-- Brad Friedman, The BRAD BLOG

Our Spidey-sense started tingling before going to bed last night and hearing reports, on MSNBC, that there were 17 paper ballots cast in Dixville Notch, NH, in its midnight, first-in-the-country voting. The report said that there were only 16 registered voters in the tiny voting precinct, yet 17 votes had been cast --- suggesting that somehow, paper ballot "voter fraud" skullduggery was afoot.

Following on that, reports throughout the day appeared that NH precincts were out of paper ballots, and voters were unable to vote.

Trouble is, both reports are either completely untrue, or wholly misleading, or both, as The BRAD BLOG was able to confirm with two simple phone calls.

Each of those reports, however, would seem to go a long way towards giving the impression that paper ballots are a bad idea, and that "voter fraud" is easy to commit when using them. Given that one of those reports seems to have begun on The DRUDGE REPORT earlier today, we're not particularly surprised that the MSM kept repeating the easily-debunked stories running all day.

That, even while there are reasons to be concerned about how the paper ballots used in the New Hampshire Primary will actually be counted by the hackable Diebold optical-scan systems used in the state, as controlled and programmed by an outrageously bad private contractor there...

The entire debate over e-voting may well be just about to change. Hopefully for the better. Big time.

Editor & Publisher's editor Greg Mitchell, has tipped off The BRAD BLOG late this afternoon, that the New York Times Magazine is set to run a "massive" cover-story this Sunday, on the entire e-voting disaster titled "The Bugs in the Machines."

Better late than never?

Mitchell describes the story as "quite chilling" in the exclusive preview he's just posted to his new personal blog. Here's the first coupla grafs from his scoop...

UPDATE 1/5/08: The entire, nearly 8,000 world article, is now out, and posted right here. It looks very good on first glance. But more later as we get a chance to review it in full.

And no, for those who've asked, The BRAD BLOG was neither consulted for, nor mentioned in the Times lengthy story (unless you consider "fringe...disgruntled citizens and scared-senseless computer geeks" to be a mention. Though we guess it's better than the Times original take on us, from November 20, 2004, which referred to election integrity issues as "the conspiracy theories of leftwing bloggers," just after we began investigating and reporting on the very issues which make up the basis of today's 8,000 word, better-late-than-never, New York Times report.)

We accept your apology.

One quick inaccuracy in the story, for now, which is small, but we feel important to correct for the record: Once again, Prof. Ed Felten of Princeton University has misled the NY Times about the origins of the Diebold touch-screen system his team used for their landmark virus hack in the summer of 2006.

He is interviewed in the story, in relation to the study, in which his team was able to easily implant a virus. It's reported, in the story, that the machine was "anonymously donated" to him. It was not. Which he well knows...

Reports of hundreds dead in violent riots following Kenya's recent Presidential election continue. In the contested race, the incumbent President Kibaki was announced the winner, despite "pre-election opinion polls and early media tallies" which suggest that the challenger, Odinga, should have won.

Of particular note however, was this instructive graf, from AFX News Limited's coverage over the holiday, which caught our eye...

Got that? Because results were announced at the polling place before being sent away, it was possible for there to be checks and balances by election observers against the official central count as released, and possibly gamed, by the centralized election officials.

We'd hope the above point will be carefully noted by folks like Ohio SoS Jennifer Brunner, who has recently recommended against decentralized precinct-based counting, in favor of central county-level counting (see our recent exclusive interview with her on those points); those who have been pushing for all Vote-by-Mail elections of late; and those folks who are monitoring Iowa's caucuses on Thursday.

The Election Integrity advocate gets quoted in graf 3 of an AP story on Election Integrity. Go figure...

Nice. That, as opposed to the EI expert showing up, maybe, in the penultimate graf, only to be finally countered at the end by the voting machine company spokeshole or election official who then lies: "Everything's just fine! Our machines work great!"

What runs via AP matters, as its picked up by, um, everybody. So it's good to see them covering this issue finally, with our buddy John Gideon getting the featured prominence he deserves, in a story which will likely be widely read.

And now to be both beggar and chooser: there's a minor error or two, a couple of dubious points in the story, and, most notably, a quote or two (one from the CO SoS) that underscores the failure of AP, and the rest of the corporate media, to adequately report on this issue, at least up until now...

At least someone's bringing some accountability of some sort this year....

Looks like our old friends at Diebold have left us with an end-of-year gift, as their share prices continued tumbling today to close the year at $28.98/share. Just a smidgeon above their 5-year 7-year low set earlier in the day. (DBD stock hasn't been this worthless since April of 2001.)

