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UPDATE! Insurance Journal Does The Very Same Thing!!!
... and nobody else has mentioned it at all ... so far!
By Winter Patriot on 9/6/2006 12:20pm PT  

Guest blogged by Winter Patriot

The Orlando Sentinel jumped all over the story of Clint Curtis, his apparent victory in last night's Democratic primary, and the epic battle "between Good and Evil" which it sets up in Florida's 24th Congressional disctict.

See? Here's their coverage!, and this is --- literally --- the bottom line:

And in U.S. House District 24, Clint Curtis, 47, a computer consultant from Titusville, held a 64 percent to 36 percent lead over veterinarian Andy Michaud, 47, of Winter Park for the right to face two-term Republican Tom Feeney of Oviedo.

Even lower down the page, it also says this:

Rich McKay can be reached at 407-420-5470 or rmckay@orlandosentinel.com.

Calling 6 or 7 green and yellow bloggers!

--- Click here for REST OF STORY!... ---

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Election Integrity Champion, Vote-Rigging Whistleblower, Trounces Primary Opponent!
'Battle between Good and Evil', November showdown between Curtis and Feeney begins!
By Winter Patriot on 9/5/2006 5:33pm PT  

Guest blogged by Winter Patriot

According to reliable sources, WESH-TV has called Clint Curtis the winner of the FL-24 Democratic primary by a landslide. Curtis had 12,652 votes, compared to 7,990 for Michaud: That's 61% for the vote-rigging whistleblower, with 208 out of 257 precincts reporting, or or 81%.

According to other reliable sources, a reporter from the Daytona Beach News-Journal called Clint and asked whether he wanted to make a statement. Clint said:

It's looking good and we are glad to see it, but I don't want to make my statement yet.

I see no reason to declare victory until every vote in Florida's 24th is counted. The voters deserve that much.

I hadn't planned to either concede or declare victory tonight. We've campaigned for six months. We can wait another 6 hours or 6 days if we have to. Each vote is that precious.

So ... shall we let the party begin? Well, really: there's no hurry!

If Clint can wait until all the votes are counted, then so can we!

--- Click here for REST OF STORY!... ---

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Scott Maxwell of the Orlando Sentinel has an idea... Greg Sargent of TPM Cafe and Brad Friedman of The BRAD BLOG do too!
By Winter Patriot on 9/4/2006 11:59pm PT  

Guest blogged by Winter Patriot

Democrats in Florida's 24th Congressional District are used to being surprised by Tom Feeney (left), but he's been surprising them again during the past few days. They have reported receiving fliers in the mail --- and phone calls, too --- which appear to be serious, even respectful --- if brief --- comparisons of the policy positions taken by the Republican incumbent, Feeney, and his potential Democratic challenger, Clint Curtis.

What's wrong with this picture?

--- Click here for REST OF STORY!... ---

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Have you voted yet? (Yes, it matters.)
By Dan Field on 9/4/2006 10:43pm PT  

Guest Blogged By Dan Field

We're all on pins and needles here at Clint Curtis for Congress as the election rolls upon us. For those who haven't been following the race, election fraud whistleblower Clint Curtis --- who says he was asked to deliver a computer program to U.S. Congressman Tom Feeney to flip the vote in Florida --- hopes to run against Feeney himself in the general election in November. But to do that, he has to defeat Democratic rival Andy Michaud.

The interesting wrinkle? Michaud has been virtually a complete no-show on the campaign trail! In fact, many newspaper columnists have simply written him off. He hasn't appeared at any events in weeks and didn't even bother to show up for a 10-minute televised debate with Curtis on the local NBC affiliate!

So it would appear that Curtis has the Democratic nomination in the bag, right?

Well, this is Florida we're talking about, so who knows what sort of chicanery could happen.

