Guest editorial by Ernest A. Canning

If the just released Los Angeles Times/USC poll is accurate, California voters have been able to appreciate that, despite its Orwellian label, "The California Jobs Initiative," Proposition 23 is nothing more than a scam advanced by industry polluters which would destroy both jobs and the environment.

Prop 23 represents a frontal assault on Assembly Bill-36, a landmark piece of bi-partisan green energy legislation, passed by a Democratic-majority state legislature, signed into law by a Republican Governor. That voters have come to recognize Prop 23 as a scam comes as no real surprise, especially since the "No on 23" campaign, courtesy of several Silicon Valley tycoons, raised more than $28 million to more than offset the $9 million spent by the industry polluters --- two Texas oil companies, Valero and Tessoro, along with the infamous Koch Industries --- in support of this oily and deceptive initiative.

Setting aside what this says about the sorry state of our electoral process in which the public must rely upon white-hat corporate donors, as opposed to the mainstream media "news" for the information vital to informed consent, the open question remains whether the public will be taken in by the more subtle, Chevron/Exxon-Mobil/ConocoPhillips/Occidental Petroleum-backed Proposition 26 --- what Bill Magavern of Capital Weekly aptly described as "The Polluter Protection Act", especially in the face of the slick and deceptive industry ads (see video below) used to advance the measure...

After reports of ES&S touch-screen votes flipping away from Republicans, for a change, over the last several days in North Carolina and in Texas, reports are now coming in from Nevada about similar occurrences on that state's Sequoia touch-screens, just in time to underscore the importance of my story published today at Truthout, "Hacking Harry Reid (or Sharron's Angle)" arguing that one or both of the candidates locked in the Silver State Senate Standoff need to get to a court immediately, even though neither of them are likely to do so.

First, the reports of touch-screen troubles today in NV (which closely mirror the scores of reports in the same state that I detailed exclusively in 2008 as affecting Obama and the Democrats during early voting). This time, however, it's Republican voters charging trouble with touch-screens...

Over the weekend we covered the dispute between Alaska's Division of Elections (DoE), who has been handing out printed lists of write-in candidates to early voting sites, and the Alaska Democratic Party (ADP) who says doing so amounts to inappropriate electioneering at the polling place for write-in U.S. Senate candidate Lisa Murkowski in support of her challenge against GOP nominee Joe Miller and the Democrat's Scott McAdams.

The ADP went to court yesterday to file for an injunction, an official told The BRAD BLOG late today. The judge will issue his finding on Wednesday morning. But an admission we received today from Gail Fenumiai, Director of the DoE, may make it more difficult for the state to make their case.

As we detailed Saturday, in letters back and forth between the parties, the Fenumiai has been arguing that the list of candidates --- which reminds voters that Murkowski is running, and shows how to spell her name (a potential matter of dispute when determining which write-ballots should be counted or thrown out) --- is required by state and federal law in order to "to provide assistance to voters in the polling place upon request." She claims "The list of write-in candidates is the best way for poll workers to provide consistent information and assistance to voters if requested, regarding write-in candidates."

In response, ADP attorneys argued "There is no statutory or other legal basis for generating and making available to voters a list of write-in candidates and we are unaware, in the fifty-year history of the state, that such a list has ever previously been generated or used."

Indeed, as other names may be written in on ballots, in addition to those on the list, and the deadline is still open for write-in candidates to file a declaration of intent (giving them certain post-election privileges), the procedure seems legally dubious as well as historically unprecedented as ADP attorneys have charged.

To get to the bottom of it, and to find out if, in fact, the DoE has ever taken such action to "provide assistance" in previous elections, as Fenumiai claims is required by both state and federal law, The BRAD BLOG dashed off a public records request for any similar printed lists of write-in candidate provided to polling places during any previous elections.

This afternoon we received our reply from the DoE's Director, denying our public records request because, as she explains, the DoE has never supplied such a list prior to these 2010 general elections, so there are no records to send in response to our request.

Here's the pertinent part of her response [which is linked in full below]...

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I've seen a lot of horrific articles on e-voting in my time. At this point, given all that we've come to learn over the last five years or so about the utter failure of these systems, I usually just ignore such pieces as no longer really worth my time to even point out.

