One of the more bizarre incidents we've come across this election...

Rachel Maddow did us the favor, last night, of rounding up the bulk of the "top-of-ticket" races from Tuesday which were still un-"called" as of last night...

There are still many more races undecided and going through calls for recounts, etc., around the country. Many of them are not "top-of-ticket" contests, so you may not yet have heard about many of them. I've been fielding calls and emails from representatives of many such campaigns over the last 24 hours or so while looking into various charges of irregularities, etc.

Also remember that in just about every race where you've heard a "winner" announced at this hour, those results are still un-official and un-canvassed for accuracy with virtually all of the ballots (where ballots actually exist) uncounted by nothing other than a computer tabulator. There has been virtually no human confirmation of accuracy of those (failure-prone and easily-manipulated) computer-reported results as of today.

Also remember that neither a media declaration of a "winner" nor a candidate's concession has any actual legal meaning on the official results of any race. Clearly, there are a number of races where counting, canvassing, and contesting will be continuing for quite a while.

Still plowing through tons of incoming problem reports from yesterday in trying to help separate wheat from chaff before I bore you with any chaff here, and looking at a number of still-uncalled elections. (If you'd like to poke around at a few such issues, please see Joyce McCloy's Voting News today). All the while I've been trying to keep up with various scheduled media appearances and wrapping up other odds and ends from yesterday. Here's one of those odds and ends. My appearance on Thom Hartmann's new TV Show, "The Big Picture with Thom Hartmann", via (not-very-good) Skype webcam yesterday.

The 5-minute interview we did yesterday afternoon begins at around the :38 minute mark...

Our buddy Greg Palast is also interviewed a bit earlier in the show, on issues of Voter Caging, beginning just after the :31 minute mark. Hartmann's TV show now airs on RT America weeknight's at 9p & 11p ET. Here's their Youtube page...

And a few other appearances I've done over the last 24 hours, at least the few I was able to get copies of, which you may find entertaining and/or informative (hopefully both!):

• From yesterday's WBAI News with Rebecca Myles in NY (where I appeared the day before as well to discuss Citizens United). This appearance discusses concerns about touch-screen e-voting systems in yesterday's elections...

Download MP3 or listen online below (appx 7.5 mins)...

• A very lively and combative "hour" of post-election decompression, wise-cracks, rants and related matters during my regular weekly appearance with Harrison earlier today on KPFK/Pacifica...

Download MP3 or listen online below (appx 50 mins)...

• A slightly more sober appearance on WSFR, New Mexico Pubic Radio, with Diego Mulligan this afternoon right after the above...

Download MP3 or listen online below (appx 20 mins)...

This is amusing. At least it would be, had not their entire phony, shameless, anti-democracy campaign been built on hopes of suppressing the legal votes of American minority voters.

But I guess that "epidemic" of "MASSIVE DEMOCRATIC VOTER FRAUD!!!" that Fox "News" and their easily duped viewers had been warning us all about for weeks/months/years (here's one recent example, and another, and another, and another) didn't exactly materialize yesterday. Who could have guessed it?

Via Media Matters...

Fox News cancels Thursday segment on NV "Voter fraud" after Angle’s poor showing

Las Vegas Sun political columnist Jon Ralston posted the following to his Twitter profile this afternoon:

At least we know what Fox News was planning had the Senate race between Majority Leader Harry Reid and tea party darling Sharon Angle been tighter.

Media Matters' headline avers the segment was spiked due to "Angle's poor showing". There's another possible explanation for cancellation of the segment: No actual evidence of any such "voter fraud". Of course, that's never stopped Fox "News" from making a whole bunch of it up in the past. So perhaps Media Matters is more right than wrong there.

From last night's live Colbert Report, during which he used his "Action Midterm Outcome Prediction Verifier 2010 5400" to examine where "there have been reports of voting machine irregularities" across the country yesterday...