--- Click here for REST OF STORY!... ---

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With Three Spots For Ohio And Only Eight For The Other 49 States, It Hardly Seems Fair!
By Winter Patriot on 9/4/2006 3:51pm PT  

Guest blogged by Winter Patriot

Mother Jones has the skinny on eleven of the worst places to try and vote in America, courtesy of Sasha Abramsky:

Just Try Voting Here: 11 of America's worst places to cast a ballot (or try)

I won't spoil the top ten for you. But here's what Sasha says about number eleven:

#11 Politicos in Charge
Ohio

Election activists don't have Florida's Katherine Harris to kick around anymore, but in a system where most states' top election officials are also politicians, there's no shortage of other nominees for worst secretary of state. The current leading candidate must be Ohio's Ken Blackwell, now a Republican candidate for governor, who seems intent on making sure as few Ohioans as possible are registered to vote. In 2004 Blackwell achieved national notoriety when he announced that his office would accept only voter-registration forms printed on paper of at least 80-pound weight. Blackwell had to back off that requirement, but a slew of other restrictions remain, including one under which door-to-door registration workers must sign in with county officials, and another requiring them to personally mail in the registration forms they collect. "The constant promulgation of rules and regulations keeps members of the Board of Elections jumping around like cats on a hot tin roof," says Chris Link, executive director of the Ohio ACLU. "And this essentially hurts Democrats. Who is newly registering? People who've just become citizens, young people who've just gotten the right to vote." Meanwhile, Blackwell's office has done nothing to inform voters that come Election Day this year, they will have to bring photo IDs to the polls --- guaranteeing that tens of thousands of mostly Democratic voters will be turned away.

Please read the whole article.

CONFESSION: This piece was originally blogged with an incorrect heading which claimed "Ohio didn't even make the top ten" ... in fact Ohio claimed two of the top four spots. So that was a big FUMBLE! by your nearly frozen host, spotted by Lorraine Bieber. My apologies.

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Is the right-wing trying out a new tool; the US Constitution?
Could these court rulings in San Diego and now Nevada simply be to set precedents? Could it be the move of the GOP using activist judges who are clearly legislating from the bench in order to set a precedent to be used in November? Is this all the portent of things to come in November?
By John Gideon on 9/2/2006 10:29am PT  

Let me preface this with a statement. I am not an attorney. I'm just a retired "knuckle dragger" (marine machinist). While I'm not an academic I do have the ability to read something and know what it says especially when it is written in clear English. I've also got a bit more common sense than most academics because I've had to exercise it throughout my life.

Any reader of The BRAD BLOG is familiar with the court decision from San Diego County. Essentially the judge ruled that he did not have jurisdiction in an election contest of the Busby/Bilbray CA50 U.S. House Special Election because Bilbray was already sworn in as a member of Congress and the US Constitution gives the Legislative Branch jurisdiction over elections of their members.

Today's Nevada Appeal has an article regarding a court challenge that stemmed from problems in the GOP primary election for Congress. That race between Dean Heller, present Secretary of State, and Sharron Angle, was closely contested and Ms. Angle filed the challenge based on what she thought to be possibly illegal practices in Washoe County.

But then they played the Busby/Bilbray 'Constitutional Jurisdiction' card. Just as in Busby/Bilbray...

--- Click here for REST OF STORY!... ---

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By John Gideon on 9/1/2006 7:54pm PT  

Guest Blogged by John Gideon

Tonight we had two segments on voting issues. The first on the lawsuit in Ohio against Ken Blackwell, will help to ensure the 2004 voting records are saved for longer than may be the whim of Blackwell. The suit also asks that Blackwell be removed from the ability to oversee his own election for governor. Also HR-550 is discussed by Congressman Rush Holt and a representative of Election Science Institute.
Note: While they reported that the bill has 159 co-sponsors the number is actually 211 or 209 when you discount one co-sponsor who is now a Senator and the District of Columbia delegate who has no real vote.

The text-transcript of tonight's segment on Lou Dobbs Tonight follows in full...

--- Click here for REST OF STORY!... ---

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Says Once and Current Candidate: 'Looking at it from hindsight, perhaps we should have gotten more involved'
UPATED! Transcript and Audio now available!
By Winter Patriot on 8/31/2006 4:49pm PT  

Guest blogged by Winter Patriot

Word just in! Francine Busby will be on the radio with Peter B. Collins beginning at 8:15pm Eastern time. That's 7:15 Central, 6:15 Mountain and 5:15 Pacific, of course.

