Last month we reported on the seven felony counts charged against Indiana's newly elected GOP Secretary of State, Charlie White. Three of the charges are related to voter fraud by White, the chief election official in the state with the most draconian polling place Photo ID restrictions in the nation. (Indiana's law, approved by the Rightwing U.S. Supreme Court in 2008, has already resulted in unknown numbers of disenfranchised voters, including 90 year-old nuns, elderly veterans, and untold numbers of otherwise-legal student and minority voters --- the real target of such GOP voter suppression schemes disguised as "ballot integrity" laws.)

White represents just the latest in a series of high-profile Republican voter fraud cases --- including recent allegations against Utah's former governor, Jon Huntsman, a potential 2012 Presidential hopeful, and, of course, GOP voter fraud queen Ann Coulter --- most of whom have found some way to get off the hook entirely.

White was charged by a grand jury of, among other felonies, having been registered to vote at an address where he did not live in the town of Fishers, where he previously served (apparently illegally) on the town council, and then knowingly voting in the wrong place last November as he ran to be Sec. of State. White may, or may not, be as lucky as fellow GOP voter fraud scofflaws like Huntsman and Coulter, even as his friends on the State Republican Committee seem to be doing all they can to help him run out the clock in various ways, as revealed this week during new legal volleys in both the criminal and civil complaints against White...

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Guest blogged by Ernest A. Canning with Brad Friedman

"This was a decisive election about judicial independence," WI Supreme Court Justice David Prosser said at a press conference in Madison last Monday, declaring victory and explaining his opposition to a recount of the April 5th Wisconsin Supreme Court election.

"The people realized that judges should be much more than partisan politicians who wear black robes. Judges should be impartial in theory and in fact. They should faithfully apply the law without fear, and without favor," he told the assembled media.

However, as an investigation by The BRAD BLOG reveals, there is a stunning gap between the lofty ideals of "independence" espoused by the incumbent Justice as quoted above, and the sordid reality of his own personal record as a hard-Right partisan official in Wisconsin, with the state's GOP caucus, and even during his role as a justice on the state's highest court.

It is a reality, well-documented through court records and other sources, finding Prosser and his former Republican colleagues in the WI Assembly enmeshed in a criminal scheme to utilize state employees and resources at taxpayer expense in order to finance and organize WI GOP political campaigns. A reality which includes an astounding legal filing by this same sitting Supreme Court Justice in which he not only acted as an advocate for the accused, but even confessed to his own participation in the alleged crime.

In short, it's a reality which led The BRAD BLOG to wonder whether Prosser was truly better characterized as an 'independent' jurist, as per his self-description, or a partisan criminal in a robe...

Guest blogged by Ernest A. Canning

On Friday, a three judge panel of the U.S. Circuit Court of Appeal in D.C. reinstated a criminal case against four of five Blackwater (now known as "Xe") mercenaries who had been indicted for voluntary manslaughter in connection with the Nov. 16, 2007 massacre of Iraqi civilians in Nisur Square.

The five guards, as reported by Reuters, were originally "charged with 14 counts of manslaughter, 20 counts of attempt to commit manslaughter and one weapons violation count over a Baghdad shooting that outraged Iraqis and strained ties between the two countries." The decision by the appellate court panel was unanimous and seen as "a victory to the U.S. Justice Department in a high-profile prosecution dating to 2008."

The five had been part of a 23 member Blackwater team known as Raven 23 who "submitted sworn written statements to the State Department using a form that included a guarantee that the statement and...evidence derived therefrom would not be used in a criminal proceeding against the signer," the court stated in its redacted opinion.

The District Court dismissed the case on the grounds that the government had failed to prove that the evidence it was relying upon was not derived or affected by the immunized statements. The Court of Appeal ruled that the District court had erred by treating all of the evidence as tainted instead of conducting an independent, line-by-line analysis as to whether the evidence was independently obtained from other sources, including Iraqis present at the massacre, noting "when armed guards shoot a number of people in a crowd, it doesn't take Hercule Poirot to start wondering what the crowd was doing."

