[Note: This piece was originally written for and published by Truthout earlier this week, prior to escalated, and often breathless, allegations now being made from the Right of "voter fraud!" and "election theft!" by the Reid campaign in NV. Many of those claims are baseless and evidence-free at this time, though some have roots, at least, in legitimacy. The article which follows offers evidence for the legitimacy of some of their claims. But I will try, if time allows, to post another piece soon, separating important fact from irresponsible and even sometimes silly fiction in many of GOP/Fox/Drudge/Breitbart-fueled allegations in NV. - BF]
Sharron Angle should start filing the lawsuits right now. Then again, so should Harry Reid. However, it might be a bit more difficult politically for the Senate majority leader, given the undeserved support Reid has shown in the past for Nevada's 100 percent unverifiable, error-prone, hackable, illegally-certified, electronic voting systems the state forces all voters to use at the polling place.
Given that the Angle/Reid contest in Nevada is likely to be among the closest - and most closely-watched - races for the US Senate this November 2, both parties would be wise to get to court and file for an order to ensure all of the hard drives, flash memory chips and memory cartridges to be used in their electronic voting machines during both early voting and on Election Day are securely retained for 22 months after the election.
The federal law requiring as much, Retention of Voting Documentation (42 USC. 1974 through 1974e), has, however, never been followed in any state to my knowledge, at least in regard to the sensitive memory cards and hard drives from electronic voting systems. Those devices hold both ballot programming and the way the computers have recorded - accurately or not - the way voters have voted. They might also hold the only evidence of any system malfunction or malfeasance. Nonetheless, officials routinely scrub those materials not long after the polls have closed. Key evidence - perhaps the only actual evidence - of how voters had hoped to vote and of any obstruction to that intent, is thereby lost forever.
The voting machine still used across the Silver State - the horrible, hackable, failure-prone Sequoia AVC Edge touch-screen voting machines with VeriVote "paper trail" printer add-on - has a storied history. There is also a recent history of very close elections in Nevada. Consequently, both candidates would be wise to bring on experienced Election Integrity experts to advise them in what can and will go wrong with those voting systems this year.
Unfortunately, while Reid seems to have long been in denial about the unverifiability and outright failure of the systems used in his state, Angle has likely been duped into buying into her own party's propaganda about "voter fraud," when the real problem is election fraud ... or just plain failure. Particularly in Nevada ...