After all these years, not much has changed for the denialist jurisdictions that still insult their voters by using 100% unverifiable electronic voting machines.

Pittsburgh's WTAE filed a report last week with a ring of exhausting familiarity --- at least to long time readers of The BRAD BLOG. This one stars, as usual, both an open, unsecured door to the warehouse, and an election official --- in this case, Allegheny County Pennsylvania's Election Division manager, Mark Wolosik --- claiming he's "seen" no problems before, so everything is just dandy, nothing to worry about when it comes to his support of the use of 100% unverifiable electronic voting systems by his county's voters...

Guest blogged by Ernest A. Canning

On California's June ballot this year, a measure paid for and deceptively represented by one major corporate sponsor, Pacific Gas & Electric (PG&E), purports to be a "Taxpayers Right to Vote Act." In truth, the initiative represents one corporation's attempt to pervert the "citizen's initiative" process by spending millions to deceive voters into believing they can push back against the vaguely socialist-sounding notion of "government-run electric service."

The measure is anything but a "Taxpayers Right to Vote Act," and that name itself has even been out-and-out rejected for use on the ballot by the state's Attorney General --- not that it has stopped PG&E from misleadingly selling it that way to the public in a multi-million dollar television ad buy and direct-mail propaganda campaign...

Two quickie items from Public Citizen's latest DontGetRolled.org "e-newsletter about the movement to curb corporate influence in politics and restore our democracy," as brought to my attention by Ernie Canning today...

It's not just the troops and the election officials who are now acting on concerns of disenfranchisement. Now the Hispanic community and Democrats are charging the Governator's special election dates will "thwart voter turnout within minorities communities".

On the heels of The BRAD BLOG's coverage yesterday reporting on worries that thousands of overseas and military voters could be disenfranchised by CA Gov. Arnold Schwarzenegger's order for an early special election schedule in the state, and that election officials were "outraged" by the timing and concerned about the costs, minority groups and the Democratic Party are now filing suit to halt the impending election, charging the compressed dates are in violation of federal law.

A nine-page complaint [PDF] was filed in the Northern California U.S. District Court today by three Hispanic plaintiffs seeking "a temporary restraining order, a preliminary injunction and a permanent injunction" to halt the impending June 22nd special primary election date to fill a vacancy in Senate District 15 following the appointment of Abel Maldonado as Lt. Governor. The lawsuit is being funded by the state Democratic Party.

The suit charges that the short time-line for the special election schedule did not leave time for the required preclearance of the election dates under Section 5 of the federal Voting Rights Act. Monterey County, one of five included in SD 15, is covered by Section 5, a provision which requires the Dept. of Justice to pre-approve changes to voting laws in jurisdictions around the country where minorities have been historically disenfranchised.

Yesterday, retired twenty-year armed services veteran and Monterey talk-radio host Scott Dick detailed how the expedited special election schedule meant that ballots could not possibly be printed and sent to military family and personnel serving overseas prior to the 45-day minimum requirement of the federal Military and Overseas Voter Empowerment (MOVE) Act. He charged that there will not be enough time for those voters to receive and return their ballots in time to be counted in the special election.

State election officials, The BRAD BLOG has learned, share similar worries...

[UPDATED: Santa Cruz, CA, County Clerk/Registrar and Vice President of the CA Assoc. of Clerks and Election Officials (CACEO) Gail Pellerin saw our article just after it went up, and wrote to both thank us for covering it, and to express her outrage over the Governor's decision here. She points us to a letter sent by clerks to his office earlier this week, and also notes that "Military voters are definitely disenfranchised" by this move. See the UPDATE at the end of this article for more comments and detail from Pellerin. - BF ]

[UPDATED AGAIN: Hispanic voters file federal complaint, charging violation of Voting Rights Act. Details at bottom of article - BF]

-- Guest blogged by Scott Dick

Governor Arnold Schwarzenegger is effectively disenfranchising at least 2,046 overseas California voters around the world, including military personnel stationed in combat zones in Iraq and Afghanistan by calling a special election for June 22, 2010.

Background: The Senate seat from California's Senate District 15 was recently vacated when Schwarzenegger's nominee, Abel Maldonado, was confirmed and sworn in as the new Lieutenant Governor. He was appointed as a replacement to the elected John Garamendi who was recently elected to the U.S. Congress in a special election filling the seat of Ellen Tauscher who had been appointed by the Obama administration to a post in the U.S. State Department.

Schwarzenegger set the date for the special election to fill Maldonado's Senate District 15 seat as June 22, 2010, virtually eliminating the ability of overseas voters to participate in the election.

While not directly violating the federal Military and Overseas Voter Empowerment Act (MOVE Act) signed into law October 28, 2009, he is most certainly violating it in spirit. The law was designed to ensure the rights of overseas civilians and deployed military personnel to participate in federal, state and local elections. For federal elections it requires ballots to be sent out 45 days prior to an election to allow the Department of Defense time to process those ballots. If a state requests a waiver they must do so 65 days before the election. The law was passed with a 45 day minimum requirement for a very good reason --- a reason that Schwarzenegger seems willing to ignore, unless he can be convinced to change the date of the election, and quickly...

Just in tonight as tabulation continues in Ohio's primary election today. Via Josh Sweigart at Middletown Journal:

Long-time readers of The BRAD BLOG will remember that similar "glitches" affected the 2004 Presidential Election in the Buckeye State when the election night reporting website went down late in the evening, was moved to the "back up servers" of a far Rightwing firm in Chattanooga, TN, before coming back up to show that George W. Bush had taken the lead over John Kerry.