However, Richard Wolf's article last week in USA Today was so spectacularly bad, and so astonishingly unbalanced in favor of e-voting shills and unapologetic proponents who have been proven wrong time and again over the years, that I must take a moment to at least flag it here, given it's length, publication in a prominent, national MSM outlet, and extraordinary lack of a single quote from any real Election Integrity experts or e-voting critics.

Wolf's article, "10 years after Bush v. Gore, new concerns about voting" would better be headlined "10 years after Bush v. Gore, MSM still quoting long-discredited e-voting flacks."

With what appears to be dead seriousness, Wolf reports that ten years after FL 2000, our elections in the U.S. are in much better shape, as he writes: "The verdict? Elections are more accurate: There is less chance that voters will make mistakes, and there are safeguards in case they do."

Mr. Wolf must have been living in a cave from 2000 until just last week. Given the roster of discredited e-voting shills he quotes in the piece, almost exclusively, it's clear he's, at the very least, living in another time, say 2004 or so...

In the summer of 2007 they ran one of the most extraordinary and explosive exposés on the topic we've ever seen. It included absolutely mind-blowing details on ES&S iVotronic touch-screens voting machines (the same ones currently failing in North Carolina and in Texas and being used in about 15 other states this year) and featuring an astonishing segment with seven on-camera employee/whistleblowers from Sequoia Voting Systems charging they were ordered by higher-ups to rig the chads to fail, only in Florida, on the paper ballots their company made for the 2000 election. You can (and should!) watch that remarkable report --- picked up by absolutely nobody in the MSM, incredibly enough --- right here.

This Tuesday, it looks like HDNet's Dan Rather Reports is set to roll another story on hackable e-voting systems. Here's the :30 second teaser for their latest...

The premiere showing will be Tuesday, Oct. 26th @ 8pm and is described this way on HDNet's Dan Rather Report's website:

With all the endless hours (upon hours, upon hours) the network and cable news mainstreamers like Chris Matthews have found to devote to the horse-race and politicking of these elections, you'd think they might be able to find more than just 19 seconds to cover the issue that can be, and so often has been, the deciding factor in so many recent elections. If you'd think that, you'd be wrong. 19 seconds is all Rather got on this weekend's Chris Matthews Show to discuss the topic. [Hat-tip Heather at Crooks & Liars]...

UPDATE 10/27/10: The HDNet folks have responded to pleas to make the episode available for all (even those of us who don't have it on their cable system!). The entire episode is now available here through next Wednesday only! Get it while it's full, free and hot!

Otherwise, it's also available here via iTunes for $1.99 according to Mr. Rather who was nice enough to let me know on the Twitters.

For folks with shorter attention spans, or those who need a little more encouragement, Rather blogs about the episode here, and here's a 2.5 minute video clip featuring the great Frank Heindel, patriot Election Integrity advocate of South Carolina, who is (as he notes in comments below), the one alluded to when the description above says "one American's fight against voting machines in his state."

[Now UPDATED with additional reports of additional vote-flipping and touch-screen failure from other NC counties at bottom of article.]

Aaand the touch-screen voting machines continue to flip votes during the early voting period. Right on schedule. Just as always. But, for the second time this week we have the unusual occurrence of votes reportedly flipping away from the GOP.

Yesterday our report was of a touch-screen in Dallas, TX, caught on video flipping an attempted vote for Republican Gov. Rick Perry to straight-ticket Green Party selections in Dallas, TX.

Today's report, where the local election official is also misleading voters by downplaying the incident, comes from the same type of 100% unverifiable ES&S iVotronic touch-screen voting machine, but it took place in Craven County, NC, according to P. Christine Smith of the Sun Journal...

Tyson also went on to report there were long lines reported as voters waited to use the two touch-screen voting machines available at one location (paper ballots don't cause that problem) and, even more disturbingly, "machines reporting 250 ballots cast where 400 voters had signed in to vote."

Well that's a problem, isn't it?...

As you may know, the U.S. Senate race in Alaska between GOP nominee Joe Miller and Democratic nominee Scott McAdams, Mayor of Sitka, has been thrown into what's quickly turning into a potential three-way toss-up with Sen. Lisa Murkowski's write-in bid for the seat.

She and her father have long been insider fixtures within Alaska's political establishment, and so now both the state Democrats' supporter McAdams and Miller's campaign are accusing the Department of Elections, run by the state's Republican Gubernatorial administration, of taking sides to help Murkowski by inappropriately making a printed list of those write-in candidates who have filed a declaration of intent (under AS 15.25.105) available to voters who ask for help at the polling place.

