Paul Kiel at TPM Muckracker has picked up on, and advanced, our Exclusive report yesterday concerning the remarkable comments made last Friday by John Tanner, the Chief of the Civil Rights Division, Voting Unit, at the DoJ, concerning Photo ID restrictions at the polls.

In a follow-up report today, Kiel gets reactions from former DoJ officials, including the man who previously held the same job as Tanner at the DoJ, charging that the remarks and logic behind them were "frankly ludicrous" and "false" and based on "cherry-picking the data that he wants to use."

A DoJ source of our own wrote to us after yesterday's report and characterized the comments as Tanner's "Imus moment."

Tanner had told a group in Los Angeles last Friday --- and our own Alan Breslauer was there to catch it on video tape --- that non-minorities were more likely to be disenfranchised by such restrictive polling laws laws than African-Americans.

"It's probably true that among those who don't [have Photo ID], it's primarily elderly persons. And that's a shame," Tanner told the audience. He then added: "Of course...our society is such that minorities don't become elderly. The way that white people do. They die first." The implication being that, therefore, minorities are somehow less likely to be disenfranchised by draconian Photo ID laws at the polling place.

Tanner had approved a disenfranchising Georgia Photo ID scheme on behalf of the DoJ in 2005, despite the fact that 4 out of the 5 career civil rights unit staffers who had reviewed the law recommended against pre-approval under the Voting Rights Act. The law, once approved by Tanner, was later found unconstitutional by two federal courts, and described by one of the judges to be little more than a "Jim Crow-era poll tax."

ePluribus Media has much more on Tanner's resume and discriminatory reign as voting section chief in the Civil Rights Division.

Restrictive Photo ID laws, being strongly and strategically pushed by elements of the GOP around the nation, are controversial since anywhere from 10 to 30 million Americans, largely Democratic-leaning voters who are elderly, minorities, and/or urban dwellers, are believed to have no driver's licenses. Most states already have requirements for some form of ID when voting, though not necessarily state-issued Photo ID.

Further, the federal Help America Vote of Act of 2002 already requires proof of identity when a voter registers to vote. In the meantime, by even the DoJ's own numbers, voter fraud at the polls is exceedingly rare in America. That, despite GOP kool-aid drinkers like Rep. Duncan Hunter and his recent unfounded claims to the contrary.

According to Kiel at TPM Muck today, both Tanner's predecessor Joe Rich and the man who analyzed the numbers for Tanner at the DoJ in the Georgia case, Toby Moore, strongly dispute Tanner's comments, characterizing them as "not only wrong, but way off, and typical of the type of decision making" in the current DoJ's Voting Rights section...

Guest Blogged by Alan Breslauer with additional reporting by Brad Friedman

Unbelievably, the Chief of the Voting Section of the Civil Rights Division, U.S. Department of Justice, John Tanner, contends that while it's "a shame" that elderly voters may be disenfranchised by new Photo ID restrictions at the polls because many don't have driver's licenses, minorities don't have to worry quite as much. Why? Because "minorities don't become elderly the way white people do. They die first."

Yes, that's what Tanner said last Friday at the National Latino Congreso in Los Angeles and The BRAD BLOG was in tow with video camera to prove it...

Guest Blogged by Alan Breslauer

University of Pennsylvania professor Steve Freeman, author of the important book, Was The 2004 Presidential Election Stolen?: Exit Polls, Election Fraud, and the Official Count, sat down with The BRAD BLOG at the 2nd Annual National Latino Congreso in Los Angeles on Friday.

Below are clips from our video interview with Freeman, broken down into five easy viewing segments, including his contention that his initial investigations into electronic voting led him to believe "There has to be some safeguard, it can't be this easy to corrupt. But it is. Even worse. If you haven't looked into this it is worse than you can possibly imagine."

The video clips, and text snippets of his answers to our questions, all follow below...

Who won the 2004 presidential election? - Freeman's short answer: John Kerry. He explains that while the official vote count gave George W. Bush a narrow margin of victory in Ohio of 120,000 votes and a slim electoral win, exit poll data indicates that Kerry actually won Ohio by 500,000 votes and won the national vote by a 6 million vote margin.

More video Q&A's follow below...