But, as we reported in our recent summary of the years-long undoing of one of America's worst voting machine companies (we know, it's a close contest), there has yet to be any accountability, for the company insiders who, with stunningly fortuitous coincidental timing, just happened to sell off thousands of shares at $53.04 last August.

Those lucky executives moved at just the right time, right near the year's peak of $54.50, last August, and just prior to the precipitous 43% plunge over the rest of the year. We --- and we alone, unfortunately --- reported on that apparent insider trading just after the sell-off in late Summer.

Whether the recently announced DoJ investigation of Diebold has anything to do with that chicanery, we can't tell ya. And we're still waiting for any of the thousands of Election Officials, who've been screwed by the once-beloved America-hating company, to file suit themselves. But at least the shareholders, if no one else so far, are beginning to bring some accountability.

Happy New Years, Diebold! We'll see ya on the other side. And that's one thing upon which, you can finally count correctly, for a change...

"To date, the Kansas GOP has identified and caged more voters in the last 11 months than the previous two years!" brags Kansas GOP chairman Kris Kobach in his end-of-year letter.

Blue Tide Rising has the scoop, along with details on what "vote caging" is, for those who don't know by now. We should note, however, it's not immediately clear from Kobach's letter what exactly he means by his use of the term, and if he's referring to the illegal type of caging or not.

In any case, it's clear that the undemocratic (small "d") practice of working to keep Democratic (large "D") voters off the rolls, through any means necessary, in order to keep them from voting, through any means necessary, has been mainlined as perhaps the top strategy for the GOP in 2008. Even Bush's Dept. of Justice, under the hand of John "Minorities Die First" Tanner, has now been officially mobilized to direct such practices on behalf of the Republican States of America.

For more, see PBS's long-overdue video report from last summer, on the GOP's sordid history of vote caging and the corporate American mainstream media's failure to cover it when it might have mattered.

Plus, Crooks & Liars has details on the piece of work that is this Kris Kobach, a former counsel to then-Attorney General John Ashcroft.

BushWorld "Reality", meet Tipping Point.

As we head into the holidays (just past O'Reilly's "nine days of Hanukkah"), the wheels continue to come off, if still maddeningly slower than they should, in one case of White House/RNC corruption and/or fraud after another. We used to be able to keep up with the bulk of it. But no more. We throw in the towel, as developments and new cases are now coming faster than Executive Branch officials can declare a suddenly-discovered need to 'spend more time with their families'.

In matters of Election Fraud, a particular specialty of The BRAD BLOG, the under-reported pickings, from which we previously had to choose, were mighty, but slim enough that we could at least touch (if not a great deal more) on most of them.

But no more. And thankfully, of course. Even if it's a bit frustrating not to be able to bring you every step, in every case, as they are now coming fast and furious across the nation.

Several such cases, of what clearly are of enormous import, of late, have received some good coverage elsewhere --- for a welcome change. So we take some solace in that, at least, even if we don't have the resources to keep up with all of them, much less advance them a few steps ourselves, as we always prefer.

But we should at least touch on a couple of them, a bit, for the historical record, here at America's Election Fraud Authority, The BRAD BLOG. Please read on for some pointers to two emerging and mind-blowing stories of apparently rigged elections, that you may, or may not, have read about yet.

Seriously, read on...

Guest Blogged by Michael Bryan, Esq.

Judge Michael Miller, in a carefully reasoned and balanced opinion, today ordered the release of the final Diebold GEMS tabulator database files from the contested 2006 Regional Transport Authority (RTA) election 2006 primary and general elections . The judge denied, without prejudice, full public access to every MDB and GBF database file for the 2006 elections in the possession of Pima County until and unless the plaintiffs can address remaining security concerns which might arise from that larger release.

[CORRECTION: Several correspondents point out correctly that the databases for the 2006 Primary and General elections have been released, but not those of the RTA election, which was a mid-year election. Sources near the case speculate that perhaps the judge believed that the RTA election may have been tampered with and did not want further controversy around the results of that election.]

[UPDATE: For a detailed analysis of the judge's ruling see my post on BlogForArizona.com.]

The BRAD BLOG has been following this case closely because unsecured tabulation systems like GEMS are widely used in American elections and completely open to insider manipulation. For background and detailed commentary about the case see my 12/8/07 wrap-up post on the trial.

The immediate goal of the Democratic party --- to be able to look closer at the final election databases for the 2006 election --- is fully satisfied by the ruling. But the broader goal of being able to look at a time series of backups for discrepancies or discontinuities that could indicate manipulation, as Arizona Election Integrity advocates have feared, is stymied for the moment...

