Otherwise valid provisional ballots cast at the wrong precincts in Ohio, through no fault of the voters, must be counted, according to a ruling issued by a federal judge on Monday.

The decision, which otherwise seems like common sense, comes in the wake of tens of thousands of provisional ballots going uncounted after the 2008 Presidential election thanks to a provision in Ohio law which discards such ballots, even in the case where a poll worker has improperly instructed a voter to cast his or her ballot in the wrong place.

The ruling is a defeat for Ohio's Republican Sec. of State who, after working towards inclusiveness and voting rights earlier in his tenure, seems to have taken a hard right turn in many of his decisions of late, as the Presidential Election nears.

As we noted last month, an investigative report by the Cincinnati Enquirer's Barry M. Horstman found that some 40,000 provisional ballots cast in the 2008 general election were never tallied, even though many of them were cast in the right polling place, but at the wrong "precinct" table, as precincts have been combined into the same building over the years in the Buckeye State.

A voter might line up to vote at the wrong table/precinct, for example, only to be told they weren't found on that precinct's voter rolls and, rather than be directed by the poll worker to the correct "precinct", instructed to cast a provisional ballot at that table instead. That vote, before Monday's ruling, under existing Ohio law, would go uncounted. Many of those provisional ballots were cast in predominantly Democratic-leaning counties.

The Enquirer warned in their report last month that "tens of thousands of ballots are likely to be disqualified" once again in the key swing-state, during the 2012 Presidential election unless the provision was changed, as recommended by state election officials after the 2008 election.

On Monday, U.S. District Judge Algenon L. Marbley, citing Bush v. Gore of all things, ruled against Ohio Sec. of State Jon Husted (R), whose spokesman responded: "We respectfully disagree with the judge's ruling and will likely appeal."

Marbley found that Husted's belief that such ballots should not be counted "belies a fundamentally misguided view that the state need not protect the right to vote of individuals who, for any number of reasons, are required to cast a provisional ballot"...

I actually feel sorry for Pat Kerby, the Republican delegate to the Republican National Convention from Nevada who attempted to add an amendment calling for paper ballots --- so nobody would have to trust in the "voter machine fairy" --- at the RNC's Platform Committee on Tuesday.

The poor fellow seemed to want the right thing, but by the time other members of the Committee amended the amendment, several times over, the original was completely gutted in favor of electronic computer tallies with no actual way to verify the accuracy of those tallies.

It seems the good-natured Kerby never knew what hit him, as he generously supported each change to his amendment, deferring to others who appeared to know more about voting, like fellow committee member Kansas Sec. of State Kris Kobach (responsible for the state's polling place Photo ID restrictions to help curb non-existent polling place voter fraud in Kansas, as well as serving as the author of Arizona's infamous anti-immigrant "Papers Please" law, most of which was found unconstitutional by the U.S. Supreme Court recently.)

It was a good idea, but Kerby wasn't clear on the exact language he needed to use and that opened up the door for others on the committee --- who have more confidence in unverifiable electronic voting machines than in paper ballots --- to completely gut the original amendment, compared to the one originally introduced during the proceedings.

Kerby's initial amendment read as follows:

While (most) electronic voting systems don't print "paper ballots" in general --- they print so-called "Voter-Verifiable Paper Audit Trails" (VVPATs) which may or may not reflect the actual intent of the voter, may or may not be verified by the voter as accurate, and are not actually counted by anyone, in any case (the internally recorded electronic results are used instead) --- it seems as if Kerby had the right idea, in general. At least as he offered a perfect description of his reasons for wanting to add include the amendment in the party's platform...

The ballots cast in Waukesha County during the June 5th Gubernatorial recall in Wisconsin appear to be safe from destruction at the hands of one of the nation's most notorious election officials.

For now.

In our exclusive exposé earlier today, we detailed the threat made by the infamous Waukesha County Clerk Kathy Nickolaus to "destroy" the county's ballots from the historic recall election between Gov. Scott Walker and Milwaukee Mayor Tom Barrett, as early as noon today, in apparent contravention of state law. The threat to destroy the ballots was made even as they (and the rest of the ballots cast in the election across the state) are still subjects of public records requests by a number of citizen groups attempting to verify the otherwise completely unverified results of the race by examining the ballots by hand for the first time.

Nickolaus had denied the request by the largest group attempting to oversee the results of the election, and informed the requesters (see our previous article for her full responses): "Unless I receive a court order by noon on Monday, August 13, 2012 directing otherwise, I will proceed to retain or destroy the election materials from the June 5, 2012 Recall election according to state statute and GAB guidelines."