That system was created by Mike Connell, the GOP's IT guru who, in 2008, was subpeonaed for a deposition in a long-standing 2004 election fraud suit, only to die in a mysterious plane crane just weeks after the election, before he could testify in open court. Computer security experts have long charged that the results of Ohio's '04 Presidential election may have been compromised by a so-called "man in the middle" computer attack as the servers changed locations that night.

Similarly, in the hotly contested 2005 Special Election contest between Jean Schmidt (R) and Paul Hackett (D) for Ohio's 2nd Congressional District seat, central tabulator computers went down during late-night counting in Clermont County, only to come back up showing Schmidt with the lead over Hackett.

Whether something similar could be going on tonight in Butler County remains to be seen, but the attacks on the servers certainly seem worth noting here should further information become available over the next few hours, days, or weeks.

[See end of article for an UPDATE on the above story.]

In another part of Ohio, Cuyahoga County (Cleveland) experienced its own predictable failures with its ES&S precinct-based optical-scan vote tabulators during pre-election testing over the weekend. 89 of the county's 1,200 machines (6%) froze up entirely during those tests...

Guest blogged by Ernest A. Canning

“We now have the entitlement generation as CEOs. They just plain feel entitled to being wealthy as Croesus with no responsibility, no accountability. They have become literal sociopaths.” - William K. Black on Bill Moyers’ Journal

"When you're rich, they think you really know!" - "If I Were a Rich Man," from Fiddler on the Roof

Californians have been drawn within the cross-hairs of a propaganda blitz bought and paid for by Meg Whitman, the billionaire former CEO of eBay, who, since declaring her intent to run for governor in February, 2009, has already contributed $59 million of her own money to her "campaign" --- a one-sided political phenomenon which has seen a stealth candidate, with disturbing connections to Goldman Sachs, soar to the top of the polls because the electoral process has been emasculated by the absence of mandatory debates and meaningful investigative journalism...

It's just a small town somewhere in the middle of Nevada, but the top-notch political pun-ditry we caught on display around the town of Ely (pop. 4,041), could make all the difference this November...

Heheh...It sez "butt" instead of "but." Get it? Harry Reid is a "butt"! heheh...

And if you think that's good stuff, on the side of the trailer --- if you park your car and walk over to it, since the letters are pretty small --- you'll find some slightly more substantive political wisdom and criticism, apparently from someone named Jack Norcross. These thoughts are even more convincing, since they rhyme! (Sort of, though there are some metering problems)...

Rand Paul, son of Rep. Ron Paul (R-TX) is running for the GOP nomination for U.S. Senator to replace the retiring Sen. Jim Bunning in the state of Kentucky. Paul, who has been endorsed by the likes of Sarah Palin, is running against Republican Party insider, KY Sec. of State Trey Grayson, who has been endorsed by the likes of Dick Cheney. Primary Election Day is set for May 18th.

Grayson's disturbing history of misrepresenting the truth in regard to certification of the state's electronic voting systems should be of great concern to Paul and his supporters, particularly given the state's rich history of confirmed election fraud by election insiders --- which includes tampering with e-voting systems to change voters votes --- and the fact that much of the state still uses electronic voting systems which are 100% unverifiable in any way, shape or form.

Of equal concern are the hand-marked paper ballot systems used in other parts of the state. Those electronic systems are also at risk to both simple, nearly undetectable manipulation by insiders as well as tallying errors, and have been found to feature serious security flaws highlighted in the past by the state's own former Republican AG. Even admissions by one of the voting machine companies, Diebold, that systems in use in the state did not meet certification requirements, were largely dismissed, and all but ignored for years by Grayson, the state's chief election official who will be overseeing his own election against Paul in May...

Guest Editorial by Frank Schaeffer

With the Senate having now passed the final reconciliation changes to the health care reform bill, the Republicans from their "Tea Party" wing to their high priest of hallucinatory fantasy; Glenn Beck, are about to pay a historic price for the biggest miscalculation in American political history since Charles Lindbergh sided with the Germans. The pundits all have it wrong. Obama's victory on health care reform will result in the Democratic Party retaining the majority in both houses of Congress as well as Obama winning a second term.

Disclosure: As a former Republican and Religious Right leader who quit the movement in the mid 80s (for reasons I explain in my book Crazy For God) let me tell my progressive friends and all reality-based people why and how the Republican Party just consigned themselves to defeat by (amongst other things) opposing health care reform...

Wow. These guys ain't fooling around.

If the Republican Gubernatorial primary candidate Carly Fiorina is willing to put out a web ad like this, against her Republican opponent Tom Campell in the race for the GOP nomination to run against Democratic Sen. Barbara Boxer this year, do the Democrats have any idea of the crazy train they're about to be barreling into?...

[Hat-tip TPM who tweets it as "Possibly the best web ad ever". We might have to agree.]

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...

Guest Editorial by Frank Schaeffer

[Readers: Please see the added "Ed Note" at the end of this editorial. Thanks. It has also now been updated with some new information. - BF]

Congratulations to the Left of the progressive movement and the Democratic Party: You just shot us all in the foot. You contributed to the Democratic loss in Massachusetts.

I’m a former Republican who ran from that hate-filled movement years ago. I am a heartfelt Obama supporter. And I am also an Independent Massachusetts voter.

I blame the ideological purist Left who have worked so hard to undermine the Obama presidency for the MA debacle. You set the stage...

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...