-- Brad Friedman

Congressman Rush Holt (D-NJ) is preparing to drop a new version of the "Voter Confidence and Increased Accessibility Act" legislation which met so much resistance during the last Congress from both Election Integrity advocates and those opposed to any reform whatsoever alike.

A recent draft of the new legislation [PDF], as obtained by The BRAD BLOG, is an improvement over last session's controversial HR 811 bill (which we covered, at the time, in exhausting detail, as indexed on this special coverage page) in that it would ban the use of Direct Recording Electronic (DRE) voting devices by the 2012 general election. However, the new bill fails to ban all forms of computerized touch-screen voting and, indeed, encourages it through federal funding to help jurisdictions move from DREs to similar, but non-tabulating, Ballot Marking Devices (BMDs).

We could well jump out of the frying pan, and into yet another frying pan, if the legislation passes as currently drafted.

BMDs, which often use touch-screens to allow voters to make selections, offer many of the same flaws and dangers that DRE voting systems do, such as: the possibility that votes may be flipped on the touch-screen to selections other than those chosen by the voter (as seen in state after state on DREs over the last several election cycles); failures to boot up and power outages which keep citizens from being able to vote at all; machine shortages which cause long lines, discouraging voters from waiting to vote; and the requirement for voters to attempt to verify the accuracy of their ballots on three separate occasions, before the computer-marked version of the paper ballot is actually cast.

Holt has offered The BRAD BLOG a fairly puzzling response to our concerns, at least as we read it, which we'll share in full below.

Moreover, in addition to encouraging the use of troublesome, expensive, and hackable electronic BMDs, the new bill would federally institutionalize the ability of private election companies to keep their hardware and software from public review by requiring that anyone who wishes to examine the systems and source code for integrity, must show cause, get "approval" from a governmental body (largely, only scientists, academics, or election officials need apply) and sign a non-disclosure agreement before being allowed to do so.

While the bill offers some improvements over previous versions, the major flaws still inherent in the legislation --- as it's currently drafted --- will fail to ensure the security, accuracy, and transparency that American democracy requires and deserves. As a sweeping piece of (much-needed) federal reform, we'd better make sure that we get it right this time, since it'll be years, perhaps decades, before we get another bite at that apple should this legislation actually be signed into law this time...

An official state investigation is now underway into multiple voter fraud charges against Rightwing author and one-time attorney Ann Coulter in Connecticut. The investigation began after a complaint was filed with the state's Elections Enforcement Commission on January 29, 2009.

The BRAD BLOG has exclusively obtained a copy of that one-page complaint which is posted in full, as filed with Joan M. Andrews, Director of Legal Affairs and Enforcement for the commission, at the end of this article.

The complaint was filed by Daniel Borchers, a conservative Christian critic of Coulter's following allegations in the New York Daily News in January that she had illegally voted by absentee ballot in CT, using her parents address there, in 2002 and 2004, despite being a resident of New York City at the time.

Previously allegations by Borchers against Coulter have been the subject of a number of articles over the years here at The BRAD BLOG, and he has, on occasion, even guest blogged a number of times here for us himself.

Though the allegations of Coulter having committed voter fraud in CT in 2002 and 2004 would be her first known instances of casting ballots illegally, they are not the first allegations of such crimes against Coulter. In 2005, after she moved from NY to Palm Beach, FL, she knowingly falsified her Voter Registration Form (a 3rd degree felony), knowingly voted at the wrong precinct (a 1st degree misdemeanor), as well as gave a false address for her drivers license (another 3rd degree felony).

Despite an inaccurate report from AP in May of 2007, subsequently picked up by other media, Coulter was never "cleared" of the voter fraud charges in FL.

The BRAD BLOG has posted indisputable evidence of her FL crimes, including her actual fraudulent Voter Registration Form on which she lied when filling out her own address, official testimony from a Palm Beach pollworker (and the county's former Supervisor of Elections) detailing her knowingly having voted in the wrong precinct, as well as a report from the Palm Beach Township Chief of Police, verifying the crimes.