[On/off the air all day today, so trying to keep up as I can. Feel free to leave your own problem reports, or those you're finding in the media, in comments in this thread. Most recent reports will be added to top of this item.]

NATIONAL: "Widespread Reports of Problems at Polls" (NYTimes):

REMINDER: If you had probs at the polls today (or are still having them, as polls are still open out here in the West), please remember to report them to 1-866-OUR-VOTE! It's very important to track records of all such probs, as the full extent of problem patterns often don't reveal themselves until the days, weeks (and sometimes, even months) after an election! Thank you...

TX: Collin County - E-pollbooks, networks fail at "vote centers" disenfranchising untold numbers of voters. (Collin County Observer)

We know how ya feel, Observer. Collin County, btw, is also where a voter reported a Diebold touch-screen flipping his vote from Democratic to Republican.

CA: Contra Costa County - Inspired by my own e-voting disasters in '08 (when the ES&S InkaVote Plus system here in L.A. County misprinted 4 out of 12 of my votes) and in '10 (when after two hours of failure with two of the same machines I finally had to give up and vote on a hand-marked paper ballot), a voter in Contra Costa tries to use the e-voting system for disabled voters as I did. After spending four hours trying to cast a vote on the counties ES&S AutoMark, he eventually had to give up. The shameful tale is detailed here. And remember, allowing disabled voters to vote privately and independently was one of the prime thrusts for the $4 billion federal "encouragement" for states to "upgrade" to these e-voting systems as per the Help America Vote Act (HAVA) of 2002. Fail. Again.

National: Here's the lede from Joyce McCloy's Voting News tonight...

See her report for details and links for all of the above.

NJ: Warren County - Touch-screen machine flips GOP to Dem and Dem to a ballot initiative. Via OurVoteLive.org's problem report database...

MD: Diebold touch-screen votes flip from GOP to Dem... (Luterville-Timonium Patch))

MD was the first state in country, along with GA, to go to all Diebold touch-screen systems. The BRAD BLOG obtained and published a long redacted SAIC report on their systems in 2007, years after its secret 2003 publication. The report was described at the time as the "Pentagon Papers of E-Voting," showing all kinds of problems with the systems. The state was supposed to move to paper ballots by this year. So why didn't they?

MUCH MORE BELOW...

In 2008, Election Integrity of Velvet Revolution's Election Protection Strike Force experts put these bullet points together after reports began coming in of voters having problems on voting machines (e.g., votes flipping from one candidate to another, etc.) I believe they may be helpful again today.

Of course, as we've been urging (even with cartoons!), do all you can to vote on a paper ballot and not on an electronic touch-screen voting system! Check with your state and/or county before you go in to vote today to see if you have the right to request a hand-marked paper ballot at the polls.

But if you must vote on a Direct Recording Electronic (DRE, usually touch-screen) system, and have problems in the process, here is...

What to do if it happens to you:

• Call poll supervisors to observe the problem.
• Fill out a problem report.
• Refuse to vote on that machine.
• Request that the machine be taken out of service.
• Get the serial number of the machine if possible (may be difficult in many cases).
• Tell other voters in line which machine it was and that they should NOT vote on that machine!
• Report it to county/town election office.
• Report it to the Secretary of State.
• Call local reporters and tell them the story.
• Call voter problem hotlines (eg. 866-OUR-VOTE) and report it.
• Contact bloggers and Election Integrity websites.
• Raise holy hell.

REMINDER: Please bring a video camera/cell phone camera when you go to vote so you can document these problems on video tape.

On Election eve, amidst the usual, absurd and evidence-free caterwauling about imaginary "VOTER FRAUD!!!!" (and, man, am I happy to see that there are now tons of other folks in the media finally out there covering that particular scam so I don't have to) a reminder of what real Election Integrity looks like...

Late last week, AOL News asked me to contribute an op-ed for their Election Eve coverage. That op-ed, which they've headlined "Cast Your Ballot Against Electronic Voting", is now posted here...

