Guest blogged by Ernest A. Canning
• UPDATED 2:59pm PT with additional reporting from Brad Friedman

With 100% of the precincts now reporting unofficial results, Assistant Attorney General JoAnne Kloppenburg leads Justice David Prosser by a remarkably thin 204 votes out of some 1.5 million ballots cast in the Wisconsin Supreme Court race --- according to the computers that count votes in the state.

The unofficial numbers at this hour, according to AP's spreadsheet of those computer results, give Kloppenburg 740,090 votes to Prosser's 739,886.

Despite Kloppenburg's tiny reported lead, the race is virtual dead heat in what might otherwise be a little-noticed state Supreme Court election. The race, however, has been turned into a proxy battle between supporters of the state's controversial new Republican Gov. Scott Walker (who Prosser has allied himself with) and union workers and their supporters who oppose Walker and the state GOP's attempt to legislate away the freedom of citizens to collectively bargain through public worker unions. Outside groups, according to NYU's Brennan Center for Justice, are said to have spent a record $3.5 million on so-called "issue ads" to support their favored candidate in the closing days of the election.

For proponents of Election Integrity, there is both good news and bad in the Badger State. The good news: most of the state's voters used verifiable hand-marked paper ballots to record their votes yesterday. The bad news: Those ballots are counted by easily-manipulated, oft-failed computers instead of human beings; 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting machines are used by some voters with disabilities across the state; and, given close results, even if a hand-count of paper ballots occurs, as is likely, the number of votes cast on unverifiable DREs could end up being larger than the final margin between the two candidates --- meaning that it will be, literally, impossible to know for certain who actually won the election...

Tony Pierce, filling in for Andrew Malcolm (columnist and Laura Bush's former press secretary) at Los Angeles Times' "Top of the Ticket" blog picks up (with attribution, gracias) on our scoop earlier this week about the 100% unverifiable, yet highly hackable Diebold touch-screen e-voting machines out of Van Wert County, Ohio, now for sale, on the cheap, at eBay...

Pierce offers more information in his piece on that landmark Princeton hack from September 2006 and the hackability of these systems in general.

Long time readers of The BRAD BLOG likely recall the Princeton hack came about when VelvetRevolution.us (as co-founded by The BRAD BLOG) gave the Diebold touch-screen system to computer scientists there for the --- at the time --- highly secretive, first-of-its-kind examination, after we'd received the machine from a source of ours. We originally broke the story of that hack exclusively both here at The BRAD BLOG and in a slightly shorter version at Salon.

The alarming hack --- which demonstrated how a virus could be inserted into one of these systems and invisibly flip the results of an entire election --- received a great deal of attention from the mainstream media at the time, and was even covered in a live video demonstration on Fox "News". (See that video at right.)

Though the Princeton hack was on a Diebold AccuVote TS (with no so-called "Voter Verifiable Paper Audit Trail" printer) versus the TSX model (with VVPAT) being sold now on eBay, the many ways available to game them in order to flip election results with very little possibility of detection are essentially the same...

Today on my Wednesday show on KPFK (L.A.'s Pacifica Radio affiliate) we covered - guess what?! --- the latest news on the Fukushima Daiichi nuclear disaster. Desi Doyen, my partner on the Green News Report, joins me for the latest.

Also, a very few minutes (never enough time on a 30 minute show --- have to figure out how to do these!) on Diebold's touch-screen machines now being sold for pennies on the dollar at eBay, just in time for 2012, and a bit on the latest Republican voter fraud criminal, potential 2012 Presidential contender Jon Huntsman, Jr. of Utah.

MP3 Download or listen online below [appx 28 mins]...

P.S. I should probably come up with a name for this show. Anybody have any good ideas?

P.P.S. It's no April Fools Joke! I'll be guest-hosting the nationally syndicated Mike Malloy Show again for a week starting this Friday, weeknights through next Friday (4/1 - 4/8). We'll be running our live chat rooms right here each night while the show is live from 6pm - 9pm PT (9pm - Mid ET), so please stop on by and say hey!. We'll also have links to live listening streams right here if you're not lucky enough to get Mike's show on the public airwaves where you live! Don't miss one thrilling episode!

Because practice makes perfect...

With 2012 just around the corner and these babies still in use at polling places all over the country, why not get one or more of them now for your very own?! With one of these future door stops, you too can learn all the ins and outs of "voting" before the pressure of Election Day, when that "vote" will really "count"!

Great for social clubs, like political parties, or even terrorist groups! Why wait? They're sure to disappear fast! Just like the 100% unverifiable "votes" cast on them!