Coulter, however, was able to escape accountability for the illegalities in FL, due to an inappropriate (and likely illegal) intervention from a former boyfriend of hers in the FBI, and gaming of the legal system, such that the crimes were eventually nullified by the statute of limitations there.

The most recent complaint from Borchers follows articles by the New York Daily News and Lee Stranahan at Huffington Post last month, detailing her apparently-illegal CT absentee voting. But it would not be the first time he would play a roll in this continuing saga...

Guest Blogged by David Safier of Blog for Arizona

If a judge’s ruling in Pima County, Arizona, stands, ballots from the long-contested 2006 Regional Transit Authority (RTA) election will be destroyed, and there will never be a definitive answer as to whether or not the election may have been rigged, as critics have charged.

It’s too late for the actual results of the election to be changed, but knowing whether the election was tampered with is critical to guaranteeing the integrity of future elections, according to local Election Integrity advocates who won a landmark lawsuit, resulting in the unprecedented release of terrabytes of Diebold databases. The databases, containing information on how voters voted, were found by the judge in the suit, to be public records.

Yet, the same people who ran the '06 RTA election are still in charge of elections in Pima County, and the same election software is still in place. If one election was rigged, there is little stopping them from rigging others in the future.

The RTA bond measure was reportedly passed by voters in 2006, but Pima County Democrats and Libertarians believe there is substantial evidence the measure actually went down and the results were flipped in the vote counting computer. The optical-scan paper ballots themselves have never actually been counted. They’re sitting in sealed boxes in the County Treasurer’s office, and may soon be destroyed. The Democrats and Libertarians went to court last month, asking the judge to save the ballots, so they may actually be counted in the future.

In his ruling, however, Judge Charles Harrington's claims he has no jurisdiction in the matter...

Not long after last November's general election, I was invited back to appear on The Gregory Mantell Show to discuss issues of Election Integrity. This time it was just myself and Gregory, on everything from touch-screens that don't work to tabulator hacks to Oprah Winfrey's lost Presidential vote. (The video of my previous appearance on his show last November, as part of a panel discussing the myth of "liberal bias" in the media, is posted here.)

The Election Integrity episode aired a coupla weeks ago on cable TV in Los Angeles, NY and elsewhere. Here it is, for your dancing pleasure (appx 25 mins)...

Remember back in 2000 when the Republicanists belittled elderly (and minority) voters, claiming that 'if they failed to fill out their ballots correctly, and failed to follow the simple voting rules, then they're idiots and their votes shouldn't be counted'? They made the case over and over again, cynically, of course, because it would mean that, even though more voters had intended to vote for Al Gore than George W. Bush (and actually did [PDF], had they bothered to count them all) Bush should still be allowed to "win" the Presidency.

Well, as we've had to say so many times during our previous coverage of the GOP flip-floppery that is the election contest of former Senator Norm Coleman against Al Franken in MN: that was then and this is now.

At right, take a look at the short, approximately 1-minute video of Coleman (and FL 2000 Bush v. Gore) attorney Ben Ginsberg, trying to keep a straight face in a presser after his team argued today that yet another cherry-picked voter/witness whose absentee ballot was legitimately rejected --- in this case because she failed to sign the ballot --- should have her vote counted anyway.

(Video courtesy of TheUptake.org. Disclosure: VelvetRevolution.us, co-founded by The BRAD BLOG, is a financial contributor to TheUptake.)

Like we said, that was then and this now. So never mind that whole "voter fraud" argument. Not useful today for the GOP opportunists. And now, while I'll try to stay out of the deep weeds tonight on today's proceedings at the Coleman/Franken circus (you're welcome), Nate Silver at FiveThirtyEight.com argues convincingly --- based on fairly reliable reads of usually-predictable WSJ and other Wingnut Tea Leaves --- that Team Coleman may ultimately be angling for a do-over. That is, a re-vote for the entire election.

