Another check of the accuracy of Diebold/Premier voting machines has found that they fail in that department. While performing a state mandated audit Montgomery Co, Ohio, elections officials found that a memory card from one DRE voting machine read five more votes when read a second time during the audit. The county and state are investigating.

What does Diebold/Premier have to say? "We have not seen this particular condition anywhere else in Ohio or anywhere else in the country,” according to spokesman Chris Riggall. Clearly Riggall is joking. Of course they haven’t seen this condition in Ohio because Ohio has not done these audits in the past and the lack of audits across most of the rest of the country would ensure that no problems would have been found in the past.

Where there are audits that may have found this condition, the condition is ignored or just shrugged-off. What they ignore is that there is a federal law that dictates accuracy of voting systems and even the loss of these 5 ballots in a county that saw over 280,000 ballots cast is a violation of that law. ...

Unlike the previous video, this one is real, as the line between satire and Bush's 'Presidency' grows increasingly impossible to discern in his waning days, and as his final visit to Iraq becomes as embarrassing as his first (when he delivered a fake turkey to the troops).

From NYTimes:

TV news coverage has noted that throwing shoes is one of the culture's greatest insults. So is calling someone a "dog." Unlike hundreds of thousands of Iraqis killed by Bush's attacks over the last 5 years, however, he was able to survive this one with his life, and even make a joke about it...

UPDATE: The video of both shoes dropping follows below. Also, MSNBC reports that WH Spokesliar Dana Perino may have ended up with a black eye. Both a literal, and an unbelievably symbolic one at the same time...

(Via Bob Geiger's Saturday Cartoons, hat-tip BRAD BLOG emailer "BS")

These are some of the folks whose votes that democracy-hating Sen. Norm Coleman (R-MN) is going to the state Supreme Court to keep from being counted in the U.S. Senate race in Minnesota...

The video, produced by challenger Al Franken's campaign, was described by the Coleman camp as "a new low." As Republicanists tend to project just about everything they do on others, we'd suggest that there may be "a new low" here, but in this case, it ain't coming from the Franken camp.

As we reported on Friday, the state canvassing board --- made up of Republicans (two are MN Supreme Court judges), Democrats, and Independents --- ruled unanimously in favor of counting the 1,600 or so absentee ballots which were improperly rejected by election officials and not counted originally in the state's razor-close U.S. Senate race.

Hopefully those ballots now will be counted, unless Coleman has his way in the Supreme Court where he hopes to get an order to stop the counting of legal ballots cast by folks like those seen in the video above. Nice.

CORRECTION: The original version of this article referred to 16,000 rather than 1,600 improperly rejected absentee ballots. The BRAD BLOG regrets the error.

[Ed Note: Now updated at bottom, with Coleman's attempts to have the state Supreme Court stop the counting, ala Bush/GOP's FL 2000 playbook.]

We've been on the road for several weeks, and haven't been able to report on the day-to-day details of the hand count of the razor-thin U.S. Senate race in Minnesota between incumbent Sen. Norm Coleman (R) and challenger Al Franken (D). Happily, the mainstream coverage of the counting has been pretty good (surprisingly so), so we haven't felt the need to jump in to fill in the untold stories.

But today is an important one, and has resulted in two very key wins today at the State Canvassing Board for Franken, who has recently claimed that he's up by just 4 votes in the race, presuming that the thousands of challenged ballots (by both sides) are decided by the board the way his team believes they will be.

As of this afternoon, things are looking good --- very good --- for Franken...

Three years ago, the New Jersey Legislature passed a law requiring voter-verifiable paper records by January 2008. Then twice in 2008, the Legislature extended that deadline, first to June 2008, then to January 2009.

Now verifiable voting in New Jersey will be delayed indefinitely unless you act. The bill S2380, and its companion A3458, would undo the the requirement, and establish a "pilot program" for voter-verified paper records. If enacted, S2380 and A3458 could well mean that New Jersey voters will not have verifiable voting in time for the next election for Governor in 2009. The only reasonable course of action now is to require the deployment of a better voting system to meet New Jersey's legal requirement for voter-verified paper records --- paper optical scan ballots --- as soon as feasible, but not later than the gubernatorial election.

New Jersey has had many problems with their Sequoia voting machines in the past. There is still a court case that is not complete. Why, in the face of the history of Sequoia in New Jersey, would the state legislators even think to change the law to allow the status quo? What action has been taken in the state by any vendor to make this happen? One can only wonder.

Below are links to a statement on the legislation made by Congressman Rush Holt and an action page that can be used by New Jersey voters, and others, to make their voices heard about this step backwards. We hope you will take action....

Following up on the latest monumental failure by Diebold/Premier --- whose voting system was recently found by a citizens' transparency project to have lost hundreds of ballots in a single precinct in Humboldt County, CA --- Wired's Kim Zetter covered the issue earlier this week.

Her article touched on a number of technical issues involved in the failure of the Diebold GEMS central tabulator which, though we hadn't noted them in our own coverage, are nonetheless important, even if somewhat down in the weeds, and perhaps most of note to technical election integrity geeks only.

