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Latest Featured Reports | Thursday, July 24, 2014
'Green News Report' 7/24/14
  w/ Brad & Desi
Breaking: Storm ravages VA campground; New rules for explosive oil trains; Big win against Big Oil in small Maine town; PLUS: U.S. and Rush Limbaugh lead world in denial...
Previous GNRs: 7/22/14 - 7/17/14 - Archives...
Israeli Attack on UN Shelter Kills At Least 15 in Gaza
The strategy of bombing children, but warning them first, will almost certainly result in years of peace and prosperity for the region...
The Good Fight Continues: KPFK 'BradCast'
Brad speaks with John Wellington Ennis, documentarian and activist, on his newest film and his decade-long fight for election integrity...
What We Do Now
"It took one hour and 57 minutes for the execution to be completed, and Wood was gasping for more than an hour and a half of that time"..."Wood, 55, gasped more than 600 times before he died"...
'Green News Report' 7/22/14
  w/ Brad & Desi
Record wildfires burn the Pacific Northwest; June 2014 was hottest globally on record; EPA blocks Pebble Mine; CA blocks water pollution; PLUS: To cut emmissions, cut the beef...
Previous GNRs: 7/17/14 - 7/15/14 - Archives...
Aborted Statewide 'Recount' Reveals It's a Great Time to Steal an Election in California
In the closest election in state history, even a well-funded candidate couldn't afford to find out if he actually lost...
'I Never Realized Voter ID Fraud Had Not Been Proven'
A Rightwing caller's admission in response to Brad on a radio show in NC underscores unparalleled propaganda power of Fox 'News'...
John Oliver On America's Prison Problems...With Singing Muppets!
HBO's fake news show Last Week Tonight offered smarter (and certainly funnier) coverage than you're likely to see anywhere else...
No, JFK Didn't Steal the 1960 Election From Nixon
Another Zombie Myth that just won't die gets knocked down again...for now...even as its persistence continues to fuel false Republican claims of 'voter fraud' even today...
CA Adds Call to Overturn 'Citizens United' to Ballot
Measure calls for Amendment 'to make clear that rights protected by the U.S. Constitution are the rights of natural persons only'...
UK Deputy PM Condemns Israel's 'Deliberate Use of Disproportionate Response'
Nick Clegg calls attacks on Gaza 'collective punishment' that 'incubates next generation of extremists' and 'needs to come to an end'...
'Green News Report' 7/17/14
  w/ Brad & Desi
Australia's RW govt repeals landmark carbon tax; Obama takes action on global warming impacts; Record wildfire season in West; PLUS: California gets tough on water wasters...
Previous GNRs: 7/15/14 - 7/10/14 - Archives...
Koch Brothers' Radical Libertarianism Broke Kansas
More than 100 top GOPers endorse Republican Gov. Sam Brownback's Democratic opponent after tax cuts for the wealthy have busted the extremist Koch Brothers' home state...
Killing Zombie Myths Dead: KPFK 'BradCast'
Brad takes on a bunch of lies this week that just won't die this week -- from e-cigs to Ann Coulter's voter fraud to 'global cooling' to the death penalty to marriage equality in Mississippi and more...
FEDERAL JUDGE FINDS CA DEATH PENALTY VIOLATES U.S. CONSTITUTION
George W. Bush appointee rules state system violates Constitution's ban of 'cruel and unusual punishments'...
'Green News Report' 7/15/14
Divesting from fossil fuels; Germany gives $1b to climate fund; Australia carbon tax repeal; All-electric Formula E racing revs up; PLUS: Climate denier Murdoch...
MO's Democratic Governor Discourages Quitting Smoking
Jay Nixon vetoes bill that would have exempted non-lethal e-cigs from being taxed like dangerous tobacco...
CNBC's Santelli Gets Schooled on CNBC
Fellow CNBCer slams the 'Tea Party' progenitor during on-air shout-fest in the perfect example of why people watch cable 'news' channels -- and why they don't...
GOP Voter Fraud Queen Ann Coulter Urges MS Senate Candidate McDaniel to NOT Pursue Fraud Concerns
Given her well-documented personal history, perhaps she shoulda stayed out of this one?...
'Green News Report' 7/10/14
Debunking the 70's 'global cooling' myth; Anti-science coal nuts in KY; BP oil in Gulf fish; Canada tar sands linked to cancer; PLUS: Pesticide killing birds & bees...
Challenging 'The Nation's Most Restrictive Voter Suppression Law': KPFK 'BradCast'
Journalist Ari Berman, just out of the federal courtroom in North Carolina, joins Brad to discuss the federal case; Plus MUCH MORE...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/18/2011 1:21pm PT  


TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: The sun also rises --- two days earlier?!?! (in Greenland); Carbon capture project may be failing in Canada; Obama orders overhaul of regulations to help U.S. businesses ... PLUS: Eisenhower's other prescient warning, 50 years ago this week ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

Link:
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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Scientists warn of a future "superstorm" in CA; Obama to discuss clean energy with Chinese premier's visit?; "Managed retreat" for California coastal town; ABC Reports On Fossil-Fueled Climate Catastrophes; Arch Coal refused plan to reduce mining impact; Canada bans toxic BPA in kids' toys; Experts warn of looming global food crisis; Toxic parking lots! ... PLUS: Surprise! Opponents of 'fracking' disclosure take big money from industry ....

--- Click here for REST OF STORY!... ---

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The fine line between advocacy and incitement...
By Ernest A. Canning on 1/15/2011 9:33am PT  

[Update 4:26pm PT: Related to the story below, one of the victims of the Tucson shooting has just been arrested for issuing a threat against Rightwingers at a taping for an ABC News special. It seems incitements by some are taken more seriously than incitements by others. Story here... -BF]

* * *

Guest blogged by Ernest A. Canning

"I find it chilling to hear so many U.S. government officials calling for the leader of this organization, Julian Assange, to be labeled an 'enemy combatant' and jailed --- or worse."-Letter from Rep. Ron Paul (R-TX) to Tom Hayden

Recently, a number of prominent politicians and pundits have called for the violent targeting of other individuals who have been neither accused nor charged with any crimes whatsoever, calling into the question the legality of such incitements to violence.

This article will transcend the issue of "moral responsibility" on the part of those politicians and pundits for the horrific consequences that may, and often do, ensue as the result of their deliberate appeals to fear, prejudice and hate so as to examine when such rhetoric actually amounts to an actual crime under the laws of our land.

There can be little doubt that, as observed by Pima County Sheriff Clarence Dupnik, the combination of 24/7 "vitriolic rhetoric" on TV and radio (See video below for poignant examples of such rhetoric), the absence of gun control, with leading U.S. politicians calling for "Second Amendment remedies," and the placement of "crosshairs" over a political opponent's district while calling on citizens to "reload," can produce lethal consequences --- consequences that are not limited to the actions of the deranged.

Such rhetoric is both the product and cause of dehumanization --- a process defined by Professor Phillip Zimbardo in The Lucifer Effect as a means "by which certain other people or collectives of them are depicted as less than human..."

Zimbardo writes:

The process begins with stereotyped conceptions of the other,...conceptions of the other as worthless, the other as all-powerful,…the other as a fundamental threat to our cherished values and beliefs. With public fear notched up and enemy threat imminent, reasonable people act irrationally, independent people act in mindless conformity, and peaceful people act as warriors. Dramatic visual images of the enemy on posters, television, magazine covers, movies, and the internet imprint on the recesses of the limbic system, the primitive brain, with the powerful emotions of fear and hate.

Where we covered the scientific work of Zimbardo and others in "Hate Speech and the Process of Dehumanization," and in a follow-up, demonstrating how the process applies both when directed to foreign "threats" and domestic "foes," here the focus is the thin legal line, unique to the U.S. courtesy of the First Amendment, between advocacy and incitement, and whether some U.S. politicians and pundits may have, at least in the case of WikiLeaks and Julian Assange as they have now charged, crossed that line so as to possibly warrant criminal prosecutions...

--- Click here for REST OF STORY!... ---

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Says organization 'target of unprecedented violent rhetoric'...
By Brad Friedman on 1/10/2011 9:30pm PT  

Late this evening, via an announcement linked from Twitter, the whistleblower media organization WikiLeaks released a statement related to the Saturday attack in Tucson on Rep. Gabrielle Giffords (D-AZ) and 19 others.

