Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

Iowa's "First-in-the-Nation" Caucuses managed to publicly tally some 122,000 hand-marked paper ballots at 1,774 caucus sites within an hour or two after votes were cast, in such a way that any problems or typos in the state GOP's reporting of the results could be quickly verified by many different sources as inaccurate, thanks to the thousands who were able to oversee the hand-counting on caucus night.

This year Iowa had the tightest results in state history --- just 34 votes were ultimately reported as separating the first and second place candidates --- and yet almost nobody is shouting "fraud" or questioning the results in the Hawkeye State today after what was, in truth, a model of transparent democracy.

Contrast that with the embarrassing and disastrous mess that took place across the state of Nevada on Saturday --- and in the days that followed --- where just 33,000 hand-marked paper ballot votes were cast (down from 44,000 in 2008), but where GOP officials were unable to report even preliminary results to the public until 1am on Monday!

In the bargain, candidates and media and the public are questioning even those late late late results, while nowhere near as many votes were cast, and the results do not appear to be anywhere as close.

So what went wrong in Nevada this year that didn't go wrong in Iowa?...

The chief election official in the very first state in the nation to implement polling place Photo ID restrictions --- under the guise of preventing "voter fraud" --- has been found guilty of three counts of felony voter fraud today.

In an early morning verdict following 12 hours of deliberation, a jury in Hamilton County found Indiana's Republican Secretary of State Charlie White guilty of three counts of voter fraud related to having voted in a precinct where he did not live and where he was illegally registered to vote. The Hoosier State's controversial first-in-the-nation Photo ID restrictions, originally implemented in 2008, did nothing to prevent either White's illegal registration or his unlawful vote for himself as Secretary of State in 2010 when he was elected to office.

Of the seven criminal felony counts White had been charged with in March of 2011, the jury also found him guilty of three other Class D felonies related to perjury and theft, while clearing him of one Class C felony for fraud on a financial institution.

White has vowed to appeal the decision in hopes of lowering the convictions to misdemeanor charges, rather than felonies.

Under Indiana law, a felony conviction makes White ineligible to serve in state office and would create a vacancy to be filled by Republican Governor Mitch Daniels. However, even if today's felony charges are upheld, the fight over who will replace White as Indiana's chief election official is likely to continue for some time, since a separate recent ruling against him in a related civil case could take precedence over today's verdict.

Republicans are hoping Daniels will be allowed to name White's replacement, even though a judge last December ordered White immediately removed from office and replaced by his Democratic opponent from the 2010 election, after determining that White had been illegally on the ballot in the first place thanks to his improper registration.

White's conviction is the latest in what is shaping up as spate of voter fraud convictions, allegations, and investigations of high profile GOP officials, including allegations against several of the party's 2012 Presidential candidates...

There are at least a dozen things in this story out of Indiana that make my head wanna explode. I don't have time to really detail any of them in depth for the moment, so check it out in full if you're inclined and might like your head to explode too.

But one graf in the piece is begging me to highlight it.

The story, as I say, is about Indiana where, apparently, votes cast during the Early Voting period are considered to be Absentee Votes for some reason. Voting during the Early Voting period takes place on 100% unverifiable touch-screen voting machines (head, explode) in Indiana at Vote Centers. State law requires that Absentee Votes be identifiable --- in other words, that they can be tied to the person who cast them --- so that if a voter should die between the time they cast his/her vote and Election Day, officials are able to go in and remove the vote (kapow).

That is done --- with the Early/Absentee Votes cast on touch-screen machines --- by including an ID Number on each ballot which, some might accurately point out, robs the voter of a secret vote in the bargain (boom).

That's the background for the story. But then comes this remarkable comment, included as part of the explanation of what happens when/if a person dies before Election Day and their ballot must be removed [emphasis added]:

My suggestion for a new Indiana state motto: "In Vendors We Trust".

What could possibly go wrong?

I joined Thom Hartmann on his Big Picture TV show last night to discuss The BRAD BLOG's exclusive report from earlier in the day confirming the Virginia State Attorney General's newly launched criminal investigation into the 1,500 allegedly fraudulent signatures turned in by the Gingrich Campaign in their failed attempt to be included on the VA GOP Primary ballot...

By the way, since we broke the news yesterday morning, several outlets have picked up and/or confirmed our report. Though, frankly, not as many as one would think given the nature and scope of the story. Certainly not as many who would have picked it up had either the now-defunct ACORN, or any Democrat been accused of doing the very same thing.