At last Thursday's Republican Debate --- the one which the four Republican front-runners refused to attend --- sponsored by PBS and hosted by (egad!) African-American broadcaster Tavis Smiley, the question of Photo ID restrictions on voters was raised by the Atlanta Journal-Constitution's Cynthia Tucker.

California Rep. Duncan Hunter's answer was interesting. And it's no small matter given that trying to disenfranchise Democratic-leaning voters seems to be Strategy #1 (once again, but moreso than ever) for the desperate GOP in 2008.

That's just one of the reasons why Barack Obama's block of the Dem "deal" to slide through the nomination of Bush's evil GOP anti-voter zealot, Hans von Spakovsky, to the FEC today is so important.

Tucker's question from last Thursday: "Many voting rights advocates are worried about rigid voter ID laws which require photo ID like a driver's license. Are you concerned that some eligible voters will be denied the right to vote simply because they don't have a driver's license?"

Hunter's imaginative answer: "We have right now a real danger of people that are illegally in the country being rounded up, herded into the polls, we've seen that in California, voting illegally. That disenfranchises everybody in that community."

Really? We've "seen that in California," have we? Undocumented (illegal) aliens being "rounded up [and] herded into the polls" and "voting illegally"?

Living out here in the Golden State, we hadn't heard of that one. And we do follow these issues fairly closely. So we checked with Hunter's campaign to find out if they could offer any examples of such illegal votes from herded aliens in our state...

As we near the one year mark since some 18,000 votes inexplicably disappeared in Sarasota County, Florida, on the Direct Recording Electronic (DRE) touch-screen voting machines used in the U.S. House Election for the state's 13th Congressional District, more study is still needed to determine whether or not the voting machines were at fault, according to the report released today by the Government Accountability Office (GAO).

Even with the additional testing, the GAO admits, it will be impossible to determine for certain whether the touch-screen machines caused the extraordinarily high undervote race in the election.

The GAO's report [PDF] was presented to a Congressional task force investigating the challenge brought by Democratic candidate Christine Jennings, under the Federal Contested Elections Act, after the certified tally between her and her Republican opponent, Vern Buchanan, was reported by the state to be a slim 369 vote margin.

No reasonable explanation for the massive undervote --- found only in that particular contest, only in the Sarasota portion of the race, and only on the touch-screen ballots there (as opposed to the paper-based absentee ballots) --- has yet been proven by anyone.

The GAO has asked the task force to allow them to conduct further testing of the ES&S iVotronic touch-screen machines, in three specific areas, though they admit while "the proposed tests could help provide increased assurance, they would not provide absolute assurance that the iVotronic DREs did not cause the large undervote in Sarasota County."

Determining for certain whether the machines caused the problem would be "impossible," according to the GAO analysis, because they are "unable to recreate the conditions of the election in which the undervote occurred." Ah, the trouble with touch-screens.

As well, the report determined that "some of the prior tests and reviews conducted by the State of Florida and Sarasota County provide assurance that certain components of the voting systems in Sarasota County functioned correctly, but they are not enough to provide reasonable assurance that the iVotronic DREs did not contribute to the undervote."

While the Congressional task force has given permission for the GAO to proceed with their additional testing of the DREs, Jennings has already announced her intentions to run again in 2008 and Buchanan has voted for almost a full year with the Republican House caucus. And Democrats in the House prepare to vote on legislation which would allow the same faulty technology to be used in further elections.

QUESTIONS ABOUT ES&S CONTINUE

Among the unanswered questions in any of the FL-13 reports so far, is whether or not the source code reviewed in previous studies was the same as the code actually in use in the machines on Election Day. Recent news out of California demonstrates that ES&S has a prior history of playing fast and loose with different versions of hardware and software used on their machines in elections.

As well, reading past the summary section of the GAO report reveals another troubling disclosure by the nation's largest voting machine vendor...

[ED NOTE: Rogers has now posted his story, and our suspicions about who the name of the previously unnamed Congressman was correct! See update at bottom of article for more details! Also: The bad code that caused this article to freeze up in Microsoft IE has now been corrected.]