The press release condemns "violent rhetoric by US prominent media personalities, including Sarah Palin" and urges that incitement of violence, including against their organization and its founder Julian Assange, be agressively prosecuted by U.S. officials.

Serving as spokesman for the organization, Assange --- who has personally been the target of a great deal of inflammatory rhetoric and violent threats by a number of prominent politicians including not only Palin, but even Vice President Joe Biden who referred to him recently as "a high-tech terrorist" --- is quoted in the press release as saying: "No organisation anywhere in the world is a more devoted advocate of free speech than Wikileaks but when senior politicians and attention seeking media commentators call for specific individuals or groups of people to be killed they should be charged with incitement --- to murder."

"Those who call for an act of murder deserve as significant share of the guilt as those raising a gun to pull the trigger," he said.

After offering condolences and sympathies for those injured and killed in the shooting spree, the press release, posted in full below, details several violent suggestions, or "incitements to kill," as directed at Assange and WikiLeaks by a number of prominent media personalities and politicians...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 1/9/2011 4:52pm PT  

This flier was circulated in Dallas in the days before John F. Kennedy was assassinated...

Any of that look or sound familiar?

If not, and if you didn't see the Tucson Shooting coming months and months ago, then you are living in a world of complete and utter delusion.

[Update 1/11/11: Robert F. Kennedy Jr., responding to the Giffords shooting at Huffington Post, draws a similar allusion to the atmosphere in Dallas in the days prior to the murder of his uncle.]

If you, like pretend media critic Howard Kurtz, are finding rationalizations and excuses to justify what happened yesterday, dismissing it all as little more than the work of a "lone nutjob," you are similarly deluded and among the most dangerous of apologists.

You are also anything but "conservative," since the core of that ideology used to include personal responsibility. Taking none, unfortunately, seems to be the new hallmark of the no longer any more than name-only movement.

Remember what happened after this video-taped moment in September of 2009, when Nancy Pelosi called for "taking responsibility for our words" before tearing up while recalling the assassination of Harvey Milk in her own district in the 70's, and while decrying the scores of death threats and broken windows at offices of Democratic members of Congress after they'd voted in favor of Health Care Reform?...

--- Click here for REST OF STORY!... ---

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Contest offers a year-end reminder of the continuing need to reform our electoral system...
By Brad Friedman on 12/31/2010 5:29pm PT  

In a press conference held this afternoon in Juneau, Alaska's GOP nominee for the U.S. Senate, Joe Miller, finally conceded the election to write-in candidate and incumbent Republican Senator Lisa Murkowski. He has decided not to appeal his federal case as dismissed by a U.S. circuit court judge on Tuesday. See AP's coverage for more on today's announcement.

Having followed the failures of Alaska's Diebold election system for years, The BRAD BLOG followed the race between Miller, Murkowski and Democratic nominee Scott McAdams closely over the last several months, as it served to offer, yet again, another reminder of the importance of full transparency and citizen oversight in (small "d") democratic elections and the need to reconsider the use of electronic tabulation systems which ultimately leave all of us wondering if election results are accurate and if this nation can consider itself as having anything approaching the self-governance envisioned in our Constitution...

--- Click here for REST OF STORY!... ---

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[Now UPDATED with our analysis of the curious ruling]
By Brad Friedman on 12/28/2010 5:48pm PT  

After requiring Alaska's GOP U.S. Senate candidate Joe Miller to file his federal lawsuit by Monday (yesterday), the federal judge in the case has now dismissed it without even waiting for the reply from the state, which was ordered due by Wednesday (tomorrow).

From Anchorage Daily News as posted within the last hour...

A federal judge today dismissed Republican Joe Miller's federal lawsuit seeking to overturn the results of the Nov. 2 election, clearing the way for U.S. Sen. Lisa Murkowski to be officially declared the winner.

She's now scheduled to be sworn in for a new six-year term on Jan. 5.

U.S. District Judge Ralph Beistline issued a 14-page order this afternoon in which he said Miller wasn't raising any federal issues that he needed to resolve. He ordered Miller's entire federal case dismissed.

