storied, history of the EAC's failures, compromised nature, and unwillingness to do their job over the years, but the latest comments --- and subsequent lack of action --- as reported yesterday by M.C. Moewe in the News-Journal are nothing short of astonishing...

Voter turnout was light in many parts of the country yesterday. Ironically enough, that's the good news.

Alternet ran a preview of voter suppression issues of concern in yesterday's elections across the country. Sure enough, the author, Steve Rosenfeld, wrote in during the early evening to let us know there were problems concerning Photo ID issues popping up in pockets around the country, and that he'd have more soon. Our own Alan Breslauer touched base as well with several reports he'd been getting from around the country.

John Gideon's "Daily Voting News" yesterday pointed to some of those issues that had been reported in the media as of yesterday afternoon around the country. GOP voter suppression, through specious claims of Democratic "voter fraud" and the invented "need," therefore, for disenfranchising photo ID laws and challenges at the polls, is at the top of the Republican strategy for '08. Naturally, it was taken out for a test spin yesterday.

(Speaking of spin, don't miss wingnut Mychal Massie's despicable retread diatribe --- including the mandatory quotes from GOP "voter fraud" fraudster, John Fund, who wrote the book on it, literally --- in the wingnut WorldNetDaily. His tragically misguided piece, headlined "Vote fraud: Democrats' meal ticket" gives you just about all you need to know. Read it once, save yourself a thousand or so near-identical reads between now and November 2008. But we digress...)

The other major prong of voter disenfranchisment is, of course, the machine issue. Problems in that area, in particular, tend to reveal themselves in the days after elections. Early on election day such problems are frequently downplayed in the media, who tend to turn to Election Officials for information despite the inherent conflict of interest such officials have in hoping to portray their elections as "successful."

In the early hours, then, hints of such breakdowns are reported as little more than computer "glitches" "hiccups" "snafus" and "snags" (though "kinks" makes it debut today, see below) until later on, when the true extent of the voting system failures --- and that's what they are, not "kinks" --- become known.

With that in mind, here are just a few of those e-voting glitches, hiccups, snafus, snags, and yes, kinks, from around the country so far yesterday, as culled from Gideon's DVN last night...

A good report from a couple of days ago from the I-Team in Cleveland, Ohio. Unfortunately, they tend to run such reports just before Election Days, when it's too damned late to do a damn thing about it.

Nonetheless, some very good stuff here. Of particular note are the points from Diebold's recommendations which "appear to border on the absurd," that should voting machine memory cards be lost, "elections must be re-scheduled." Or if they fail, as our recent story concerning Diebold's admissions about memory card failures in Florida pointed towards, the company says "all voters will have to be called in to re-vote."

Heckuva voting system guys. Check out the report, above right.

NOTE: Discussion of suing Diebold comes up in this piece yet again. Along with the same concerns, as heard elsewhere, about "the Catch-22" of suing voting machine vendors. Namely, counties are afraid to sue the company they rely on to run their next election! The counties and the vendors are "joined at the hip," as the I-Team report points out. Call it a soft form of extortion, really.

If you haven't already, please sign VoterAction's petition calling on Congress to "conduct a full investigation into the dangers associated with the privatization of our public elections and to determine whether certain US voting systems companies have committed crimes under federal and state anti-fraud laws."

For an early look at concerns, largely of voter-suppression issues, around the country, Alternet has a very good state-by-state preview this morning.

Guest Blogged by Alan Breslauer

The NY Times calls for the firing of John Tanner, the chief of the Justice Department's Civil Rights voting section, because of the “offensive” and “bigoted” comments originally captured and reported by The BRAD BLOG:

Also see The BRAD BLOG's extensive coverage on Hans von Spakovsky.

Tanner has come under a great deal of fire, since, our original report of his assertions that while it was "a shame" that elderly voters were likely disenfranchised by his approval --- on behalf of the DoJ, and against the advice of his staff --- of a Georgia Photo ID poll restriction, minorities were somehow better served by it. His objectionable, and now-discredited, argument: "Minorities don't become elderly the way white people do. They die first."

Among those who have previously called for Tanner's firing in some fashion: Sen. Barack Obama, Rep. Jerrold Nadler, Sen. Ted Kennedy, along with many other officials and organizations.