While criminal proceedings continue against these four, low-level former Blackwater mercenaries, Blackwater and its founder Erik Prince are not amongst the accused --- this despite the never resolved, explosive allegations, discussed in our Aug. 10, 2009 article, "Blackwater = Murder, Inc." that the company and its founder had engaged in "murder, destruction of evidence, weapons smuggling" and other sordid crimes...

[UPDATE! Block on Bradblog.com links to AOL users finally lifted! At least for now. See UPDATE at bottom of story for more details! And thank you to those who contacted them with your complaints! - BF]

If you use an AOL email address, AOL is doing you the favor of making sure you do not receive email containing any links to BradBlog.com in it.

Not email from a BradBlog.com address, mind you, as if I were a spammer or something (which, obviously, I'm not), but any email from anybody that has a link to this site, or to one of our news stories.

I learned this swell news early this week when someone was kind enough to let me know that their attempts at sending a link to this site to a friend bounced back to them with an error message. That error message was "HVU:B2". What is that error?:

That's right, "substantial complaints" from someone, whatever that means, will result in no links to stories at The BRAD BLOG getting through to any of AOL's millions of members. And they will never know about it.

Again, these are not even emails from BradBlog.com. They are simply emails from anybody to any AOL email address which has my domain linked in the body of the email.

Neat, huh? I wonder what would happen if there were "substantial complaints from AOL members" about, say, FoxNews.com? Or MSNBC.com? Or NYTimes.com? Would that result in millions of members not being able to receive any email that links to anything at those sites? Sounds like a great way to ratfuck someone you don't care for politically, doesn't it?

So what did I do about this? What level of hell have I had to descend to over this past week in trying to solve this problem?...

On Wednesday, Wisconsin's Asst. Attorney General JoAnne Kloppenburg announced that she will be exercising her right to file for a statewide "recount" following the April 5th election for state Supreme Court against the incumbent Justice David Prosser. She also said that she intended to ask for a special investigator to be named to look into a number of still-unanswered questions about election results that were misreported by Waukesha County's Clerk Kathy Nickolaus, a former employee of Prosser's when both served in the state's Assembly Republican Caucus.

Kloppenburg's complaints have now been filed, and The BRAD BLOG has been reviewing both them, and several additional points of note since yesterday's dramatic presser, in advance of the count which is scheduled to begin next Wednesday, April 27, according to the WI Government Accountability Board (G.A.B.), the state's top election agency.

Details included in Kloppenburg's request for a special investigator in Waukesha --- including the curious point that Prosser "was observed entering the Governor's Office late in the evening and attending a private, one-on-one meeting with Governor Scott Walker" on the night following the election, on the very same day in which the controversial new GOP Governor publicly stated that there might be "ballots somewhere, somehow found out of the blue that weren't counted before." --- are certainly compelling.

Moreover, information and questions about the "recount" process itself have naturally emerged --- including a noteworthy, video-taped exchange between a citizen activist and the head of the G.A.B. on Wednesday, as well as concerns about which districts will hold court-ordered hand-counts, and which will simply run ballots through oft-failed, easily-manipulated optical-scan computers again (or worse, simply push a button to produce the same printed reported by the same 100% unverifiable touch-screen voting machines)...

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On my KPFK/Pacifica show today (which we may be calling "The BradCast" thanks to suggestions here, but still open to others!), we covered the breaking news out of Wisconsin today, naturally. Asst. AG JoAnne Kloppenburg's unflinching announcement that she would be filing for a statewide "recount" in her state Supreme Court election against the incumbent Justice David Prosser, happened in a press conference just prior to air time. So we had to scramble, but think we covered things well (given what we have to work with over here.)

One of my guests was WI's former union organizer, former state planner and former elected official Leslie "Buzz" Davis, a Kloppenburg supporter who spent some 20 minutes with her at her home last night, after she'd invited him in to chat when he went there to deliver 1000 signatures on a petition asking her to recount the state.

I was also joined by Sarah Manski of WisconsinWave.org who, with her group and her husband Ben (who I worked with years ago during another recount, when he worked for the campaign of Green Party Presidential candidate David Cobb in 2004), is raising funds to support Kloppenburg's efforts.

Again, our written coverage of today's breaking news is here. Our audio coverage for KPFK follows below...

Download MP3 or listen online below [appx 28 mins]...