Her arbitrary deadline, the citizen auditors charge is in contravention of state public records statutes requiring 60 days after a request has been denied, before action can be taken. The BRAD BLOG has been able to confirm the legal 60 day requirement with several state officials today. Nickolaus' July 17th denial to grant the requesters access to the ballots means that, by law, she is barred from destroying the public records until at least September 15th.

After our story was published this morning, folks in WI seem to have sprung into action, leading the County District Attorney, the Waukesha County Corporation Counsel (who serves as Nickolaus' attorney) and the state's Government Accountability Board (G.A.B.) to respond with confirmation that the ballots in question will not be destroyed at this time, and were, instead, being moved from the Clerk's office, where they have been since the election, to off-site storage as of this afternoon.

"It would not be proper to destroy such materials at this time," County D.A. Brad Schimel confirmed to The BRAD BLOG late this afternoon, noting that "no records would be destroyed today, nor would they be destroyed until at least 60 days after the denial of the public records request"...

[LATE UPDATE:The recall ballots from Waukesha County have been saved from destruction, for now. Full details posted in our follow-up now here...]

One of the most notorious election officials in the nation may be mercifully retiring at the end of this year, but that hasn't stopped her from attempting to block citizens hoping to oversee the accuracy of their own elections in one of the most right-leaning counties in Wisconsin, following one of the most contentious elections of the year and certainly in state history.

Waukesha, WI County Clerk Kathy Nickolaus had, at one time, after the repeated controversies around her failed administration of several elections, promised to step aside and allow her deputy to administer the June 5th recall elections, only to reverse course weeks later. Now, clearly back in the saddle, she has notified an Election Integrity group which has organized hand-counts across the state, that she was preparing to "destroy" the paper ballots cast in the election before they can be hand-counted by the group, unless she receives a court order to do otherwise by noon today.

She had previously informed the group that she was denying them access to examine ballots on the basis that she found their request to be "overly burdensome" on her office. In her response she also added her personal opinion, for some reason, that she does not "believe the public records law should be utilized for the purpose of allowing citizens to conduct hand recounts of an election, especially one in which there was such a large quantity of votes cast."

Among reasons for concerns about the June 5th recall election results are recent failures by similar electronic tabulation systems, same-day Exit Poll results reported by all of the news networks indicating a much closer race in the contest between Gov. Scott Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, as well as discoveries that have been made by the group over the past several weeks during their examination of ballots and poll-tapes in several counties.

So far, according to group's organizer, they have been allowed to examine ballots in 10 other counties across the state, with another 15 counties already scheduled for examination in the coming weeks. In a number of those counties, the group has explained to The BRAD BLOG, hand-counted tallies "have differed, sometimes significantly, from the recorded numbers," tallied on Election Night by the computer tabulation systems.

But Nickolaus, as has been her practice during her controversial tenure, appears to be taking a different tack from many of her fellow County Clerks, by denying access to hand examinations of the ballots and, worse, she is now threatening to destroy them entirely, save for a court order and despite provisions in the state law requiring the retention of those public records for at least 60 days after the denial of the request.

Nickolaus' threat to destroy the paper ballots and other elections records, as sent to the organizers of Hand-Count Votes Now! (HCVN) coalition in a series of emails obtained by The BRAD BLOG, flies in the face of state statutes which apply to public records, according to contentions made in response to Nickolaus by the group and their legal advisers. HCVN has been working for several weeks, as have several other organizations, in their effort to count ballots by hand in each of the Badger State's 72 counties in an unprecedented statewide public records oversight project.

The effort, the groups charge, is necessary, given the lack of verification of Election Night computer tallies on systems which have reported incorrect "winners" in the past, as recently as March of this year, when the nearly-identical systems to those used in Waukesha named a number of losing candidates to be the "winners" in Palm Beach County, FL. In that case, it was only a partial post-election hand-count examination of paper ballots by the local Supervisor of Elections which revealed that the computers had gotten the results entirely wrong, leading to a complete hand-count and the results of several municipal elections being overturned as a result...

Setting aside for a moment whether or not the ballots of Ohio voters were and are counted accurately, a new investigative report by the Cincinnati Enquirer's Barry M. Horstman finds that some 40,000 provisional ballots cast during the Buckeye State's 2008 Presidential election were never even counted at all.

Worse, thousands of them, as the paper details, were disqualified due to no fault of voters...

