Wide-spread voting machine failures have been reported to the Obama/DNC election protection hotline in Nevada since early voting began more than a week ago in the state, The BRAD BLOG has learned. All voters who vote in person in the crucial battleground state are forced to cast their votes on 100% unverifiable Sequoia EDGE touch-screen voting machines with the VeriVote "paper trail" printer add-on.

Attorneys monitoring the incident reports coming in to the hotline have taken no action in regard to removing the failed machines from service, despite reports of the presidential race not appearing at all on some ballots; voters having problems selecting their preferred candidates; machines not starting up at all; "paper trail" printers jamming or running out of paper, and; a number of machines at a number of sites which refuse to work at all.

And this is just during early voting. A number of those startling reports are posted at the end of this article...

Guest Blogged by John Gideon of VotersUnite.org

The U.S. Election Assistance Commission (EAC) received this letter [PDF] well over a week ago from Oakland County, MI, concerning ES&S precinct-based optical-scan systems that "yielded different results each time" the "same ballots were run through the same machines"...

This problem, discovered during pre-election "Logic & Accuracy" testing of the systems, would hardly be the first time that ES&S has failed to deliver on maintenance contracts, adversely affecting voters and election results in the bargain. We saw many similar problems during the 2006 primary election cycle. These precinct-based scanners are used throughout the nation, as ES&S is the nation's largest distributor of voting systems in the U.S.

The EAC received this letter a week ago, and we're trying to learn when it was finally posted to their website. But, more importantly, as they have a mandate via the Help America Vote Act (HAVA) of 2002 to serve as a "clearinghouse" for such voting system problems, has the EAC sent a warning about this issue to any other jurisdictions where the same equipment or company is used?

From an emailer in Florida...

And we continue to hear from other sources that the bottleneck in Florida is at check-in with the state's new, computerized voter registration system, not with the new paper ballot op-scan system which is used after a voter votes. (Though there have been reported problems with the state's new Diebold print-on-demand system for printing ballots for voters to fill out as well.)

Rachel Maddow correctly noted (see video below) that these waits in FL, GA, and elsewhere, amount to a "poll tax." She's right.

As I noted last week, we have just one early voting location in all of Los Angeles --- the largest voting jurisdiction in the country, larger than 41 states combined --- and at this point, I have no idea if I'll be able to vote myself if the lines are too long tomorrow, since I have to go on air LIVE, hell or highwater at 3pm PT to anchor the NovaM Radio Network's "Special Election Night Coverage."

Here's what the lines looked like this weekend at L.A.'s only early voting location, a 40-minute drive from where I live (photo: Margery Epstein)...

And here's Rachel making her case, and pointing to 10 hour lines in Atlanta and elsewhere...

[Ed Note: Please "Reddit" this one up, as Republicans have been trying to down rate it over there!]

A devastating article on Sunday destroys the GOP's claims of "voter fraud" as a member of McCain's own (amusingly named) "Honest and Open Election Committee" has admitted that Republicans are unable to cite a single "documented instance of voting fraud that resulted from a phony registration form."

The admission underscores our bold and knowing assertion of same, back in the early days of this year's fake GOP ACORN "scandal", when such assertions weren't popular, as noted for history both here at The BRAD BLOG and at the UK's Guardian.

The fact-based comments were made despite the once-honorable Republican nominee's dangerously specious claims during the final Presidential debate, that the ginned-up "crisis" was "one of the greatest frauds in voter history" and was "maybe destroying the fabric of democracy."

Looks like someone in his own campaign failed to get the memo. But it's not about facts, it's about fears, even ones that they themselves have created. As we've come to learn, that's more than good enough for the U.S. Supreme Court at least, and certainly for those attempting to keep you from being able to cast your legal vote...

-- Brad Friedman, The BRAD BLOG

Why corporate mainstream journalists have a need to identify everyone as either "liberal" or "conservative" is beyond me. But setting that aside, of far more import is the substantive information in Washington Independent journalist Jonathon E. Kaplan's report today featuring lead Obama attorney Bob Baeur's attempt to defend against my fervent critique of the campaign's woefully inadequate and dangerously misguided efforts in dealing with the massive voting machine problems occurring around the country since early voting began (and, of course, well before even that)...