Beistline wrote that he would not second guess the Alaska Supreme Court, which already had ruled against Miller.
...
Miller said in a statement that he was disappointed by today's ruling and thought the U.S. Constitution's election clause presented a significant federal issue.

"Specifically, should the courts be required to follow the legislature's standard for the selection of U.S. Senators or create their own?" Miller said in a written statement. "My legal team believes that the clear language of the Election Clause as well as precedent support our claims. Thus, we are evaluating the ruling and determining what our next step should be."
...
The judge said state lawyers didn't need to respond to Miller's latest filings in federal court. But he also said Miller's technical arguments were not frivolous.
...
"What we have before us is a poorly drafted state statute," Beistline wrote. "Wisdom would suggest that the Alaska Legislature act to clarify it to avoid similar disputes in the future. For now we have to work with what we have and that is what the Alaska Supreme Court has done."

Last night we published our detailed analysis of Joe Miller's federal complaint, in which he pointed out Constitutional questions about the way in which the Diebold optical-scan system was used to tally votes. We also pointed out what might have been a fatal flaw in his complaint. Whether Miller will appeal Beistline's decision remains to be seen.

Beistline's 14-page dismissal is here [PDF].

* * *

UPDATE 8:22pm PT: A few thoughts after reading Beistline's dismissal...

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Contests 'vague voter intent' determinations, reliance on Diebold op-scan tallies on Constitutional grounds
But GOP candidate's decision to drop contest of Murkowski certification could prove fatal to overall case...
By Brad Friedman on 12/27/2010 6:53pm PT  

[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 12/22/2010 8:56pm PT  

As largely expected, the Alaska Supreme Court has rejected GOP U.S. Senate candidate Joe Miller's contest against the Division of Elections, which has unofficially determined write-in candidate Sen. Lisa Murkowski bested both Miller and Democratic candidate Scott McAdams on November 2nd.

Via Sean Cockerham at Anchorage Daily News...

The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski’s victory on life support.

“There are no remaining issues raised by Miller that prevent this election from being certified,” the Supreme Court declared in its unanimous ruling.

Murkowski leads Miller by more than 10,000 votes. Miller is quickly running out of options but he still has a chance to press his claim in federal court.

U.S. District Court Judge Ralph Beistline today gave Miller until Monday morning to argue the federal courts should take up any remaining constitutional issues.
...
Miller has indicated he might fight the election all the way to the U.S. Supreme Court. But his spokesman said today that Miller is weighing his next move.

See Cockerham's ADN article for more details on the high court's findings.

Here's Miller's original state complaint [PDF], his appeal to the AK Supreme Court [PDF] and the AK Supremes' 24-page ruling [PDF] on it (which we haven't gotten to read in full yet, so we may update based on our review.)

And here's our detailed report from yesterday, describing the general issues at stake, and offering what seems to have been a pretty accurate preview of what the court appears to have decided today. The decision once again leaving thousands of paper ballots completely unexamined by human eyes, tallied only by oft-failed, easily-manipulated computer systems, just as NY's highest court did earlier this week in a race that was far closer than the Miller/Murkowski/McAdams race.

The fight to see paper ballots actually be counted --- as per Democracy's Gold Standard --- continues.

* * *
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In public, and hopefully on Election Night...
By Brad Friedman on 12/21/2010 7:45pm PT  

[Update 12/22/10: Alaska Supreme Court decides against Joe Miller on all counts. Details here...]

* * *

Having paper ballots is one thing. Seeing them actually be counted, unfortunately, continues to be quite another matter.

For those of you who may not understand why it's not enough to merely have hand-marked paper ballots that are tallied only by oft-failed, easily-manipulated computers --- even if those paper ballots could be counted by human beings "in the event there are questions about the results", as supporters of such systems like to say --- need look no further than the extraordinary finding on Monday from New York's highest court, its Court of Appeals.

And, for that matter, what is likely to happen in Alaska very soon, where Republican Joe Miller continues to wait for a similar decision from that state's Supreme Court in his fight for a hand-count of all paper ballots in his still-uncertified U.S. Senate race against Republican write-in candidate Lisa Murkowski and Democratic candidate Scott McAdams...

--- Click here for REST OF STORY!... ---

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Question of misspelled write-in ballots belongs in state court, says judge...
By Brad Friedman on 11/20/2010 7:54pm PT  

Via Huffington Post...