Guest Blogged by Howard Beale of Fired Up! Missouri...

In an irony of ironies, the man famous for fabricating --and then suddenly disappearing-- an organization expressly for purposes of spreading misinformation about "voter fraud" in order to suppress Democratic vote counts, is now hitting classrooms to teach Missouri lawyers about campaign finance laws and lobbyist disclosure.

Thor Hearne is apparently set to headline an event next week sponsored by the Missouri Bar which is titled "Then and Now: Update on Campaign Finance and Lobbying Laws."

Perhaps Hearne will lovingly detail all the steps that one can take --hypothetically, of course-- to concoct front organizations that serve as proxies for partisan interests and then lobby legislatures for needless statutory changes that will strip away rights from legal voters and provide their party with structural electoral advantages.

This appearance by Hearne seems to be the latest in a series of contrived efforts to re-enter the public sphere after several months in hiding. Hearne largely disappeared from the scene after he became a touchstone of the actions of a corrupt and politically motivated Department of Justice --- who brought "voter fraud" prosecutions timed to coincide with elections, in violation of written DoJ procedures, etc. --- and suffered well-deserved beatings at the hands of Congressional investigators.

Hearne has recently surfaced, comically, as an election "expert" in a silly piece from the St. Louis Post-Dispatch's Jo Mannies and as the author of an amicus curiae brief on behalf of 41 Congressional supporters, including Missouri GOP nuts Sen. Kit Bond and Rep. Roy Blunt, of Indiana's anti-voter voter identification law which is currently before the U.S. Supreme Court. Presumably, Hearne believes that people have somehow forgotten that he was proven to be a charlatan and laughingstock just a few months ago. Neither FiredUp! Missouri nor The BRAD BLOG has forgotten.

The one saving grace of the Missouri Bar's seminar may be that Hearne's anti-rights ranting will be balanced out by one of his co-presenters, attorney Rob Heggie, who possesses a long record of standing up in favor of protecting the rights of Missouri voters.

For more information on the "non-partisan" tax-exempt ACVR "Voter Fraud" scam and the snakeoil salesmen who invented it, Bush/Cheney '04 National General Counsel Mark F. "Thor" Hearne and RNC Communications Director Jim Dyke, please see BRAD BLOG's full Special Coverage of the "American Center for Voting Rights" at https://BradBlog.com/ACVR.

The anti-democracy faction of Ohio's GOP party launched an extraordinary assault on the state's elected Secretary of State, Jennifer Brunner, following the release (BRAD BLOG's full coverage here) of her landmark, independent study of e-voting systems on Friday.

Shamelessly (an inaccurately) writing on the Ohio Republican Party's blogsite, an unnamed writer posted the following opening to a critique of the $1.9 million bi-partisan study [strikethrough included in the original]:

"Left-wing activists"? Incredible. And wrong. And slimy enough on its own --- never mind the rest of the blog item, which gets even worse, as posted by an unnamed election terrorist from the Ohio GOP --- to merit an immediate apology and retraction by the Ohio Republican party, along with the outing and firing of whoever the official was who wrote it...

Guest Editorial by Kenneth Anderson

Endlessly mundane and always uninformative, the moribund struggle for party nominations in what we so disrespectfully still call the "presidential campaign" inhabit a realm of such vacuous inanity one can palpably sense malignant tumors of ennui forming within.

While would-be Republican candidates spar for the GOP nomination by appealing to brain stem functions (that is, when they're not extolling us with tales of their heavenly devotion), Democrats carry themselves at only a marginally elevated level. This is not to say that there are not candidates --- on both sides --- who would like to raise the bar and address actual issues and policy, but those are shunned by our craven and cack-handed media mavens, who never seem to tire of their perceived role as king-maker in what has become --- for the world's "greatest democracy" --- an embarrassing spectacle of the most base and primitive dimensions. I suspect if media moguls could get Romney and Huckabee to square off in a cage fight, well, that would be next on the tour of the candidates. Who needs all this talk? Though the American public demand campaigns of substance, there appears too little of that on the political horizon, while furry idiots like Wolf Blitzer express puzzlement at the term "triangulating" as it pertains to Hillary Clinton.

What we constantly hear from the corporate media, though it is never stated quite so bluntly, is that those with the money become the kings. The American political campaign system is now a big-money bonanza for media corporations. These corporations prop up candidates with the most money knowing full well that that money will come straight back to them in the form of campaign advertising. The media are now simply advertisers for the biggest political spenders, which is perhaps the reason why the campaign cycle is now virtually continuous. It is a positive feedback loop, reinforcing in the minds of the public that the only viable candidates are the ones with the money, the polls reflect this, more money pours in for those "viable candidates," which in turn cycles right back to the media money machine.

