[This article now cross-published by The Progressive...]

Well, that was easy. On Sunday, December 22, the day before the deadline for January 2014 insurance coverage under the Affordable Care Act (ACA or "Obamacare"), I signed up without problem.

I used the California exchange website, it took me less than an hour, I'll be able to keep the same provider I had previously (and therefore, the same doctors), and I'll be saving almost exactly $300/month or $3,600/year.

Sounds good to me. I had no "glitches" along the way, at least to date, and the process was quite clear and simple.

Since I'm in fairly good health, and haven't used much of the plan that I've had for years, I opted for a marginally higher deductible in this new plan than I had previously, and the copays for most things will cost me about $15 more a piece. However, I could have had an almost identical plan, from the same provider (and many others) with the same deductible that I currently have, and still would have saved about $150/month. For that matter, every plan offered to me that I was able to compare side-by-side on the exchange site (there were many to chose from), would have been less expensive for me than my current individual plan which I've had for about 15 years.

My apologies for a rather boring Obamacare story. No drama. No outrage. It just seems to have worked as planned --- and will save me a lot of money. (Even if I have to cover my entire deductible next year, I'll still be saving money over what I had been paying to the same healthcare provider.)

While I still find no reason for private insurance companies to profit off of our illnesses --- and hope for a far more moral system of healthcare in this country in the near future (as we've discussed in countless articles at The BRAD BLOG over the years) --- Obamacare, in this case, seems to have worked just as it seems it was designed to.

So, for those who helped make at least that much happen, thank you. I'm better off than I was before Obamacare. So that, at least, is a bit of progress in the right direction.

Over the years, whenever I chat with one of my neighbors (who happens to be gay) about various issues of marriage equality in the news, the state of Utah inevitably seems to come up as the conversational worst-case-scenario stand-in for the dying status quo.

"It'll be interesting to see what effect the new Supreme Court ruling in the Windsor case will have across the country," I might say. "Will a gay couple who were married in California, for example, suddenly stop receiving their federal recognition and marriage benefits if their job requires that they must move to, say, Utah, for their work? Will the courts stand for a couple receiving full federal recognition in one state, but allow that recognition to be removed simply because they moved to another? That doesn't seem either legally or Constitutionally sustainable...Even in a state like Utah."

Welp, guess we now have our answer to that speculation at least, and much more specifically than any of us might have thought over the past year or three, now that a federal judge yesterday found Utah's state constitutional ban against gay marriage to be in violation of the U.S. Constitution. Some 30 other states currently have similar laws or state constitutional bans on equality for all.

"The court holds that Utah's prohibition on same-sex marriage conflicts with the United States Constitution's guarantees of equal protection and due process under the law," Judge Robert J. Shelby (an Obama appointee) wrote in his 53-page ruling at the U.S. District Court for the District of Utah, Central Division. "These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being."

I guess I'll have to find another "Utah" for purposes of neighborly speculative conversation about equal marriage rights legal issues. The Deep South states like Mississippi or Alabama might have seemed like good candidates. But between the fairly clear, conservative --- and surprisingly early --- holiday message sent by Judge Shelby in the Utah case yesterday (which is, of course, being appealed by the state, but that will fail soon too), and the awesome message from this Daily Show video from last month, I suspect we'll be running completely out of status quo states all together pretty soon. Or, at least, we'll have 50 status quo states...

"True the Vote" (TTV), the Orwellian-named Republican "voter fraud" front group with a long and sordid history of deception and fraud won't take 'no' for an answer. Release the hounds.

The group has filed a formal notice of appeal [PDF] of U.S. District Court Judge Nelva Gonzales Ramos' recent refusal to permit TTV to intervene as a party defendant in the U.S. Justice Department's (DoJ) federal legal challenge to SB-14, the Texas polling place Photo ID statute.

Judge Ramos found that the interests of the organization --- which masquerades as an "election integrity" group in order to actually advocate for voter suppression --- were already adequately represented in the lawsuit by the state of Texas itself.

As they were filing their notice of appeal, the disgraced GOP "voter fraud" front man, Hans von Spakovsky --- who also just happens to serve on the "advisory board" for TTV --- challenged the court's rejection of the groups Motion to Intervene in an article published at the right-wing National Review. His work there, as usual, represents a masterful example of deception, dishonesty and well-remunerated cherry-picking. That is, apparently, what Hans von Spakovsky does for a living.

He is amongst good friends in the Republican Fraud community this time out...

