Straight-party ticket voters have long been getting screwed by touch-screen voting systems, whether they knew it or not, in election after election, as the systems have failed in various ways in states around the country for years.

But, for a modicum of good news on that front, finally, last week a panel of federal judges in Dallas County, TX, have responded to a lawsuit from the Texas Democratic Party --- who finally bothered to notice the problem --- by halting the use of such systems until corrective action of some sort can be taken. As the Dallas Morning News reported the county's E&S iVotronic touch-screen voting systems have now been decertified for the moment, leading the chair of the Texas Democratic Party to declare a "victory," even as he went on to demonstrate he still seems somewhat unaware of the overall problems of voting at all on such systems...

Earlier this month, a two-month independent investigation of ACORN, by former Massachusetts Attorney General Scott Harshbarger, found incidents of mismanagement, but no criminal wrongdoing by ACORN, the favorite whipping boy of Republican scammers such as Glenn Beck, Rush Limbaugh, Fox "News" and the GOP itself. That investigation (full report here [PDF]) also found that the "sting videos" used recently against ACORN were highly doctored and manipulated.

Of course, readers of The BRAD BLOG know the Republicans' entire, long, sad, anti-democratic (small "d" and large "d" both) campaign is based on little more than the fact that ACORN registers millions of legal low and middle income voters who tend to vote overwhelmingly Democratic (large "d") rather than Republican, and the GOP and their democracy-hating proxies will go to any lengths to keep those legal voters from exercising their legal franchise.

And today, once again, ACORN is cleared of wrongdoing vis a vis yet another independent investigation, this one by the Congressional Research Service [PDF], as noted in a press release from U.S. House Judiciary Chair John Conyers this afternoon (posted in full below).

Of most note to our readers, Conyers' statement points out what we've been pointing out - over and over and over again for years: "There were no instances of individuals who were allegedly registered to vote improperly by ACORN or its employees and who were reported 'attempting to vote at the polls.'" Who knew?! What a surprise! (At least to Fox "News" viewers, who probably won't hear about this report either.)

Also: "No instances were identified in which ACORN 'violated the terms of federal funding in the last five years.'"

And: "Recently enacted federal legislation to prohibit funding to ACORN raises significant constitutional concerns. The courts 'may have a sufficient basis' to conclude that the legislation 'violates the prohibition against bills of attainder.'" That finding is one that a federal judge also recently concurred with, when she issued an injunction earlier this month to keep the law from taking affect since ACORN had "been singled out by Congress for punishment that directly and immediately affects their ability to continue to obtain federal funding, in the absence of any judicial, or even administrative, process of adjudicating guilt."

Finally, according to today's report, Andrew "Drudge's Poodle" Breitbart's phony video-taped "sting operation" against ACORN may, itself, have violated the law in both California and Maryland, about which we might ironically recommend to prosecutors: "Capital punishment" for Andrew Breitbart!

The short press release from Conyers, announcing the new report's bullet points, follows below...

UPDATE: And coverage of the NYTimes burial of this report, now follows below it...

I'll be appearing for a Q&A in St. Louis on Tuesday (12/15 @ 7:30pm), after a screening of Patty Sharaf's award-winning documentary, Murder, Spies & Voting Lies: The Clint Curtis Story featuring both myself, and our reporting here at The BRAD BLOG on the Republican computer programmer turned vote-rigging whistleblower.

The screening is part of the traveling Burning Fuse Film Festival which hits Webster University's Film Series this week. Murder, Spies... will screen Tuesday, December 15 @ 7:30 in St. Louis at Webster's Winifred Moore Auditorium, 470 E. Lockwood, Webster Groves, MO, Directions/Map, More info: 314-968-7487.

Hope you'll stop by and say hello! Here's a flier [PDF] if you're in the hood and feel like helping to spread the word!

(NOTE: If you're not near St. Louis, or even if you are, but would like to support our work, we are still offering DVDs of the film, as signed by both myself and Sharaf, as premiums to supporters of The BRAD BLOG. We enjoy no corporate or foundational funding, so we appreciate whatever you are able to offer to help us continue our work. See this item for details...)

My latest special to the Right-leaning Gouverneur Times of Upstate NY details multiple "urgent" warnings that state and federal officials received over the last year from multiple election advocacy groups concerning the dangers and pitfalls of the state's e-voting pilot program which came crashing down on voters during the recent NY-23 Special Election for the U.S. House.

