Meanwhile, back in Clay County, Kentucky, where election officials (including the county clerk, a district court judge, and the school superintendent) were arrested last year, and are now on trial, accused of having "fix[ed] elections for decades," a "precinct worker testified...that top election officers in the county taught her how to change people's choices on voting machines to steal votes in the May 2006 primary." The vote stealing was accomplished on ES&S touch-screen electronic voting machines, without the knowledge of legitimate voters, after they'd left the booth thinking they had cast their votes.

The scheme also included Republicans changing their party registration to Democratic in order to serve as Democratic poll judges and officers on Election Day, as has been alleged elsewhere (for example, in Ohio in 2004)...

Never thought I'd miss the 2000s, but if this week is any indication of what's to come, can we please roll back the clock?

Hundreds of thousands died in Haiti. Detainees were revealed to have been murdered in American custody at Gitmo. Democracy died again in Diebold's Massachusetts. A faint hope for reviving the death of the public's airwaves dies yet again as Air America dies. And the U.S. Supreme Court commits mass murder of everbody and everything else that had still been left teetering.

Worse. Week. Ever.

As it happened, I was previously scheduled to be a guest on Peter B. Collins' podcast yesterday to discuss MA. Suffice to say, the conversation ended up a bit broader, and a great deal darker.

If you'd like to listen, if you can stand to, it's now posted here...

Several supporters of Democrat Martha Coakley were injured during her rush to get to the phone as quickly as possible in order to concede the race for the U.S. Senate in MA to Scott Brown even before AP called the race in favor of the Republican.

That, while some 25% of the precincts had yet to report even how Diebold's easily-hacked, oft-failed optical-scan machines (which are in violation of federal voting system standards and programmed by a company with a disturbing and criminal background), had even reported their tabulation and, more disturbingly, while 0% of the voters' cast ballots in Massachusetts had been counted or examined by any human being on the face of the earth.

"After months of campaigning, the Attorney General thought it was important to make sure neither her, nor her supporters voters were actually counted, so best to ensure that the Democracy Menace wouldn't rear it's ugly head right here in the Bay State," said Coakley's campaign manager Kevin Conroy.

Sen. John Kerry (D-MA) released a statement upon hearing the news, proclaiming he was "proud of the speed at which Martha was able to concede the race with even fewer of the votes counted by anyone --- zero in Martha's case --- than when I conceded the race for President of the United States in 2004." Kerry added that he had prepared his statement on Monday, so as to save valuable time on Election Night, since American Idol was also scheduled to be on.

And with that out of the way, please see:

• Bev Harris' article today about how these media "calls" are actually made (hint: it ain't based on actually counting anybody's ballot);
• The several updates to my previous report on the allegations of ballots pre-marked for Brown said to have been given to voters in "at least" three different jurisdictions;
• My fully ignored tweet urging all candidates to NOT concede until the voters votes were actually counted, and;
• If you missed it, my article at the right-leaning Gouverneur Times on the outrage of ceding our American democracy, and the U.S. Senate seat from MA, to private, unaccountable companies like Diebold and LHS Associates.

[UPDATED SEVERAL TIMES with more info on the curious/disturbing issue of ballots reported as being handed out as pre-marked for Scott Brown. Allegations now of five different reports from "at least" three different jurisdictions. See bottom of article for continuing updates...]

Haven't heard too much from on the ground in Massachusetts this morning yet (happily), but that's not much of a surprise. The real questions come later, as we will all wonder whether or not the "results," whatever they are, as reported by Diebold and never counted by actual humans, have anything to do with the way voters actually voted.

In the meantime today, a group of election integrity experts, after having posted an "Orange Alert" yesterday about the serious e-voting concerns in today's election, have sent an open letter to Sec. of State Bill Galvin, along with a public records request [PDF], calling for the retention of all election materials, such as voted, spoiled, and unvoted ballots, as well as all of the easily-tampered-with memory cards and electronic databases, etc., to ensure they are all secured and available for inspection by the public after the close of polls.

Election integrity advocates Susan Pynchon, Shelia Parks, and John Brakey also put the entire sorry matter in stark terms, demonstrating how simple this all could have been in a very short piece at OpEd News asking why MA didn't simply just determine to count the ballots, by hand, in front of everyone at the polling place, especially given that it was a single race on the ballot with just three people on it...

As to the ballots themselves, Greg Sargent at The Plum Line reports an odd situation: Two different voters, from two different towns, have both informed him that they were handed ballots that had Scott Brown's bubble already inked in when they went to vote. Here's the report from the second voter Sargent heard from...

The two reports are too anecdotal at this point to make too much of them just yet, but it seems worth noting for the moment. May come in handy later.

