Paul Kiel at TPM Muckracker has picked up on, and advanced, our Exclusive report yesterday concerning the remarkable comments made last Friday by John Tanner, the Chief of the Civil Rights Division, Voting Unit, at the DoJ, concerning Photo ID restrictions at the polls.

In a follow-up report today, Kiel gets reactions from former DoJ officials, including the man who previously held the same job as Tanner at the DoJ, charging that the remarks and logic behind them were "frankly ludicrous" and "false" and based on "cherry-picking the data that he wants to use."

A DoJ source of our own wrote to us after yesterday's report and characterized the comments as Tanner's "Imus moment."

Tanner had told a group in Los Angeles last Friday --- and our own Alan Breslauer was there to catch it on video tape --- that non-minorities were more likely to be disenfranchised by such restrictive polling laws laws than African-Americans.

"It's probably true that among those who don't [have Photo ID], it's primarily elderly persons. And that's a shame," Tanner told the audience. He then added: "Of course...our society is such that minorities don't become elderly. The way that white people do. They die first." The implication being that, therefore, minorities are somehow less likely to be disenfranchised by draconian Photo ID laws at the polling place.

Tanner had approved a disenfranchising Georgia Photo ID scheme on behalf of the DoJ in 2005, despite the fact that 4 out of the 5 career civil rights unit staffers who had reviewed the law recommended against pre-approval under the Voting Rights Act. The law, once approved by Tanner, was later found unconstitutional by two federal courts, and described by one of the judges to be little more than a "Jim Crow-era poll tax."

ePluribus Media has much more on Tanner's resume and discriminatory reign as voting section chief in the Civil Rights Division.

Restrictive Photo ID laws, being strongly and strategically pushed by elements of the GOP around the nation, are controversial since anywhere from 10 to 30 million Americans, largely Democratic-leaning voters who are elderly, minorities, and/or urban dwellers, are believed to have no driver's licenses. Most states already have requirements for some form of ID when voting, though not necessarily state-issued Photo ID.

Further, the federal Help America Vote of Act of 2002 already requires proof of identity when a voter registers to vote. In the meantime, by even the DoJ's own numbers, voter fraud at the polls is exceedingly rare in America. That, despite GOP kool-aid drinkers like Rep. Duncan Hunter and his recent unfounded claims to the contrary.

According to Kiel at TPM Muck today, both Tanner's predecessor Joe Rich and the man who analyzed the numbers for Tanner at the DoJ in the Georgia case, Toby Moore, strongly dispute Tanner's comments, characterizing them as "not only wrong, but way off, and typical of the type of decision making" in the current DoJ's Voting Rights section...

Guest Blogged by Alan Breslauer with additional reporting by Brad Friedman

Unbelievably, the Chief of the Voting Section of the Civil Rights Division, U.S. Department of Justice, John Tanner, contends that while it's "a shame" that elderly voters may be disenfranchised by new Photo ID restrictions at the polls because many don't have driver's licenses, minorities don't have to worry quite as much. Why? Because "minorities don't become elderly the way white people do. They die first."

Yes, that's what Tanner said last Friday at the National Latino Congreso in Los Angeles and The BRAD BLOG was in tow with video camera to prove it...

Guest Blogged by Alan Breslauer

University of Pennsylvania professor Steve Freeman, author of the important book, Was The 2004 Presidential Election Stolen?: Exit Polls, Election Fraud, and the Official Count, sat down with The BRAD BLOG at the 2nd Annual National Latino Congreso in Los Angeles on Friday.

Below are clips from our video interview with Freeman, broken down into five easy viewing segments, including his contention that his initial investigations into electronic voting led him to believe "There has to be some safeguard, it can't be this easy to corrupt. But it is. Even worse. If you haven't looked into this it is worse than you can possibly imagine."

The video clips, and text snippets of his answers to our questions, all follow below...

Who won the 2004 presidential election? - Freeman's short answer: John Kerry. He explains that while the official vote count gave George W. Bush a narrow margin of victory in Ohio of 120,000 votes and a slim electoral win, exit poll data indicates that Kerry actually won Ohio by 500,000 votes and won the national vote by a 6 million vote margin.

More video Q&A's follow below...

