The Help America Vote Act of 2002 (HAVA) was signed into law in Oct. 2002. Amongst other things HAVA required the formation of the Election Assistance Commission (EAC) and provided some mandates, in Title III of the law, for federal elections including some standards for voting systems. Those standards include, but are not limited to, accessibility for voters with disabilities and accuracy in the vote count. Testing by experts in accessibility has shown that none of the Direct Recording Electronic (DRE, usually touch-screen) voting systems presently in use meet the requirements for accessibility for disabled voters. Failures in testing and vote counting in real elections have also proven that, at times, the voting systems presently being used across the country do not meet the federally mandated requirements for accuracy.

So what guidance has been provided by the EAC to the states with regards to Title III? Well, actually none. In fact even though voting systems presently in use do not meet federal law the EAC is just now getting around to issuing guidance to state and local election officials and, according to the draft of the plan 'featured' below, it is going to take another two years before the EAC can complete the guidance.

Why can't they just tell the vendors and the states that the law is clear and, if they fail to follow that law, violations will be referred to the DoJ? The fact that the vendors misrepresent their products as being accessible is a clear violation of the law. It is time they are held responsible and it doesn't take two years of studying Title III of HAVA to make that clear....

Guest blogged by Jon Ponder, Pensito Review.

It's interesting that voter turnout in California last month topped both of former Gov. Ronald Reagan's presidential elections, as well as all other elections going back to 1972 when Richard Nixon, another Californian, trounced George McGovern:

Here's your chance to offer helpful thoughts, advice and concerns to the federal commission tasked with overseeing U.S. election administration, testing and certification of voting machines and (theoretically) serving as a national "clearinghouse" for problems with such machines.

High-ranking sources within both the U.S. Election Assistance Commission (EAC) and Obama transition team have indicated to The BRAD BLOG that changes are likely afoot for the executive branch commission as the new administration begins to take control of it. Now is likely a very good moment for you to speak up to them about it.

From an EAC press release just issued today...

Guest blogged by Jon Ponder, Pensito Review.

George W. Bush's trashing of America is not quite complete...

Guest blogged by Brad Jacobson of MediaBloodhound

From the aftermath of the 2003 "shock and awe" bombing campaign all the way through Thanksgiving Day 2008, major US news outlets have nearly uniformly blacked out or downplayed reports of the Iraqi death toll. But a recent Associated Press article reveals the depths to which these outlets are still willing to delve to censor this information.

In the November 27 article "Iraqi Parliament OKs US Troops for 3 More Years," by Christopher Torchia and Qassim Abdul-Zahra, AP editors approved the following characterization of Iraqi deaths suffered since the US invasion:

How's that for a statistically rigorous accounting? With the exactitude of a third-grader's book report cribbed from a novel's dust jacket copy, the AP --- America's #1 wire news service --- blankets US news outlets with a quantification of Iraqi casualties that would've made Stalin proud.

In truth, the worst of it isn't Rightwing Radio and other such outlets which we expect to be GOP shills. Far more insidious --- as we discussed recently on the Gregory Mantell Show --- is the lazy, enabling, complicit, rightwing slant of actual news outlets, such as AP, WaPo, NYTimes, etc., which are generally believed by the public to be credible, down the middle, unbiased, and legitimate. They aren't. As proven time and again over the last eight years. And they're still at it, even in the waning days of Bush. They're now helping him to prop up a phony legacy as phony as the last eight years of the phony illusions of "success" they helped him invent in the first place.

Greg Sargent elucidates the latest round of corporate mainstream media misreporting which, conveniently, helps both Bush and --- perhaps more to the point --- themselves by justifying their own failure to report the story of the unnecessary War on Iraq accurately, as they did, straight from the jump...

Take note, America. This is how it's done...

(Hat-tip Steve Heller of VelvetRevolution.us)

Guest Blogged by Jill C. of Brilliant at Breakfast

Sometimes a Firesign Theatre reference is necessary just to get through the day.

Funny how the black helicopter crowd (which is sure to crawl back out from the rocks under which they've been hiding during the entire time George W. Bush has eviscerated the Constitution), never mind the "less government" pseudo-libertarian crowd, is utterly silent about this alarming report...

This article in Milwaukee Magazine was published last week, but I only had the chance to read it today. It was written by Dan Shelley, the former news director/program manager at one of Milwaukee's largest and most powerful radio stations, WTMJ. The article offers a lot of inside skinny on how Rightwing Radio chooses its slanted topics, marches in lockstep with GOP talking points, sets up its "conservative" listeners as victims, and shuts out all but the most artfully selected opposing viewpoints.

Shelley points to the popular Charlie Sykes, who hosts one of the shows he'd produced for years at WTMJ, and some others by way of examples of how the scam works.

"There is no way to win a disagreement with Charlie Sykes," writes Shelley. "Calls from listeners who disagree with him don't get on the air if the show's producer, who generally does the screening, fears they might make Charlie look bad. I witnessed several occasions when Sen. Russ Feingold, former Mayor John Norquist, Mayor Tom Barrett or others would call in, but wouldn't be allowed on the air."

I'll take this moment to mention, yet again, that this is all being done on the publicly owned airwaves, which we grant license to out of the kindness of our public hearts, and which the wingnuts enjoy as public welfare queens to bludgeon Americans into voting against their own self-interest.