The upshot of its argument: If Republicans are set to take over the U.S. House, as predicted, and if they've suddenly found religion in regard to the dangers of electronic voting, as they seem to be asserting in North Carolina, in Nevada and in Texas, then it'll soon be their turn to take legislative action to once and for all ban the horrific, anti-democratic (small "d"), 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems plaguing our nation before they are again used to pervert results of the 2012 Presidential Election --- just as they have every year since they've been introduced into our electoral system (by a majority Republican Congress, by the way, in 2002.)

Please check it out and leave some nice (or not so nice) comments there, as you see fit. Lot's of disinformed bumpkins seem to currently be weighing in. Please free to straighten them out. Politely.

Other pieces I've contributed elsewhere of late, in advance of tomorrow's election:
• For Salon: "The Faith-Based Vote"
• For Truthout: "Hacking Harry Reid (or, Sharron's Angle)"

A video of a computer animated "debate" between a Tea Partier and a non-Tea Partier, which has gone insanely viral over the last few days, inspired me to try creating one of my own.

Here my first quick effort. Hope you'll enjoy it and will help spread the word, because while computer generated animations are great, computer generated, unverifiable e-voting ain't. Vote on a paper ballot this year (not on a touch-screen system with or without a so-called "paper trail"), if you can. Here's why...

P.S. I've been asked how voters can make the decision to vote on paper ballots this late in the game. Many states and counties which offer touch-screen systems on Election Day also allow the voter to request a paper ballot at the polls. Others offer voters a choice when voting between "paper or plastic" (touch-screen or paper ballot). For example, in CA, every voter has the right to vote on a paper ballot, even as some jurisdictions tend to simply point voters towards the touch-screens. Check with your state and/or county before voting to find out your rights and if you're allowed to vote on paper on Election Day! The unverifiable vote you cast may otherwise be your own!

North Carolina counties which use touch-screen voting systems will now have to post a "Voter Alert" at precincts warning voters about potential problems with the machines following a complaint [PDF] filed in federal court by the state's Republican Party on Friday. The lawsuit, heard today on an expedited basis, was filed after voters in several counties had reported to party officials that their attempts to vote for straight-ticket Republican ballots were flipping on the screen to straight-ticket Democratic ballots.

Those reports of vote-flipping led to the NC GOP issuing a threat late this week to sue the State Board of Elections (BoE) if their demands were not met to order certain precautions be taken at polling places which used the 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting systems. After the Executive Director for the BoE sent a letter in response to the GOP's demands, downplaying the reported incidents as "isolated" and "no different than ones that must be addressed in every election," the Republican complaint was filed in federal court on Friday afternoon. (The sharp letters back and forth between the state GOP and BoE can be read in our previous report on the NC situation.)

Judge Malcolm Howard tonight also ordered that pollworkers must tell voters to read the printed alert, and that memory cards and other programming materials, records and audit logs from the oft-failed ES&S iVotronic touch-screen DREs must be preserved for examination after the election. Late today, the BoE Executive Director Gary O. Bartlett sent a notice [PDF] to the County Boards of Elections detailing the changes ordered by the federal judge.

The "Voter Alert" to be posted in all precincts using the touch-screen voting systems must read as follows...

Unlike Jan Brewer, who was elevated from Arizona's Sec. of State to Governor by Obama's ill-considered selection of Janet Napolitano from AZ Governor to Director of the U.S. Dept. of Homeland Security, the state's newly appointed Republican SoS, Ken Bennett seems to have the ability to tell the truth every now and again --- even in the days just prior to a hotly-contested election...

TPM has the full story...

In related previous coverage, we outlined this year's 'GOP War on Democracy' here a few weeks ago, reporting on the various fraudulent "voter fraud" campaigns of Rightwing groups who were busy gearing and ginning them up at the time, by noting, among many other things...

[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...

[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 ...

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...