At last Thursday's Republican Debate --- the one which the four Republican front-runners refused to attend --- sponsored by PBS and hosted by (egad!) African-American broadcaster Tavis Smiley, the question of Photo ID restrictions on voters was raised by the Atlanta Journal-Constitution's Cynthia Tucker.

California Rep. Duncan Hunter's answer was interesting. And it's no small matter given that trying to disenfranchise Democratic-leaning voters seems to be Strategy #1 (once again, but moreso than ever) for the desperate GOP in 2008.

That's just one of the reasons why Barack Obama's block of the Dem "deal" to slide through the nomination of Bush's evil GOP anti-voter zealot, Hans von Spakovsky, to the FEC today is so important.

Tucker's question from last Thursday: "Many voting rights advocates are worried about rigid voter ID laws which require photo ID like a driver's license. Are you concerned that some eligible voters will be denied the right to vote simply because they don't have a driver's license?"

Hunter's imaginative answer: "We have right now a real danger of people that are illegally in the country being rounded up, herded into the polls, we've seen that in California, voting illegally. That disenfranchises everybody in that community."

Really? We've "seen that in California," have we? Undocumented (illegal) aliens being "rounded up [and] herded into the polls" and "voting illegally"?

Living out here in the Golden State, we hadn't heard of that one. And we do follow these issues fairly closely. So we checked with Hunter's campaign to find out if they could offer any examples of such illegal votes from herded aliens in our state...

[ED NOTE: Rogers has now posted his story, and our suspicions about who the name of the previously unnamed Congressman was correct! See update at bottom of article for more details! Also: The bad code that caused this article to freeze up in Microsoft IE has now been corrected.]

Investigative journalist Mike Rogers of PageOneQ and BlogActive promised us a scoop during this evening's "Progressive News." We're Guest Hosting the show for the vacationing John Scott today and tomorrow on San Francisco's Air America affiliate, Green 960am.

The man who outed the not-yet-resigned Sen. Larry Craig delivered his tantalizing scoop during our final minutes on today's show. (Full show details, archive here.)

"A United States Congressman who, while he was living in one place and claiming a tax break for that fact was registered and was voting in an entirely different state," he told us.

"The person owned the house with another man," Rogers teased, adding "the man that he owned it with, when you found out what he did, it almost makes this Congressman look like an angel."

We're getting really tired of picking on Democrats. But with clueless Senators like Nebraska's Ben Nelson, it seems like we continue to have little choice.

Picking up from where we left off yesterday regarding this morning's vote in the Senate Rules Committee on whether or not to send a recommendation for approval on the FEC nomination of the DOJ's GOP "Voter Fraud" flim-flam operative, Hans von Spakovsky, to the full Senate. Again we again defer to Paul Kiel's TPMMuckraker report that the Democrats, thanks to a defection from Nelson, were unable to reject the nomination outright and will have to pick up the fight on the Senate floor, where the GOP (unlike the Dems) will march in lockstep to get what they want. Even from the minority...

More on the evil von Spakovsky here.

More details on today's negotiations here, including Feinstein's statement: "I don’t feel that this is an unbiased individual." Minority Leader Mitch McConnnel's (R-KY) hardball in return: "None of these nominees will move across the Senate unless they move together."

In related your-right-to-legally-cast-a-vote-is-under-attack news, as Arlen Parsa covered for us in a bit more detail earlier, the Supreme Court has agreed to hear a Democratic challenge to Indiana's voter disenfranchising Photo ID law.

The very smart Election Law Blog's Rick Hasen sees this as good news for opponents of such laws, but we've got our money on a 5 to 4 ruling in favor of the GOP law, created (by Thor Hearne and Friends) in the hopes of keeping Democratic voters from being able to cast their votes on Election Day. We hope we're wrong, but Bush's Supreme Court hasn't given us much to be hopeful about.

You'll note the supporters of the restrictive, Jim Crow-type legislation have been unable to offer a single case of a voter in the state voting as someone else at the polling place.

Perhaps Sen. Ben Nelson would like to issue a resolution in support of such laws? Idiot.

California Secretary of State Debra Bowen's Election Fraud Unit has just announced that felony charges have been filed against a Sacramento woman who appears to have forged the names of five voters while gathering signatures for a 2006 ballot initiative.