Other than our report, Tommy Christopher's coverage at Mediaite was probably the most detailed (and included both my name and a link to our story), followed by Dan Roem at National Journal (who credits the story to having "broke in the liberal blogosphere" --- though at least he included a link here...even though that link was broken when I last checked), then Julian Walker at The Virginia-Pilot (who didn't bother to credit anybody for the story) and NBC4-Washington who, in their short piece, did manage to mention and link properly to The BRAD BLOG.

There were a few other mentions (Dave Weigel at Slate, for example) but, far and away, the greatest way our stories are spread are by you guys and others spreading the word yourselves through comments at other sites, email, and via Twitter and Reddit. (The comments on the posting at Reddit --- where a huge number of folks up-voted the story --- were very, um, enlightening, as you'll see if you bother to read them.)

Of course, Fox "News", who mentions, actually highlights, every time an ACORN worker is accused of farting over the years (whether they actually farted or not) has yet to say a word about this story. Wonder why.

Just thought you might be interested in how folks sometimes deal --- or don't --- with original, exclusive stories that we break here. Sometimes they pick them up, sometimes they don't. Sometimes they offer appropriate credit, quite often they don't. That, despite the hundreds of stories we've broken over the years, with an impeccable record for accuracy and independent verifiability in just about every damned one of them.

Had the same thing been carried out by a worker for the now-defunct ACORN, Republicans --- and even Newt Gingrich --- would have called it massive "voter fraud." But the 1,500 acts of fraud, by Gingrich's own admission, were carried out by a worker hired by his campaign, so it seems the media have barely noticed it.

Nonetheless, The BRAD BLOG has received confirmation from two different state agencies that the 1,500 alleged cases of ballot petition fraud said to have been carried out on behalf of the Gingrich campaign, in their unsuccessful attempt to qualify for the Republican primary ballot in Virginia, are now being carried out by the state Attorney General's office.

In late December, after Gingrich had failed to turn in enough valid signatures to qualify for the Virginia primary ballot, he was caught on video tape telling a supporter in Iowa that the reason for the failure was due to a campaign worker who created 1,500 fraudulent signatures.

"We turned in 11,100 --- we needed 10,000 --- 1,500 of them were by one guy who, frankly, committed fraud," Gingrich is seen and heard saying in video originally aired by CNN.

The former Speaker of the U.S. House of Representatives downplayed the incident, by explaining to the woman that the entire affair was "just a mistake," after they had "hired somebody who turned in false signatures."

Neither he nor his campaign, however, has made the name of the alleged "one guy" public, to our knowledge, despite the extraordinary number of fraudulent signatures created and turned in by that "one guy" in what an official at the Virginia State Board of Elections (SBE) described to us as "definitely an illegal act."

News of the embarrassing criminal investigation is confirmed today, even as voters go to the polls for Florida's 2012 GOP Primary, where Gingrich is facing off against front-runner Mitt Romney who, ironically --- and uncomfortably enough for Republicans --- may also find himself the subject of a criminal voter fraud investigation in the not-too-distant future...

To paraphrase Mark Twain's famous remark in 1897, reports of 953 "dead people" having voted in recent South Carolina elections appear to be greatly exaggerated. Who could have guessed it?

Following quickly on the heels of Rightwing hoaxster James O'Keefe's successful felonious conspiracy to commit voter fraud during the New Hampshire primary this year, by receiving ballots in the name of very recently deceased voters (resulting in a Republican call for his "arrest and prosecution" in the Granite State) and the U.S. Dept. of Justice's rejection of a new South Carolina law attempting to keep registered voters from voting at the polling place unless they are able to present a state-issued Photo ID, on the basis that the state's own evidence reveals the law to be both illegal and discriminatory, the SC Attorney General pushed back by claiming that a state DMV analysis had discovered some 953 votes had been cast by "dead people" in recent elections there.

Funny thing though. Upon closer examination, as is almost always the case in these matters, those 953 "dead voters" may not be so "dead" after all. That, according to SC State Election Commission (SEC) Executive Director Marci Andino who both testified [PDF] and released a statement on the matter last week.

According to both her statement and testimony to the SC House Election Laws Subcommittee, Andino, the state's chief election official, said:

Zounds! Who could have guessed that Republican claims of hordes of zombies voting in South Carolina's elections --- as first publicized in a short, evidence-free AP article trumpeted at Fox "News" --- were, um, "greatly exaggerated"?!