Because they were made by Diebold, you know it comes from a company you "trust," whether you'd like to or not. And with bids starting as low as, well, anything you like, this tens-of-thousands-of-a-kind e-voting machine is sure to be a "steal"!

More from the Ebay ad (cached here for history's sake):

UPDATE: The seller tells The BRAD BLOG the systems, more than 100 of them, come from Van Wert County, Ohio! And from a state like Ohio, you know the machines work just as they are supposed to! Get yours now and become the life of the party!

UPDATE 3/31/11: Thanks to Tony Pierce, filling in for Andrew Malcom at the Los Angeles Times "Top of the Ticket" blog for picking up on this story, adding some helpful details to it (and for giving appropriate attribution in the bargain.)

After requiring Alaska's GOP U.S. Senate candidate Joe Miller to file his federal lawsuit by Monday (yesterday), the federal judge in the case has now dismissed it without even waiting for the reply from the state, which was ordered due by Wednesday (tomorrow).

From Anchorage Daily News as posted within the last hour...

Last night we published our detailed analysis of Joe Miller's federal complaint, in which he pointed out Constitutional questions about the way in which the Diebold optical-scan system was used to tally votes. We also pointed out what might have been a fatal flaw in his complaint. Whether Miller will appeal Beistline's decision remains to be seen.

Beistline's 14-page dismissal is here [PDF].

UPDATE 8:22pm PT: A few thoughts after reading Beistline's dismissal...

[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

[Update 12/22/10: Alaska Supreme Court decides against Joe Miller on all counts. Details here...]

Having paper ballots is one thing. Seeing them actually be counted, unfortunately, continues to be quite another matter.

For those of you who may not understand why it's not enough to merely have hand-marked paper ballots that are tallied only by oft-failed, easily-manipulated computers --- even if those paper ballots could be counted by human beings "in the event there are questions about the results", as supporters of such systems like to say --- need look no further than the extraordinary finding on Monday from New York's highest court, its Court of Appeals.

And, for that matter, what is likely to happen in Alaska very soon, where Republican Joe Miller continues to wait for a similar decision from that state's Supreme Court in his fight for a hand-count of all paper ballots in his still-uncertified U.S. Senate race against Republican write-in candidate Lisa Murkowski and Democratic candidate Scott McAdams...

Another big show tonight as I guest-host the nationally syndicated Mike Malloy Show this week. (Note: We're off tomorrow, but back on Friday!)

We'll be BradCasting again LIVE tonight from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Please join us by tuning in, chatting in, Tweeting in and calling in! The LIVE chat room will be up and rolling right here at The BRAD BLOG during the show as ever, so come on by while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

So far scheduled for tonight's show...

• ANDY WORTHINGTON, British journalist, historian and author of The Guantanamo Files: The Stories of the 759 Detainees in America's Illegal Prison on Obama's two different Americas in regard to national security
  issues and the trials of alleged terrorists held (forever?) at Gitmo.
• DEREK BRETT & SUSAN PYNCHON The attorney (Brett) and election integrity adovcate (Pynchon) from Florida Fair Election Coalition on a remarkable election contest [PDF] --- including serious evidence of both election fraud and Diebold op-scan mistabulation --- just filed in Osceola County, FL.
• PLUS: Tom DeLay found GUILTY today and much more to be thankful for from today's news, plus your calls at 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: Commercial free audio archives are below (and the chat room archive is below them.) Lots of interest stuff tonight, some great calls, and plenty to be thankful for...somehow...including my thanks to Mike and Kathy for allowing me to fill in. My favorite call tonight: Curtis in the third hour. Mike is back tomorrow with a Thanksgiving "Best Of" and then I'll be back again Friday night! See ya then! Happy holidays and enjoy the archives until then...

Via Huffington Post...

See HuffPo for more details on the ruling. Miller's campaign has issued a brief statement here.

And see The BRAD BLOG's detailed analysis from Wednesday explaining why, in our opinion, Miller would be wise to call for a full, transparent hand-count and reconciliation of all ballots cast in Alaska's U.S. Senate election.

Earlier this week AP called the election in favor of incumbent Republican write-in candidate Sen. Lisa Murkowski. But, as we described, there are a number of reasons --- including Alaska's recent history of impossible election results as reported by their flawed, oft-failed, easily-manipulated and non-transparent Diebold optical-scan system --- which suggest that Miller would be performing a service to the voters of Alaska and the rest of the country if he used his standing to insist on a full, public hand-count. By the way, Democratic candidate Scott McAdams would be performing a similar service if he used his standing to join Miller in that pursuit...