Several weeks ago we excoriated Rep. Duncan Hunter (R-CA) for his unsubstantiated claim, made during a recent Republican Presidential Debate, that "We have right now a real danger of people that are illegally in the country being rounded up, herded into the polls, we've seen that in California, voting illegally."

Multiple attempts to contact both his presidential campaign and congressional office for specifics on the allegations he was making went unanswered. So we best-guessed, and detailed, what we believed he was likely referring to, along with our final conclusion that, barring any information to the contrary from him, he and his claims were "entirely full of shit."

But fair's fair, and we're happy to recognize the odd moments when Hunter says or does something that isn't "entirely full of shit," especially when it has to do with paper ballots.

In this case, his response to our pal Jake Soboroff, who caught up with him in Iowa to interview him for the Why Tuesday? "Candidate Challenge" concerning election reform issues, is --- of the candidates Soboroff has gotten on tape so far (more on that below) --- the only one to directly point out the need for paper ballots in American elections...

Sure, the reporter at TIME magazine gets much of the terminology wrong (hey, he works for TIME, he doesn't have the kind of resources we do here at The BRAD BLOG to get things right when we report them, so we'll cut him some slack), but as a national writer friend of ours commented in a late-night email last night, "DREs are now junk, officially, in mainstream publications such as Time.com"

Well, it's about damned time.

Reporting on the new Nelson-Whitehouse Election Reform bill, which we covered late last week, and which would ban Direct Recording Electronic (DRE, usually touch-screen) voting systems by 2012, TIME declares that the reversal, since 2000, away from such unverifiable, unauditable, unsecurable voting machines "couldn't be more stunning," adding that the bill is "the clearest sign yet of the stampede away from touch-screen."

The report also quotes Sen. Bill Nelson (D-FL) mirroring his comments when he released the legislation with co-sponsor Sen. Sheldon Whitehouse (D-RI) as saying "Voters have to feel confident that their ballot will count as intended." Last week he had said, in his statement, that DREs are "unreliable and vulnerable to error," and that "[t]he bottom line is we have to ensure every vote is counted – and, counted properly."

To which occasional BRAD BLOG Guest Blogger, Emily Levy of VelvetRevolution.us, asked Nelson rhetorically in comments here, if that's true, "as declared in your November 1 statement, why would you be willing to wait until 2012 for DREs to be banned?...I mean, isn't there a somewhat important election coming up in, oh, let's say, 2008?"

Good point, Em!

The TIME piece also quotes Dan McCrea, of the Florida Voters Coalition borrowing one of our own oft-used metaphors (which we are quite happy to donate to the cause!) in regard to those who fear banning DREs would be a huge waste of their previous investment in the shitty machines.

McCrea tells TIME that such thinking is similar to "buying a fleet of Pintos whose gas tanks you later find out blow up on you, but insisting you're going to keep using them because you spent all that money on them."

Thanks for getting that into TIME, Dan! Smartly done!

He also points out, for those who claim there is not enough time to switch away from dangerous DREs to paper ballots before the November 2008 Presidential Election, "New Mexico voted to convert back to a paper ballot system in the spring of 2006 and had it ready by last November's elections."

Thanks again, Dan. Now if we can just get those Democrats and Election Integrity folks who continue to negotiate with themselves by watering down their own bills, and putting off reform for years down the road --- in order to garner support from folks who are going to oppose them on such bills no matter what --- to start realizing that, and calling instead for real reform NOW, we might actually be in business!

-- By Brad Friedman

After months of being told over and over by Rep. Rush Holt's (D-NJ) office, People for the American Way (PFAW), and many of the other most ardent supporters of Holt's flawed Election Reform Bill (HR811) that "there is no support in Congress for a ban on DREs," it looks like they must have been wrong. Sen. Bill Nelson (D-FL) and co-sponsor Sheldon Whitehouse (D-RI) filed such a bill today.

Here's the complete bill [PDF] which we've yet to read in full. But note this item from page 41, Line 7:

A ban on such machines, finally? Yes! By 2012? Unfortunately, yes. But let's overlook that last point for a moment.

