Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

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IN TODAY'S RADIO REPORT: Romney and Paul confused about public lands; Wacked-out Winter 2012: Record cold in Europe, record warm in the U.S.; Most anti-environment Republican Party ever; PLUS: Never mind Clint Eastwood's halftime --- it was the greenest Super Bowl yet ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): BP profits up, as oil spill victims still suffer; 7-yr oil leak in Gulf; MI River pushback on Corps levee ratings; San Onofre nuke plant shut down; Big Coal attacks climate scientist (again); Canada to poison wolves; Sacrificing the desert to save the earth; ... PLUS: "Peak Everything": special report ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Rick Santorum knows science better than "some people" ("some people" who are actually scientists); Grand Canyon is safe --- at least for awhile; Obama Administration's historic move to protect the nation's fisheries; No snow in Colorado; Too much snow in Alaska; PLUS: Republican presidential climate deniers visit a very warm New Hampshire ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): BP Oil Spill: Oil is more toxic than previously thought; Oil prices rise on Iran tensions, supply crunch; Nigerians protest rise in oil prices; Your car helps cause tornadoes; US coal plant wants new pollution rules; OH decides to stop fracking; Canada minister calls opponents of tar sands "foes of Canada"; Ducks doomed by global warming ... PLUS: Big Ag freaks out over tighter limits on toxic dioxin in food ... and much, MUCH more! ...

[UPDATE 10/30/10: The North Carolina Republican Party has both filed and won their suit against the State Board of Elections. See details at end of article for more.]

It would have been nice if these guys had spoken up years ago, when the bulk of the Republican Party and their sympathizers were labeling Democrats as "conspiracy theorists" and "sore losers" for their documented complaints of touch-screen voting systems flipping votes on screen to Republican candidates. But better late than never, we suppose.

This afternoon, Legal Counsel for the North Carolina Republican State Executive Committee sent a letter [PDF] to the NC State Board of Elections threatening legal action if their "demands" were not "immediately" met for taking a number of specific actions to mitigate reported touch-screen voting problems describes as "significantly more widespread than the NC GOP initially understood."

The GOP attorney, John E. Branch III writes that the voting system problems should have been addressed prior to the early voting period "and, to the extend they were not, the touch screen systems should have been banned."

The problems in contention are related to reports of the state's ES&S iVotronic e-voting systems reportedly showing votes as flipping from Republicans to Democrats on the screen. The threat from the state GOP comes on the heels of complaints made last week in two different NC counties, Craven and New Hanover. Those reports were a switch from previous years when voters in dozens of states had reported votes flipping largely from Democratic to Republican.

Branch charges that the party has "received word" that similar problems have emerged in "Mecklenburg...Randolph...Cumberland, Wilson, Pender, Forsyth, Lenoir and other counties," which all similarly use the oft-failed, 100% unverifiable ES&S touch-screen voting machines. The same systems are also used in more than a dozen other states...

[Updated with a response from L.A. County Registrar Dean Logan. See end of item for his complete email in response to this article.]

Gautum Dutta, of the Democratic-leaning Asian American Action Fund blog notes a recent L.A. County Board of Supervisors meeting which "discussed a study on the cost of special elections and Instant Runoff Voting (IRV)" [emphasis added]...

Note to Messrs. Dutta and Logan: Taxpayers could save even more money if we simply allow you two to just decide for us who gets elected!

As Logan, chief election official of the nation's largest voting jurisdiction (larger than 43 states combined see Logan's correction to this at end of article) has had more than enough problems with the current voting system which can't even add one plus one plus one accurately, such that it is virtually impossible for anybody to verify the accuracy of results, the last thing this county needs is to complicate the math even further by confusing matters with IRV's complicate scheme of ranked choice voting where voters are asked to select a first and second place choices, etc.

For that matter, unless, and until, we can simplify our election procedures such that any and all citizens are able to oversee and verify the accuracy of their election results, no jurisdiction in this country should employ schemes like IRV, no matter how well-meaning supporters of it may be in hoping to allow a broader range of candidates and parties to have a shot at winning an election.

Along with the emerging nightmares of Internet Voting and Vote-by-Mail, IRV is yet another one of the horrible wack-a-mole schemes being endlessly advanced by advocates and profiteers who put winning elections and making money off them, over the idea of transparent, verifiable, secure democracy and self-governance expressed of the people, by the people and for the people.

Addendum... From last Friday's Aspen Daily News:

Clarification & UPDATE, 8:52pm PT:...