[UPDATED as more reports of pre-marked ballots have come in! Please see additional follow-ups now below.]

Are you hearing, reading, seeing other points of concern today? Let us know in comments. Links are always welcome...

P.S. Have done a flurry of radio appearances to discuss all of this, last night and early early this morning. Appearances from Mike Malloy, Stephanie Miller, and Nicole Sandler's shows are now archived online if you'd like to give them a listen, right here...

P.P.S. Might I also recommend, request, that all you folks on Twitter (we can be followed here), Retweet the following as far and as loud as you can:

UPDATE 4:03pm PT: Coakley Campaign Manager Kevin Conroy issued the following "ALERT!" on the campaign website, and via email about an hour ago concerning the reports of ballots being handed to voters pre-marked for Brown, as mentioned above...

A quick follow up, as I'll be on the road for most of today, on the mess I warned about on Friday concerning Tuesday's Special Election for the U.S. Senate in MA, the terrible optical-scan Diebold voting machines in use there, and the company with a dubious, criminal background which sells, services and programs them:

• Over the weekend, I was briefly interviewed by Joan Brunwasser of OpEd News and Citizens for Election Reform about it all. That interview is now published here...

• Bev Harris from Black Box Voting offers a detailed breakdown and a toolkit "for effective actions everyone can take, whether you live in Massachusetts or not" to try to help oversee and protect the election tomorrow.

• A coalition of election integrity experts have issued an "Orange Alert" about the concerns for tomorrow's election, calling on MA Sec. of State Bill Gavin to take effective action to protect secure chain of custody for ballots, voting machines, tabulators, memory cards, unvoted ballots and all other related materials, and calling on the candidates to NOT CONCEDE until all votes are actually counted accurately and transparently.

• I'll be on the air tonight and tomorrow morning to talk about all of the above. Among my currently scheduled radio appearances on this [all times PACIFIC]:
  • MON 1/18, 7:00pm: Mike Malloy Show (air affiliates, Sirius Ch. 146, XM Ch. 167)
    [Update: Here's the commercial free audio archive (MP3) from last night on Malloy, appx. 19 mins]
    
  • MON 1/18, 8:00pm: Nicole Sandler Show
    [Update: Here's the commercial free audio archive (MP3) from last night, appx. 33 mins]
    
  • TUE 1/19, 6:00am: Stephanie Miller Show
    [Update: Here's the commercial free audio archive (MP3) from this morning on Stephanie's show, appx. 20 mins]
    

UPDATE 1/19/10: More on early reports and other developments on Election Day, now here...

Since writing today's piece for Upstate New York's right-leaning Gouverneur Times, a new poll has come out this morning showing the Republican Scott Brown now leading the Democrat Martha Coakley by 4 points in the race for the U.S. Senate seat formerly held by a Democrat named Kennedy for nearly 60 years.

As of last night, when I filed the story with them, the latest survey from a Democratic-leaning pollster showed Coakley up by 8, though a day or two earlier, Republican Rasmussen had Brown down only by 2 points.

Suffice to say it's now officially "a toss-up," at least according to the Rothenberg Political Report, and to all the Dems and Reps now sweating out what was previously thought to have been an easy Democratic win.

With the 60th "filibuster-proof" Senate seat now hanging precariously in the balance, I'm sure you'll be delighted to hear that the winner will now be whoever Diebold declares it to be. The near-entirety of the state will vote next Tuesday on paper ballots to be counted by Diebold op-scan systems. The same ones used dubiously in the New Hampshire Primary in 2008, and the same ones notoriously hacked --- resulting in a flipped mock election --- in HBO's Emmy-nominated Hacking Democracy.

And to make matters even worse, the notorious LHS Associates --- the private company with the criminal background that has admitted to illegally tampering with memory cards during elections, and which has a Director of Sales and Marketing who embarrassed himself with obscene comments here at The BRAD BLOG some years ago, resulting in his being barred from CT by their Sec. of State --- sells and services almost all of MA's voting machines along with those in the rest of New England.

Read my detailed coverage of the entire sad affair over at Gouverneur Times today. And yes, here we go again...

UPDATE 1/18/10: FOLLOW-UP: Election experts issue "Orange Alert", what you can do to help protect the election, and a bunch of my interviews on all of the above, now here...

In the November 2008 election, the tabulation of votes for California's Proposition 8 --- the controversial ballot measure which resulted in the repeal of marriage equality by, for the first time, amending the state's constitution to deny the rights of Californians --- was "probably corrupted".

That's the finding of a newly released study issued by a coalition of election integrity organizations, as based on their analysis of an Election Verification Exit Poll conducted in Los Angeles on the day of the 2008 general election. "An investigation is warranted," the study concludes, into the evidence which suggests a likelihood that either "fraud or gross errors" occurred in the tabulation of that specific ballot measure.