And that's not the only specious claim by the AG's office that Andino dismantled during her testimony last week...

The conventional wisdom is that Mitt Romney has been attempting to withhold his tax returns from public scrutiny so that we'll not learn just how small the percentage is that he pays on his enormous income (which is said to be largely reported as capital gains, and thus taxed at just 15%.)

But there's another interesting issue that could be revealed when he releases his 2010 tax returns on Tuesday, as promised.

Remember last June when little-known Republican candidate Fred Karger filed a complaint with the state of Massachusetts charging that Romney committed voter fraud by using the unfinished basement of his son's house in Belmont, MA as his address for voting purposes after he'd sold his own him there in 2008, rather than registering to vote at his $12.5 million ocean front home in La Jolla, California or at his $10 million compound in New Hampshire?

Voter registration fraud in MA is punishable by a $10,000 fine and up to five years in jail. Residency requirements in MA are defined as "where a person dwells and which is the center of his domestic, social, and civil life." Yet, when Karger filed his complaint last Summer he noted that local residents in Belmont had told him at the time that the Romney's had "moved to California".

"I haven't seen Mrs. Romney in over two years, and she used to come in here all the time," Karger says a local merchant told him. A member of the nearby Mormon Temple and Meetinghouse in Belmont, where Mitt and his wife Ann had attended weekly church services when they lived there, said she "hadn't seen the Romneys since 2008."

If you don't recall all the specifics, here's our detailed coverage at the time, where the case didn't look good for Mittens, even while the state of Massachusetts seemed to be more interested in ignoring the allegations all together for some reason. The piece also includes details on some other recent apparent GOP voter fraud felons too.

And here's our in-studio interview with Karger [MP3] on the Mike Malloy Show from June 16, 2011, discussing the issue just after he'd filed his complaint...

Could be an interesting day tomorrow...

By the way...We should also note, no matter what we learn from Romney's tax returns tomorrow, his main GOP competitor Newt Gingrich also has a little "voter fraud" trouble of his own...

UPDATE 1/24/12, 11:27am PT: Well, here's what we seem to have concerning filing address from Romney's now-posted 2010 federal tax form...

The redaction of the street address is from the version of the form the Romney team has posted.

So what does this tell us at the moment?...

The voting systems in use for the nation's first three all-important electoral contests in the 2012 primary --- from Iowa to New Hampshire to Saturday's South Carolina Primary --- go from pretty great to intolerably horrible. And then comes Florida, which deserves its very own special category, thereafter.

The "First-in-the-Nation" caucuses in Iowa allowed voters to vote on hand-marked paper ballots, counted by hand in front of the public at the caucus site, with results announced to everyone right then and there before being called in to GOP headquarters and before ballots were move anywhere. The wonderfully transparent system allowed for Republican voters by the Iowa GOP (which they hypocritically fight against allowing for everybody else in other states, and even in their own during general elections) is just about as close as we general get in this country to Democracy's Gold Standard. It's also what allowed reporting errors to be discovered and confirmed by the public after an election with some 122,000 votes counted transparently within an hour or so of polls closing, leading to almost nobody charging "fraud" even though just 34 votes are said to separate first and second place in the certified results of the impossibly, and historically, close election.

As of the "First-in-the-Nation" primary in New Hampshire, however, election transparency for voters and their ability to oversee their own elections began to disappear. While a lucky 10% of voters enjoyed hand-marked, publicly hand-counted paper ballots, the rest of the state's voters were allowed to vote on hand-marked paper ballots, but forced to tolerate secret tabulation on oft-failed, easily-manipulated Diebold optical-scan systems programmed by a company (LHS) with a history of criminal behavior and convictions. The results from those 90% of Granite State voters may have been tallied accurately by the Diebold op-scanners or, as seen in the disastrous 2008 Presidential Primary, not. Since NH doesn't bother to actually check to see if their machines tallied the hand-marked paper ballots correctly, we're unlikely to ever know if they did --- barring a recount request where, by then, the secure chain of custody of the paper ballots would be uncertain (to put it mildly.)

And now we come to the "First-in-the-South" Republican primary in South Carolina, where all evidence of how voters vote disappears entirely as the voters will be forced across the entire state to vote on easily-manipulated, oft-failed, 100% unverifiable touch-screen voting systems made by the nation's largest voting machine company, ES&S. When the machine-reported results are announced tomorrow night they will either be accurate or not. Either way, there will never be a way for anybody to know one way or the other as there will be nothing to prove how voters voted and nothing to "recount", even if anybody wanted to.