- Brad Friedman, The BRAD BLOG

After a week of hand-counting paper write-in ballots in Alaska's three-way U.S. Senate race between incumbent Sen. Lisa Murkowski (who ran as an independent write-in candidate), Republican candidate Joe Miller and Democratic candidate Scott McAdams, the Associate Press called the race this afternoon for Murkowski.

Trailing by some 10,000 votes behind Murkowski, however, and with several lawsuits concerning the tabulation of ballots still pending, Miller is suggesting it's likely that his campaign will call for a "hand count" of all of the ballots cast in the race, not just those in contention during the counting of write-in ballots over the last week.

Given Alaska's years-long record of often-inexplicable election results, going back at least as far as the 2004 Presidential Election (and the first election as Senator for Murkowski who had previously been named by her father to replace him in the U.S. Senate when he became Governor in 2002); the repeated failure and insecurity of the state's Diebold election system; and the AK Division of Elections' truly remarkable history of blocking citizen oversight of election results --- much of which has been documented at The BRAD BLOG since late 2005 --- a thorough reconciliation of results by the Miller team would be both appropriate and helpful for all future elections in the state (and even for other states, where similar nearly-impossible-to-oversee optical-scan ballot systems are similarly used.)

We have no particular dog in this race, as our coverage of issues of Election Integrity is, as always, non-partisan. Our only concern is for the voters, that they get to vote if they wish, that their votes are counted accurately if they do, and that the counts are performed transparently so that all citizens can know that the results are, indeed, accurate.

To that end, though we haven't consulted directly with any of the campaigns in the Alaska race, we have been following the tabulation closely since Election Day two weeks ago, and have been speaking with a number of sources in the state who have, we're told, been sharing various thoughts we've offered with both the McAdams and Miller campaigns. The advise we've offered --- as we would to anyone who asked, including Murkowski's campaign --- appears to have been taken to heart by the Miller team, at least if one of their lawsuits, and a number of their public statements given over the last week are any indication.

As mentioned, Alaska's history of election results that seem to defy mathematical explanation, along with (understating the problem here) less than transparent processes and a failure to make recommended changes to their election system and procedures, leads to a case where a full, manual, reconciliation of all ballots cast and counted --- as called for by the Miller camp, or any other --- would provide a valuable service to the state and all of its voters...

I'm prepping for tonight's Mike Malloy Show which I will be, once again, guest hosting this evening (9-Mid ET / 6-9p PT, with listen links and live chat right here at BradBlog.com later), but took a short break to chat with Shannyn Moore on Alaska's KUDO about the state of the state's elections right now as the Joe Miller and Lisa Murkowski campaign's duke it out in regard to counting (or not counting) write-in ballots from the U.S. Senate race.

As we discussed, there is, of course, every reason to be concerned about Alaska's horrible, error-prone Diebold system. Here's just one such reason that we discussed. As well, after Murkowski announced her write-in bid last August I wrote about how the race is likely to test the oft-failed system they use up there.

As predicted, the fight for oversight and reconciliation of the results is on right now, and the Miller camp has brought in one of the great Rightwing extremists, Floyd Brown (he of the Willie Horton ads, Obama "birtherism" and much more) to take the lead in the campaign's fight for oversight.

Where Brown is inappropriately suggesting "voter fraud" without evidence to back it up, he is exactly right in calling for the right for the campaign to be allowed to reconcile the poll rosters to determine if the lower-than-expected number of ballots so far tabulated are, indeed, accurate. To that, I'm more than happy to support his efforts or any other citizens who want to fight to try to ensure their elections are being counted accurately and transparently.

Shannyn and I discussed all of the above and more for about 30 mins or so. Here's that discussion:

Download MP3, or listen online below...

UPDATE 11/13/10: Jeanne "AKMuckraker" Devon has more on the developing sitch up there, all the strange bedfellows tucking themselves in, and this hilarious admission: "So, it is with a whiplash-addled heart that I commend…. (pauses for a shot of vodka)… that I say kudos to (mops brow)… that I agree with (deep breath)… Joe Miller."

UPDATE 11/17/10: Joe Miller now suggests his campaign may call for a complete 'hand count' of all ballots. A detailed analysis of Alaska's recent history of impossible election results and it's oft-failed Diebold tabulators suggest Miller would be performing a service to all voters with such a full, transparent reconciliation. Details now here...

No worries. The election officials in Stark County, OH say the Diebold touch-screen vote-flipping, as captured on iPhone video by voter and University of Akron freshman Ian Sanderson on Election Day last week, was just "an isolated incident"...

