I've covered the problems and failures in NY-23's recent Special Election for U.S. House in a number of previous articles here at The BRAD BLOG, detailing some of the early problems with results as they emerged, pointing out that, thanks to Republican precedent in 2006, it now no longer really matters whom the actual voters may have voted for, but arguing that a full manual hand-count of paper ballots would be appropriate nonetheless.

Over the holiday weekend, the good Richard Hayes Phillips --- author of the book Witness to a Crime, in which he painstakingly detailed, ballot by ballot, the scandal which was the Ohio 2004 Presidential Election --- reported on some curious numbers he's now found in that election, over at the right-leaning Gouverneur Times. As luck would have it, Richard is a resident of NY-23 himself, and seems to be finding that both "impossible" and then many more "improbable" tallies were certified, as NY tested its Seqouia/Dominion e-voting systems on live voters, in a real, live election, for the first time earlier this month.

Both of his pieces are worth a quick read over there.

And now, the Gouverneur Times has asked me to put together a bit of a "backgrounder" for them on all of these e-voting nightmares, and how they pertain to NY-23, since it seems that right-wingers, for some odd reason, are somewhat lacking (up until now anyway) in real information on just how dangerously insane our privatized system of e-voting in public elections has become. Too much time spent being fooled by ACORN-conspiracists like Andrew Breitbart and Fox "News," I guess.

My piece for them, "NY-23, Sequoia and the Private Corporate Takeover of Your Once-Public Democracy," as written over the weekend, following the latest in a string of embarrassing "concessions" and "un-concessions" by the Conservative Party's Doug Hoffman, is now their front page lead story if you (or Breitbart) care to give it a look.

John Conklin, the Director of Public Information for New York State's Board of Elections has now issued a statement in response to the Gouverneur Times' article by Nathan Barker last week, alleging a "VIRUS in the VOTING MACHINES" [caps in original headline] which, the paper says, "tainted the results" of the recent Special Election for the U.S. House in NY's 23rd Congressional district.

We responded to Barker's detailed article ourselves over the weekend at some length, noting both the accurate and inaccurate information and assertions included in the online publication's coverage.

Conklin's response has drawn two responses in turn from the Gouverneur Times, as the right-leaning publication appears to have joined in the fight for election integrity, at least on behalf of their favored Conservative Party candidate whose apparent election loss has indeed been "tainted" by the very same concerns about which The BRAD BLOG has been warning for years. We're happy to see their new-found concerns, even as Republican partisans in political alignment with the Times have been ignoring and/or disparaging similar reports for years following elections in which Democrats have been the apparent victims of similarly failed voting systems...

On Thursday, Nathan Barker of upstate New York's Gouverneur Times --- a far-Right online publication (featuring columns by the likes of Michelle Malkin, Oliver North, Chuck Norris, and all the rest of the wingnutters) --- filed a lengthy, and somewhat breathless, report alleging a computer virus had infected several of the new e-voting systems in first-time use during the November 7th Special Election in NY's 23rd Congressional district between Democratic candidate Bill Owens, Conservative Party candidate Doug Hoffman, and Republican Dede Scozzafava (who dropped out of the race just prior to Election Day and threw her support to the Democrat).

Barker charged that a "VIRUS in the VOTING MACHINES" [his caps] resulted in "tainted results," "casting doubt on the accuracy of counts retrieved from any of the machines" used in the election.

Owens was reported to have won the election by a small margin on Election Night --- made smaller as errors were discovered during the post-election canvass --- before being hastily sworn in to the U.S. House just a few days later, in time to provide a crucial Democratic vote in favor of the health care insurance reform bill.

Barker's detailed report clearly offers a hard-right undertone, obviously in support of the Conservative Party candidate Hoffman. The article also advances several unsubstantiated conspiracy theories and features a number of out-and-out inaccuracies as well. A number of the piece's key allegations, though important, are also disputed by election officials, and at least one lead member of New York's election integrity community --- which is, itself, split between supporters of the new optical-scan e-voting systems and those calling for the retention of the Empire State's long-used mechanical lever voting machines.

Nonetheless, Barker raises a number of significant points and important concerns, about which The BRAD BLOG has been warning for years, often in the face of derision, notably from the same Rightwing circles crying foul now, who had previously dismissed such concerns as those of 'tin-foil hat wearing, sore losers and conspiracy theorists' despite actual hard evidence and scientifically-sound details proffered about such concerns.