A series of letters back and forth between the Alaska Democratic Party (ADL)'s attorney Joe McKinnon and the Director of the state's Division of Election (DoE)'s Gail Fenumiai highlight a questionable-at-best assertion that the printed list of write-in candidate names should be shown to voters if/when they ask questions about how to cast a write-in vote.

Fenumiai argues that the best way to provide assistance when it's requested, as required by both state and federal law, is by showing voters the list. McKinnon disputes the argument, and offers specific citations of law, demonstrating that the statutes are very specific about what sort of help may or may not be provided to voters at the polling place. He argues that offering the name of a write-in candidate to voters constitutes "electioneering," as specifically barred inside or within 200 ft. of the polling place...

-- Brad Friedman, The BRAD BLOG

Aaaand here we go again. Our first report of touch-screen vote flipping of the year during early voting. And, for an added twist, this time it's Texas Republican Gov. Rick Perry who seems to be getting screwed by the 100% unverifiable ES&S iVotronic touch-screen voting system in question.

Most such reports of touch-screen vote-flipping or vote-hopping, historically, have been from Democratic voters seeing their votes flip to candidates of other parties, though there have been isolated reports over the years of Republican voters experiencing the very same problem. Indeed, another report has been published today from a voter in Collin County, TX, who says his vote flipped from Democratic gubernatorial candidate Bill White over to the Republican Perry.

The Dallas incident was posted as a YouTube video by programmer Don Relyea and began to go viral early this morning, before being set to "private," presumably by Relyea, at YouTube a few hours ago. So, unfortunately (for now), we're unable to show the video itself, though we watched it several times this morning before it was made unavailable, and have a step-by-step analysis of precisely what is seen in the video, as detailed by an Election Integrity expert who reviewed it a number of times to explain what is actually seen in it.

The removal of the video, seemingly shot via a cell phone camera, may be due to Texas law barring recording equipment of any kind in polling places. Dallas County Elections Administrator Bruce Sherbert told The BRAD BLOG that he has now referred the matter to the District Attorney for investigation, not due the purported incident of vote-flipping, but rather due to Relyea's video-taping of the event.

Sherbert's explanation for what is seen in the video, however, downplays the purported problem and does not appear to sync up with what is actually seen in the video supporting Relyea's contention that his attempted vote for Perry was being inappropriately flipped to a number of Green Party candidates on the ES&S iVotronic system...

Guest Blogged by Sue Wilson

In the October issue of O magazine, Democratic consultant and commentator Donna Brazile did the unthinkable: she used the "F" word --- in Oprah Winfrey's publication, no less! Eyebrows are being raised across the political spectrum.

Okay, not that "F" word, a different one which is, apparently, far more controversial these days: Brazile says that if she "were in charge" her first priority would be to bring back the Fairness Doctrine." She says that that would require "holders of broadcast licenses to present controversial issues of public importance in an honest, equitable, and balanced fashion."

To the uninitiated, bringing Fairness to the public airwaves --- broadcast radio and TV --- is a no-brainer. But to Sean Hannity, Glenn Beck, Rush Limbaugh, and an army of 550,000 amassed to keep the nation's radio airwaves under "conservative" control, Brazile's declaration of priorities could be a call to arms. Is it possible that the Democratic establishment is finally ready for a fight to take control of their message? While no longer with the DNC, Brazile is still closely aligned with the Democratic power establishment after all.

Okay, time for a bit of history.

Our elders will remember a time when radio was America's number one source of news and information. And they remember being horrified at how Tokyo Rose and our enemies used the radio airwaves to promote hate and propaganda against the U.S.

So they watched as the Federal Communications Commission (FCC) and radio station owners worked together to prevent propaganda from ever being broadcast over the public airwaves in these United States of America. This coalition of government and business put the "Fairness Doctrine" in place to ensure a healthy, reasoned discourse so critical to our democracy.

The thing is --- and a point important for those who believe much more information is now available on cable and the Internet --- radio is still America's number one source of news and information. More people listen to radio than watch television, read newspapers, or go online. Nearly fifty million people in the U.S. listen to talk radio.

But Fairness? Equal Time? Reasoned discourse? Those went out the window in 1987 with - drumroll, please - President Ronald Reagan...