He may be right. Though there may be another plan, even though admittedly, the Coleman campaign is largely making all of this up as they go along, and any or all of the following guesswork may end up being their "strategy"...

We know what the excuse is in MN, but what's the excuse in Riverside County, CA?

Seems there is none, other than County Registrar Barbara Dunmore's hope to ensure the county remains one of the absolute worst places to cast a vote in the entire nation (and there's some stiff competition there!)

Though Dunmore certified the results of last November's election on Dec. 2 as "full, true and correct" --- 28 days after the election, as per state law --- it turns out she's still counting votes, months after the election. In secret...

This afternoon, Day 5 of the U.S. Senate election contest between former Sen. Norm Coleman (R) and apparent winner of the '08 election Al Franken (D), Coleman offered another reason, just in case you needed one, to oppose his return to the Senate:

While we're in favor of "young people," and as many other legal voters who wish to vote, actually getting to cast their votes and have them accurately counted, if you like our currently unreliable electronic vote counting systems, which employ untested, unsecured, hackable garbage, then you'll love seeing that system opened up to the Internet!

All that said, however, where Coleman's case began on Monday as little more than a comedy of one error after another, as we explained in some detail earlier this week, over Days 4 (yesterday) and 5 (today), his legal team seems to have found a bit of footing, even if they've had to counter most of their own legal arguments that they'd made previously to keep ballots from being counted during the post-election hand-counting of ballots.

At the end of that process, Franken was found, by the state canvassing board, to have defeated Coleman by 225 votes, out of 2.9 million cast, even though Coleman was slightly ahead in the vote count during most of that time, and thus, argued adamantly against including as many previously rejected absentee ballots as he could.

But that was then, when he thought he was winning, and this is now, when he seems to be losing...

After all the stuff, nonsense, bullshit, lies, hoaxes, WSJ "editorials", Fox "News" Alerts, Presidential candidate lies, phony "conspiracy" claims, and-wall-to-wall cable and radio garbage that we had to endlessly suffer through, for months on end, leading up to last year's election, about supposed, massive "voter fraud" being committed --- by Democrats, naturally --- it turns out that in one of OH's largest counties, an exhaustive investigation by a Republican Special Prosecutor, appointed by his former GOP prosecutor partner (the Hamilton County Prosecutor who was also a state co-chair for the McCain/Palin campaign), looked into hundreds of "serious" allegations of such "fraud" and found exactly one such case.

One case.

No, it wasn't Ann Coulter. She commits her voter fraud in FL and in CT instead. But it was someone who had already turned himself in. His vote was never counted.

That's it. One case. Out of nearly half a million votes cast in Hamilton County, just one fraudulent vote was found. The Special Prosecutor's report is here [PDF].

After an entire season, using facts and reality-based information to fend off the insidious, America-hating forces of the evil Republican War on Democracy and their attempts to undermine the very core, the very heartbeat of our democracy, of our nation, for little more than attempted, pathetic --- and ultimately futile --- political gain, is anybody gonna apologize here? Anybody?

Rush? Sean? O'Reilly? John Fund? John McCain? John Danforth? Karl Rove? Tom Feeney? "Thor" Hearne? Todd Rokita? Jackasess at Powerline? Jackasses at Redstate? The entirety of the shameful, unpatriotic Fox "News" Channel? Anybody? Any of you liars and cowards and thieves and democracy-hating, facist-loving, Stalinesque, Saddamites have the guts, the courage, the sense of decency --- the love for your country --- to stand up and say you were wrong? That you are sorry?

Anyone? Anywhere?

Of course not. Especially not in Minnesota where not only have they found no such "voter fraud" epidemic --- as committed by Democrats or ACORN or anybody else --- but the Republicans are now trying to include actual fraudulent ballots in the results of the U.S. Senate race. Now that they need them in hopes of "winning".