In 2007, Ohio's current Sec. of State Jennifer Brunner, a Democrat, commissioned the largest independent scientific review of electronic voting systems the nation has ever seen. That report, known as EVEREST, resulted in her recommendation that use of all touch-screen voting systems be discontinued in every county in the state. Nonetheless, election officials in counties like Stark have so much contempt for voters that they persist in forcing them to use these 100% unverifiable, oft-failed, easily-manipulated systems a full three years later.

Last Tuesday, the Buckeye State reportedly elected Republicans once more to the offices of both Governor and Secretary of State. Should be another fun Presidential Election there in 2012, eh? Unless, of course, the Republicans were serious about the concerns they expressed, largely for the very first time this year, about e-voting systems like the one seen flipping votes above.

Prior to Election Day we saw reports in Texas, in Nevada and in North Carolina of Republican votes flipping to Democrats or other candidates during the early voting period. The NC GOP claimed to be so outraged by the reports that they filed (and won) a lawsuit suit after one of their attorneys even went so far as to suggest "the touch screen systems should be been banned."

Even the Republican Party's Fox "News" managed to run a story on problems with e-voting systems without even mentioning the phony "voter fraud" canard once!

Well, good news for Republicans! As of January, they will be the majority party in the U.S. House of Representatives! If they really want to ban unverifiable touch-screen voting systems like the ones that failed this year in NC, TX, NV, OH and elsewhere, they've got their big chance! Democrats failed to do so over the last four years, so we'll be looking forward to the Republican legislation calling for exactly that come January, right?

Video coverage of the incident from Akron's ABC affiliate WEWS 5 follows below...

Well, it's a good thing last Tuesday wasn't a Presidential Election with really huge crowds of voters in Utah County, UT. As polls opened at 7am, digitally encoded cards used by voters to begin the voting process on the state's oft-failed, easily-manipulated, 100% unverifiable Diebold AccuVote touch-screen voting systems didn't work at all 110 polling locations across the county. A programming error was blamed.

Voters were forced to wait in line for up to an hour while technicians struggled to figure out how to correct the failure. Many voters simply gave up, walking away and becoming disenfranchised in the bargain when they couldn't hang around to wait that long to vote on a work day. As usual, the wide-spread failure (county-wide, in this case) was marginalized by the media as little more than a "glitch". Of course, had the county used paper ballots, nobody would have been disenfranchised, or had to wait on line for an hour to cast their vote. Voters across the entire state are now forced to vote on the Diebold touch-screen systems on Election Day.

Separately, and to make matters worse, the Vote.Utah.gov website for looking up voter polling locations crashed, multiple times, throughout the day. Here's Tuesday's report on those "glitches" from KSL TV 5:

It was also in Utah County were, as we reported a week before Election Day, the easily-manipulated Diebold voting machines had been found left unattended in the lobby of an office building.

From Utah's Daily Herald today...

What could possibly go wrong?!

Well, nothing, according to Scott Hogenson, the either clueless or misleading (or both) Utah County chief deputy clerk-auditor...

[The AK Supreme Court has put a stay on the Superior Court Judge's order. For now. See important update at bottom of article.]

As we've been suggesting in our two previous articles on the issue, the Alaska Division of Election's unprecedented move to supply printed lists of write-in candidates to polling places, purportedly to "assist" voters seeking help, violates state election procedures.

A judge today ruled in favor of the Alaska Democratic Party (ADP), as well as the state Republicans who joined the suit, by issuing a temporary restraining order finding the DoE's practice a "clear violation of Alaska administrative regulation."

We covered the issue over the weekend when it first came up, as letters went back and forth between the ADP, who charged the procedure amounted to "electioneering" inside the polling place, and the DoE, who claimed they were required by state and federal law to provide such assistance to voters.

We covered it again last night, when the DoE responded to our public records request for previous lists of printed write-in candidates by denying the request, since, as DoE Director Gail Fenumiai wrote, "The requested records do not exist."

State Superior Court Judge Frank Pfiffner agreed that the state's argument "rings hollow", noting, "If it were important 'assistance' for the division to provide voters with lists of write-in candidates, then the division has been asleep at the switch for the past 50 years. The division first developed the need for a write-in candidate list 12 days ago."

The ruling comes as a blow to incumbent Republican Sen. Lisa Murkowski, who tossed her hat into the ring as a write-in candidate after her primary loss to the GOP's Joe Miller. Along with Democratic nominee Scott McAdams, a fierce three-way battle has ensued for the open U.S. Senate seat from Alaska. Although it's unclear what leg they have to stand on, the state has said they will appeal Pfiffner's decision ordering the immediate removal of the printed list of "certified" write-in candidates from polling places across the state. The judge also ruled that pollworkers may not mention Murkowski's, or any write-in candidate's name, to voters.

As reported by Erika Bolstad in today's Anchorage Daily News...