In a statement issued by Nelson today, pointing out that DRE (often referred to as "touch-screen") voting systems are "unreliable and vulnerable to error," the senator says, "The bottom line is we have to ensure every vote is counted – and, counted properly...Citizens must have confidence in the integrity of their elections.”

The new language banning DREs was added today to a previous version of the same bill which Nelson had introduced originally in early Summer. This version "would be the first [bill] to seek a ban on electronic touch-screen voting machines in federal elections nationwide," according to his statement, which adds that the language was updated after a recent meeting with Florida's Republican Secretary of State Kurt Browning, once an ardent support of DRE voting systems.

When Nelson's original version of the legislation was introduced some months ago, it was largely a "clone version" of Holt's original HR811 introduced in the House, but with a number of extra provisions addressing concerns of voter intimidation and suppression.

Little attention had been given to Nelson's bill at the time, since the Rules Committee was regarded as having jurisdiction for any Election Reform bills in the Senate, and the committee chair, Sen. Diane Feinstein (D-CA), had made clear she intended to introduce her own version of Election Reform as the Senate counterpart to Holt's. She eventually introduced S. 1487, which has been subsequently criticized by Election Integrity advocates as being even more flawed then Holt's much-criticized bill.

(FULL DISCLOSURE: We were invited to work on the Holt bill prior to its introduction, and succeeded in adding several much-improved provisions. Yet the bill, as currently written --- and far more so since being drastically watered down throughout the committee process --- has failed to garner our support.)

DREs: "Not a Reasonable Voting System"

Neither Feinstein's nor Holt's bill had called for a ban on DRE voting systems, however, despite an outcry among Election Integrity advocates and a host of computer scientists and security experts who argued that DREs were vulnerable to hacking, non-transparent, prone to error, antithetical to democracy, and thus simply could not be used safely in elections. With or without a so-called "Voter Verified Paper Audit Trail" (VVPAT) printer attached.

Johns Hopkins computer professor Avi Rubin testified earlier this year that "after four years of studying the issue, I now believe that a DRE with a VVPAT is not a reasonable voting system."

Stanford professor and VerifiedVoting.org founder David Dill, arguing in favor of the Holt bill, admitted, "I would personally prefer to see optical scan machines used nationwide."

And former legislative director of VoteTrustUSA.org Warren Stewart, now also of VerifiedVoting, had told a Senate panel earlier this year that while there were disagreements among some in the EI movement, most had agreed that touch-screen systems must not not be used. "While this broad based movement embraces a wide range of proposals and positions," he testified, "it is unified in the conclusion that the direct electronic recording of votes to computer memory is inimical to democracy."

And yet, all three of the above advocates, along with many others, continued to argue --- while failing to offer any actual evidence for the claim --- that there was simply no support for the idea of a DRE ban in either house of the U.S. Congress.

All the while, The BRAD BLOG had maintained that they, and the other Holt supporters, had fallen victim to a hoax by People for the American Way (PFAW). The popular public advocacy group had long pushed the unsupported notion that there was no congressional support for such a ban, in order to see the bill passed specifically without such a ban. It was one of several false notions being forwarded by the group in favor of the bill, as we argued both here and at Alernet early in the year.

A careful examination of PFAW's on-the-record statements, and numerous on and off-the-record conversations with their Executive Director and legislative leaders by The BRAD BLOG over many months, revealed that PFAW (almost inexplicably) has actually been advocating in favor of the use of dangerous DRE voting systems in American elections. It's fair to say that Holt's bill had thus been held hostage to ensure that such systems would not be banned.

But then came the fallout from the failed 13th Congressional District election last November in Nelson's home state, followed by California Sec. of State Debra Bowen's landmark scientific findings, Rep. Susan Davis's (D-CA) amendment this past summer, and a killer editorial from the New York Times as the tide began to slowly turn...

During yesterday morning's contentious hearings in the House Judiciary subcommittee, featuring DoJ Voting Chief, John "Minorities Die First" Tanner, a staffer in that division who we've come to know contacted The BRAD BLOG to say "Tanner is lying through his teeth."

We asked the staffer --- who has requested to remain "anonymous" for obvious reasons --- to elucidate with details, which are now posted in full below...