If you're in (or near) Monterey, Sacramento, Eureka or Phoenix, you can listen via broadcast radio.Otherwise your only option is a streaming webcast.

Either way, click here for more details.

UPDATE: A recording of Francine Busby's interview with Peter B. Collins is now available. Click here to download it (MP3).

We now have a transcript, courtesy of Emily Levy. That's below the fold.

We're also trying to get the audio for Busby's appearance on The Stacy Taylor Show on KLSD this morning, too. Will post it when/if we get it.

--- Click here for REST OF STORY!... ---

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But in the meantime, we have a transcript of Friday's oral arguments --- just for you!
By Winter Patriot on 8/29/2006 11:05am PT  

Guest blogged by Winter Patriot

Judge Yuri Hofmann of the California Superior Court is expected to rule this afternoon on the arguments presented Friday.

The plaintiffs in the CA50 Election Contest are asking for a manual count of ballots from the June 6th House special election, which was held to replace former Republican Congressman Randy "Duke" Cunningham, who resigned after being unable to contain the fallout from a major bribery scandal.

The defendants are arguing that California no longer has any jurisdiction over the election since the Republican U.S. House went ahead and swore in Brian Bilbray just 7 days after the election, with thousands of votes still uncounted, and certification still several weeks away...

--- Click here for REST OF STORY!... ---

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Did Congress Ask California for Permission to Nullify a California Election???
Are You Dizzy Yet?...There's More! Effort to Recall Dennis Hastert Begins!
By Emily Levy on 8/28/2006 7:57pm PT  

Guest blogged by Emily Levy

You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Collins points us to the Congressional Digest...

Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California.

--- Click here for REST OF STORY!... ---

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Article says optical-scan machines are easier to use than 'full-face' DREs
By Winter Patriot on 8/28/2006 7:23pm PT  

Guest blogged by Winter Patriot

Sewell Chan, writing in today's New York Times, explains that a "full-face" voting system is one which shows all the races --- and all the candidates for each race --- on a single page.

Chan quotes Lawrence D. Norden, an associate counsel at the NYU's Brennan Center for Justice, as saying that adopting the DREs with a full-face requirement...

"virtually guarantees that thousands of votes are going to be lost at every election."

His conclusion is based on research conducted by Dr. David C. Kimball, a political scientist and a co-author, along with Norden and two others, of a report which was to be released today by the Brennan Center.

The NYT has more details, for subscribers only. But according to the NYT website, subscribing is free and easy. So click here if you're interested in the details.

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By Winter Patriot on 8/28/2006 2:50pm PT  

Guest blogged by Winter Patriot

Today's Washington Post has an excellent piece by Dick Thornburgh (former Republican governor of Pennsylvania) and Richard Celeste (former Democratic governor of Ohio). I'll give you a short excerpt but I urge you to read the whole thing.

Software or hardware problems could render a significant number of voting machines inoperable when they are first turned on. An unexpected sequence of voting inputs on touch screens might cause machines to lock up. Or the cards that voters use to activate voting machines to accept their votes might not work properly. Or voting machines might be inadvertently loaded with the ballot for a neighboring precinct.

Jurisdictions need to come up with contingency plans for such November problems, if they haven't done so already. One possible example: Make preparations to fall back to paper ballots if necessary.

As I've been saying, there's more.

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Takes Constitutional and Jurisdictional Matters Under Advisement
Could Judge Hofmann Be Prying the NeoCon Boot Off His Neck?
By Emily Levy on 8/25/2006 5:52pm PT  

Guest bloged by Emily Levy

Judge Yuri Hofmann announced in his San Diego courtroom today that he will take the constitutional and jurisdictional matters of the CA-50 election challenge case under advisement and issue a ruling next Tuesday, August 29.

The first item up for consideration today in the election contest filed by Attorneys Paul Lehto and Ken Simpkins on behalf of two San Diego voters (and truly on behalf of all of us) was a defense motion for dismissal. Defense claimed that the San Diego court has no jurisdiction in this matter because the Constitution says, “Each House shall be the judge of the elections, returns and qualifications of its own members…” (Article I, Section 5). In other words, The House of Representatives gets to pick its members. (Who really needs elections, anyway?)