Investigative journalist Mike Rogers of PageOneQ and BlogActive promised us a scoop during this evening's "Progressive News." We're Guest Hosting the show for the vacationing John Scott today and tomorrow on San Francisco's Air America affiliate, Green 960am.

The man who outed the not-yet-resigned Sen. Larry Craig delivered his tantalizing scoop during our final minutes on today's show. (Full show details, archive here.)

"A United States Congressman who, while he was living in one place and claiming a tax break for that fact was registered and was voting in an entirely different state," he told us.

"The person owned the house with another man," Rogers teased, adding "the man that he owned it with, when you found out what he did, it almost makes this Congressman look like an angel."

Whatever they have to do to win. And given the odds against them in '08, expect them to pull out every stop imaginable between now and the election in order to "win."

Add this to our "DoJ is the New ACVR" article last week, describing how the DoJ has now institutionalized "vote caging" at the federal level via, among other things, a recent letter sent to 10 states ordering them to purge their voter rolls. While Thor Hearne's ACVR is no more (at least officially) and the RNC is barred from minority-targeted caging by a court-ordered consent decree, state parties can do whatever the hell they damn well please, according to our friend Greg Gordon at McClatchy today...

See Gordon's complete report for more details.

As well, we'll have more on all of this Thursday and Friday while Guest Hosting for "Progressive News with John Scott" on San Francisco's Air America affiliate Green 960am (formerly "The Quake"), where we'll be bringing these issues to drive-time listeners (4p-6p PT) in the Bay Area! Hope you'll tune in! (See "Media Appearances" box at top-right for more details.)

We're getting really tired of picking on Democrats. But with clueless Senators like Nebraska's Ben Nelson, it seems like we continue to have little choice.

Picking up from where we left off yesterday regarding this morning's vote in the Senate Rules Committee on whether or not to send a recommendation for approval on the FEC nomination of the DOJ's GOP "Voter Fraud" flim-flam operative, Hans von Spakovsky, to the full Senate. Again we again defer to Paul Kiel's TPMMuckraker report that the Democrats, thanks to a defection from Nelson, were unable to reject the nomination outright and will have to pick up the fight on the Senate floor, where the GOP (unlike the Dems) will march in lockstep to get what they want. Even from the minority...

More on the evil von Spakovsky here.

More details on today's negotiations here, including Feinstein's statement: "I don’t feel that this is an unbiased individual." Minority Leader Mitch McConnnel's (R-KY) hardball in return: "None of these nominees will move across the Senate unless they move together."

In related your-right-to-legally-cast-a-vote-is-under-attack news, as Arlen Parsa covered for us in a bit more detail earlier, the Supreme Court has agreed to hear a Democratic challenge to Indiana's voter disenfranchising Photo ID law.

The very smart Election Law Blog's Rick Hasen sees this as good news for opponents of such laws, but we've got our money on a 5 to 4 ruling in favor of the GOP law, created (by Thor Hearne and Friends) in the hopes of keeping Democratic voters from being able to cast their votes on Election Day. We hope we're wrong, but Bush's Supreme Court hasn't given us much to be hopeful about.

You'll note the supporters of the restrictive, Jim Crow-type legislation have been unable to offer a single case of a voter in the state voting as someone else at the polling place.

Perhaps Sen. Ben Nelson would like to issue a resolution in support of such laws? Idiot.

California Secretary of State Debra Bowen's Election Fraud Unit has just announced that felony charges have been filed against a Sacramento woman who appears to have forged the names of five voters while gathering signatures for a 2006 ballot initiative.

The initiative was sponsored by Pacific Gas & Electric (PG&E), which hired the woman to gather signatures for a petition to get the initiative onto the ballot. She earned 75 cents per signature, netting her a total of $3.75 from the allegedly fraudulent signatures, according to the press release just sent to The BRAD BLOG by the SoS's office. (Complete press release posted at end of article.)

The signatures were excluded before the initiative qualified for the ballot, which eventually passed during the June 2006 election.

So why all the effort and resources expended to bring felony charges for such a paltry sum, for an election that's already over, particularly when the signatures weren't even used?

The reason, as we see it, is two-fold. And there are lessons to be learned from both explanations. And not just in California where powerful GOP operatives are hoping to gain enough signatures to put an Electoral College busting measure on the June 2008 ballot in desperate and cynical hopes of splitting the Golden State's electoral vote on a proportional basis in order to game the 2008 Presidential Election.