The report goes on to warn that, unless there are changes made to the state's election laws and procedures --- including the implementation of changes recommended by state election officials after the 2008 contest --- "tens of thousands of ballots are likely to be disqualified" in the key swing-state, once again, during the 2012 Presidential election...

In case you're wondering, it's not just The BRAD BLOG trying to warn folks on the Right, Left and everywhere in between of the pending disasters of our oft-failed, almost always wholly-unverified and quickly disappearing system of once-overseeable, theoretically-democratic system of electoral self-governance.

As Steven Rosenfeld, veteran journalist of the 2004 Ohio mess, writes this week at Alternet in "Not Again! How Our Voting System Is Ripe For Theft and Meltdown in 2012" [emphasis added]:

Rosenfeld covers a lot of ground in his piece, so you should read it in full.

That said, as much ground as he covers, he and the experts he quotes still manage to understate the concerns, while failing to define what, in nearly a decade on this beat we have found, so far, to be the only apparent solution: Hand-marked paper ballots counted publicly, by hand, on Election Night, at the precinct, in front of all parties, observers and video cameras, with decentralized results posted at those precincts, before ballots are allowed to move anywhere.

You have been warned. Again.

Now back to your bickering about off-shore bank accounts and "socialism", or whatever it is you feel your time is better spent on between now and November 6.

[Now UPDATED with audio archives below!]

Mike's off this week, so we're back as guest host for the nationally-syndicated Mike Malloy Show ever night this week, over your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127!

As usual, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• ION SANCHO, Leon County, FL's legendary Supervisor of Elections (the one who was placed in charge of the 2000 Presidential "Recount") on Gov. Rick Scott's latest attempted voter purge, the DoJ challenge against it, new election and registration rules in the Sunshine State and much more that you need to know about in the key swing state before this year's Presidential Election!
• JOHN TOMASIC, journalist for The Colorado Independent on the state's new law which, incredibly, exempts ballots from public records requests, so they are no longer accessible for citizen oversight!
• PLUS! The latest news on a possible recount in the WI recalls, Desi Doyen with the Green News Report and much much more as usual! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: Today's show includes one seriously righteous rant. I thnk i dang near busted a vessel. But, as you'll see if you listen to the commercial-free archives below, I had little choice. You'll probably enjoy it. (Sickos!) Listen to the entire show now below...and I'll see ya here same Brad Time, same Brad Station tomorrow night!...

"Last night," Daily Kos blogger "Wisco Wherls" wrote today, "I felt like an atypically politically-motivated little kid on Christmas Eve waiting to receive the only gift I asked for: a chance to reclaim our Wisconsin from tyranny."

Wisco was so excited about the first day of Early Voting in the Badger State's historic recall elections of Republican Gov. Scott Walker, Lt. Gov. Rebecca Kleefisch and four Republican state Senators, that he (or she?) "ascended the front steps [of the Middleton City Hall] at 7:40 a.m., five minutes earlier than the building was even scheduled to open," in order to be among the first to cast a vote for Tom Barrett for Governor and Mahlon Mitchell for Lieutenant Governor.

Wisconsin voters were supposed to be able to cast early, in-person "absentee ballots" beginning today, according to state law and a memo sent to the state's Municipal Clerks [PDF] last week by the Government Accountability Board (G.A.B.), the state's top election agency. But, alas, Wisco would leave disappointed this morning --- unable to cast what he/she had hoped might even be the first recall vote cast in the entire state --- after being told (inaccurately) that absentee ballots for Early Voting had not yet arrived at the Middleton municipal City Hall.

"I left my phone number and received confirmation that they will supposedly call me as soon as the ballots arrive," Wisco wrote today. "I guess that's what I get for getting my ass out of bed early for once. Nothing like waking up on Christmas morning only to find a lump of fucking coal in your stocking."

The blogger, appropriately enough, described the situation as "unequivocally unacceptable."

But we may have some good news for Wisco Wherls and the rest of Wisconsin's voters. The problem that he/she ran into may have been only an isolated incident, and the result of a miscommunication at the Middleton City Hall, at least according to a statement we received from the G.A.B. late today, after we'd inquired about the reported problem.

Though there remain other concerns with the way Municipal Clerks are handling the delay in the printing and receipt of official absentee ballots, which had not yet arrived at some municipalities around the state in time for the first official day for Early Voting...

Today on KPFK/Pacifica Radio's The BradCast I spoke to Pamela Smith, President of Verified Voting Foundation and Dan McCrea, President of the Florida Voters Foundation about the recent mess in Palm Beach County, FL where the electronic Dominion/Sequoia optical-scanners declared several losing candidates as the "winners" in a March 13th election. It took approval of a court to carry out a hand-count last weekend to determine the real winners of the elections.