Appropriately enough, perhaps, Saturday's primary in the Palmetto State will offer 100% "faith-based" voting, since it will be scientifically impossible to prove that even a single vote for any candidate on the ballot has been recorded accurately by the ES&S iVotronic touch-screens as per any voter's intent. Known what we mean, Alvin Greene?...

As of today, I'm happy to say, my show on Pacifica Radio's KPFK here in Los Angeles has been expanded to a full hour. We made pretty good use of all of those minutes today, thanks in no small part to Rick Santorum (of all people) raising the issue of felon voting rights at Monday's GOP Presidential Debate in South Carolina. (And one heck of a largely unnoticed Freudian slip by Mitt Romney on that topic!)

Joining me to discuss the issue and Sen. Ben Cardin (D-MD)'s proposed "Democracy Restoration Act" --- and the shameful state of 4 million American citizens disallowed from exercising their franchise, many of them even after they've served all of their time and have completed all probation and parole, just cause they happen to live in the wrong state --- was Deborah Vagins, Senior Legislative Counsel of the ACLU.

I was also joined by Desi Doyen for the latest Green News Report as well as today's breaking news on Obama's rejection of the Keystone XL pipeline scam.

Plus 1 million signatures for the recall of Gov. Scott Walker in WI, other news of the day and a bunch of callers to boot! Listen to the entire show, commercial-free, below. Enjoy!

Download MP3 or listen online below [appx 58 mins]...

P.S. As I don't always get the chance to post all of my KPFK shows here (which is now LIVE Wednesday's from 3p-4p PT) you can catch all of 'em by subscribing to the podcast feed here or via KPFK's archive page for the show here.

P.P.S. Anybody wanna submit a suggestion for a cool logo for "The BradCast"? Happy to crowd source ideas, especially since you all actually came up with that name for the KPFK show in the first place! If so, here's a photo or two that may, or may not, come in handy.

This is just too hilarious!

Over the weekend religious activists met somewhere in Texas to try and agree upon a "conservative" non-Romney to coalesce behind in hopes of stopping the former Massachusetts Governor's "inevitable" GOP nomination. After three ballots, reportedly, the group of some 150 religious activists finally agreed to throw their support behind Rick Santorum.

Or did they?

According to a supposedly "legitimate" rightwing news outlet today, the evangelical protestant backers of Newt Gingrich are now accusing the Catholic supporters of Santorum of election fraud and actual voter fraud!

If they did, it would hardly be the first instance of actual election fraud in the GOP camp to rear its ugly head during the Republican primary process to date...

This distressing news was flagged for us by Bev Harris of BlackBoxVoting.org late Friday...

And how do we know SCYTL's electronic (Internet!) "voting technologies" are "secure"? Well, they tell us so themselves -- twice --- in their press release, silly!

They couldn't just say it was "secure" if it wasn't! Right?!

In any case, here's a bit of the red flag Harris waved on Friday to help unpack what all of this actually means for the future of what's left of our small-d "democratic" elections...

[Now UPDATED with tonight's nightmarish audio archives below! Enjoy!!!]

Mike has the night off! So we're back! Guest hosting the nationally-syndicated Mike Malloy Show on Friday the 13th! It's a Nightmare on Malloy Street!...

We'll be BradCasting all the horror LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• YOUR WORST NIGHTMARE! Me! With three hours over our public airwaves to talk about Iowa, New Hampshire & South Carolina voting nightmares! The nightmare that is Election 2012! And other related and unrelated nightmares!
• GRAEME ZIELINSKI, Spokesman from the Wisconsin state Democratic Party, with some late breaking news on the "Recall Scott Walker" effort in the Badger State!
• PLUS! The fraud that is James O'Keefe; the "cold" War against Iran; the failure that is the NY Times; the GOP wants more corporate money in campaigns; and all the nightmares on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's show was a NIGHTMARE! Don't believe me? You can now listen to the full show, sans commercials, in the archives posted below. (You can also read the nightmarish chat room archives below too!) Be afraid...Be very afraid!...

Just one quick update to our full dismantling of James O'Keefe's latest hoax video, this one purporting to show "voter fraud" in NH (as carried out by O'Keefe and his co-conspirators!). As ThinkProgress details today, the liberal Democrat Mayor of ... I mean, the conservative Republican Mayor of Manchester is now calling for O'Keefe and his pals to be "arrested and prosecuted to the fullest extent of the law"...