Which is why I am constantly amazed that the so-called "progressive" blogs have chosen to endorse corporate-backed candidates like Hillary Clinton.

Though Dennis Kucinich espouses ideals resonant with most liberal voters, he is as marginalized by progressives as much as the mainstream media as "unelectable," though no one ever seems to understand or explain exactly what that means. Is it his ears?

By all appearances, blogs such as dKos, MyDD, etc, have now simply become another arm of the Democratic party and their backing of the major, big-money candidates simply because they are deemed "electable" entirely betrays the original purpose of their fora.

Guest Blogged by Alan Breslauer

The first part of "Bush League Justice", a special four-day investigation by MSNBC's Dan Abrams into the Bush administration's politicization of the Justice Department, which Brad previewed yesterday, began with a look into the "department's almost unrecognizable Civil Rights Division" (at left, 8:27).

According to Abrams, the Bush administration "has turned the Division against the very people it was designed to protect. Instead of pursuing discrimination cases on behalf of African Americans, the Bush Civil Rights Division has focused on supposed reverse discrimination cases against whites and religious discrimination cases against Christians." Abrams points out that between 2001 and 2006, "not one voting discrimination case was brought on behalf of African Americans."

The segment continues with Abrams questioning former DoJ attorneys David Becker and Alia Malek about the Bush administration "stack[ing] the deck against Democrats." In one example given by Becker, congressional redistricting plans thought to favor Democrats would get "very, very, serious scrutiny" while redistrictings that favored Republicans would receive a "very hands off approach" even if, as was the case in Texas, the plan was unanimously found to discriminate against Hispanics by career Justice Department officials.

In addition to stacking the deck against Democrats, Abrams states that the Justice Department has been "hijacked" by the far right. After evidencing this claim with a couple of telling statistics, a somewhat exasperated Abrams continues, "They fundamentally changed what the Civil Rights Division does. It's no longer there to protect African Americans. It is to go after reverse discrimination cases and also to try and promote religion in schools and other public places."

Part 1 continues (at the 6:15 mark) with Abrams playing the "pretty amazing statement" by John Tanner, the current chief of the DoJ's Voting Rights Section, about minorities not being disenfranchised by Photo ID laws because they "don't become elderly the way white people do, they die first." Unfortunately Abrams, like many in the mainstream media, failed to credit The BRAD BLOG for our original video and reporting of the incident.

Despite the slight we look forward to more excellent reporting on this long overdue topic throughout the week.

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ..

The final day of testimony over the Pima County Democratic Party's public records request featured the remainder of the county's witnesses for the defense, a surprise call on an adverse witness, and pugnacious closing arguments. The matter now rests with Judge Michael Miller, who says he will decide the case within the next two weeks.

To get up to speed with details on what this trial is about, please see my introductory post. If you haven't been following along, you may want to take a look at my summaries of the first day, the second day, and the third day of trial.

In brief, the Pima County (Tucson) Democratic Party is demanding Pima County release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, arguing that they are public records. The GEMS software is highly insecure, allowing anyone with access to the computer it runs on to manipulate the outcome of elections at will and likely cover their tracks. Elections are thus highly succeptable to manipulation by elections insiders, and there is no way to detect or deter them without access to the databases for forensic analysis. Pima County's position is that we should trust them to take care of that risk through internal checks and balances, and that releasing the databases simply creates more security risks by outsiders seeking to hack an election.

The county's expert witnesses were Merle "the Man from Diebold" King, and Dr. John Moffatt, a consultant for Pima County's IT strategy. Summaries of and commentaries on their testimony is available on BlogForArizona.com, along with an detailed chronicle of the entire trial.

Both experts sought to convince the judge of the many security threats posed by release of the GEMS databases, and in my view, failed to sustain that position under the cross examination of the Democrats' attorney Bill Risner. Risner poked holes in all the threat scenarios the experts presented, showing them to be impracticable, absurd, or simply undefined.

Here's Risner's closing argument:

Click To Play

Blogged by Brad Friedman from the road...

We're too sickened by it to cover the details --- many of which we've covered Exclusively over the last two years --- so we'll refer you to our CoulterFraud Special Coverage page (please pass it on!) for all the disgusting details on dead-to-rights voter fraud felon Ann Coulter, who knowingly lied about her address on her voter registration form in Palm Beach County, Florida; proceeded to break the law again by knowingly voting at the wrong precinct; then lied about it repeatedly; hired a former Bush attorney to protect her ass; and even called in her FBI ex-boyfriend to save her bacon when it looked like the Palm Beach County Sheriff might actually have the balls to bring charges.