It's somewhat amusing to see some on the Right, now that they have concerns about a close election, suddenly find religion on the very issues they'd derided as nonsense so stridently in the past. It's very tempting to either disregard them now entirely, or torture them mercilessly on that point. But we'll try to take the high road here since their central concerns, now that they've finally arrived and no matter how long overdue, have been ones that we've shared for years, whether or not they might have stood to adversely affect Democrats, Republicans or independents.

The bottom line is that whether a computer virus, malicious or otherwise, affected the results of the NY-23 Special Election or not --- we've seen no actual evidence that it did, and state officials offer a differing explanation for the e-voting system failures that did occur --- it certainly could have. The direct threat to democracy inherent in the concerns expressed by Barker (whether substantiated or not), underscore the foolishness of using such secret vote-counting systems at all. In New York --- where voters, in real elections, are essentially being forced to serve as beta testers of these new, federally-uncertified systems, made by a company with a long track-record of failure, lies, obfuscation, near-bankruptcy, secretive foreign ownership, election disaster after disaster, and dissembling to the media, as well as federal, state and local officials --- the foolishness is all the more apparent, unnecessary, unfortunate and a clear and present threat to democracy itself...

NY-23's failed Conservative Party Congressional candidate, Doug Hoffman, now says he was "forced to concede" (though it's not clear who forced him, and the concession, as BRAD BLOG readers know, has no legal standing in any case, and, as we noted last week, neither do the voters of New York for the most part, at this point).

But now, as it turns out, Hoffman has also discovered that ACORN stole the election! Not a surprise, given that a new public opinion poll finds that a majority of Republicans think ACORN stole the Presidential election, too! [Hat-tip Digby]:

But NY-23 and the 2008 Presidential election is not all that ACORN did! You can learn more about their stunning crimes (e.g., "ACORN is behind the Eggo Waffle shortage!!!") via #AcornFacts, the new topic that's taking Twitter by storm today...

A potentially interesting situation is underway in New York's 23rd Congressional district where post-election canvassing of the recent Special Election for the U.S. House is still underway.

According to Syracuse's Post-Standard, the post-election canvass shows the race between Conservative Party candidate Doug Hoffman, who conceded on Election Night, and Democratic candidate Bill Owens, who was sworn in as the district's new U.S. Congressman last Friday, to be tightening as results are double-checked, errors are being found, and a few thousand absentee ballots are still uncounted.

The race, regarded by many as a a bellwether contest before next year's full Congressional elections, appeared to have swung in the Democrat's favor on Election Night, following the suspension of the campaign of Republican candidate Dede Scozzafava who threw her support to Owens after she'd dropped out just days prior to the election.

On Election Night, Owens was reported to be the "winner" by just over 5,000 votes, with 93 percent of the votes tallied, leading to Hoffman's concession. Since then, various errors have been discovered in at least two different counties, resulting in a gain of some 2,000 votes for the Conservative Party's Hoffman, bringing the latest tally to 66,698 to 63,672. Closer, now a 3,000 vote margin, but still favoring Rep. Owens.

There were, however, some 10,200 absentee ballots requested and distributed. And, as we understand New York's state election laws, none of them have yet been counted. Many of those ballots were purportedly cast when Scozzafava was still in the race. At that time, according to Hoffman's campaign at least, they might have had an edge in the then-three-way contest. So it's possible, though believed to be a long shot, that Hoffman could gain enough votes in absentees to eclipse Owens.

This scenario --- a Congressional candidate quickly sworn in, based on unofficial results shortly after a bellwether Special Election before all votes have been properly counted --- should be a familiar one to long-time readers of The BRAD BLOG. A very similar situation occurred in the 2006 race to replace the jailed Republican Rep. Randy "Duke" Cunningham in California's 50th Congressional district.

While Republicans who stood in support of the Conservative Party's Hoffman this year --- he was endorsed by the likes of Rush Limbaugh, Sarah Palin, Glenn Beck, Michelle Malkin and the Republican Party itself (only after Scozzafava was pressured to drop out) --- are finding some cause for optimism in the still-narrowing margin. Limbaugh certainly has, at least according to his breathless reporting of the goings-on in NY-23 on his show this morning.