The letter continues below...

Wow. Snap. Washington Post covered yesterday's House Judiciary subcommittee hearings in two separate articles today and via one hell of an online video to boot.

Dana Milbank covered on page 2, opening with "John Tanner is one sorry man." Dan Eggen covered the "political uproar" that we kicked off here at The BRAD BLOG several weeks ago, on page 4.

But it's Milbank's online "video sketch" that cuts to the bone, offering the best first-hand encapsulated coverage of the hearings we've seen to date (far better, even, than the PBS News Hour's version last night).

Consider the following montage a "Must See!" And one that almost makes one begin to feel sorry for John "Minorities Die First" Tanner...

...We said "almost." But not by much. A reply to Tanner's testimony yesterday --- from an insider still forced to work under him at the DoJ's Civil Rights Division Voting Section --- to come shortly.

In the meantime, if you've yet to see the full smack-downs that Tanner received yesterday at the hands of Reps. Artur Davis (D-AL) and then Keith Ellison (D-MN), the videos of both of those brutal Q&As are posted in full below, and are similarly "Must Sees!"...

We're up before the West Coast dawn this morning to monitor the hearings in the U.S. House Judiciary's Subcommittee on the Constitution, Civil Rights, and Civil Liberties featuring John "Minorities Die First" Tanner. His recent objectionable comments were originally video-taped and reported by The BRAD BLOG several weeks ago.

The most objectionable of those comments including his contention that it was a "shame" that elderly voters might be disenfranchised by a 2005 Georgia Photo ID poll restriction that he approved on behalf of DoJ and against the advice of four out of five of his career staffers, minorities would somehow benefit from it. His twisted reasoning was that "because our society is such that minorities don't become elderly. The way white people do. They die first."

Tanner, incredibly, is still the Chief of the Voting Section in the DoJ's Civil Rights Division.

It's being carried live and webcast on C-Span 3, as well as via the Judiciary Committee's own webcast.

Major points in our story so far...

• 10/8/07: BRAD BLOG video exclusive of objectionable comments made on 10/5/07 (thereafter picked up far and wide in the media).
• 10/9/07: Tanner's former colleagues say comments "false", "ludicrous", "cherry-picked".
• 10/12/07: Conyers pissed off about comments, and Tanner's earlier whitewashed "investigation" of Ohio 2004 election.
• 10/19/07: Obama writes Acting AG to demand Tanner be fired.
• 10/19/07: DoJ defends Tanner to AP. Says comments "grossly misconstrued".
• 10:24/07: Rep. Nadler says "obviously, he should be fired"
• 10:26/07: Kennedy writes Mukasey, asking if he'll review Tanner's record to consider firing if he's confirmed.
• 10/29/07: DNC calls for "immediate firing" of Tanner.
• 10/29/07: Tanner apologizes (sort of) for comments.

Beyond that, Progress Report has an excellent round up of Tanner's "Erosion of Voter Rights" during his tenure.

The hearings have now ended, but our notes from our Live-Blogging of today's hearings are below, along with video clips of the key, and most pointed exchanges...

In advance of tomorrow morning's House Judiciary Committee hearing to feature testimony by DoJ Civil Rights Division Voting Section chief John "Minorities Die First" Tanner, DNC Chair Howard Dean and Donna Brazile of the DNC Voting Rights Institute have issued a statement calling for Tanner to be "immediately fired."

"In their latest scheme, the Republican Administration has manipulated the mission of the Department of Justice, firing US Attorneys who were unwilling to pursue phony 'voter fraud' cases, and politicized the Civil Rights Division," the statement (posted in full at the end of this article) reads.

The release goes on to decry the politicization of the Bush Department of Justice, and what is described as their "outright assault" on the right to vote.

"Tanner's outrageous comments underscore the GOP's utter disregard for the integrity of our nation's election system and are an affront to the spirit of the Voting Rights Act," Dean and Brazile said, before declaring that the embattled Voting Rights Section chief "should be fired immediately and replaced with someone who will work to make sure that all citizens are able to vote and have their vote counted."

They call on Judge Michael Mukasey, if he is confirmed as the next Attorney General, to "commit to replacing Tanner with someone who will protect our rights, not ignore them for a partisan agenda."