So do either Smith or McCrea have confidence that the same problem hasn't already occurred or won't occur again in the 14 states (including many swing states and even Wisconsin) which use identical computer systems to tabulate votes? Do they think enough is enough and it's time to simply hand-count paper ballots, as per "Democracy's Gold Standard"? You'll have to listen to find out.

We were also joined by Margo Paez, just back from Santa Monica College, with her report on the outrageous pepper spraying of students (and one toddler) there last night; Desi Doyen with the latest Green News Report and a remembrance of MLK who was assassinated in Memphis 44 years ago today as we find ourselves still in much the same fight for civil and human rights all of these decades later (hat-tip Tony Sorrentino and Desi Doyen for the really cool, and touching, montage!)...

Download MP3 or listen online below [appx 58 mins]...

P.S. Reminder: We don't post all of The BradCasts here, but you can subscribe to the RSS feed to get all of our weekly shows as soon as they're archived, or you can visit the KPFK archives page for the show anytime.

During yesterday's Wisconsin primary election, a number of paper ballots were sent out in several counties that were reportedly too wide to be tabulated by the computerized optical-scan systems used to tally ballots in the state. The same exact thing happened just two weeks ago during the Illinois primary sending election officials into a panic and causing delays for some voters.

Then, as now, the problem has been chalked up to a paper-cutting error by the printers. Perhaps that's true, perhaps it's not. We'll take them at their word, barring evidence to the contrary. Innocent errors can and do happen.

But whether that's an accurate explanation or not, one way in which the failure was dealt with in both Illinois and Wisconsin continues to be extremely troubling and, frankly, offense: the practice of election workers manually "remaking" the ballots of voters after the election, in ostensible secret, and before they are tabulated...

A public hand-count of paper ballots in Palm Beach County, FL over the weekend has decisively determined the winners and losers of several disputed elections after paper ballot optical-scan computer tallying systems made by Sequoia Voting Systems (now owned by Dominion Voting) declared the incorrect "winners" of several races in a March 13th election.

But a dispute over who is to blame for the initial failure flared up again over the weekend as Dominion issued a statement that seems to contradict their previous admission that their software was to blame.

"The hand-count was 100%. We weren't missing a ballot," the Palm Beach County Supervisor of Elections Susan Bucher told The BRAD BLOG this afternoon about what happened over the weekend. "Frankly, without paper ballots and without audits, we would have let the wrong winners serve."

What will happen next, however --- for Palm Beach County, one of Florida's largest, as well as the other 285 jurisdictions across the country where the very same voting system is currently in use --- is anything but clear...

Even the GOP establishment --- which had long decided that Mitt Romney was their best hope to win back the White House in 2012 among those currently running --- could not overcome the intent of the voters as transparently expressed on publicly hand-counted, hand-marked paper ballots.

At the end of a January 3rd's Caucus Night in Iowa, our headline, written initially when Rick Santorum was momentarily up over Romney by just 4 votes, was "Santorum 'Wins' Iowa, Everyone Else Doesn't". An hour or so after we'd called it a night, the Iowa GOP stepped forward to declare Romney, not Santorum, had actually "won" by a slim 8 votes out of some 122,000 cast.

Finally today, the GOP has been forced to admit that Santorum was indeed the winner. Though our headline three Tuesday's ago was just slightly more accurate than the GOP's declaration for Romney that night. In truth, there was another winner in Iowa: The Voters.

It took just over two weeks for the GOP to admit it, but the party's final reported results from the hand-marked paper ballots cast on January 3rd, hand-counted in front of the public on Election Night (cast by voters who were not turned away for lack of a state-issued Photo ID) are there to tell the tail of who really won the all-important "First-in-the-Nation" Iowa Caucuses. The GOP couldn't have successfully lied about it if they'd wanted to. Oh, they could have tried. In fact, they did as Iowa's GOP chair Matthew Strawn announced just after 1p ET "Congratulations to Governor Mitt Romney, winner of the 2012 Iowa Caucuses." And the corporate media would have gone along with them --- and, in fact, they did, ever since the GOP's attempted lie on Election Night --- but the truth would have always been there for the public to see nonetheless.

Nobody ever had to rest their faith on a single source, like a political party or a candidate or a voting machine company --- though the media was all too happy to do so before moving on to New Hampshire. There was always a transparent, overseeable, system of checks and balances --- just as our Constitution envisions for the nation's governance as a whole --- there to assure that self-governance had a fighting chance to be more than a bumper sticker slogan hauled out when convenient, ignored when not.