[Note 11/3/08: An updated version of the article, now posted here, scales by on the "liberal" thing, after I sent a gentle complaint to Kaplan.]

The article does nothing to assuage my concerns about the Dems' self-proclaimed "behind the scenes" efforts on these matters. Bauer was still unable to offer a shred of evidence that the campaign or the DNC has taken such concerns about the use of wholly unverifiable voting systems --- and worse, allowing and actually encouraging election officials to access those machines during the election, at the time they are most vulnerable to tampering, for "recalibration" --- with the gravity the issue deserves.

Incredibly (though no longer surprisingly), the Democrats persist with their tortured logic that taking action on problems with voting machines will somehow depress the electorate, before quickly changing the subject to concerns about Republican chicanery on the front-end voter suppression stuff.

As an Election Integrity advocate recently noted rather eloquently, the front-end voter suppression issues and the back-end voting machine failures are two sides of the same coin. You can't worry about one without worrying about the other. The Dems, unfortunately, are still worried about only one side of the coin, as Kaplan's report demonstrates all too clearly (yet again) today...

Guest blogged by DES

Late last week, a federal court spanked Colorado's Republican Secretary of State, Mike Coffman, ordering him to restore tens of thousands of registered voters to the state's voting rolls and allow them to vote, requiring that officials count those ballots, and --- perhaps most importantly --- placing the onus on elections officials to justify the removal of voters from the rolls, rather than forcing the voters to prove they are who they say they are...

Jesus. This is what/who voters in Philadelphia are being forced to deal with, as per our Pennsylvania coverage this week (here and here), concerning the fight by the NAACP and a local Election Reform coalition to get paper ballots for citizens, so that they can be sure to cast a vote, from a Democratically-controlled state hell bent on fighting that.

Since she says in the video we should take care to spell her name right, the woman responsible for running elections in Philadelphia is Marge Tartaglione (D) and, as the video suggests, she's a horror. And not only for her indefensible statements against the distribution of paper ballots to the effect of "long lines are not a problem...Long lines are no justification for any thing but waiting...people wait in long lines overnight for baseball tickets...people wait in line all night for a new Ipod." Though I'm not aware of any 80 year olds who do either of those things, or anybody who does that in the middle of a word day, and I'm fairly sure anybody who does do that, does so by their own choice, not because they are forced to do so in hopes of exercising their right to cast a vote.

The video --- by citizen journalists Danielle Ivory and Lagan Sebert (more details and context here) --- is well-worth the 4:43 minutes of your life it'll take to view it. Good luck, Philly! Looks like you're gonna need it! Again...

3 days until Election Day.

Just a comment to those who want to dismiss 'vote-flipping' as voter error. All kinds of people go to the polls to vote. They are highly educated and high-school dropouts. Rich and poor. They have long fingernails and nails bitten to the quick. They have thin fingers and wide fingers. They are going to softly touch the screen or touch it hard. Vendors and election officials tend to blame vote-flipping on the voters. They touched the screen too hard; drug their finger; had long fingernails; or their fingers touched too large an area. So, is it the voters fault? NO! It is the vendors who designed, built and sold these machines that don't work for all voters and it is the election officials who bought those machines.

A large majority of the 'vote-flipping' has been on older ES&S iVotronic DREs; those machines that were featured on last year's Dan Rather Reports. The cheaply built, poorly tested touch screens that were used as components on those systems should have been scrapped long ago. It's not the voters fault and this constant pointing of fingers is wrong. The vendors need to remember that when they point a finger at the voters they have three fingers pointing back at the real culprit, themselves; and it makes no difference what those fingers look like, they are the fingers of blame....

[Comments turned back on, but the first 57 may have been lost when our server crashed under the straight of huge traffic on Saturday. We're trying to recover, but my apologies if we cannot get them back. Please repost as needed. - BF]

Well, now, finally we may be able to get rid of these damned things, now that it's actually happened to Oprah. Via Huff Po...