As The BRAD BLOG recently reported, however, Mukasey made clear in his recent Senate Confirmation hearings that he does not object to restrictive polling place Photo ID laws which critics contend may disenfranchise anywhere from 10 to 30 million largely Democratic-leaning voters who do not have such ID.

Previously, Senator Barack Obama (D-IL) and Rep. Jerrold Nadler (D-NY) have called for Tanner's firing. Senator Ted Kennedy (D-MA) wrote Mukasey last week to ask if he will review the matter and consider the termination of Tanner.
Tanner's objectionable comments were made several weeks ago during a panel discussion on Photo ID issues at the National Latino Congreso in Los Angeles. Tanner, who approved a controversial Georgia Photo ID law on behalf of the DoJ against the advice of the majority of the career staffers in the Voting Rights section, admitted the law would disenfranchise some elderly voters and added that while that was a "shame," minorities would somehow be positively affected by such laws since "they don't become elderly. They die first."

(A short clip of Tanner's comments is posted at left.)

The Georgia ID law was later found unconstitutional and overturned by two federal courts that compared the restriction to a modern-day Jim Crow-era poll tax.

Paul Kiel at TPM Muck has a few more thoughts in advance of tomorrow's Judiciary Committee hearings.

Though Tanner comments were originally video-taped and reported by The BRAD BLOG, the DNC press release credits Fox News.com (thanks guys!).

UPDATE: Tanner apologizes for remarks! Sort of...

The complete DNC statement from Howard Dean and Donna Brazile as just issued, follows below...

NOTE: THIS PREMIUM OFFER HAS NOW ENDED. THANKS TO THOSE WHO CONTRIBUTED! WATCH FOR MORE IN THE NEAR FUTURE!

One of the finest and most uplifting (yes, uplifting) Election Integrity documentaries that I've seen to date is about to be released. It's Uncounted: The New Math of American Elections by Nashville filmmaker David Earnhardt, and he's been kind enough to offer The BRAD BLOG a number of signed copies of the DVD as premiums, for $50 donations or more, to help support our efforts here.

(DISCLOSURE: Yes, I was interviewed for and appear a number of times in this film, but we recommend you watch it anyway!)

Earnhardt began the project in early 2005 at the Nashville Election Reform Summit, and has been trekking the country every since to highlight the story of the 2004 disaster, the 2006 meltdown, and --- far more importantly --- what is happening, and what can be done to protect our democracy in 2008.

"This is not about the past. It's not about '04, or even 2006, it's about 2008," Earnhardt told me today. "The film is meant as a major call to action." And on that level, in every version that I've been able to see (a very early version was released as Eternal Vigilance prior to the '06 Election), the film does exactly that. I believe you will want to stand up and cheer at the end of this thing...before getting to work and taking action.
Check out the two minute trailer at left to get a taste!

Uncounted is an absolute must see for anyone interested in saving American democracy and, I might add, a perfect film for use at screenings, fundraisers, and house parties to get folks fired up and hitting the streets before 2008.

The film features segments on and original interviews with citizen heroes of all sorts, including election whistleblowers Stephen Heller and Clint Curtis, Election Reformer champions such as the heroic Emery County, Utah, (and now former) Registrar of Voters, Bruce Funk, Rep. John Conyers, and many many more of the patriots taking action in the EI movement.

If you'd like your own copy of the DVD, signed by Earnhardt (it officially goes on sale the second week of November), please click to donate $50 or more to The BRAD BLOG online or sign up for a monthly subscription of $20 or more via the blue form on the right side of this page.

You may also or send a donation via snail mail. Just include "UNCOUNTED" on the check or on a note sent with it to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028.

SPECIAL SPECIAL OFFER!: I will be sending a signed copy of Lloyd Dangle's hilarious new TroubleTown toon collection, TroubleTown Told Ya So, out to monthly BRAD BLOG subscribers of $20 or more shortly, as a thank you gift. So sign up for a subscription now and consider it a twofer as long as I have enough copies to send!!

As ever, your support is greatly appreciated, and the only thing that allows us to pay the rent, have a sandwich each day, and keep the work we do here going...and going...and going...