They were warned, over and over and over again, about the dangers of using uncertified e-voting systems in real live elections, yet, despite the concerns expressed by experts about using real voters "as guinea pigs," it appears officials took no action in response.

Here's my exclusive over there...

On the road and short on time, so forgive the lack of background... Politico tells the story --- though they fail to use the word "caging" because, well, it doesn't make the GOP look so great, and that's what the main interest of Politico seems to be in just about everything they do. They do, however, liberally use the Orwellian phrase "ballot security" instead, as the GOP no doubt appreciates.

These grafs from Politico, summarizing the RNC's rejected argument for moving to throw away the national consent decree they were forced to sign in the 80's, after getting busted caging minority voters from the voter rolls (illegally suppressing their vote) are rather amusing...

Guest blogged by Ernest A. Canning

The Association of Community Organizations for Reform Now (ACORN) has won a substantive victory on behalf of the voters of Ohio --- perhaps hundreds of thousands of them --- via a court case filed in 2006, challenging a number of voter suppression tactics employed by the state's then Sec. of State, J. Kenneth Blackwell (R).

The victory may lead to the enfranchisement of "hundreds of thousands of voting-eligible low-income Ohioans" according to one of the attorneys involved in the case, yet it looks like Fox "News", Matt Drudge, and all of the other Rightwingers may have forgotten to post a thank you note to ACORN this week for their successful battle to strengthen the growth of democracy in the U.S....

I've covered the problems and failures in NY-23's recent Special Election for U.S. House in a number of previous articles here at The BRAD BLOG, detailing some of the early problems with results as they emerged, pointing out that, thanks to Republican precedent in 2006, it now no longer really matters whom the actual voters may have voted for, but arguing that a full manual hand-count of paper ballots would be appropriate nonetheless.

Over the holiday weekend, the good Richard Hayes Phillips --- author of the book Witness to a Crime, in which he painstakingly detailed, ballot by ballot, the scandal which was the Ohio 2004 Presidential Election --- reported on some curious numbers he's now found in that election, over at the right-leaning Gouverneur Times. As luck would have it, Richard is a resident of NY-23 himself, and seems to be finding that both "impossible" and then many more "improbable" tallies were certified, as NY tested its Seqouia/Dominion e-voting systems on live voters, in a real, live election, for the first time earlier this month.

Both of his pieces are worth a quick read over there.

And now, the Gouverneur Times has asked me to put together a bit of a "backgrounder" for them on all of these e-voting nightmares, and how they pertain to NY-23, since it seems that right-wingers, for some odd reason, are somewhat lacking (up until now anyway) in real information on just how dangerously insane our privatized system of e-voting in public elections has become. Too much time spent being fooled by ACORN-conspiracists like Andrew Breitbart and Fox "News," I guess.

My piece for them, "NY-23, Sequoia and the Private Corporate Takeover of Your Once-Public Democracy," as written over the weekend, following the latest in a string of embarrassing "concessions" and "un-concessions" by the Conservative Party's Doug Hoffman, is now their front page lead story if you (or Breitbart) care to give it a look.

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...

On Thursday, Nathan Barker of upstate New York's Gouverneur Times --- a far-Right online publication (featuring columns by the likes of Michelle Malkin, Oliver North, Chuck Norris, and all the rest of the wingnutters) --- filed a lengthy, and somewhat breathless, report alleging a computer virus had infected several of the new e-voting systems in first-time use during the November 7th Special Election in NY's 23rd Congressional district between Democratic candidate Bill Owens, Conservative Party candidate Doug Hoffman, and Republican Dede Scozzafava (who dropped out of the race just prior to Election Day and threw her support to the Democrat).

Barker charged that a "VIRUS in the VOTING MACHINES" [his caps] resulted in "tainted results," "casting doubt on the accuracy of counts retrieved from any of the machines" used in the election.

Owens was reported to have won the election by a small margin on Election Night --- made smaller as errors were discovered during the post-election canvass --- before being hastily sworn in to the U.S. House just a few days later, in time to provide a crucial Democratic vote in favor of the health care insurance reform bill.