The initiative was sponsored by Pacific Gas & Electric (PG&E), which hired the woman to gather signatures for a petition to get the initiative onto the ballot. She earned 75 cents per signature, netting her a total of $3.75 from the allegedly fraudulent signatures, according to the press release just sent to The BRAD BLOG by the SoS's office. (Complete press release posted at end of article.)

The signatures were excluded before the initiative qualified for the ballot, which eventually passed during the June 2006 election.

So why all the effort and resources expended to bring felony charges for such a paltry sum, for an election that's already over, particularly when the signatures weren't even used?

The reason, as we see it, is two-fold. And there are lessons to be learned from both explanations. And not just in California where powerful GOP operatives are hoping to gain enough signatures to put an Electoral College busting measure on the June 2008 ballot in desperate and cynical hopes of splitting the Golden State's electoral vote on a proportional basis in order to game the 2008 Presidential Election.

The new Secretary of State of Ohio would do well to take away the important lesson, once again from her sister in Sacramento...

She's hinted as much previously, and her new security requirements issued in the wake of her landmark "Top-to-Bottom Review" of e-voting systems would seem to preclude them, but CA Secretary of State, Debra Bowen has now given her most direct comment to date on the matter of voting machine "sleepovers".

"Sleepovers don't comply with the security requirements," Bowen said in response to a question we submitted on the matter during a conference call with the Secretary sponsored by the Courage Campaign.

"It's really simple," she added, after a pause following her immediate, direct reply to the question.

She went on to explain how unauthorized access to a single machine, by a single person, could allow an entire county's election to be flipped, putting everyone's election at risk.

The complete question and Bowen's full answer is transcribed at the end of this article.

The matter of voting machine "sleepovers" --- the practice of sending pre-programmed, election-ready voting systems home with pollworkers, often days and weeks prior to elections, for deliver to polls on Election Day --- first became a controversy last year after The BRAD BLOG exposed the issue as it occurred during San Diego's special election to replace disgraced Republican U.S. House Rep. Randy "Duke" Cunningham. Our exhaustive coverage (see: Busby/Bilbray category) of the resulting scandal, continued throughout some 100 articles here.

The special election in San Diego was the first federal contest to have taken place after several analysis of Diebold's e-voting system found that the systems utilized undisclosed software code prohibited by federal standards. The particular type of code is banned at the federal level since it can be exploited to flip an election undetectably.

Subsequent studies at Princeton University and elsewhere revealed that inappropriate access by a single person, to a single machine, could virally affect every other machine used across the same county.

The revelations made the notion of voting machine "sleepovers" all the more stunning to those of us who recognized the remarkable threat the practice posed to the security of our elections...

Gonzalez and Schlozman and Griffin may be gone, but the long-term politicization and damage at the DoJ was done and institutionalized long ago. The usual suspects --- Thor Hearne, Hans von Spakovsky, Joe Tanner, et al. --- are still plying their insidious anti-democracy trade with all of the tools of big Republican government at their disposal.

If you Dems think "nothing could possibly go wrong in 2008," you'd better think again. As Steve Rosenfeld at AlterNet reports, the Republicans aren't taking '08 lying down. Not by a long shot.

Earlier this year, the DoJ sent another round of threatening letters to 10 key battleground states, threatening to sue them if they do not purge their voter rolls. Yes, the Republicanists have found a "legal" way to use the DoJ to do the illegal vote-caging work the party and their phony well-funded "grass-roots" used to have to do. No wonder Thor's American Center for Voting Rights was able to go "out of business."

The DoJ is the new ACVR.

"They want more people showing up on Election Day and not finding their names," former DoJ Voting Section attorney David Becker, now of People for the American Way (PFAW), tells Rosenfeld. "They want people not voting."

If you don't haven time to read Rosenfeld's entire in-depth investigative report (which should have been on the front page of the NY Times) here are a few of the key grafs...

Guest Blogged by Alan Breslauer

A great Election Fraud-themed country music video! Including some video of Clint Curtis and much more!

Visit Eliza Jane's website.

Blogged by Brad from Boulder, CO...

Must get off the grid today very shortly (and will be gone until after Labor Day), so not much time for comment here. Rather, I'll give you quick pointers to three superb editorials in today's papers as the voices of the good guys return to counter the charlatans and propagandists who've been dominating the media pages for far too long.