TPM reports tonight that others are now piling on, furious at O'Keefe and calling for accountability. Moreover, as TPM's Ryan Reilly notes, O'Keefe's latest fund-raising plea touts that he received $50,000 from an unnamed "extremely generous funder," to create this two-bit "voter fraud" scam, and now he's asking for more to help float further projects and line his own pockets. As his ironically-named Project Veritias has somehow been approved as a tax-exempt, "non-partisan," non-profit 501(c)3, he'll have to disclose who that "generous" funder is eventually though it'll take a while. (Anybody wanna place some guesses what that is in the meantime? There are plenty of suspects here!) In the meantime, O'Keefe previously disclosed on his application for tax-exempt, non-profit status that his salary is scheduled at $120,000/year for heading the propaganda outfit.

Oh...and by the way. Please note that O'Keefe has been pimping yesterday's video as "part one of the Voter Fraud investigation" with a promise of "More to come!" Um, what do you suppose the odds are that "Part One" will prove to be the only part of this particular O'Keefe "investigation"?

• Read our complete dissection of O'Keefe's latest scam from earlier today here.

UPDATE 1/13/2012: Bev Harris of BlackBoxVoting.org in BRAD BLOG comments on our previous article on O'Keefe's latest fraud scam:

She goes on to point out that had those 2,470 different people been paid to commit felonies across the state, to vote on Election Day as "dead people" (assuming there are even enough recently deceased people who hadn't yet been removed from the voter rolls), the effort would have yielded, at best, a 1% tamper rate. Yes, that's just the way to defraud an election! Better to risk one person getting caught in a huge conspiracy, than simply paying off, say, one or two guys to remove legal voters from the voter rolls or change the results in the computer tabulators with just a few keystrokes or --- well, just institute polling place Photo ID restrictions and keep thousands of your opponents' legal voters from being able to cast a vote at all..."legally"!

Long ago discredited, federally convicted criminal, Rightwing con-artist, pretend journalist, and accomplished liar James O'Keefe is pimping another secretly-taped and selectively-edited video sure to be a sensation on Fox "News" and at other Republican propaganda venues. It purports to show several voters showing up at polling places during New Hampshire's primary on Tuesday and giving the names of recently deceased voters to poll workers before procuring ballots to vote under those names.

The video, about which O'Keefe lies on his own website, is certain to add more phony fuel to Republicans' long-unsupported claims that people are regularly impersonating dead people at the polling place in order to vote illegally, an allegation which has absolutely no evidence to support it. The aim of the video is clearly is to shore up GOP attempts to institute polling place Photo ID restrictions, meant to do little more than disenfranchise Democratic-leaning constituencies such as the elderly, minorities and student voters, under the fraudulent guise of curbing "voter fraud."

As New Hampshire does not require a Photo ID before one is allowed to cast a legal vote, O'Keefe uses the video to try and create the impression that voting under the name of a recently deceased person is both simple and regularly done. It isn't. But that's his scam this week.

As usual, O'Keefe's video looks as if it represents something that is damning. That's his stock in fraudulent trade, and that's usually more than enough to reinforce the biases of the incurious who've been long-brainwashed, through a well-organized and well-funded GOP effort, into believing that something Rightwingers say is happening certainly must be happening --- despite a dearth of evidence to show that it actually is happening.

The video was released Wednesday morning at the website of O'Keefe's ironically named Project Veritas organization. It was also published "exclusively" by Tucker Carlson's rightwing pretend news site, Daily Caller. Naturally, the websites of Andrew Breitbart, a fellow professional liar, as well as O'Keefe's employer and a co-conspirator on his phony ACORN "Pimp" Hoax videos, quickly followed suit in publicizing the same misleadingly-edited version of the video.

At the Project Veritas site, O'Keefe lies about the video, claiming at the end of his short article accompanying it, that "the unedited videos from part one of the Voter Fraud investigation" have been made available as well. They haven't. He has lied about that. Again. Moreover, as several other sites reported on Wednesday, it's possible that O'Keefe and his band of merry fraudsters have also broken both federal and state laws.

But setting his various lies and possible criminal actions aside for now, let's first look at the supposedly "unedited" version of the videos O'Keefe offers up, and then I'll be happy to dismantle the underpinnings of this ruse below it...