Wisconsin's Asst. Attorney General JoAnne Kloppenburg has filed paperwork for a statewide, state-sponsored "recount" in the controversial April 5th State Supreme Court election. She has also called for a special investigator be named to examine questions about election results in Waukesha County, where the County Clerk's procedures have come under fire both before and since the election.

Speaking to supporters at a press conference moments ago in Madison, Kloppenburg pointed to a number of reported irregularities around the state, including in Waukesha County, as well as Racine and Milwaukee and a number of other areas, which helped lead to her decision to ask for such a count. She also mentioned unusually high undervote rates in a number of districts that the campaign had examined.

"A recount may change the outcome of this election or it may confirm it, but when it is done, a recount will have shed necessary and appropriate light on an election that right now, seems to so many people to be suspect," Kloppenburg said.

In response to a question from reporters, she added, "I've asked for a recount to determine what the right count is, and also to preserve confidence in the electoral process."

Kloppenburg stated that her campaign would be asking for a hand count of ballots in several districts, and will work with the Wisconsin Government Accountability Board (G.A.B.), the state's top election agency, to determine which areas should be hand counted. State recount procedures allow for a machine recount of paper ballots unless a hand examination is ordered by a court.

In response to critics of such a post-election examination of results, including from the campaign of her opponent, Justice David Prosser, Kloppenburg was unflinching in her response, saying they've called it "a drama and a circus. Actually, it's called American Democracy."

During her remarks, she also called for on the G.A.B. "to appoint a special investigator to professionally, thoroughly and completely investigate the actions and words of the Waukesha County Clerk." That County Clerk, Kathy Nickolaus, a GOP activist and former employee of Prosser's while in the Assembly Republican Caucus, has become the focus of a number of anomalies that have emerged in election results since Election Night.

"The recount will reveal if there were discrepancies in the Waukesha vote count, but going forward, an independent investigation needs to determine what the clerk did there and why," she explained, while pointing to a number of still-unanswered questions about post-election vote tallies in Waukesha, including why it is that "conservative bloggers" were told about those adjustments before they were announced publicly.

"I don't know what will happen in the recount, but we're asking for a recount to determine what the proper count should be, and to help, from this point forward, to assure that elections are fair," Kloppenburg said, stressing her belief that the count should move forward for the benefit of all voters in Wisconsin...

The Wisconsin Government Accountability Board (G.A.B.), the state's top election authority, found "no major discrepancy" during its four-day investigation of Waukesha County Clerk Kathy Nickolaus' handling of the contentious April 5th state Supreme Court race.

The state probe, however, did not examine the accuracy of elections results as reported by the county's electronic tabulation systems.

According to an initial report released by the G.A.B. in time for the tomorrow's 5pm deadline for Asst. Attorney General JoAnne Kloppenburg to decide if she will request a state-sponsored "recount," officials carried out a "thorough onsite examination of the documentation submitted from all the reporting units within Waukesha County ... to determine whether the official canvass results certified by the Waukesha County Board of Canvassers matched the returns provided by the municipalities."

Though they found a number of seemingly minor "discrepancies [in] the Waukesha County election returns that could not be explained based upon the documentation reviewed," the officials said that while there were "some anomalies identified, the G.A.B. found no major discrepancies between Waukesha County's official canvass report and the documentation provided by the municipalities." The discrepancies included what appeared to be one provisional vote for the incumbent Justice David Prosser, and two write-in votes for Kloppenburg which were not included in the canvass report turned into the state by Clerk Nickolaus.

The agency said their probe determined no corrections to the canvass were necessary "absent any post election proceedings," and added that "A more thorough discussion of these anomalies will be provided in the agency's complete report" promised within the next 60 days. [The G.A.B.'s complete, one-and-a-half page report, is posted at the end of this article.]

The state's investigation did not, however, appear to include examination of computer vote tabulators or paper ballots to determine the accuracy of optical-scan results reported by the electronic systems used in the county. The report suggests that paper work, such as the "Total Votes Cast Report from Voting Equipment" and "Security Documentation of Voting Equipment Memory Devices," was examined along with "Ballot Container Security Seals/Documentation" and a reconciliation of poll lists and other logs.