Please read on, for some heroic cries for accountability --- finally --- from the hopelessly compromised U.S. Election Assistance Commission (EAC), Election Officials in general, and Sequoia Voting Systems in particular, all found in the op/ed pages today from Coast-to-Coast!...

By Brad Friedman from on the road in Burlington, CO...

The recent Dan Rather report (complete video here) on the gaming of the paper punchcard ballots by Sequoia Voting Systems in Florida, just prior to the 2000 election, plugs up at least one important "hole" in the Clint Curtis story. We first broke Curtis's story back in late 2004 and have been reporting on it ever since.

You'll recall that Curtis alleged --- in sworn affidavit [PDF], live video-taped testimony before a U.S. House Judiciary delegation, and via polygraph test --- that he was asked by Rep. Tom Feeney (R-FL) to create a touch-screen vote-rigging prototype program, just months prior to the 2000 election when they both worked at the same Florida software firm.

One of the main criticisms of Curtis's striking allegations at the time was that "nobody was even thinking about touch-screen voting systems in Florida prior to the 2000 Presidential Election debacle."

Dan Rather's remarkable investigative report, however, would seem to indicate otherwise: seven Sequoia company whistleblowers reveal on camera that, despite their objections, they were forced to use poor quality paper for the punchcards to be used in Florida in 2000. They also revealed that they had been instructed to deliberately misalign the chads for ballots going to Palm Beach County, FL, only.

Back in 2004, just after The BRAD BLOG broke the original story of Curtis' allegations, some in the media were skeptical. On 12/13/04, Kim Zetter picked up on the story for WIRED and wrote...

Unknown to the dubious Zetter at the time, was that someone at Sequoia, as the Rather report now reveals, seems to have known what they were doing when they gamed those paper ballots in Florida in 2000, since the company had already had touch-screen voting machines in the pipe-line, and indeed, already in use since as early as 1999 in California. If someone at Sequoia was pushing towards a change to touch-screen voting for Florida in 2000, the charges that Feeney might well have been aware, and supporting such a move is not quite as absurd as Zetter seemed to suggest in her article.

As well, another recent revelation puts the lie to Feeney's claim, made years ago, that he no longer had anything to do with the owners of the Oviedo, Florida, firm where he was the general counsel and registered lobbyist in 2000 (even as he served as Speaker of the FL House at the same time). Curtis was employed as a computer programmer for the company, which had multi-million dollar contracts with both the state and NASA, where Feeney's wife has worked for several years.

New information reveals that the owners of the company remain personal friends with Feeney, and continue to funnel money to him even while they hope for further contracts from the U.S. House Subcommittee on Space & Aeronautics, in which Feeney has recently been promoted to ranking member.

TOUCH-SCREEN VOTING SYSTEMS AND PRE-2000 FLORIDA

Connecting a few dots here... Sequoia had already deployed its new touch-screen voting systems in several precincts in Riverside County, CA, back in 1999. In 2000 the systems were to be used county-wide for the first time. Sequoia knew damned well that they stood to make millions from the use of touch-screen voting systems long before the 2000 election, even as their paper ballot shop was preparing the flawed paper ballots for use in Florida's election that same year.

As reported by Rather, the company made just pennies per ballot on the punchcards and only a few hundred dollars on punchcard counting machines. But millions stood to be made on their newer technology, which sold for thousands of dollars per touch-screen machine. The stunning on-camera testimony from the seven company whistleblowers suggests that the company --- and/or someone else --- may have had a plan in place to speed the transition to touch-screens prior to the 2000 election in Florida. That, of course, is precisely the same moment in time that Curtis alleges Feeney asked him to create touch-screen vote-rigging software, when they both worked for Yang Enterprises, Inc....

By Brad Friedman from St. Louis, MO...

Enough. Enough. Enough already with this nightmare. It's time to decertify, ban, burn, crush, destroy all Direct Recording Electronic (DRE) touch-screen voting machines. Period.

DREs should never be allowed for use in another American election. Period.

Here's the lede from today's latest head-spinner, courtesy of Declan McCullagh at C|NET News...

ES&S machines are used in 38 states, and, of course, the ES&S spokesperson quoted in the article blames Ohio's procedures for allowing such records to be viewed by the public in the first place. Remember, the voting machine companies hate transparency and don't believe citizens should have the right to see anything concerning their own democracy.