The complete 49-page study has now been released on a new website, WasProp8Straight.org.

The poll was conducted on Election Day by Election Defense Alliance, Protect California Ballots, and ElectionIntegrity.org and was designed and researched with the help of at least one well known exit pollster, Ken Warren of St. Louis University's The Warren Poll, for the express purpose of measuring the accuracy of the reported vote count. It functioned beautifully in general, by confirming the results of most of the issues and races on the ballot. On Proposition 4, for example, which concerned a similar hot-button issue --- parental notification for abortion --- polling results and official election results matched within 2%, well within the expected margin of error.

However, for Proposition 8 only, the official results varied from the Election Verification Exit Poll by an average of 7.75% in the 19 precincts polled. In some cases, the discrepancy was as high as 17.7%. That is, of course, far outside of the margin of expected error and certainly worthy of further investigation by officials.

The creators of the poll, along with the analysts of the results and the authors of the study, seem to have gone out of their way to preempt the usual reasons for questioning and/or dismissing the methodology and findings of such polls. For example, as noted in the group's press release [emphasis added]...

The BRAD BLOG has long endeavored to fight back against the disinformation being put forward by the GOP "voter fraud" charlatans and fraudsters contending that massive fraud is being carried out by voters at the polls, requiring the institution of disenfranchising Photo ID restrictions at the polling place which would result in some 21 million Americans being unable to cast their legal votes, according to the League of Women Voters and most other serious experts on these matters.

Once again, a story out of Kentucky helps us highlight that it's election insiders, not voters themselves, who are, by far, the greatest threat to the integrity of elections.

We reported early last year on the passel of election officials in Clay County, KY, arrested for buying and selling votes, manipulating ES&S electronic voting machines without the knowledge of voters, and otherwise fixing elections from 2002 to 2006.

As their January 19 trial date nears, more motions are being filed by federal prosecutors. The latest, filed last week, alleges that two of the top officials charged --- one, a circuit court judge and the other, the county school Superintendent --- had been fixing elections for decades before their recent indictments...

On Thursday we reported that Florida's AG office was investigating the recent acquisition of Diebold's voting machine unit by its larger/largest "competitor," ES&S, for possible violations of anti-trust statutes in the state. Today, the New York Post reports that the U.S. Dept. of Justice is also actively investigating the same thing --- along with 14 states in total --- and may "file a suit to unwind the deal" next month...

Though the Post story seems to be based on a single, unnamed "source," they also note that "A Diebold spokesman confirmed the Ohio ATM maker was cooperating with a Justice Department investigation."

And while there are other "Justice Department investigation[s]" that Diebold is also cooperating with --- as The BRAD BLOG noted early this year, when the company's Chief Financial Officer was forced to stop down: "[Diebold has been] been facing a class-action securities fraud lawsuit from shareholders since 2005; under SEC investigation since 2006; and under DoJ investigation since 2007; and admitted overstating '07 earnings in early 2008" --- Reuters coverage of the story offers more direct confirmation of the DoJ probe of this particular matter. "Diebold spokesman Michael Jacobsen said in an email that the company was cooperating with the Justice Department review of the sale," they report tonight.

BlackBoxVoting.org's Bev Harris deserves much credit here, both for helping to get the anti-trust ball moving when the merger was first announced in September, as we reported at the time, but also for providing the DoJ a great deal of information, statistics, financial and legal analysis demonstrating the monopolistic nature of the sale, and the harm it presents to our already in-tatters system of election in the U.S.. See BBV's additional coverage here.

From the Herald/Times [emphasis added]....

ES&S, of course, told the Herald/Times that their acquisition of Diebold "will result in better products and services for all customers and voters alike." And, if you believe that, we've got an unhackable voting machine to sell you....

[Hat-tip BRAD BLOG emailer JM]

John Conklin, the Director of Public Information for New York State's Board of Elections has now issued a statement in response to the Gouverneur Times' article by Nathan Barker last week, alleging a "VIRUS in the VOTING MACHINES" [caps in original headline] which, the paper says, "tainted the results" of the recent Special Election for the U.S. House in NY's 23rd Congressional district.

We responded to Barker's detailed article ourselves over the weekend at some length, noting both the accurate and inaccurate information and assertions included in the online publication's coverage.

Conklin's response has drawn two responses in turn from the Gouverneur Times, as the right-leaning publication appears to have joined in the fight for election integrity, at least on behalf of their favored Conservative Party candidate whose apparent election loss has indeed been "tainted" by the very same concerns about which The BRAD BLOG has been warning for years. We're happy to see their new-found concerns, even as Republican partisans in political alignment with the Times have been ignoring and/or disparaging similar reports for years following elections in which Democrats have been the apparent victims of similarly failed voting systems...