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At a press conference in Richmond moments ago, late on the third day of a three-day "recount" process in Virginia, state Sen. Mark Obenshain (R) conceded this razor-thin race against state Sen. Mark Herring (D) for state Attorney General.

Herring will replace VA's outgoing, far right Republican AG Ken Cuccinelli who lost his own battle for the Governor's office last month.

Obenshain's concession this afternoon comes after what had previously appeared to be the closest statewide race in history. Just 165 votes out of more than 2.2 million cast had separated the two when the November 5th race was certified by the State Board of Elections late last month. But, by yesterday, Herring's lead had widened to more than 800 votes after two days of what passes for a "recount" in VA (there is no "recount" on touch-screen electronic voting systems used by most voters in the state and most of the paper ballot localities simply re-run the bulk of paper ballots through optical-scan systems again, as per state election code.)

Obenshain's decision means that Democrats will take control of all three statewide offices --- Governor, Lt. Governor and Attorney General --- for the first time in the Old Dominion since 1969 and the first time in twenty years that a Democrat will control the AG's office there.

It also means that a potentially divisive election contest --- described by some as the "nuclear option" --- will not be invoked by the Republican candidate. Once the "recount" is fully complete on Friday, and all of the very few "challenged ballots" are adjudicated by a three-judge special recount panel in Richmond, Obenshain would have had until Monday to file a contest. Unlike similar post-recount contests elsewhere, in Virginia the matter is not decided by a court of a law, but rather by a majority vote of a joint session of the state legislature, which is currently dominated by Republicans.

With both candidates currently serving as state Senators, a special election to replace either winner of the AG race was going to happen no matter the outcome of the "recount". The only question was which state Senator would need to be replaced. Obenshain's district is believed to be solidly Republican and likely would have stayed that way had he won the AG election. Herring's district, however, is currently seen as a toss-up. While the VA House is predominantly Republican, a GOP victory in the special election to replace Herring in the state Senate would swing the balance of that chamber over to Republicans as well.

Given the way Virginia forces the majority of voters to vote on 100% unverifiable electronic voting systems, and that the majority of votes cast on paper ballots are first tallied and then "recounted" by electronic optical-scan computers (either correctly or incorrectly, who knows?), we'll never know who voters really wanted to win this year's AG race. But this, apparently, is, as they say, "close enough for government work". Voters in VA deserve, and should demand, a much more transparent and overseeable system for the most crucial element of their system of self-governance.

Barring any surprises, Herring will be sworn into office in January, along with Democratic Governor-elect Terry McAuliffe and Lt. Governor-elect Ralph Northam.

Previously related #VAAG coverage at The BRAD BLOG...

The "recount" is not going well so far for Virginia state Senator Mark Obenshain (R). What had been the closest statewide race in history, while still close, is beginning to open up for state Senator Mark Herring (D), who had been previously certified by the State Board of Elections as the "winner" of the November 5th state Attorney General's race.

After two days of what suffices for a "recount" in the Old Dominion's election to replace outgoing Republican AG Ken Cuccinelli, Herring's state-certified 165 vote lead prior to the "recount" expanded to more than 800 votes on Tuesday, out of more than 2.2 million cast. According to the Democrat's campaign, more than 70% of the votes have now been re-tallied across the commonwealth as of Tuesday night. The three-days of re-tallying will end Wednesday, with a three-judge panel in Richmond making the final determinations on any challenged ballots by Friday.

Herring may have hired MN Sen. Al Franken's election recount attorney to represent him in VA, but the three-day affair there, so far, is nothing like the epic six-month-plus post-election hand-count in the 2008 U.S. Senate race between Franken and his Republican opponent Sen. Norm Coleman.

There, every single paper ballot was examined publicly, by hand. The time it took was, in no small part, due to the transparent thoroughness of the counting, but perhaps much more to Coleman's attempts to challenge everything he possibly could, arguably as a way to forestall what would become a very short-lived filibuster-proof Democratic super-majority in the U.S. Senate once Franken was finally seated in July of 2009.

In Virginia, as we've described several times in detail, the "recount" process is barely a count at all, given that most votes in the state are still cast on 100% unverifiable (and unrecountable) Direct Recording Electronic (DRE, usually touch-screen) voting systems. The rest of the votes are cast on paper ballots, but those are tallied by often-inaccurate, easily-gamed optical-scan computer tabulators, either correctly or incorrectly --- without a hand-count, there's no way to know. By Virginia's "recount" statute, almost all of those paper ballots are simply being run through the same optical-scanners again, rather than examined by human beings. The exception is ballots that register no vote for either candidate during the re-scanning. Those are then set aside and examined by hand during the "recount".