Michelle Shafer is the "Baghdad Bob"-in-chief of the e-voting industry. She's the VP and spokesperson for Sequoia Voting Systems and spokesperson for the e-voting industry as a whole via the Election Technology Council (ETC), a "trade group" created and sponsored by the nation's top four e-voting companies (ES&S, Sequoia, Diebold/Premier, and Hart Intercivic) to help spread their anti-science, anti-reality, pro-e-voting propaganda.

In the very last line of an article published on Thursday, on yet another e-voting related issue (which we may cover in more detail later), Michelle "Baghdad Bob" Shafer is quoted thusly:

As irony would have it, Thursday was also the very same day that news broke of the arrest of a cabal of election official insiders --- including a circuit court judge, the school superintendent, and a number of both Democratic and Republican polling place judges --- charged with having used the electronic voting system to compromise election after election, from 2002 to 2006 in Clay County, Kentucky.

Of course, very strong evidence exists that many other elections have been similarly manipulated on electronic voting systems by election insiders (see here, for just one example), including by both election officials and employees of the various private vendors whom Shafer represents. Much of that evidence, however, has been held at arm's length from citizen election integrity advocates under the absurd argument that that information is a proprietary, legally-protected trade secret. That specious argument has been made for years by the very government-funded corporate welfare queens, like Shafer's companies, that have been paid by our government to privatize our public elections.

So it's been difficult, at least until last week, to point disinformation experts like Shafer to the very evidence that reveal her statement, repeated time and again, to be a lie --- thanks in no small part to the "trade secret" claims of folks like Shafer. Get it? It's a helluva self-perpetuating scam...

This morning there are some articles that were from last night after I sent the evening edition. Anything I entered this morning is strictly about problems with voting machines and tabulation of votes. Except for something that I feel needs to be in DVN that is not about technology and vote counting I will probably skip it unless it is a big story. I have also made things easier and added notes between brackets [ ] so the reader will know the manufacturer of the system and/or what the problem is that is being reported.

There are some problems with vote tabulation that will be followed. Hillsborough Co Florida is having problems with their Premier/Diebold system and with the vendor. Washoe Co Nevada is reporting 40 blank memory cards. Boulder Co Colorado is having problems because their Hart eScan optical-scan machines have problems with ballot dust and dirt...

Guest blogged by DES

Late last week, a federal court spanked Colorado's Republican Secretary of State, Mike Coffman, ordering him to restore tens of thousands of registered voters to the state's voting rolls and allow them to vote, requiring that officials count those ballots, and --- perhaps most importantly --- placing the onus on elections officials to justify the removal of voters from the rolls, rather than forcing the voters to prove they are who they say they are...

A county clerk in Colorado has finally done the right thing for the voters by removing a touch-screen voting machine from service, and quarantining it, after it was discovered to be flipping votes from one candidate to another. The failed machine in this case was a Diebold Accu-Vote, a frequent flipper.

As reported by the Colorado Independent (Hat-tip VoterAction.org)...

Long is to be lauded for being the first election official in the country so far during the general election (that we're aware of) to have taken the correct action in such a vote-flipping case. And now that Hodge's eyes are "opened" we hope that both she and her Republican opponent, Hadfield will stand up for their voters by signing the StandingForVoters.org "no concessions" pledge immediately!

Late last night VelvetRevolution.us (a non-partisan, non-profit election watchdog co-founded by The BRAD BLOG) issued a press release calling on election officials to not recalibrate systems mid-election, but rather remove and impound them, and offer voters paper ballots as needed instead. The complete press release is posted at the end of this article.

Colorado has a troubling history with electronic voting, even as the Secretary of State found all of the state's machines to be faulty and easily hackable in late 2007, but has capitulated to pressure from election officials to allow them to be used by voters again this year anyway...

5 days until Election Day.

A deal was struck last evening in Colorado with the Secretary of State. 20,000 voters who were illegally purged from the state’s voter rolls will now be allowed to vote using provisional ballots and those ballots will get priority handling and a presumption of validity by Colorado counties.

The Reform Institute, a non-partisan public policy organization, today released a checklist to assist voters in casting their ballots. The checklist provides helpful tips for voters, especially those going to the polls for the first time, to facilitate a voting process free of complications....

9 days until Election Day.