Barker's detailed report clearly offers a hard-right undertone, obviously in support of the Conservative Party candidate Hoffman. The article also advances several unsubstantiated conspiracy theories and features a number of out-and-out inaccuracies as well. A number of the piece's key allegations, though important, are also disputed by election officials, and at least one lead member of New York's election integrity community --- which is, itself, split between supporters of the new optical-scan e-voting systems and those calling for the retention of the Empire State's long-used mechanical lever voting machines.

Nonetheless, Barker raises a number of significant points and important concerns, about which The BRAD BLOG has been warning for years, often in the face of derision, notably from the same Rightwing circles crying foul now, who had previously dismissed such concerns as those of 'tin-foil hat wearing, sore losers and conspiracy theorists' despite actual hard evidence and scientifically-sound details proffered about such concerns.

It's somewhat amusing to see some on the Right, now that they have concerns about a close election, suddenly find religion on the very issues they'd derided as nonsense so stridently in the past. It's very tempting to either disregard them now entirely, or torture them mercilessly on that point. But we'll try to take the high road here since their central concerns, now that they've finally arrived and no matter how long overdue, have been ones that we've shared for years, whether or not they might have stood to adversely affect Democrats, Republicans or independents.

The bottom line is that whether a computer virus, malicious or otherwise, affected the results of the NY-23 Special Election or not --- we've seen no actual evidence that it did, and state officials offer a differing explanation for the e-voting system failures that did occur --- it certainly could have. The direct threat to democracy inherent in the concerns expressed by Barker (whether substantiated or not), underscore the foolishness of using such secret vote-counting systems at all. In New York --- where voters, in real elections, are essentially being forced to serve as beta testers of these new, federally-uncertified systems, made by a company with a long track-record of failure, lies, obfuscation, near-bankruptcy, secretive foreign ownership, election disaster after disaster, and dissembling to the media, as well as federal, state and local officials --- the foolishness is all the more apparent, unnecessary, unfortunate and a clear and present threat to democracy itself...

NY-23's failed Conservative Party Congressional candidate, Doug Hoffman, now says he was "forced to concede" (though it's not clear who forced him, and the concession, as BRAD BLOG readers know, has no legal standing in any case, and, as we noted last week, neither do the voters of New York for the most part, at this point).

But now, as it turns out, Hoffman has also discovered that ACORN stole the election! Not a surprise, given that a new public opinion poll finds that a majority of Republicans think ACORN stole the Presidential election, too! [Hat-tip Digby]:

But NY-23 and the 2008 Presidential election is not all that ACORN did! You can learn more about their stunning crimes (e.g., "ACORN is behind the Eggo Waffle shortage!!!") via #AcornFacts, the new topic that's taking Twitter by storm today...

Guest Blogged by Rebecca M. Abrahams

On December 18, 2008, Bush IT expert Mike Connell, a highly skilled pilot, was killed in a sudden crash while flying his small aircraft from Washington DC to his Akron/Canton home airport. The cause of the crash is still unknown and under investigation by the National Transportation Safety Board.

For more than ten months, Connell's family has been coping with feelings of disbelief, anger and confusion and has many unanswered questions about the man they knew and loved.

For Connell's widow Heather, holding her husband's New Media consulting firm together is a daily struggle.

"The more I learn about the crash the more sick it makes me - the destruction of the plane. I found a pack of the I-pod ear buds in a tree. I'm obsessed with the Blackberry. I don't have the Blackberry. I have his backpack. I have his paperwork, his schedule. None of his paperwork is burned up. One of his prayer books burned on the outside. I think there was a lot thrown from the plane."

Although mainly un-reported, there's a great deal of controversy surrounding Connell's death - largely in part because he was the architect of many Republican websites including GeorgeWBush.com and GWB43.com, the site Karl Rove used for 95% of his email correspondence. Connell was also considered a key witness in the election fraud lawsuit King Lincoln Bronzeville Neighborhood Association v. Blackwell. The suit implicates Former Ohio Secretary of State Kenneth J. Blackwell, Karl Rove and others of 2004 election night vote rigging.

Attorneys in the case believe that Connell, who had not been accused of any wrongdoing, had firsthand knowledge about the missing White House emails and Rove's alleged wrongdoing with respect to the 2004 Presidential election.

His wife, and those attorneys, are not the only ones still focused on questions about what actually happened to Mike Connell nearly one year ago, and in the years prior...