JUNEAU, Alaska — An Alaska federal judge ruled Friday that Republican Senate candidate Joe Miller's challenge to the counting of write-in ballots raises "serious" legal issues but is a matter for a state, not federal, court to decide.

Yet in deferring to an Alaska state court for a final decision, U.S. District Judge Ralph Beistline said he would grant a temporary injunction to halt official certification of the Nov. 2 election – an action Miller is seeking – so long as Miller takes his case to the state court by Monday. Miller told The Associated Press late Friday that he intended to do so.

Beistline's unusual action was intended to "ensure that these serious state law issues are resolved prior to certification of the election," the ruling said.

See HuffPo for more details on the ruling. Miller's campaign has issued a brief statement here.

And see The BRAD BLOG's detailed analysis from Wednesday explaining why, in our opinion, Miller would be wise to call for a full, transparent hand-count and reconciliation of all ballots cast in Alaska's U.S. Senate election.

Earlier this week AP called the election in favor of incumbent Republican write-in candidate Sen. Lisa Murkowski. But, as we described, there are a number of reasons --- including Alaska's recent history of impossible election results as reported by their flawed, oft-failed, easily-manipulated and non-transparent Diebold optical-scan system --- which suggest that Miller would be performing a service to the voters of Alaska and the rest of the country if he used his standing to insist on a full, public hand-count. By the way, Democratic candidate Scott McAdams would be performing a similar service if he used his standing to join Miller in that pursuit...

--- Click here for REST OF STORY!... ---

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A fully transparent reconciliation would well serve democracy, particularly given AK's dreadful election history...
By Brad Friedman on 11/17/2010 8:45pm PT  

- Brad Friedman, The BRAD BLOG

After a week of hand-counting paper write-in ballots in Alaska's three-way U.S. Senate race between incumbent Sen. Lisa Murkowski (who ran as an independent write-in candidate), Republican candidate Joe Miller and Democratic candidate Scott McAdams, the Associate Press called the race this afternoon for Murkowski.

Trailing by some 10,000 votes behind Murkowski, however, and with several lawsuits concerning the tabulation of ballots still pending, Miller is suggesting it's likely that his campaign will call for a "hand count" of all of the ballots cast in the race, not just those in contention during the counting of write-in ballots over the last week.

Given Alaska's years-long record of often-inexplicable election results, going back at least as far as the 2004 Presidential Election (and the first election as Senator for Murkowski who had previously been named by her father to replace him in the U.S. Senate when he became Governor in 2002); the repeated failure and insecurity of the state's Diebold election system; and the AK Division of Elections' truly remarkable history of blocking citizen oversight of election results --- much of which has been documented at The BRAD BLOG since late 2005 --- a thorough reconciliation of results by the Miller team would be both appropriate and helpful for all future elections in the state (and even for other states, where similar nearly-impossible-to-oversee optical-scan ballot systems are similarly used.)

We have no particular dog in this race, as our coverage of issues of Election Integrity is, as always, non-partisan. Our only concern is for the voters, that they get to vote if they wish, that their votes are counted accurately if they do, and that the counts are performed transparently so that all citizens can know that the results are, indeed, accurate.

To that end, though we haven't consulted directly with any of the campaigns in the Alaska race, we have been following the tabulation closely since Election Day two weeks ago, and have been speaking with a number of sources in the state who have, we're told, been sharing various thoughts we've offered with both the McAdams and Miller campaigns. The advise we've offered --- as we would to anyone who asked, including Murkowski's campaign --- appears to have been taken to heart by the Miller team, at least if one of their lawsuits, and a number of their public statements given over the last week are any indication.

As mentioned, Alaska's history of election results that seem to defy mathematical explanation, along with (understating the problem here) less than transparent processes and a failure to make recommended changes to their election system and procedures, leads to a case where a full, manual, reconciliation of all ballots cast and counted --- as called for by the Miller camp, or any other --- would provide a valuable service to the state and all of its voters...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 11/12/2010 2:01pm PT  

I'm prepping for tonight's Mike Malloy Show which I will be, once again, guest hosting this evening (9-Mid ET / 6-9p PT, with listen links and live chat right here at BradBlog.com later), but took a short break to chat with Shannyn Moore on Alaska's KUDO about the state of the state's elections right now as the Joe Miller and Lisa Murkowski campaign's duke it out in regard to counting (or not counting) write-in ballots from the U.S. Senate race.