But, in a race as close as this one, there are more than enough paper ballots to flip the results from one candidate to the other during such a post-election tally.

In this case, however --- at least as of Tuesday night --- it's not looking good for Obenshain, as Herring is racking up more newly tallied votes than the Republican in almost every locality where there have been any changes to the totals at all...

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A federal judge has found the bulk collection of metadata of U.S. phone calls to be "indiscriminate" and "arbitrary" and, therefore, in violation of the Constitution's 4th Amendment right against unreasonable search and seizure. His opinion was hailed by former NSA contractor Edward Snowden who has been asserting that point as the central basis for his having leaked thousands of classified documents in regard to programs run by the federal agency.

Politico's Josh Gerstein, who appears to have been the first to break the news today, reports it this way...

Now, Klayman is, in fact, a Rightwing loon who is separately in the process of, literally, attempting to overthrow the U.S. government. But, as journalist Glenn Greenwald --- the man who has been most intensely reporting on Snowden's leaks --- notes today: "the ACLU has a virtually identical lawsuit against the NSA as the one where the judge today ruled against NSA".

Judge Leon went on to write in his scathing opinion...

A federal District court judge has nixed a rightwing "voter fraud" group's Motion to Intervene on behalf of the state of Texas in the U.S. Dept. of Justice's lawsuit to block the Lone Star state's polling place Photo ID restriction law.

Last month, The BRAD BLOG reported on the DoJ's Opposition motion filed in response to the motion by the Republican "voter fraud" fraudsters who call themselves "True the Vote" (TTV). In its motion, TTV sought to become a party to the DoJ's federal legal challenge to SB-14, the state's polling place Photo ID restriction law which TX Attorney General Greg Abbott (R) instituted just hours after the U.S. Supreme Court demolished one of the central protections of the long-standing federal Voting Rights Act this past summer.

Last week, U.S. District Court Judge Nelva Gonzales Ramos tersely dismissed TTV's motion, issuing a two-page order [PDF] finding that the organization's "interests are generalized and are adequately represented by the State Defendants."

"The Court finds that True the Vote's intended contribution to this case may be accomplished without the necessity of, or burden incident to, making it a party," Ramos said.

The Judge's ruling was in line with the DoJ's own response to TTV's motion. They had argued that the group had not established a right to intervene because their motion detailed little more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative." Permissive intervention was inappropriate because, the DoJ argued at the time, since the group was adequately represented already by the State of Texas itself. Its participation in the case, the DoJ claimed, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote's numerous allegations of purported voter registration irregularities."

In our previous piece on the DoJ's response to True the Vote, we highlighted the group's extraordinary track record of deceptive voter suppression tactics and noted that it would be "absurd" that the hapless TTV should be ever be taken seriously by anybody, much less allowed to intervene in a critical federal lawsuit.

Although the court will still permit TTV to file amicus curiae (friend of the court) briefs, last week's ruling should serve to help expedite the proceedings without unnecessary diversionary tactics from this unreliable, deceptive Republican voter suppression front group.

Judge Ramos has set a September 2014 trial date in the case, which will come just two months before Abbott, defending the state as AG, will likely face his own election contest for Governor as the Texas Republican Party's currently-presumptive nominee. This past September, we detailed how the TX law at issue had already been found in violation of both federal law and the Constitution in previous cases that had come before the courts prior to the U.S. Supreme Court carving out the heart of the federal Voting Rights Act in late June of this year.

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[This article now cross-published by The Progressive...]

We've discussed, many times over the years, the madness of Internet Voting schemes. Today we've got yet another piece of disturbing evidence that underscores why such a scheme for American democracy would be nothing short of insane.

The BRAD BLOG has highlighted how easily Internet elections can be hacked by all sorts of nefarious folks (perhaps most disturbingly, without the knowledge of election officials); how various experiments in Internet Voting have proved disastrous (Hello, Canada! Hello, Honolulu! Hello, Oscars!); and how it is simply impossible to do a true pilot test of any such Internet Voting schemes in advance, since the most dangerous tactics that bad guys might throw at an Internet-based election in order to game it are actually illegal. Because of that, good guy "white hat hackers" wouldn't be able to use those same techniques to test the security of any Internet Voting scheme before it was actually put into use in a live election.

Moreover --- and perhaps the deal-breaker when it comes to the viability of Internet Voting ever being workable in public elections --- even if the Internet Voting scheme remains secure, there is no way that the citizenry can know that was the case. Any such scheme would require faith and trust in others, which is decidedly not what our system of oversight and checks and balances in public elections is supposed to be built on. Thus, even a secured Internet Voting scheme would seriously undermine the basic tenets of, and overall confidence in, American democracy.