They will also try to distract from the fact that the greatest threat to election integrity and security comes from election insiders --- such as voting machine company employees and elections officials --- rather than the public at large.

The well-reported and sourced C|NET article explains that the other major voting machine companies, Sequoia and Diebold, both deny that the same thing --- matching voters to votes --- is possible with their machines. An unnamed Diebold spokesperson, as usual, goes so far as to lie about the matter to the reporter, claiming they don't include time-stamps on the records for security and privacy reason. He/she added, "We're very sensitive to the integrity of the process."

That Diebold spokesperson is, of course, lying.

Last week, The BRAD BLOG detailed fraudulent claims on Diebold's website which said that on their touch-screen systems "the order of cast ballots is scrambled to further insure ballot anonymity." That claim runs counter to the findings of University of California's recent "Top-to-Bottom Review" of all certified voting systems in the state. The UC findings [PDF] on Diebold's voting system source code, as commissioned by California Secretary of State Debra Bowen, revealed precisely the opposite to be the truth...

TPMMuckraker has the scoop on the latest now-former U.S. Attorney to resign entirely from the DoJ in the wake of the U.S. Attorney Purge scandal. Bradley Schlozman had reportedly been under investigation by the DoJ's inspector general. Schlozman had been moved into the U.S. Attorney position in Western Missouri before subsequently bringing bogus "voter fraud" indictments in the state just prior to the November 2006 general election.

The MO indictments were in violation of the DoJ's own written rules, which disallowed such cases being brought during an election period. After leaving his post in Kansas City recently, Schlozman had been reassigned at DoJ in the office which oversees all U.S. Attorneys. He was recently called to testify to the Senate Judiciary Committee, where he was on the receiving end of angry disbelieving questions by Sen. Patrick Leahy (video of the exchange here). After the testimony, a DoJ insider told The BRAD BLOG that he found testimony to be "on the razor's edge of purjury." Schlozman would later send clarification of his testimony to the Senate Committee.

Schlozzie --- along with Hans von Spakovsky, who still awaits Senate confirmation for appointment as head the FEC, after he'd previously been recess-appointed by Bush last year --- have been much criticized by DoJ insiders for helping to gut the Voting Rights section of the department's Civil Rights division.

While dozens of DoJ and White House officials have been forced to quit in the wake of the scandal, the White House and DoJ continue to insist that no illegalities or improprieties were committed.

If you're within driving, walking, running distance of St. Louis, Missouri, please consider coming out Thursday Night to the Eliot Unitarian Chapel in Kirkwood (216 East Argonne) for an Election Integrity evening.

I'll be speaking and answering questions and heckles, right here in Thor Hearne Country, after a screening of Dorothy Fadiman's excellent documentary, Stealing America: Vote by Vote (which is being submitted for an Academy Award nomination, btw).

The sponsors of the free event, Missourians for Honest Elections, have also invited to speak both Thor Hearne, chief Bush/Cheney/GOP voter disenfranchiser and founder of the "American Center for Voting Rights" (ACVR), as well Paul DiGregorio, former St. Louis County Election Director turned chair of the U.S. Elections Assistance Commission (EAC) who parlayed those jobs into his current position at the ironically named Internet voting company Everyone Counts. Those St. Louisans, and several others currently serving on the county's Board of Elections have all so far declined the invitation to show up, speak, and answer questions.

So I guess I'll have to talk about them instead.

WHEN: Thursday, August 16, 2007. Film at 6:30pm CT, I speak at 7:30pm CT.
WHERE: Eliot Unitarian Chapel, 216 E. Argonne, Kirkwood, MO (map)
MORE DETAILS: Here and here, along with some kind words from the Fired Up! Missouri folks right here.

Hoping to help get folks "fired up" indeed, here at "Ground Zero" in Missouri. So please come out if ya can.

Here's an in-studio radio appearance I did yesterday with the great newsman, Don Marsh on KWMU, St. Louis' NPR station. Exit pollster and political scientist Ken Warren also joined us by phone for the 45 minute interview with callers, etc. St. Louis County Election Director, John Diehl was supposed to call in late in the program. He never showed. Go figure.