I was in-studio and on-the-air this morning with a couple of my favorite cats, Rick and Doran of Digital Village, featuring the most maddeningly-catchy theme song in all of radio, on KPFK (L.A. and Santa Barbara's Pacifica station).

We talked e-voting, including "open source" secret vote-counting machines (the latest ill-considered fad sweeping the nation), Internet voting schemes (the other latest ill-considered fad) and transparently overseeable hand-counting ("Democracy's Gold Standard"), DieboldReturnOurMoney.com, the Rise of the Tea Bags, Muppets, Glenn Beck (about whom questions are being asked as to whether he raped and murdered a young girl in 1990), and much more...

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

On October 17th, we reported that World's Worst Supervisor of Elections Kathy Dent of Sarasota, FL, had discovered in pre-election tests that her new Diebold/Premier optical-scan voting systems failed to properly read paper ballots marked with blue ink.

Her "solution": Make sure that black pens were available at polling places, and otherwise have election officials duplicate blue-inked ballots by hand (and in secret, naturally, where the voter wouldn't be able to watch).

While an attempt could be made to encourage voters to use black ink at the polling place, there was no real way to ensure that absentee voters used black ink, other than try to encourage them to do so.

So, naturally, the inimitable Ms. Dent sent out thousands of sample ballots [PDF] encouraging votes to use "a blue or black pen"...

Dent, of course, is the same disastrous Supervisor of Elections who presided over the 2006 FL-13 Congressional race in which 18,000 electronic ballots in Democratic-leaning Sarasota disappeared from the county's ES&S touch-screen systems, in a race decided in favor of the Republican by just 369 votes. Later, she actively campaigned --- by placing leaflets in the polling place! --- to keep those touch-screen machines in use, despite that failure, and despite a measure on the ballot in the same election calling for a move to paper ballots.

Since the state now requires paper ballots, Dent chose to install the newest Diebold/Premier optical-scan systems, the ones that don't read blue ink properly, despite the fact that they had not been federally tested or certified for use at the time. Florida does not require federal certification tests for voting systems before using them.

Heckuva job --- as usual --- Kathy!

We're watching results as they're coming in tonight, while continuing to comb through various problem reports as they've been coming in throughout the day (the usual "hiccups" "glitches" "snags" and "snafus" reportage --- anything but the proper word for them all: "failure"!)

As we always find necessary to remind readers on such nights, the bulk of election failures tend to reveal themselves in the hours and days --- and sometimes even weeks --- after Election Day.

With that in mind, of the most potential note that we've seen so far today --- though mostly downplayed as minor "glitches" in most of the stories reporting them --- we've found reports of: Diebold touch-screen machine failure in OH's Montgomery and Greene Counties; new e-pollbooks failing in Suffolk County, NY; new Sequoia/Dominion optical-scan systems failing in St. Lawrence County, NY, and; Sequoia touch-screen failures in Essex, Somerset and Goucester Counties, NJ.

Fortunately, turnout has been light today, so the problems that have cropped up seem to have been handled by quickly replacing machines (a luxury available during slow, off-year elections when there are extra machines to go around) or in such a way that delays --- and the voter disenfranchisement that goes with them --- were minimal. At least as so far reported.

Whether any of the results tabulated in secret, with secret software, are actually accurate, well, that's anyone's guess as usual. In any case, we're monitoring, and will let ya know if there's anything you need to know about. Please feel free to let us know about anything you think we should know about in comments.

Other than that, we're just stunned that ACORN did such a terrible job, yet again, at "stealing the election" in New Jersey!

UPDATE 9:29pm PT: New Sequoia op-scan systems fail in Fulton County, NY and are impounded by court order. Emergency paper ballots are used. Fulton is part of the hotly contested NY-23 Congressional special election.

Congrats to New York Times for their Wednesday editorial slamming the ES&S takeover of Diebold's election division (which, if allowed by federal regulators to go through, would give a single private company sole control of some 70% of the votes in this country's once-public elections).

While the Times has editorialized on the dangers of this horrific merger in the past, as I recall, and appropriately so, the reason they are due congrats this time around is because they've managed to write an entire editorial focused on the e-voting menace without once tossing in the deceptive phrase "paperless electronic voting machines" (as if "paperless" e-voting systems are any less of a threat to our democracy than the same wholly-unverifiable voting machines which offer an entirely useless so-called "paper trail").

I believe that's a first! So, waytago NYTimes! Before you know it, they may eventually even use the phrase: "paper ballot"!