Now, Kim Zetter at Wired's "Threat Level" blog offers yet another reason why the Internet, as it currently exists, is simply unfit to serve as a means for secure online voting. Her recently published article, which doesn't focus on voting, is alarmingly headlined "Someone's Been Siphoning Data Through a Huge Security Hole in the Internet".

And no, in this case, it's not the NSA. At least as far as we know.

Zetter details a "huge security hole" indeed, one which, as she documents, was found to have been used earlier this year to re-route "vast amounts" of U.S. Internet data all the way out to Belarus and Iceland, where it was intercepted in a classic "man-in-the-middle" fashion, before being sent on to its intended receiver. During the hijack attack, the senders and receivers of the Internet data were none the wiser, just as would likely be the case if the same gaping security hole in the Internet's existing architecture was used to hijack votes cast over the Internet, change them, and then send them on to the server of the intended election official recipient...

Yesterday, nearly five years after President Barack Obama first assumed office, the U.S. Senate removed what has been described by some progressives as the "single largest obstacle to meaningful economic recovery" when it was finally allowed to vote for the confirmation of Rep. Mel Watt (D-NC) as the new Director of the Federal Housing Finance Agency (FHFA).

In a vote allowed by a recent change to filibuster rules in the U.S. Senate, Watt will now replace Bush appointee Edward J. DeMarco, who was first appointed in 2008 and became the acting Director of the federal agency in 2009.

The FHFA oversees the government-sponsored mortgage giants, Fannie Mae and Freddie Mac, which collectively own 60% of all mortgages in the United States. The agency also oversees 12 Federal Home Loan Banks, which, according to the Washington Post, "serve as major sources of funding for hundreds of banks."

In a statement issued late yesterday, praising Watt's confirmation and chiding Senate Republicans for their obstructionism in holding up this and many other uncontroversial Presidential nominations, Rep. Xavier Becerra (D-CA), Chairman of the House Democratic Caucus, highlighted the importance of the FHFA's intended role in safe-guarding homeowners.

"Republicans in the U.S. Senate callously blocked the confirmation of the supremely qualified Congressman Mel Watt to be our nation's Director of the Federal Housing Finance Agency," Becerra said. "Today, by a bipartisan vote of 57 to 41, Rep. Watt is on his way to lead the FHFA as America's watchdog over the American Dream. What a difference a day makes when the Senate is free of the mischief of exploitive filibusters"...

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I'm in the middle of a number of other things, but I wanted to just offer a quick --- and very belated --- note of congrats to longtime citizen Election Integrity advocate Tom Courbat of Riverside County, CA. (Decidedly not to be confused with Pennsylvania's democracy-hating Gov. Tom Corbett.)

Late in the summer, California Gov. Jerry Brown (D) signed AB 831, a short and simple bill, brought to the legislature by Courbat and introduced there by a Republican, requiring elections officials in CA counties to publish the "Statement of Vote" --- the official precinct-by-precinct results --- to their websites "in a downloadable spreadsheet format".

While that doesn't seem extraordinary --- and may even come to a surprise to many who might have presumed all elections officials already do that --- it really is an important and helpful bill for those who understand the difficulty and frustration, in many cases, that citizens may sometimes have in trying to oversee election results. Some of you "election geeks", in particular, may appreciate how difficult it can often be to make sense of questionable election results, or to double-check very close races in places where precinct results are not made available at all, or where they are published only in HTML or PDF formats which are not easily imported into a spreadsheet where numbers can be more carefully examined for inconsistencies, irregularities or simply missing votes.

As Courbat noted after the bill was signed, the new CA state law "will make it much easier for candidates and election integrity advocates to rapidly analyze election results for any anomalies."

"Candidates wishing to request a recount have only five days after publication of the Statement of Vote to file for a recount," he noted. "Since recounts can be quite expensive, this capability to analyze sometimes voluminous data can be the deciding factor in a go/no-go decision by a candidate."

As anyone who followed our harrowing detailed coverage this year of Virginia's still-ongoing November 5th Attorney General's race may recall, it was, in fact, exceedingly close citizen scrutiny of precinct-by-precinct results which discovered some 3,000 missing votes from Election Night results. Those "found" votes may well turn out to have made the difference in that state's closest-ever statewide race (which currently has a 165 vote margin as it heads into VA's version of a "recount" just over a week from now)...