Here she is explaining what happened on video, followed by me explaining that it's not her fault (as she suggests in the video), and what both she, and every other voter in America needs to know about what happened to her, and how to keep it from happening to them...

Guest Blogged by Steve Heller of VelvetRevolution.us

The Republican IT guru, recently described as a "high tech Forrest Gump" for his proclivity to be "at the scene" of so many troubling elections since 2000, and even at the heart of the "lost" White House email scandal, has been ordered by a federal judge to appear for an under-oath deposition next Monday in Ohio.

The BRAD BLOG has learned that Mike Connell, the Republican IT guru whose company, GovTech Solutions, created Ohio's 2004 election results computer network, appeared in federal court today, as compelled, and has been ordered to appear for his deposition on Monday, November 3, just 24 hours before Election Day 2008.

Today's court order came after a contentious hearing, at which Connell was present. The hearing was part of a long-standing voting rights violations lawsuit, King Lincoln v. Blackwell, as previously covered by The BRAD BLOG and by Velvet Revolution's Election Protection Strike Force here and here.

Though Connell's attorneys have fought to quash the subpoena, recently issued after the judge lifted a stay on the case several weeks ago, it looks like his options to avoid testimony, or at least jail for avoiding it, may have come to an end. The attorneys in the case have said that Connell's testimony may well lead to the subpoenaing and under-oath questioning of Karl Rove, who, they say, would be unable to use Executive Privilege as an excuse to avoid such a subpoena in a civil RICO case...

Because I can use this now as much as you likely can...On Thursday night, The Daily Show's John Oliver slammed the GOP "ACORN Voter Fraud" phonies and the entire, obnoxious (and I believe very ill-advised) "community organizer" insult. Hope you'll enjoy it as much as I did! For the record, our special coverage page on the GOP's "ACORN 'Voter Fraud' Hoax" is right here...

Guest Blogged by John Gideon of VotersUnite.org

From News4 in Jacksonville, FL...

If the signature doesn't match the voter is not asked to provide proof of who they are? In Washington state if our signature does not match on our absentee ballot the county contacts you and gives you the opportunity to go to the county election office and provide ID and your ballot is then accepted.

In the suburban county of Montgomery, just outside of Philadelphia, election officials have, inexcusably, been caught off guard by a new, court-mandated directive by PA's Secretary of the Commonwealth Pedro Cortes.

The directive requires that counties have enough emergency paper ballots (EPBs) on hand at polling places to ensure that voters can vote if half, or more, of a precinct's voting machines break down. County officials admit today that they were completely unprepared for the directive, and even for the likelihood of serious machine failure, despite known problems with the touch-screen voting systems they use, or the extraordinary voter turnout long-predicted for next Tuesday.

The new directive [PDF] was issued yesterday, as we reported last night in our late update to our article on the lawsuit. The successful suit was filed last week against the Democratic Secretary, by the NAACP and a local election protection coalition. It followed on Cortes' directive a month a go that EPBs needed to be given out to voters only in the event of failure of 100% of a precinct's machines.

Cortes' original directive, and even the one issued yesterday, has been seen at odds with a PA statutory provision that allowed counties to offer paper ballots in the event that just one machine has failed. PA uses Direct Recording Electronic (DRE, usually touch-screen) voting systems across most of the state, and is a key battleground for John McCain's attempt to win the White House this year...

4 days until Election Day.

Georgia has, again, had problems with their voter registration database. This time there were between 500 and 1000 voters, depending on reports, who were left standing in line for two hours while they waited for Fulton Co. officials to reestablish connection with the state's computer system. This will be a huge problem on election day and may cause thousands of voters to give-up and go home. Let's hope not.

I never imagined that I would find myself agreeing with anything that John Fund had to say but in our 'Featured' article Fund wrote one graf that gives me hope for the guy. He said, "Independent, nonpartisan groups, as well as candidates and parties, should be authorized to appoint poll watchers to observe the election and the vote tabulation. All vendors who supply voting machines and computer software should be required to undergo investigation for financial security and integrity. Clear rules for identifying what constitutes a vote and procedures for contesting an election result must be developed by each state"....