She even had her G-man former beau go as far as to name a BRAD BLOG Guest Blogger as a "stalker," despite a complete lack of any evidence for same, as justification for lying on her voter registration form. This is one sick person. But you likely already knew that.

Beyond that, we'll let the Palm Beach Post's Jose Lambiet --- who has done much of the heavy lifting on this story over the past two years --- do the 'splainin' on how the hate-monger/felon/Rule-of-Law-hater/coward/Republicanist Coulter may have succeeded in finally running out the clock on her two third-degree felonies and one first-degree misdemeanor...

She's as innocent as O.J. --- But with far fewer scruples.

Next time you hear Republicans ginning up unevidenced claims of massive "Democratic Voter Fraud," just point them right here: https://BradBlog.com/CoulterFraud and note that not one damn Republican in Florida, or the United States of America, did a damn thing about it.

Meanwhile, Mitt Romney supporters join their hero Coulter on the voter fraud bandwagon in Florida, while real heroes who aren't Republican, continue to actually be held accountable to the rule of law.

Special to The BRAD BLOG by Michael Bryan, Esq. from the courtroom in Tucson, AZ...

The trial is heading into overtime. What was to be the third and final day of the trial ended with the Democratic Party having rested their case at the afternoon break and the County just getting into their witness list. Judge Miller called to reconvene at 8:30 a.m. Friday morning with a determination to finish the trial.

To get up to speed with details on what this trial is about, please see my introductory post, and you may want to take a look at my summaries of the first day of trial and the second day of trial.

In brief, the Pima County (Tucson) Democratic Party is challenging Pima County to release the Diebold GEMS tabulator databases containing voting data from the 2006 election, and those from all future elections, on the presumption that they should be public records. There is a belief that the databases, if obtained by the party, may show fraud or other malfeasance by county election officials. The county maintains that releasing such information will make tampering in future elections easier, even though those same county officials and insiders have all the means and opportunity to manipulate elections.

Today, I have posted a full summary of the testimony of Pima County's head elections programmer Bryan Crane, started Wednesday and concluded Thursday. His testimony was expected to be very important, as it is the appearance of impropriety on his part that prompted the Democrats' inquiry and led to an investigation by Arizona's Attorney General and, ultimately, this lawsuit.

Crane didn't do the county any favors. He undermined his own credibility, developed a great fondness for the expression "I can't recall," and, upon questioning by Judge Miller, revealed that the security threats the County claims are posed by the release of the GEMS database following an election are illusory or highly implausible.

There was brief testimony from the former Chairman of the Pima County Democratic Party, Paul Eckerstrom, who explained the decisions that led to the formation of the Election Integrity Committee, whose findings and research led to this point.

Once the Democratic Party rested their case, the county moved for a judgment as a matter of law, which asks the judge to decide the case in their favor on just the plaintiff's testimony. It is largely a pro forma motion, but it provided an opportunity for counsels to frame the case thus far. Democrats' attorney Bill Risner took the opportunity to test a few of the themes that will likely figure in his closing arguments.

That footage of Risner making his case, is about 10 minutes long and is presented at the end of this post, hot off our press pool camera, in a BRAD BLOG exclusive. The judge took only a few minutes to decide that the plaintiffs had presented a sufficient case that the County must proceed with their side of the case.

The County put on their first witness, the elections director of Gila County, Arizona, another jurisdiction using an identical GEMS tabulation system. The choice backfired significantly. Her testimony revealed that she was completely ignorant of any security issues with the Diebold system her county uses, presumably because she relies on the Arizona Secretary of State and the Diebold corporation for security information. Her county contracts out their election preparation to a private company based in Glendale, Arizona, rather than do it in-house like in Pima County. The private company she contracts with just sends them back a prepared database, which the county then uses in their elections, never having checked the contents of the database.

Except for logic and accuracy testing (running a few sample ballots), the integrity of Gila County's elections rests entirely on the honesty of that private contractor.

The county then put on Merle King, the director of Georgia's Kennesaw College Center for Election Systems. The Democrats' legal team calls him 'The Man from Diebold.' He is a professional expert witness in voting systems who never saw a Diebold system he didn't love. The county made quite a production of eliciting the information that Mr. King had been paid the handsome sum of $10 to appear. I guess it was meant to illustrate how independent he is, but his expenses are being underwritten by someone: my money is on Diebold. His testimony and more will be available tomorrow.

In the meantime, enjoy the Democratic Party's champion Bill Risner presenting his motion for judgment, direct from the courtroom yesterday...