As The BRAD BLOG has noted since unofficial results of the election --- which had become a proxy battle between supporters and opponents of Republican Gov. Scott Walker's union-stripping legislation --- the optically-scanned paper ballot results, tallied by oft-failed, easily-manipulated computer tabulators in Waukesha, as well as the rest of the state, have not been verified for accuracy by human beings. Rather, the state's post-election canvass procedures rely only on computer-reported totals as checked against poll books and the number of ballots cast as reported by the computer counters...

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Via Eric Kleefeld at TPM...

The Prosser campaign went on the offensive at the presser in hopes of keeping a state-wide examination of ballots, meant to ensure the true winner of the 10-year term on the state's high court, from taking place at all.

As Milwaukee Journal Sentinel's Patrick Marley reports Prosser campaign attorney Jim Troupis said, "We will take every and any step to prevent this frivolous matter going forward."

In other words, they will do everything they can to block the verification of the unverified vote tally for a 10-year term on the state Supreme Court --- despite state law which allows for such a verification if opted for by one of the candidates in such a close race.

"Reporters asked multiple times what grounds the Prosser campaign would use to object to a recount, given that state law entitles a candidate losing by less than 0.5% to request one at state and local expense," writes Kleefeld. "When a reporter bluntly asked Troupis whether he would say what grounds would be listed in an objection to a recount, compared to what is in state law, Troupis simply responded: 'No.'"

The article also quotes Prosser himself, in all his Orwellian wonder announcing, "This was a decisive election about judicial independence." Then, just minutes later, the long-time partisan Republican who had, during the campaign, signaled his intention to help facilitate the political agenda of Gov. Scott Walker and the GOP state legislature, thanked his voters for their support of "the advancement of conservative values as the way to address and ameliorate our many problems."

Talk about your "judicial independence"!...

Guest Editorial by Dr. Rebecca Mercuri, Ph.D.

In the aftermath of the controversial 2000 Presidential Election, the Help America Vote Act (HAVA) was enacted, which, among other initiatives, provided funds for the procurement of new voting systems across the nation.

Many states rushed out to buy electronic voting equipment that afforded no way to perform an independent recount from ballots that the voters themselves had purportedly validated for correctness. Instead, Hawai'i did the right thing by evaluating the pros and cons of the available products, ultimately settling on a largely paper-based system. This enables votes to easily and simply be counted, using the traditional 1+1=2 method, if the computer tallies are questioned or a manual count is carried out.

Unfortunately, this will not continue to be the case if Hawai'i's Governor Neil Abercrombie fails to veto H.B. 638 which has recently been passed by both the state House and Senate.

This dangerous bill came to the floor without ample opportunity for opposition testimony. It allows for the introduction of a technique known as Instant Runoff Voting (IRV), which is confusing to voters and makes hand-counting virtually impossible, thus increasing the state's reliance on proprietary and unexaminable computer software for generating its election results...

Couldn't have not said it better ourselves...

[Hat-tip @NicoleSandler on the Twitters.]

Milwaukee County has finally turned in their official canvass [XLS] of last week's Supreme Court election in Wisconsin, giving the almost entirely unverified results of the largely paper-ballot election to Justice David Prosser over Asst. Attorney General JoAnne Kloppenburg by 7,316 votes, according to the Wisconsin State Journal:

If Kloppenburg decides to opt for a "recount" the costs would be paid for by the state, since the canvassed results have her trailing by less than 0.5% statewide. Prosser's margin of victory, according to the currently reported numbers, should they become official, would be just 0.488%.

The official canvassing process in Milwaukee (and, indeed, the bulk of Wisconsin), is little more than a reconciliation of the number of voters who signed into poll books, plus the number of voters who registered at the polls on Election Day, plus any absentee ballots not scanned at the polling place (as in Milwaukee, where absentees are now scanned centrally, instead of at the polling place) plus a few provisional ballots later verified and counted, as matched against the number of votes reportedly cast, according to results tapes printed out by optical-scan computers such as those made by Diebold, ES&S, Sequoia and Populex.

Actual results reported by those computers are not verified by human beings as being accurate during the canvass process. Only the number of ballots cast is reconciled, not the actual votes for each candidate, in general. That, despite the fact that hand-marked paper ballots exist --- and could be counted for accuracy --- for the vast majority of the votes cast across the state on April 5th...