Lehto, in response, argued--as outlined here--that if the court has no jurisdiction, then Registrar of Voters Mikel Haas also had no jurisdiction to certify the election, given that certification happened after Bilbray was sworn in. (Yes, you heard that right.)

The defendants also argued that the court has no jurisdiction because plaintiffs had abandoned their recount efforts. According to Lehto, the request for a recount was filed properly within five days of certification of the election. Lehto says, "Jurisdiction was created by filing. That's all the statute says. There is no abandonment rule."

The judge is expected to rule on both the constitutional and jurisdictional issues on Tuesday.

From the courthouse by cell phone plaintiff Barbara Gail Jacobsen reported, "Paul Lehto and Ken Simpkins represented us very well today in court. Lehto said it's invading the sovereignty of the State if someone swoops in and swears the person in and then says there’s nothing you can do. I thought he made some very good arguments about upholding checks and balances in our system and standing up for the right of the people to make sure that elections are accountable. We the People of this country decide on who is going to represent us, and it’s through making sure that our elections are sound that we can know for sure that we have elected people that we want to transfer power to. In this particular case what Paul Lehto was trying to say is that the people's right to know if the election was properly carried out is being blindfolded and taken away by the other side."

We can only hope that before Tuesday Judge Hofmann will have the opportunity to read the rest of the Constitution. It could be enlightening.

Donations are still needed for the lawsuit and other efforts in California’s 50th District to fight the illegal June 6 election. For more information, go to nosleepovers.org.

UPDATE: We have another report of the day's proceedings, this one from Judy Hess of CA 50 Action Committee:

--- Click here for REST OF STORY!... ---

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AP Reports Republican Hand Count Request, Continues to Ignore Busby/Bilbray Election Challenge...
By Brad Friedman on 8/25/2006 10:26am PT  

Blogged by the road (from St. Louis, Missouri) by Brad...

As we wait for the results of the hearing today in the Busby/Bilbray CA50 Election Contest (see this story on the latest absurd claims from the defendants arguing that the U.S. House, not the voters of California get to decide who will be the "winner" of the election) and as I prepare to meet today with folks from the Missouri Honest Elections group, this story was brought to my attention.

No, it wasn't a "sore-loser" who requested the hand "recount" in Missouri's recent primary election for State Auditor. It was a Republican. As we know, only Democrats are "sore-losers" when they ask for such things.

To underscore that point, the following quotes are from an AP report on the matter. AP never bothered to report on the requested hand count in the Busby/Bilbray election, or even on the fact that a contest and lawsuit have now been filed in California Superior Court! We suppose that matter, since it was a Democrat who may have been screwed by the machines --- never mind that it was a federal race determing a new U.S. House member, versus a primary for a state election --- is just not to be considered newsworthy by the AP.

Anyway, Republican Jack Jackson reportedly came in second to Republican Sandra Thomas after the machine count of votes in the Missouri Republican Election to determine the Republican candidate for State Auditor. Jackson received a few reports of problems throughout the day, and so --- responsibly --- has asked for a full hand count and, according to AP says, "Whatever this recount shows, I will accept...[But] right now, I am still a candidate."

We agree.

Jackson said he had received about 15 calls from people who had trouble voting on the electronic equipment used for the first time at many polling places.

"It sent up enough signals that I thought a hand recount was appropriate, and it's so close," said Jackson, of Wildwood, who currently serves in the state House.

Does Jackson's opponent Thomas consider him a "sore-loser" for making the request? Of course not. Jackson's a Republican...

Thomas, currently the Platte County auditor, said she respects Jackson's right to seek a recount. Under state law, both Jackson and Thomas can submit names of people to help in the recount. The candidates or their attorneys can also be present for the recount, which will have to be done in each of Missouri's 116 voting jurisdictions.

Of course, Missouri has no idea what to do now. Does a recount mean they simply push the button to get the same numbers again from the same new electronic voting machines they used to get their numbers the first time? Or does it require a full manual hand count of the paper ballots and "paper trails" as the candidate has requested? Again, election officials find they have no laws for the new voting systems they have now irresponsibly decided to use.