No apologies, of course, because they'll all be back in two years and the same horseshit will be flowing loud and clear, once again from their democracy-hating souls, out to millions of Americans who are ready to believe --- listening over the corporately-run, though publicly-owned airwaves --- all over again and again and again. And again.

Not that they'll wait that long. Measures claimed to supposedly prevent (non-existent) "voter fraud" --- little more than measures meant to rob minorities, the elderly, students, and anyone else who tends to not vote Republican, of their Constitutional rights --- are moving forward, as John Gideon noted last night, and even as we speak, in TX, in UT, in MS and wherever else you can find depraved, soulless, Republican cretins who despise America, its history, and all that it pretends, and tries desperately, to stand for.

I am ashamed to call you people my fellow citizens.

While former radio talk show host and author Al Franken is consistently described in corporate media reports as "comedian Al Franken," it seems it's the legal team of former Senator Norm Coleman who are providing the laughs in the first days of the U.S. Senate election contest up in Minnesota.

When even the unapologetic, rightwing, "Franken is stealing the election!" nutcases and conspiracy theorists at Powerline describe Coleman's legal case as being of "Three Stooges quality," you know these guys must really be falling apart.

Such seems the case again on yesterday's Day 2 of the trial, following the disastrous Day 1 when the 3-judge panel tossed out doctored evidence, as submitted by Coleman's team. Today's Day 3 doesn't seem to be going much better for them, either.

Yesterday, two of the six voter/witnesses called by Coleman, to testify how they were disenfranchised when their absentee ballots were rejected, actually admitted that their ballots were properly tossed because they were, in some way, incorrectly --- or even fraudulently --- cast...

In what TPM's Eric Kleefeld describes as "a truly brutal moment, one that could undermine the credibility of Norm Coleman's whole case," the Republican fomer Senator's political director was called to testify about doctored evidence, as revealed by Al Franken's attorneys last week, which they'd submitted in their U.S. Senate election contest against the apparent-winner in Minnesota.

By the end of the day today, the first official day of the trial, the 3-judge panel threw out the tainted evidence --- photocopies of rejected absentee ballots where the Coleman camp had either removed written comments from election officials as to why they were rejected, or left in text added by the campaign itself --- and allowed Coleman's team to subpoena and then re-submit the actual ballot envelopes.

Pretty nice of them, considering they could have fined Coleman and/or struck the claim entirely, as Kleefeld notes in his coverage this afternoon.

From TPM:

We are without words. Coleman's attorney "speculated that there may have been a photocopying problem." Sparse details in the rest of the TPM piece on this, but we'll see if we can learn anything further.

TPM's Eric Kleefeld also reports, in related articles, that former Sen. Norm Coleman's attorney was "openly heckled" by one of the judges on the three-judge panel --- this one, a Republican appointee.

And, in other news from Minnesota's U.S. Senate race election contest, apparent-winner Al Franken's bid to have the entire case dismissed was denied yesterday, while Coleman's hopes of receiving permission from the three-judge panel to inspect all ballots and voter rolls (in their search for votes, and hopes of delaying the formal beginning of the trial next Monday) was similarly denied.

Also, Coleman may be getting used to the fact that it looks like he's not going back to D.C.. He's accepted a "temporary" job as "a strategic adviser to the Republican Jewish Coalition (RJC)."

By the way, Franken seems constantly referred to as "comedian Al Franken" in mainstream news reports. Setting aside that he was most-frequently a radio talk show host for years, in addition to the author of several books, we can't recall any other candidate for office so consistently being referred to by their former occupation. Not that there's a bias in the corporate media in this matter or anything, just ask strategic adviser Norm Coleman.

UPDATE 1/26/09: The court tosses Coleman's "doctored evidence" on the first official day of the trial. Details now here...

...For Coleman.

Imagine the round-the-clock phony "outrage" from the Public-air Propagandists (Fund, Limbaugh, Hannity, etc.) you'd be hearing about "felons voting in the MN Senate race!" had the felon voted for Franken. Such as it is, however, he voted for Coleman, so it doesn't actually "matter".