Because the Iowa GOP allowed the people to oversee the counting of their own election, right then and there at the caucus sites, before ballots were moved anywhere, it was next to impossible for them to successfully game the system --- just as Edward True had proven two nights after the Jan 3rd Caucuses.

And speaking of Edward True, the Republican Party of Iowa owes this man, this patriot, this Ron Paul supporter a huge apology...

Before we move on to the nightmare of democracy and secret, concealed "trust-me" vote-counting which will comprise the bulk of the "First-in-the-Nation" primary in New Hampshire, I'd like to offer a few final thoughts, for now, and for the record, on last Tuesday's "First-in-the-Nation" GOP Caucuses of Iowa. What happened there ought to remain firmly in all of our memories as we move into what is likely to be a nightmare of democracy and secret, concealed "trust-me" vote-counting across almost the entirety of the nation in this important Presidential Election year.

I had planned to post this article (or one like it) on Friday, when I was suddenly side-tracked by the report from Ron Paul supporter Edward True that he had noticed a mis-reported tally on the Iowa GOP's caucus results website. It was a small mis-report to be sure, but in a race that had previously been "called" for Mitt Romney by just 8 votes out of some 122,000 cast at 1,774 different caucus sites, the 20 vote error noticed by True and called to the attention of the media (and since confirmed by the Appanoose County GOP Chair) could prove to be decisive in the final certified total promised a week or so from now.

The discovery of the error --- a reporting error, apparently, as opposed to a counting error --- and the ability to quickly and independently verify the real tally of that particular precinct through a number of different, independent sources, is a tribute to the way the Republicans allowed their own voters to vote and those votes to be publicly counted.

As we spent some time detailing over the last week or two, the Iowa GOP, in a remarkable display of almost indescribable hypocrisy, allowed their voters to use processes they fight virulently against allowing for almost everybody else, particularly in elections where non-Republicans will be participating. In the Iowa Caucuses, however, where the party, not the state, sets all of their own rules for access, vote-casting and vote-counting, caucus-goers were allowed to register and vote on the same day, without disenfranchising Photo ID restrictions, on hand-marked paper ballots which were immediately and publicly hand-counted at the caucus site with results announced to all before they were called in to the central party headquarters and before the ballots were moved anywhere.

That is largely the essence of Democracy's Gold Standard for elections and it is because of that process that there are so few questions about the overall results today.

It's important to make this point, loudly and clearly, before we get lost in what is to come. It's one that even MSNBC's Rachel Maddow --- whose political analysis, whether you agree with her personal perspective or not, is usually spot-on --- missed by a country mile on Friday night while reporting on this issue. She was broadcasting from New Hampshire on the True incident back in Iowa, and on one other quickly-cleared-up question that came up about the results late night on Tuesday, when she offered an assertion that seemed more cheap-shot at Republicans than supportable assertion. It was far beneath her usually excellent standards of fact-based analysis...

[UPDATED mid-story with screenshots from True's original Facebook postings of his recorded results on caucus night, and UPDATED AGAIN at bottom with the affidavit True has filed, and a few additional details from GOP officials and elsewhere on the current status of results. UPDATED YET AGAIN at bottom after we spoke at length with True late this afternoon and after GOP county chair confirms True's numbers.]

Thanks to the transparent, open counting process at Tuesday's night's Iowa GOP Caucuses, and a Ron Paul supporter who was paying close attention to the results, we may now be learning that Rick Santorum, not Mitt Romney, actually won the "First-in-the-Nation" Iowa Caucuses this week.

According to a report tonight from television station KCCI NewsChannel 8 in Des Moines, Edward True, a supporter of Paul's says he participated in the counting at the Washington Wells caucus in Appanoose County and wrote down the results he witnessed there on a piece of paper which he posted to Facebook that night. Later, in comparing his totals to the precinct results made available on the Iowa GOP website [CSV version here], he noticed that Romney is shown as receiving 22 votes at that precinct, rather than the 2 that True recorded him as receiving that night at the caucus.

If True is correct, and if no other anomalies are discovered in the coming days, it would mean that Santorum will have won the Iowa Caucuses by 12 votes, rather than lost it to Romney by 8, as reported by the GOP in the early morning hours on Wednesday...

I've been busy doing a lot of media and a lot of digging today. So until I can get free to follow up here on some Iowa Caucus issues, here's my latest appearance on The Big Picture with Thom Hartmann, from last night...