The Democratic Secretary of State, Robin Carnahan, will decide. We hope she makes the right decision and allows for a full hand count. The voters of Missouri (my old hometown) deserve no less.

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Plaintiff in Response: 'Defendant's Argument Means Election Is Uncertified, Never Happened'
UPDATED! NOW WITH A LIVE REPORT FROM THE COURTHOUSE! where Attorney Paul Lehto Claims 'Election Nullification Argument' is Absurd, Power Grab by Speaker of the U.S. House...
By Winter Patriot on 8/24/2006 10:27pm PT  


Guest blogged by Winter Patriot

UPDATE: We have a live update from the courthouse. You can see it at the bottom of this post

We haven't been covering the CA50 Election Mess as often as in the recent past --- while Brad's been on the road and otherwise occupied --- but we have been keeping our ears to the ground, so to speak. (Yes, they get dirty, but so what? We can hear things coming before they happen. It's cool; you should try it.)

My friends, we have been hearing distant rumblings of great power. To get you up to speed quickly...

The CA50 U.S. House special election between Francine Busby and Brian Bilbray was held on June 6, on illegal Diebold voting machines as has been reported here many times. (Click here for a good recent summary of the situation.) On June 13, Bilbray was quickly sworn in to the House of Representatives while thousands of votes were still being counted back in San Diego. (This surprised and angered many voters, especially since a poll taken three weeks before the election showed Busby ahead by 7%.) On June 29, the election was finally certified --- in favor of Bilbray --- by the Registrar of Voters Mikel Haas.

The election was contested on July 29 after Haas refused to allow for a hand count of the ballots, as allowed by California state law. And on August 22, defendants filed a brief in the case to dismiss, stating that because Bilbray has already been sworn in (by the Republican House of Representatives,) the California Court has no jurisdiction whatsoever and the House has exclusive jurisdiction to judge who its members are and the qualifications of those members.

According to an email sent to The BRAD BLOG this evening from attorney Paul Lehto...

The defendants' position is that the court is powerless (i.e. without jurisdiction) to do anything about this election contest, because Bilbray was sworn in only 7 days after the June 6, and long before the election was legally final on or about June 29.

This premature termination of the election in the 50th Congressional District by the swearing in took place while votes were literally still being counted and provisional votes were still being counted, and also this premature swearing-in took place well before the 1% ballot audit required as part of the certification process, and also occurred fully 16 days prior to the official certification of the results.

The defendant's premature swearing-in at the command of Washington DC politicians, if it had any legal effect at all, necessarily means that if there's no power for a Court in San Diego County to protect and review our elections for Congress, there was certainly no power and no jurisdiction for defendant Registrar Haas to certify the results of the election, either.

The swearing in simply terminated the election in mid-count. Consequently, the defendants' arguments about the court's lack of power also mean that this uncertified election does not legally exist, in the legal sense that the election never happened, and this election never became final because it has never been certified at a time when anybody in San Diego had any power to do anything about it.

Because no election is decided or over until it's officially certified, this election was actually decided in Washington DC, and not decided in San Diego's 50th Congressional District.

So there you have it. This is the stick with which Paul Lehto is trying to beat a corrupted electoral machine back into shape.

Here's Lehto's brief responding to the absurd position [PDF] taken by the defendants in this case.

The judge is set to give his decision on the jurisdictional matter Friday, determining whether or not the case will be tossed out based on the argument of the defendants. The court hearing on this matter begins at 1:30 p.m. Pacific time in San Diego.

UPDATE... Michael Collins at Scoop has more. And now, so do we --- below the fold...

--- Click here for REST OF STORY!... ---

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About Brad Friedman...
Brad is an independent investigative
journalist, blogger, broadcaster,
VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.

Brad has contributed chapters to these books...


...And is featured in these documentary films...

Additional Stuff...
Brad Friedman/The BRAD BLOG Named...
Buzz Flash's 'Wings of Justice' Honoree
Project Censored 2010 Award Recipient
The 2008 Weblog Awards



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