But now that we're here, can we finally do away with these stupid restrictions on felons voting? Especially if they're out of jail, as this one was. He was on supervised release, after being convicted and imprisoned in 2004, when he was 20, for having sexual contact with a 15-year-old girl.

On Election Day, he had left a voice message for his supervisory agent that he was going out to vote, only to come home later to find out from the agent that he had broken the law. He has since pleaded guilty to illegally voting.

"I was just excited that the presidential election was coming up and I would be able to vote," he said. "I had never voted in my life. ... I really wasn't aware that I couldn't vote."

Why should felons --- often more directly affected than most by government laws, good ones or bad ones --- be disallowed from having a voice in the government that makes those laws? Particularly after they've served their time in jail?

I realize that may not be a "politically correct" point of view in many quarters. But I don't care. If you're out of jail, of voting age, able to participate in society, and are bound to the laws of that society, you ought to be able to excercise your voice in that society by being able to cast a vote in a democratically-held election. Period.

I realize that felons, even after release, may have other rights taken from them, but voting doesn't seem as if it should be one of them. If you have an argument to the contrary, of course, I'd certainly be interested in hearing what it is

Guest blogged by John Gideon, VotersUnite.Org

In an October BRAD BLOG article we reported that a court-ordered report highly negative of Sequoia Voting Systems products being used throughout New Jersey could soon be released to the public. Prior to the release date, and then again last week, Sequoia Voting Systems attacked both the report and its author, Princeton University computer science professor Andrew Appel.

On December 18, Sequoia issued a press release with a misleading title and subtitle:

And, on the company's blog, written by VP of Communications and External Affairs Michelle Shafer, she continues the lie:

In an email to this writer, Professor Appel responded to what he says are "false statements about me in two recent press releases" from Sequoia. The BRAD BLOG posts his response in full below, with his express permission...

Yesterday, "Mediabloodhound" Brad Jacobson (an occasional guest contributor to The BRAD BLOG) covered the coverage, noting the curious lack thereof, in the corporate mainstream, of the death of Mike Connell, the longtime top Bush/Rove/McCain IT consultant.

Jacobson's piece concludes:

Shortly following the publication of Jacobson's piece, AP/CBS filed a rather detailed report, one which is actually quite thorough by MSM standards.

Nonetheless, it's still been fairly quiet in the bulk of the MSM, especially in the broadcast MSM, and especially given the high-ranks of Connell, who had been the chief IT consultant for Karl Rove, had received millions creating websites for the Bushes, McCain, the Swiftboaters, the state of OH and dozens of other GOP campaigns, as well as having created the network firewalls for top Congressional committees (for which his company reportedly received a sweetheart, no-bid contract) and the controversial alternate email server used by the White House and at the center of the US Attorney purge scandal.

Let's hope the AP/CBS report will now spur more MSM coverage...just in time to be lost in the XMas news hole, of course.

A few more odds and ends of note today on this matter, as we head into that news hole...

I'm not sure what, if any, light this video --- as shot by local eye and ear-witnesses in Akron, OH --- sheds on the plane crash and death of high-ranking GOP IT operative Mike Connell. But, as it may reveal something, to somebody, in the still-unexplained, and surprisingly-timed crash, I suppose it may useful to put it on the record here.

For example, despite scattered reports that bad weather may have contributed to the cause of the crash, the weather seems to have been clear, at least on the ground, at least by the time the witnesses arrived, as seen in the video. Reports of "mist" seem to be belied in the early part of the video, shot through the front window of the car which does not appear to have its windshield wipers on. [UPDATE: RAW STORY also reports weather data during the hour of the crash, noting visibility was clear, and temperatures just above freezing.] Also, several descriptions of what was heard by the "ear-witnesses" as the crash occurred, may be of value as well.

The video, and an audio interview with OH attorney Cliff Arnebeck, who had sought Connell's protection after reported threats from Karl Rove, follow below...