But the legal maneuvering and judicial precedent that the then-Republican-led House pulled in the Summer of 2006, in order to keep votes from being counted in the CA-50 Special Election and, indeed, to keep the voters of California from even being able to contest their own election, should ensure that Hoffman can no longer, legally, take possession of the House seat via any challenge in New York --- even if he's eventually found to have received more votes than Owens!...

We're watching results as they're coming in tonight, while continuing to comb through various problem reports as they've been coming in throughout the day (the usual "hiccups" "glitches" "snags" and "snafus" reportage --- anything but the proper word for them all: "failure"!)

As we always find necessary to remind readers on such nights, the bulk of election failures tend to reveal themselves in the hours and days --- and sometimes even weeks --- after Election Day.

With that in mind, of the most potential note that we've seen so far today --- though mostly downplayed as minor "glitches" in most of the stories reporting them --- we've found reports of: Diebold touch-screen machine failure in OH's Montgomery and Greene Counties; new e-pollbooks failing in Suffolk County, NY; new Sequoia/Dominion optical-scan systems failing in St. Lawrence County, NY, and; Sequoia touch-screen failures in Essex, Somerset and Goucester Counties, NJ.

Fortunately, turnout has been light today, so the problems that have cropped up seem to have been handled by quickly replacing machines (a luxury available during slow, off-year elections when there are extra machines to go around) or in such a way that delays --- and the voter disenfranchisement that goes with them --- were minimal. At least as so far reported.

Whether any of the results tabulated in secret, with secret software, are actually accurate, well, that's anyone's guess as usual. In any case, we're monitoring, and will let ya know if there's anything you need to know about. Please feel free to let us know about anything you think we should know about in comments.

Other than that, we're just stunned that ACORN did such a terrible job, yet again, at "stealing the election" in New Jersey!

UPDATE 9:29pm PT: New Sequoia op-scan systems fail in Fulton County, NY and are impounded by court order. Emergency paper ballots are used. Fulton is part of the hotly contested NY-23 Congressional special election.

Guest Blogged by Frank Schaeffer

What a weird life! In the 1970s and 80s I helped my late Evangelical-leader, Religious Right founder father as his nepotistic sidekick. We helped establish the Religious Right and send it on its merry way to doom. Now I --- a backslider former Evangelical, former Republican --- watch in amazed fascination as once again the Right I helped launch like a nasty little torpedo into the guts of the Republican Party once again explodes.

Frank Rich explains...

Following up on Saturday's NEWSWEEK scoop that Attorney General Holder "may be on the verge of" appointing a prosecutor to investigate Bush/Cheney-era torture, Digby notes how the chuckling dinosaurs of ABC News' This Week with George Stephanopoulos on Sunday snickered their way through a discussion of prosecution for torture by the Bush/Cheney regime (in our name!) as if they were wise-cracking about any old political brouhaha from inside the Beltway. (Video/transcript here, courtesy of C&L.)

Note to Stephanopoulos: How about featuring some actual journalists and bloggers who've actually been covering this issue for months (years?) before you eventually come to wonder why your show has gone the way of all the dead trees in the newspaper publishing business. Greenwald, Scahill, Wheeler, Horton all come to mind. It might bring your show up to date...or at least, up to 2006 or so.

The serious folks out there, several mentioned above, took a look at Saturday's NEWSWEEK report with the grim sobriety and analytical acumen that it deserves, while in largely shabby followups Washington Post, New York Times, and Rupert Murdoch's Wall Street Journal all seem to float anonymously sourced trial balloons, averring the notion that only low-level rogue interrogators who exceeded the boundaries of the DoJ's illegal torture justification memos would be targeted by such an investigation.

On that point, while Glenn Greenwald charges such an approach would be arguably "worse than doing nothing," as it would "actually further subvert the rule of law rather than strengthen it," he also notes:

Scott Horton's reporting counters the indications from anonymous sources in the increasingly obsolete WaPo, Times, and WSJ coverage which suggests focus on only low-level agents and contractors, rather than policy makers, by reporting that his sources at DoJ indicate just the opposite [emphasis ours]...

Alaska Gov. Sarah Palin marked the Independence Day holiday by firing back at "false and defamatory allegations" made over the past twenty-four hours; noting limits on the "right of free speech"; declaring herself a victim; and issuing threats of potential litigation against a number of journalists and media outlets.