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Think Progress has a great report today on the billionaire industry titans, U.S. Supreme Court Justices (including Scalia and Thomas), infamous front-group astroturfers and Rightwing media scammers who meet in secret twice a year --- as they did last year in Aspen and will again this January in Palm Springs --- to plot how they will spend their billions to keep "liberty" and "freedom" available to all (of them) and to plot the 2010 and 2012 elections for Republicans.

The story includes the actual invitation letter [PDF] to the upcoming Palm Springs event, from Vast Rightwing Conspiracy funder, billionaire Charles G. Koch of Koch Industries Inc., along with the agenda and participants of last year's Aspen meeting attached to it.

The letter begins creepily enough: "If not us, who? If not now, when?", but my favorite part is this part from the reprint of the agenda of last year's meeting...

It's getting incredibly difficult to keep up with the amount of The Crazy out here of late. So here is a very quick round-up of the latest today (so far)...

• She Did What?!: Supreme Court Justice Clarence Thomas' activist Tea Bagger wife --- and, apparently, long-term denialist --- Virginia leaves a voice message to Anita Hill asking her to apologize for Hill's accusations, twenty years ago, that she was sexually harassed by Thomas. Hill's attorney was "shocked" by the call. In 2007, in a New York Times op-ed, as we noted at the time, Hill said she stood by her testimony. Hill repeated the sentiment again today, saying she has "no intention of apologizing because I testified truthfully about my experience and I stand by that testimony," as WaPo reports on yet another woman who knew Thomas back then coming forward today to say "The Clarence I know was certainly capable not only of doing the things that Anita Hill said he did, but it would be totally consistent with the way he lived his personal life then."

• Kreepy Scam: Matt Osborne from Osborne Ink notices our report on the insane email from Gary Kreep, Esq, Executive Director of the group calling themselves "United States Justice Foundation", sent out to the Tea Bag set on Monday, warning that ACORN is "still alive and ready to steal the November 2 elections" with "MASSIVE VOTER FRAUD". (Never mind that the org has been knocked out of business by the O'Keefe/Breitbart/MSM "pimp" hoax, and that they've never been shown to have stolen even one vote, much less an entire election.) Osborne tweets to us that Kreep is the same cretin who actually aired an Obama Birther Infomercial asking viewers to send him money for...something or other. He's doing the same thing in his latest ACORN "voter fraud" email scam.

• More Birther/Voter Fraud Fraudster Connections: TPM picks up on Mother Jones' report that the so-called "voter integrity program" discussed by Illinois' GOP candidate Mark Kirk on a recorded phone call "was launched by the Illinois Republican Party, working with a conservative political action committee and an anti-Obama birther". Without evidence for the claim, Kirk had cited two predominately African-American areas of Chicago as "vulnerable" and "where the other side might be tempted to jigger the numbers somewhat."

• He's back!: And speaking of phony "voter fraud" allegations, we reported some weeks ago on the Houston group calling themselves "King Street Patriots" and their "True the Vote" campaign warning about, as usual, massive Democratic voter fraud!!! (Sans evidence to support the actual claim, naturally). Their call to draft "poll watchers" has now reportedly led to voter intimidation charges such as "poll watchers 'hovering over' voters, 'getting into election workers' faces' and blocking or disrupting lines of voters waiting to cast their ballots" as early voting has opened in Houston where a fire recently destroyed all 10,000 of their 100% unverifiable e-voting machines (don't worry, they borrowed more from neighboring counties). The DoJ has now been called in to investigate the complaints. But, as it turns out, one of the folks supposedly responding to the complaints of voter intimidation on behalf of the county attorney's office is none other than John Tanner, George W. Bush's disgraced Voting Section Chief at the DoJ. Tanner was forced to step down from his post after The BRAD BLOG, in 2007, infamously caught him, on video, downplaying concerns of racial discrimination and intimidation at the polls by telling folks at an L.A. seminar that white people are more likely to be disenfranchised because "minorities...die first". He looks to be making a similar "both sides do it" play now in Houston, telling TPM "There are a lot of allegations out there on both sides." Really? Where are the complaints of voter intimidation by Democratic poll watchers in Houston? None have so far been reported, but we'll try to get more info on this.