In 2008, election integrity advocates in Tennessee won a hard and long-fought victory as the state legislature finally passed, on a bi-partisan basis, the Tennessee Voter Confidence Act (TVCA) requiring the state's wholly unverifiable touch-screen voting machines to be replaced with precinct-based optical-scan paper balloting in time for the crucial 2010 general election.

But in November of 2008, as the state was still using its completely faith-based electronic voting systems, it somehow managed to buck the national trend as the only state in the nation to see legislative gains for the Republican Party which managed to win a majority in the statehouse in the bargain. Ever since, the GOP majority, along with the Republican Secretary of State and Election Director, have been fighting against implementation of that paper ballot law.

A move in the legislature to delay the law until 2012 was narrowly defeated --- by a single vote --- earlier this year, but the state's Republican apparatchiks have continued attempts to forestall following the rule of law.

Late this week, however, a Nashville judge issued a ruling in a case brought by Common Cause seeking to force Secretary of State Tre Hargett to immediately implement the law he's so far refused to act on...

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.

The Wall Street Journal's cowardly liar and "voter fraud" fraudster John Fund appears to be running out of fresh "voter fraud" lies to feed to Fox "News" viewers. According to Media Matters today, in advance of tomorrow's gubernatorial election in New Jersey, expected to be a very close race, Fund appeared on Fox's Glenn Beck show and related an anecdote of supposed fraud now going on in the Hispanic community in Camden.

"People are going door to door in parts of Camden with Hispanics that don't have very much knowledge of English, and they're saying, 'We have a new way for you to vote, la nueva forma de votar; just fill out these papers.'"

Trouble is, the incident that Fund claims is going on right now actually happened in Philadelphia 16 years ago, as even Fund himself admitted in his own WSJ column published just hours before his appearance on Fox today...

For various reasons, now seems a good moment to mention that The BRAD BLOG was honored this year with a prestigious Project Censored 2010 award for our coverage of the mysterious death of the GOP's IT guru Mike Connell. Connell, for those unfamiliar with the story (see background links at bottom of this article) was in the process of testifying about his rumored role in helping the GOP carry out fraud in Ohio's '04 Presidential Election when he was then reportedly threatened by Karl Rove. Weeks later he suddenly plunged to his death in a single-engine plane crash just before Christmas last year as he was preparing to land near Akron, on his way home from one of his frequent trips to D.C..

My colleagues Mark Crispin Miller and Larisa Alexandrovna and Muriel Kane were also honored by PC for their own coverage of the story.

Project Censored, based out of Sonoma State University, has been highlighting overlooked stories each year since 1976, and was recognized by Walter Cronkite as "one of the organizations that we should listen to, to be assured our newspaper and our broadcasting outlets are practicing thorough and ethical journalism."

In addition to our "Excellence in Investigative Journalism" award from PC this year, as highlighted in their annual "Top 25 Censored Stories for 2010," I was also asked to write a chapter on problems faced by voters in Election 2008 for this year's book, Censored 2010: The Top 25 Censored Stories of 2008-09.

Co-Editors Peter Phillips and Mickey Huff have been kind enough to offer us a number of signed copies at a reduced rate so that we can offer them as premiums to readers of The BRAD BLOG to help continue our work here.

The 9,000 word chapter I wrote for the book is titled "Election 2008: Vanishing Votes, Disappearing Democracy and Media Misdirection" and includes sections named "And You Lose Your Vote! And You Lose Your Vote! And You Lose Your Vote!..."; "First Worst in the Nation"; "America Flips Out, Media Barely Notices, Parties Barely Care"; "Democrats Nowhere to be Found"; and "Pay No Attention to the Man Behind the Curtain."

If you'd like a copy of this great book (Makes a great holiday gift! I'll sign it as well, if you wish!), chocked full of important, overlooked stories from the last year or so, along with follow-ups to them --- and a lot of real information on the story of Election 2008 seen here for the first time in print --- please do one of the following:

• Donate $50 or more to The BRAD BLOG
• Alternately (and even preferably!) sign up for a monthly sustaining donation of $15 or more in the blue box in the right sidebar on this page, or
• Send a check for $50 or more via snail mail, (note when sending that it's for "Censored 2010"), to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028

Your support is greatly appreciated, and tremendously needed, as we receive no foundational or corporate support for our work here! Your contributions are largely the only thing that keep us going! So thank you in advance for any help here!

Links to The BRAD BLOG's most recent coverage of the Mike Connell story follows below...