Through her private attorney, Thomas Van Flein, Palin issued a statement on Saturday in response to stories concerning suggestions of a federal investigation into the contracting and building of her house on Lake Lucille in Wasilla and the Wasilla Sports Complex, both constructed during her tenure as Mayor of the small town.

The four page response [posted in full at the end of this article] rebuts allegations as discussed on this blog and other news sites on Friday following the former Republican Vice Presidential nominee's surprise announcement that she would be resigning from office with a year and a half still remaining in her first term as Governor.

The defiant statement includes a warning "to provide notice" to journalists and media outlets that she "will be exploring legal options this week to address such defamation."

The statement opens by charging that following her stunning, and often beguiling, hastily called press conference at the beginning of the holiday weekend, "several unscrupulous people have asserted false and defamatory allegations that the 'real' reasons for Governor Palin's resignation stem from an alleged criminal investigation pertaining to the construction of the Wasilla Sports Complex."

Also, late tonight, the Los Angeles Times has filed a short article featuring a response from an FBI spokesperson in Alaska who denies that the agency is investigating the Palins on those matters...

The New York Times just doesn't get it. You'd think, by now, they would. But they don't. And they should print a correction immediately.

In a brief, unbylined editorial yesterday, headlined "How to Trust Electronic Voting," the paper endorses this year's version of Rep. Rush Holt's election reform bill (H.R. 2894). The editorial is misleading and, even worse, blatantly (and inexcusably) inaccurate on at least one important point...

With hand-counts taking place in Pheonix (a criminal investigation into allegations that a 2006 Tucson election may have been defrauded electronically), and completing in Minnesota (the 3-judge panels just completed count of remaining, lawfully cast, previously-rejected absentee ballots) this week, we've neglected to keep you up to date on the remarkably close results of the NY-20 U.S. House Special Election from last week in which the Democrat Scott Murphy had edged out the Republican Jim Tedisco by just 65 votes on Election Night, after polling place lever machines were initially, and unofficially, tallied.

The special election is meant to fill the vacated seat left open by now-Sen. Kirsten Gillibrand after she was tapped by the Governor to replace now-Sec. of State Hillary Clinton in the U.S. Senate.

The numbers in the NYT-20 race have gone back and forth and back and forth over the last week as counties canvassed their numbers, checking and double-checking for accuracy, in advance of the counting of some 7,000 absentee paper ballots which is set to get underway today.

Thankfully, TPM's Eric Kleefeld has been following every peak and valley in the roller coaster ride over the last week and, as thankfully, David Kurtz over there has rounded up the highlights of Kleefeld's ongoing coverage to give us a quick summary of where things stand today as the hand-counting is set to begin...

[Update 4/1/09: Murphy's lead shrank to just 25 votes "after local election officials began double-checking totals and their math today".]

Can't you citizens make up your minds?! Please?! The NY-20 U.S. House Special Election held today to fill the vacant seat of now Senator Kirsten Gillibrand is, of course, too close to call. Big time. Sigh.

The Democratic candidate Scott Murphy leads the Republican Jim Tedisco by just 65 25 votes out of more than 150,000 votes cast at the polls (lever machines, the last state to have them), with 100% of the precincts now having reported in tonight. It would be quite a come-from-behind victory for Murphy if he's able to pull it off, as Tedisco had been leading in the polls, in the heavily Republican district, until just a few days ago.

Of course, this will all now come down to the absentee ballots cast in the race. Just like Minnesota. The NY Board of Elections must now work out a schedule for their counting, as there are still a number of days for those to come in. It's being reported tonight that some 10,055 absentee ballots went out, "including 1,882 military and overseas ballots, of which 5,907 total had been returned" so far.

As Gregg Levine at FDL noticed earlier this afternoon, in a peculiar legal move, the NY Republican Party filed a strange legal motion [PDF], long before the polls were even closed, including this pre-emptive election challenge:

That part of the motion, Levine reports in a followup was "struck out by the court on the spot". They didn't buy the old "heads I win, tails you lose" routine from the GOP, apparently.

But the last graf of Eric Kleefeld's TPM coverage of the NY-20 race tonight deserves an all-time special prize:

UPDATE 4/8/09: Over the past week, the lead has shifted back and forth several times between Murpy and Tedisco in advance of the hand-count of some 7,000 absentee paper ballots set to begin today. We've got a quick update on the week's roller coaster ride as the count gets underway, now posted here...