As we discussed, there is, of course, every reason to be concerned about Alaska's horrible, error-prone Diebold system. Here's just one such reason that we discussed. As well, after Murkowski announced her write-in bid last August I wrote about how the race is likely to test the oft-failed system they use up there.

As predicted, the fight for oversight and reconciliation of the results is on right now, and the Miller camp has brought in one of the great Rightwing extremists, Floyd Brown (he of the Willie Horton ads, Obama "birtherism" and much more) to take the lead in the campaign's fight for oversight.

Where Brown is inappropriately suggesting "voter fraud" without evidence to back it up, he is exactly right in calling for the right for the campaign to be allowed to reconcile the poll rosters to determine if the lower-than-expected number of ballots so far tabulated are, indeed, accurate. To that, I'm more than happy to support his efforts or any other citizens who want to fight to try to ensure their elections are being counted accurately and transparently.

Shannyn and I discussed all of the above and more for about 30 mins or so. Here's that discussion:

Download MP3, or listen online below...

* * *

UPDATE 11/13/10: Jeanne "AKMuckraker" Devon has more on the developing sitch up there, all the strange bedfellows tucking themselves in, and this hilarious admission: "So, it is with a whiplash-addled heart that I commend…. (pauses for a shot of vodka)… that I say kudos to (mops brow)… that I agree with (deep breath)… Joe Miller."

UPDATE 11/17/10: Joe Miller now suggests his campaign may call for a complete 'hand count' of all ballots. A detailed analysis of Alaska's recent history of impossible election results and it's oft-failed Diebold tabulators suggest Miller would be performing a service to all voters with such a full, transparent reconciliation. Details now here...

* * *
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UPDATE: Late-night stay issued by AK Supreme Court...
By Brad Friedman on 10/27/2010 2:28pm PT  

[The AK Supreme Court has put a stay on the Superior Court Judge's order. For now. See important update at bottom of article.]

As we've been suggesting in our two previous articles on the issue, the Alaska Division of Election's unprecedented move to supply printed lists of write-in candidates to polling places, purportedly to "assist" voters seeking help, violates state election procedures.

A judge today ruled in favor of the Alaska Democratic Party (ADP), as well as the state Republicans who joined the suit, by issuing a temporary restraining order finding the DoE's practice a "clear violation of Alaska administrative regulation."

We covered the issue over the weekend when it first came up, as letters went back and forth between the ADP, who charged the procedure amounted to "electioneering" inside the polling place, and the DoE, who claimed they were required by state and federal law to provide such assistance to voters.

We covered it again last night, when the DoE responded to our public records request for previous lists of printed write-in candidates by denying the request, since, as DoE Director Gail Fenumiai wrote, "The requested records do not exist."

State Superior Court Judge Frank Pfiffner agreed that the state's argument "rings hollow", noting, "If it were important 'assistance' for the division to provide voters with lists of write-in candidates, then the division has been asleep at the switch for the past 50 years. The division first developed the need for a write-in candidate list 12 days ago."

The ruling comes as a blow to incumbent Republican Sen. Lisa Murkowski, who tossed her hat into the ring as a write-in candidate after her primary loss to the GOP's Joe Miller. Along with Democratic nominee Scott McAdams, a fierce three-way battle has ensued for the open U.S. Senate seat from Alaska. Although it's unclear what leg they have to stand on, the state has said they will appeal Pfiffner's decision ordering the immediate removal of the printed list of "certified" write-in candidates from polling places across the state. The judge also ruled that pollworkers may not mention Murkowski's, or any write-in candidate's name, to voters.

As reported by Erika Bolstad in today's Anchorage Daily News...

--- Click here for REST OF STORY!... ---

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In response to our records request in for previous printed lists, DoE concedes they 'do not exist'
First time such 'assistance' provided to voters in U.S. Senate race...
By Brad Friedman on 10/26/2010 2:47pm PT  

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]...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 10/23/2010 12:25pm PT  

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...

--- Click here for REST OF STORY!... ---

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