• Uhhhh...: Sen. Russ Feingold (D-WI)'s opponent, businessman Ron Johnson has a "deer in the headlights moment", caught on tape, during an interview with the Green Bay Press-Gazette editorial board when he was asked what he plans to do to bring back jobs for the middle class. He can't think of anything other than cutting government spending and freezes up when asked for more specifics. The moment helped lead to the paper's endorsement of Feingold for the first time ever (previously, they've always endorsed his opponent.)

• Mythgivings: If you missed it in yesterday's Green News Report, WV's GOP nominee for the U.S. Senate, in a debate Monday, discussed "the myth...and I say myth, that there is Global Warming." His Democratic opponent in the coal state, Gov. Joe Manchin, while not necessarily believing GW is "a myth", none the less ran a campaign ad last week displaying his manliness by shooting a hole, literally, through "Cap and Trade" legislation (which had been killed months ago anyway in the U.S. Senate.)

• Louder Than Words: Obama's Dept. of Justice appeals for an "Emergency Stay" of the Federal Judge's recent order for a "worldwide injunction" on the military's unconstitutional "Don't Ask, Don't Tell" policy. This comes after Obama has repeatedly claimed he will end the policy "on [his] watch"; after the Military instructed recruiters yesterday to begin accepting openly gay applicants; and after Arabic translator Lt. Daniel Choi --- who had been discharged from the military for being gay --- walked into the Times Square recruiting office yesterday to sign up again (great video there, btw! Choi says there was plenty of "unit cohesion" in the office, even after his application to serve his nation openly.)

• Man in the Mirror: Glenn Beck, The Crazy personified, says the idea of evolution is "ridiculous" because he hasn't "seen a half-monkey, half-person yet". Sigh...

Seeing more of The Crazy out there? Let us know about it in comments.

And, also speaking of the long-waged Republican War on Democracy, it's nice to see a bit of in-depth coverage of issues that actually matter from local news reporters for a change. Here's Melissa Sims of KARK 4 News in Arkansas last night, on the vote caging of Tim Griffin, the Karl Rove protege installed as U.S. Attorney without Senate confirmation by the Bush Administration during their infamous U.S. Attorney purge.

Griffin, notoriously, was discovered to have sent caging emails to RNC colleagues during the 2004 election in Ohio. He denies any wrong-doing, though BBC investigative journalist and author [and occasional BRAD BLOG guest blogger] Greg Palast who first reported on the caging emails in Griffin's name, believes otherwise. Several other independent reporters similarly confirmed his involvement in the scheme. Griffin has never been held legally accountable, in any case, despite being forced to tearfully resign as USA during the Attorney Purge investigation. He is now, incredibly, the GOP's nominee for Arkansas' 2nd District U.S. Congressional seat, proving --- yet again --- that IOKIYR.

KARK's Simas took the time to cover the matter in some detail --- a 7-minute report is extraordinary for local news --- even as it's been largely ignored by...well, just about everybody, certainly in Arkansas, until now...

Note: Simas' written report published on KARK's ArkansasMatters.com website along with the video report, is very good as well.

[Much thanks to RAW REPLAY'S David Edwards for the video embed!]

UPDATE 10/20/10: Palast picks up on this same story and writes over at Truthout that attorney Robert Kennedy Jr., having looked at the Griffin caging emails, believes that what the SarahPAC-endorsed candidate Griffin did "was absolutely illegal and he should be in jail."

Speaking of GOP voter suppression efforts, there's this sleazy little dirty trick today, as now running on Hispanic television in Nevada, where a group calling itself "Latinos for Reform" is deceptively instructing the community "Don't Vote!" this November --- particularly in the razor-thin race between incumbent Democratic Sen. Harry Reid and his Republican challenger Sharron Angle.

You'll be shocked to learn that, of course, as TPM reports, the ads are the work of Republican political consultant, Robert Desposada. Whodda guessed it?

Here's the attention-grabbing spot, as translated into English...

And here's the version in Spanish actually airing in NV...

[UPDATE: ThinkProgress reports Univision, a subsidiary of NBC/Universal, is accepting $80k to air the GOP group's ads in Nevada. | LATER UPDATE: Univision decides to not run the ads after all, telling Think Progress late today, "Univision will not be running any spots from Latinos for Reform related to voting."]

And, perhaps this is a good time for a note for those who may not be aware as Election Day nears, particularly if you read our report yesterday on the "Republican War on Voting 2010" and little else here at The BRAD BLOG over the years: Our coverage of election issues is non-partisan...