There's a reason guys like Hannity, Limbaugh and O'Reilly are so frightened of some form of restoration of the Fairness Doctrine. It's not because it would remove them from the air, as they like to lie about to their listeners, but because it would actually require them to be fair by carrying opposing viewpoints. Ya know, that balance thing you've heard so much about on Fox "News" where they're just kidding about it. If they weren't kidding about it, why would they be so terrified about restoring what Reagan did away with in 1987, which then allowed for the Hannitys, Limbaughs and O'Reillys to go on air, on virtually every single station, in every single market, to freely lie to the public via its own airwaves?...

Have been taking a few much-needed down hours over the last few days, as per my notice a few days ago. Has been good, if nothing else, for my wrist (which needs the rest, as noted, and as per doctor's orders). Hope to continue same for a while, though will be jumping in as needed and unavoidable, even as more Guest Bloggers will hopefully be coming aboard in the days ahead.

For your holiday weekend viewing pleasure in the meantime, I taped this show a few weeks ago, for airing on public cable channels in Los Angeles, New York and elsewhere. The topic, incredibly enough: "Is there a liberal bias in the media?" As you can imagine, I had a thought or two on that, as did the other guests who joined me on the panel.

Full show, appx 26 mins, I'm in the first and last, of the three segments...

Note: A week or so later I was invited back to do another episode, this time on election issues, on which I was the only guest. I'll try to get that posted here as well as soon as Gregory makes it available on the Internets.

...That it's our last legitimate opportunity to use the following photos:

Fake turkey in Iraq.

"I could really use a pardon."

(Your alternative captions welcome in comments.)

...And, among other things, that so many of you have joined me, for so long, during this bizarre and often horrifying journey, for so many years. My thanks to you all, and hopes for a peaceful holiday for you and yours. -- Brad

My column this week at the UK's Guardian seems to have provoked some impassioned comments in return.

Before the editors had at it, it was titled in full: "Democrats to the Blogosphere: Thanks for Everything, Now Go Away".

And, by way of value-added content here, these were the first two grafs of the piece before they were excised for length reasons on the published final product...

The Bush administration and Republicans in Congress stored up plenty of good will over the last eight years...for a Democratic sweep on November 4th. But it wasn't necessarily enough good will to lead Progressives to look the other way when Barack Obama and the Democratic leadership start snubbing those who brung 'em to the dance --- and both of them are getting a good start at it right out of the box.

Barrack Obama promised "change", but didn't necessarily explain "change from what". Somehow, many of those who supported and voted for him got the notion that his calls for "change" meant change from the old politics of both the failed Republican and Democratic party leadership. I don't know where they got that idea

Now go read the Guardian column which, largely, picks up after the above. Your comments there, and/or here, always welcome, of course.

Guest blogged by Jon Ponder, Pensito Review.

In their outreach to blacks, Latino, Asians and other minority voters, the conservative operatives behind Proposition 8 neglected to mention a key aspect of the initiative that could contribute to rolling back minority rights for years to come.

Prop 8 not only rendered quaint the California Constitution's equal protection clause --- a foundational precept that instructs the state to protect the rights of all citizens equally --- it also rescinded the right to marry for California gays. This sets it apart from other states' anti-gay marriage amendments because it establishes a precedent for conservative efforts to curb minority rights using ballot initiatives and by other means:

Our friend Mark Levine of Radio Inside Scoop gets Prop 8 fever and calls the Leftists out! No more marriage for those perverts! (Why don't we ever get such good callers when we're hosting on the radio?)...

RELATED...Princeton University moves to ban freshmen from the sidewalks: "The Princeton Proposition 8 campaign aims to secure the definition of Princeton University sidewalks as a means of pedestrian transit for sophomores, juniors, seniors, graduate students, faculty, staff, and other members of the university community, but supports the elimination of the right of freshmen to walk on sidewalks."

The majority supporters of the measure note that "they are not 'froshophobic' and that some of their best friends are freshmen, but they maintain that freshmen on the sidewalk degrade the sacred institution of sidewalks."

We concur with both of the above efforts. Details and video on the latter here. Minorities have gotten away with too much for too long in this country, under the guise of "rights"! We say that all must change now!

UPDATE at end of article.

Math/statistics/poll-wiz Nate Silver at FiveThirtyEight.com predicts the race between incumbent MN Sen. Norm Coleman (R) and challenger Al Franken (D) could result in a 27 vote win for Franken. That's right, just 27 votes.

With that in mind, every single vote matters, so it's of note that the Franken campaign is now wondering about some missing ballots in a number of counties. From Public Record's coverage last night:

That in mind, we'll take the opportunity to remind both parties in the recount of our earlier suggestion that they make public records requests (if they haven't already) for the invoices from printers of all of the original ballots, and then request that all ballots --- including unvoted ballots --- be counted as part of the final reconciliation of ballots. The number of voted, spoiled, and unvoted ballots should be exactly equal to the number of ballots shown as printed originally on those invoices. If not, there's a problem.

But while ballots have now turned up "missing," and absentees have been tossed from the hand count, the GOP seems to be preparing for a FL 2000 PR gambit to "win" at all costs...

We've got a few more notes/thoughts on a couple of related ballot issues that have bubbled up over the last few days as we've been driving across the country. Given the closeness of this race, these issues could ultimately end up deciding it one way or another, even as the GOP seems to be preparing a FL 2000 PR gambit to "win" at all costs, no matter the final outcome of the hand-count...