As quoted below in some detail from Zetter's report, she advances the story by noting:

• The problem, which Diebold admits has been in its system for years, likely wouldn't have been noticed at all were it not for the unique, experimental, citizen-led "Humboldt Transparency Project." Even CA's required 1% random post-election "audit" wouldn't have uncovered the problem, since absentee ballots are not included in that audit.
• The chances of the problem occurring, which resulted in ballots being deleted without notice by the Diebold GEMS tabulator, are rather high, even if chances of discovery of the error by election officials are very low.
• Diebold's explanation for the failure may or may not be legitimate.
• The GEMS internal "audit logs" (the GEMS system was used in 34 states around the nation last November) aren't actually audit logs at all, and may not actually note the complete set of events which occurred on the voting system, even if anyone is allowed to review those logs in the first place.

Let's take a look at the details...

The most cogent broadcast media discussion about Same Sex Marriage issues that we recall seeing. As usual, it comes from The Daily Show. Also, as usual, the opponent here --- in this case Mike Huckabee --- ultimately can come up with absolutely no legitimate reason to oppose full rights for all Americans, other than concerns about having to rewrite a few editions of Merriam-Webster's. Bravo, Jon...

Even if he's out of his mind in regard to things like evolution and equal rights for Americans, Huckabee's a decent fellow who, we suspect, will some day have a "revelation" and reverse his opinion on both of those things once he no longer perceives he needs them to win public office (for example, after he no longer plans to run for anything). That cynicism, of course, runs contrary to my belief that he's "a decent fellow". But hey, nobody's perfect, right?

Admittedly, events of the last decade or two have greatly lowered our bar for "decent fellows" when it comes to Republicans, unfortunately.

I suspect GM's stock price would shoot back up upon such an announcement, and there would be unprecedented anticipation for how Apple's co-founder, the visionary Steve Jobs, might bring the same type of innovation to the American automobile industry that he brought to the computer and communications and music industry.

Would it be enough and in time to save them? That I couldn't tell ya, but it'd be just about the best chance they'd have, I'd venture.

While I'm focused on this point, allow me to link back to my recent article asking why Congress hasn't asked GM about their popular, fully-electric car, the EV1, before trying to give them billions of dollars.

The company introduced the EV1 in California in 1996, before killing it inexplicably three years later and, literally, shredding every last one of the much-sought-after vehicles. Several excellent comments left by readers on that article, also look into the related mystery of Texaco having purchased the patent for the second generation battery for the car. The purchase occurred at nearly the same time as the EV1 was taken off the market. The new battery technology is said to have had a superbly long life on a single charge. The purchase effectively took the battery off the market --- has it been heard from since?

Texaco itself was purchased by Chevron just days after they'd bought the rights to the battery in 2000. At the time of the purchase, as coincidence would have it, Condoleeza Rice was on Chevron's board, and Andy Card was GM's VP of Government Relations, according to Wikipedia, where he served until he was selected as George W. Bush's Chief of Staff. Prior to that, from '93 to '98, Card had been President and CEO of the American Automobile Manufacturers Assoc. (AAMA), representing GM, Ford and Chrysler. All just coincidences, of course.

But back to the main point of this item...If Steve Jobs is disinclined to leave Apple, the company he co-founded, in order to take the reins as CEO of the floundering GM, then I suppose I could revise the headline of this piece to read instead:

How to Save the American Automobile Industry in Three Words:
'The Apple iCar'

Just sayin'.

UPDATE 12/11/08: Looks like a few others were having the same idea just about the time that I was, and in a bit more detail...

Last month we reported the story of the arrest of Broward County, FL, election integrity advocate and independent candidate for Supervisor of Elections, Ellen Brodsky. She was handcuffed and arrested, according to the police report, for "disorderly conduct" and "trespass/structure or conveyance" while trying to observe post-election ballot counting and canvassing procedures in the county.

After her arrest, orchestrated by her opponent, Supervisor of Elections Brenda Snipes, Brodsky was held overnight in the county jail until 5:45am the next morning, despite her son having posted bail for her --- a grand total of $25 --- at 8:30pm the night before.

Brodksy has an impressive record of finding serious problems with counting and election procedures in Broward County, which undoubtedly helped foster the animus from her opponent Snipes. Shamefully, as we pointed out in our original coverage, Brodsky is only the latest in a string of EI advocates around the country who have been arrested recently while trying to peacefully carry out public observation of our public elections.

Here now is the video tape of the incident that results in her arrest, as captured on a small flip camera provided by election watchdog organization VideoTheVote.org. The man seen on the phone, at the beginning of the tape, calling the police, is Snipes' deputy Fred Bellis. It's clear that Bellis, in cahoots with Snipes --- again, Snipes was Brodsky's election opponent --- clearly seems to have been choreographing the entire arrest.

As you'll see in the video below, the fact that she was arrested at all, much less for "disorderly conduct," is absolutely incredible and clearly without merit. Our original report offered a great deal of background and context, as well as comments from Brodsky and a number of both EI advocates and a state election official from a different county who have all worked with her. They all, almost uniformly, described the turn of events at the time as "outrageous" and an "abuse of power."