In a stunning admission Sequoia Voting Systems has admitted to not printing and mailing over 11,000 absentee ballots to Denver, Colorado, voters. Their spokeswoman claimed they “made an unfortunate mistake.” In fact, the company had failed to notify the city of this “mistake” and when originally asked they lied and told the city they had delivered all 21,450 ballots they were supposed to print and deliver to the post office on Oct. 16. Sequoia claims they will have ballots printed and delivered to the post office by tomorrow, Monday. Voters have until election day to get those ballots marked and either back in the mail or delivered to any early polling site. Not mentioned by anyone is if any overseas voters or military are affected by this failure.

In Jefferson Co, Arkansas, voters will vote on ballots that don’t have some alderman races on them. The county discovered their error too late and they have now fixed it but all early voting has been done without those races being voted on by the voters. The county will just forget all of those voters and hope that none of the races are close, which would open them up for potential lawsuits....

See below for a rather breathtaking "Round-up of Problems Facing Voters Nationwide", such as registration backlogs, illegal voting roll purges, deceptive practices and dirty tricks, etc., now plaguing American voters across the country with just 17 days left before our country's biggest election ever.

All of that, while Fox "News" (whose asked me to come on live tomorrow, Sunday, at 2:40pm PT, btw, along with my old friend John Fund "for balance") continues to misreport, alarm and deceive their viewers in regard to the GOP's phony ACORN "voter fraud" fraud. Unfortunately, it's not just Fox who is irresponsibly and dangerously misreporting that scam --- though they seem to have made a small cottage industry out of it of late --- CNN and MSNBC have been filed loads of equally inaccurate and misleading reports on it as well.

But take a look at the "Round-up" below, sent this afternoon via email by the 866ourvote.org Election Protection coalition of non-partisan election watchdogs. And keep in mind that their summary below doesn't even mention the myriad electronic voting issues we've been reporting here of late --- touch-screen votes flipping, paper ballot electronic tabulators that can't count correctly or that add thousands of "phantom votes" or that drop thousands of real ones etc. --- cropping up, yet again, across the country...

We've been reporting on the GOP's October "Surprise" over the last few days (challenges to Democratic voter registrations in a number of states, and, perhaps more notably, their bogus PR campaign to charge that ACORN, a community organization that heroically registers millions of low-income voters who nobody else bothers to, is committing "voter fraud." See here, here and here, for example.)

But the November Surprise, as we've been trying to warn for many months (if not years), will undoubtedly be the thousands who show up to the polls to vote on November 4th, only to find out that they have somehow "fallen off" the voter rolls.

We've urged folks to check their registrations, even if they recently voted in a primary election, to make sure they haven't been purged (info on how to do that quickly in all 50 states, right here).

Late last month, CBS News reported on voter purges occurring in at least 19 states across the country, many of them swing states, naturally.

Today, the New York Times has published a scathing report, based on a detailed investigation revealing that "Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registering in ways that appear to violate federal law."

We've got to run out to host an hour of "Election Year Special Coverage" right now on KPFK/Pacifica, (guests to include filmmakers Patty Sharaf of Murder, Spies & Voting Lies: The Clint Curtis Story and John Ennis of Free For All!: One Dude's Quest for Democracy), so here are some very notable, must-read excerpts from the Times full report for the moment. So, we may have more thoughts on all of this later today, but for now, please read on!...

Why is it that some election officials in swing states have decided to discourage voting by college students? The answer seems obvious: they know how a majority of them will vote and they don’t want that.

According to our “Featured” article today one Colorado county election official sent information to one Colorado College and asked that it be promulgated to all students. The information falsely claimed that students from outside the state could not register to vote if their parents claimed them as dependents on their tax returns. When faced with the truth the official tried to claim that his office had misinterpreted state law and “mistakenly published information that was incorrect.” This same misinformation drive has also taken place in Virginia and South Carolina, amongst others...

-- Brad Friedman

Last night we offered the quick skinny on the abrupt resignation of Colorado's state Election Director, Holly Lowder, just 60 days out from what promises to be one of the largest and most important --- and potentially closest --- elections in the state's history.

We summarized some of the dizzying background on the exceptionally embarrassing and dysfunctional state of certification, decertification and recertification of e-voting systems in the Centennial State over the last two years, under current Sec. of State, Republican Mike Coffman (who is overseeing his own election for the U.S. House this November), and in previous years under two former Republican SoS' (one of whom was promoted by George W. Bush to do the same lousy job of e-vote testing for the U.S. Election Assistance Commission).

We also suggested, based on information from sources in the states, that the old euphemism about "election officials being in bed with voting vendors" may well become more than just a euphemism when the full explanation for Lowder's sudden departure became known.

And today, as we'd hinted last night, some of that information has now become known...