The new Secretary of State of Ohio would do well to take away the important lesson, once again from her sister in Sacramento...

We were in Nashville a couple of months ago, at a meeting of the Davidson County Board of Elections. We tried to warn them that they would run into trouble with their ES&S touch-screen voting machines, probably sooner, rather than later. But the Kool-Aid drunk Republicans on the board would have none of it. "Paper ballots are the biggest scam ever perpetrated on America," one of them told us. To our astonishment, he actually seemed to believe himself.

That GOP blend must be some very tasty Kool-Aid.

Meanwhile, the nice Democrats who were in the majority on the board sat there and said and did nothing. They were very very nice. And completely clueless.

And now, next door in Memphis (Shelby County), where they use equally bad Diebold touch-screen machines, Mayor Willie Herenton is calling for an end to Early Voting, which began this week, as reports of votes flipping began coming into his office just after polls opened...

Fortunately, it happened at a John Kerry event. So we'll likely hear a whole lot about this incident. Had it happened at a Republican event, Fox "News" and the rest of the news channels that receive their assignments from them would have made this a one-day story at best.

The blurry-ish video version of the incident seen at right shows the entire statement and questions asked by University of Florida student Andrew Meyer. He was waving the recently released paperback version of investigative journalist Greg Palast's Armed Madhouse and recommended the book to Kerry before asking him about his early concession to the 2004 Presidential Election.

"He says you won the 2004 Election, isn't that amazing?" proclaimed Meyer, referring to Palast's claims in the book. The 21-year-old student continued on to speak about "multiple reports of disenfranchisement of black voters in Florida and Ohio on the day of the election" and "electronic voting machines in Volusia County, Florida, that counted backwards."

"So amidst all of these reports of phony, bogus stuff going on, how could you concede the election on the day?" he asked as security guards surrounded him. "How could you concede the 2004 election on the day? In this book, it says there were five million votes that were suppressed. Didn't you want to be President?!"

Kerry is heard earlier in Meyer's statement acknowledging that he has the book and that he's "already read it." Though we've seen the incident now on all of the cable news channels, several times, we've not seen any of them show the actual statement and questions being asked by Meyer.

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...

Gonzalez and Schlozman and Griffin may be gone, but the long-term politicization and damage at the DoJ was done and institutionalized long ago. The usual suspects --- Thor Hearne, Hans von Spakovsky, Joe Tanner, et al. --- are still plying their insidious anti-democracy trade with all of the tools of big Republican government at their disposal.

If you Dems think "nothing could possibly go wrong in 2008," you'd better think again. As Steve Rosenfeld at AlterNet reports, the Republicans aren't taking '08 lying down. Not by a long shot.

Earlier this year, the DoJ sent another round of threatening letters to 10 key battleground states, threatening to sue them if they do not purge their voter rolls. Yes, the Republicanists have found a "legal" way to use the DoJ to do the illegal vote-caging work the party and their phony well-funded "grass-roots" used to have to do. No wonder Thor's American Center for Voting Rights was able to go "out of business."

The DoJ is the new ACVR.

"They want more people showing up on Election Day and not finding their names," former DoJ Voting Section attorney David Becker, now of People for the American Way (PFAW), tells Rosenfeld. "They want people not voting."

If you don't haven time to read Rosenfeld's entire in-depth investigative report (which should have been on the front page of the NY Times) here are a few of the key grafs...

Guest Blogged by Alan Breslauer

A great Election Fraud-themed country music video! Including some video of Clint Curtis and much more!

Visit Eliza Jane's website.

Blogged by Brad from Boulder, CO...

Must get off the grid today very shortly (and will be gone until after Labor Day), so not much time for comment here. Rather, I'll give you quick pointers to three superb editorials in today's papers as the voices of the good guys return to counter the charlatans and propagandists who've been dominating the media pages for far too long.

Please read on, for some heroic cries for accountability --- finally --- from the hopelessly compromised U.S. Election Assistance Commission (EAC), Election Officials in general, and Sequoia Voting Systems in particular, all found in the op/ed pages today from Coast-to-Coast!...