Here's the video. You decide...

Guest blogged by Jill C. of Brilliant at Breakfast

When Bill Clinton became president in 1992, there were many on the right who felt his presidency wasn't "legitimate" because he didn't receive a popular vote majority. When he DID receive his popular vote majority in 1996, the witch hunt began in earnest. Not one of these people uttered a peep when the Supreme Court awarded the presidency to George W. Bush in 2000. But right on cue, the nutballs are out again now that a Democrat has once again been elected to the presidency.

The "issue" of Barack Obama's citizenship status has been kicking around the lunatic right throughout the entire campaign season, and it's become clear that there is not one piece of identification Barack Obama can offer that will prove his "natural born citizenship" to the satisfaction of these people...

By John Gideon and Brad Friedman

"Some people have called those who have long decried our nation's move toward voting machines nuts or just sore losers," reads the editorial from yesterday's Eureka Times-Standard.

"They were loud, and they were strident in proclaiming that they didn't trust election technologies as much as they trust the ability of actual human beings to count votes," the paper continues in response to the citizen's "Transparency Project" in Humboldt County, CA which, as The BRAD BLOG reported last week, discovered some 200 ballots that the county's Diebold optical-scan system had deleted from the initially certified count. Humboldt registrar Carolyn Crnich --- who deserves much credit for working with local election integrity advocates to allow them to create a more transparent, open-source optical-scan system as a check on the buggy Diebold hardware and software --- was forced to to re-certify the November 4th election with new results after the findings.

"The recent discovery, thanks to the Humboldt County Election Transparency Project, of a discrepancy in election results due to flawed software reveals that these activists were right to make noise, and right to complain about a company that has been less than responsible in dealing with the problem."

Thanks for noticing, Times-Standard. Now will the rest of the country notice? Specifically, will the U.S. Election Assistance Commission, responsible for testing and certifying these machines at the federal level, and the U.S. Dept. of Justice, responsible for enforcing federal laws --- which again seem to have been violated by Diebold (whose election division now calls themselves Premier) --- notice and take action?

Interviews with and responses from CA officials from Crnich to Sec. of State Debra Bowen's office indicate a serious problem, yet again, with Diebold's handling of the software failure which the company has known about for four years, even as they allowed election officials to continue using the same system in several states.

The BRAD BLOG has obtained a copy of Diebold's original terse, emailed notice of the software failure, sent to Crnich's predecessor in 2004, but never sent to CA's new Sec. of State, despite her "Top-to-Bottom Review" of all e-voting systems in the state which she undertook after taking office in 2007. (The Diebold email notice is posted below, in full.)

At the same time, local software programmer Mitch Trachtenberg, who developed the simple, transparent, open-source optical-scan software, using off-the-shelf hardware for the citizen's project --- including the ability to post all scanned ballots onto the web for citizen review --- may have inadvertently revealed the scam perpetuated by the nation's electronic voting machine vendor's who were allocated some $3.9 billion federal tax dollars for their efforts at creating proprietary systems, which don't even work as promised...or as required by federal law...

Guest blogged by Jon Ponder, Pensito Review.

The 2008 election introduced "low information voters" --- people who don't educate themselves about political issues until the waning days of a campaign. Now it appears that it was less educated people --- not blacks and Latinos, as was originally suggested in early post-election analysis --- that put Proposition 8, the anti-gay marriage amendment, over the top last month in California.

A survey released last week by Public Policy Institute of California (PPI) of voters found that the true determining factor in who voted for Prop 8 was not ethnicity. It was education level:

Guest Blogged by John Gideon of VotersUnite.org

Disgraced former Ohio Secretary of State, J. Kenneth Blackwell believes he's qualified to be the next Chairman of the RNC and is in the process of pitching himself to that end.

Among the qualifications offered by Blackwell --- who may someday find himself facing conspiracy charges for his part in overseeing the criminally mis-administered 2004 Presidential Election in the Buckeye State --- is the rather imaginative claim that he "prevented voter fraud from overturning the results of a U.S. presidential election and fought the left in federal court more times than you can imagine."

In terms of future plans for the RNC, the one-time-Democrat-turned-unapologetically-far-rightwinger says: "Voter registration must be a major emphasis for the Republican Party. Of course, we start at a competitive disadvantage with the Democrats and ACORN since we are strictly limited to registering people who actually exist."

This has got to be a joke. I'm afraid, however, that it isn't.

For much more on the GOP's ACORN 'voter fraud' hoax, see this BRAD BLOG Special Coverage page.

Our favorite snippet from the latest round of newly-released Nixon tapes is one that is completely anachronistic now that such school of thought by Republicans has been thoroughly discredited in the wake of Nixon's disgrace. This quote from Nixon to Kissinger, from an Oval Office recording from December 14, 1972, has no relevance whatsoever to the current occupant of the White House...

Here's the completely irrelevant audio (:30 seconds)...