Guest Blogged by Andi T. Novick, Esq.

New York is the last state in the nation to have a non-computerized, transparent voting system. We still use immutable, theft-deterring mechanical lever machines to count our votes. (* - Please seen bottom of this article for a quick explanation of how lever machines work, for those who may not know.)

New Yorkers are fighting to keep their current voting system, notwithstanding that New York's legislature passed a law in 2005 that says we should give up our observable, reliable levers in exchange for unreliable, concealed software-based vote counting machines. Nearly 1,800 New Yorkers have signed a petition, and three counties (Dutchess, Ulster, and Columbia, all PDFs), have passed resolutions to save New York's lever voting system.

The Association of Towns (half of New York's entire population lives in towns) recently passed a resolution to save the levers [PDF], and Nassau, Greene, and other counties are presently considering similar action to retain New York's lever voting system.

Moreover, reliable sources have confirmed for me that neither the Governor nor the Attorney General nor the State Legislature that passed the "Election Reform and Modernization Act" (ERMA) want to replace the levers anymore either (what politician would want to be responsible for choosing to cut essential programs for hungry children or the elderly, just to be able to replace our superior and affordable voting system with budget-breaking computers that are notoriously corruptible and defective?). But the State Legislature has not repealed ERMA and the Attorney General, to date, has supported the State (not the citizens).

So what is driving New York State to stick with a law that so many in New York believe to be such a bad idea? As a New Yorker who has been talking to many election commissioners, legislators and citizens, I was surprised to learn how many people believe the "Help America Vote Act" (HAVA) actually banned lever machines.

I read HAVA. It clearly does not ban levers. I recently discovered what has helped fuel this misinformed opinion in part: it is the discredited position of the discredited U.S. Election Assistance Commission (EAC), as detailed in a newly-unearthed document prepared for the state of Pennsylvania, at their request, in regard to the legality of lever voting machines.

Although the agency is not a court of law, and not even an agency deserving of deference for its opinions --- its allegiance has clearly been shown to be not with either voters or democracy --- the "HAVA-banned-levers" rumor was given the imprimatur of the EAC through this little-noticed document...

Guest blogged by Steven Rosenfeld of AlterNet

The electronic voting problems in the 2008 election are broader than recently-publicized snafus such as machines not turning on, voter databases omitting names, or touch screens not properly recording votes, according to an analysis of 1,700 incident reports from the nation's largest voter hotline.

Moreover, the voting machine issues and the confusion they caused among poll workers appear to have compounded the delays faced by untold thousands of voters this fall, a preliminary analysis of 1-800-OUR-VOTE reports by Joseph Lorenzo Hall, a researcher at Princeton University and the University of California, has found...

Actor Tim Robbins, one of a few who've been very outspoken about election integrity concerns, was told he was no longer on the rolls yesterday in NYC, at the polling place where he'd voted for "more than a decade".

A "ruckus" reportedly ensued as Robbins fought to not have to vote on a provisional ballot, and eventually was forced to go see a judge in order to get to cast his vote.

Says Robbins, in the short video below, as he was in the process of getting the needed paperwork to fight to cast his vote in America: "This is what you have to do to vote... I had to go down to see a judge... My name was not on the roll, and I'm not the only one. According to workers, 30 people in 5 hours had been taking off the rolls. You can do the math on that. 6 per hour, per district across America..."

P.S. Note from Brad: Much to get caught up on today --- from the Al Franken mess in MN, questions about the Prop 8 results in CA, about Ted Stevens' Diebold re-election in AK, MO's close race for President and much more --- even as I've got a phalanx of promised media interviews, etc. to get through all day. Remember, most of the problems from Election Day don't begin to reveal themselves until the days following the election. So much catchup to come soon. My thanks for your patience, and for both Jim Cirile and Des' work in keeping this joint up to date-ish as I've been otherwise unable to do much BRAD BLOGGING over the last 24 or so...

UPDATE 12:20pm PT: The Nation's John Nichols notes the "Orwellian twist", given Robbins' appearance on Real Time with Bill Maher just over a week ago, urging people to fight for their right to vote not on a provisional ballot if they found themselves purged from the rolls on Election Day...