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'Green News Report' 9/30/14
  w/ Brad & Desi
Obama creates world's largest marine sanc- tuary; Humans wiped out 1/2 of world wildlife; Also to blame for AUS' hottest year ever; PLUS: Oil co. joins Google to dump ALEC...
Previous GNRs: 9/25/14 - 9/23/14 - Archives...
'BRAD BLOG May Be Sued for Telling the Truth About GOP Operative': Hartmann TV
Brad discusses bizarre threat of legal action by longtime Republican voter registration schemer Nathan Sproul...
BREAKING: 5-4 SCOTUS Ruling Restores GOP Restrictions on Early Voting in OH
Bad news for voters. Good news for Republicans who like to win elections by trying to limit voters' ability to cast their vote...
7th Circuit Deadlock Means WI Photo ID Law Still in Place
Longtime court vacancy likely made difference in 5-5 tie; Scott Walker, GOP rejoice as 'electoral choas' reigns in 'toss up' re-election race; SCOTUS likely next stop for plaintiffs...
Too Much Voting Going On!: GA County Repubs Block Early Sunday Voting
Board of Elections votes against 'partisan' proposal to make voting more convenient, even though County already funded it...
Stewart Explodes Over GOP Climate Science Deniers on House SCIENCE Committee
And who can blame him? As White House Science Advisor forced to 'push a million pounds of idiot up a mountain'...
Federal Court Panel Denies OH Attempt to Avoid Restoration of Early Voting
State Republicans keep trying and trying to make voting harder (for some). Courts keep denying and denying their attempts...
'Green News Report' 9/25/14
  w/ Brad & Desi
Climate Week Special Coverage continues: China will cut emissions; Experts say we're not doing enough; Admin makes econ case for action; PLUS: Corporate titans step up...
Previous GNRs: 9/23/14 - 9/18/14 - Archives...
GOP Values: Beating Wives, Suppressing Votes, Threatening Journalists - KPFK 'BradCast'
Latest on cases of GOP wife-beating judge Fuller; GOP voter operative Sproul; MORE...
Sproul Threatens BRAD BLOG With Legal Action After FL Confirms Our 2012 Reporting
GOP operative linked to years of registration fraud allegations sends bizarre email after yet another arrest of one of his workers...
'Green News Report' 9/23/14
GNR Special Coverage: Climate Week 2014 -- Climate March (largest in history), Wall Street protests (can ya hear us now?), special U.N. Climate Summit...
Report Cites Armed Walker Supporters Plotting to Target Democratic Voters in WI
'We can get our agents to watch polling location, identify the individual, and follow them to their residence'...
Resignation or Impeachment Would Be a Gift for Wife-Beating Judge Mark Fuller
2012 docs suggest domestic abuse of two wives and children by federal judge w/ lifetime appointment...
ACLU Files Emergency Petition to Halt 'Electoral Chaos' in WI
Seeks full 7th Circuit hearing after three-GOP judge ruling reinstates Photo ID law just weeks before election...
'Green News Report' 9/18/14
DiCaprio's UN climate role; Jindal plays dumb; Fracking confirmed (again) to contaminate; Black lung coal disease on rise; PLUS: Polluter front groups newest attack...
Audio of 911 Call from Judge Mark Fuller's Wife as She's Heard Repeatedly Struck
Chris Hayes plays horrifying audio from wife-beating incident by U.S. District Court Judge; ALSO: Calls for accountability from two Alabama U.S. Congresswoman...
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)
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'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...


Debra Bowen States the Obvious...Necessarily...
By Brad Friedman on 10/18/2006 5:30pm PT  

Is this sort of thing actually necessary? Apparently it is.

While the following 10 items seem painfully obvious, apparently these no-brainer items need to be issued as a "Voter Bill of Rights" by CA Secretary of State candidate Debra Bowen, given the mess we currently face (made possible, in no small part, by the hapless, duplicitous current CA SoS Bruce McPherson)...

1. The Right To Register To Vote.
2. The Right To Vote.
3. The Right to Vote In A Tamper-Proof Election.
4. The Right To Vote On Paper.
5. The Right To Have Each Vote Counted Accurately.
6. The Right To Have Election Results Properly Audited.
7. The Right To An Open, Transparent, Public Process.
8. The Right To Elections Officials Who Operate Free of Partisan Influence.
9. The Right To Know that Elected Officials Are Free From the Influence of Campaign Contributions From Voting Machine Vendors.
10. The Right To Find Out How Money Is Being Raised And Spent In The Political Process.

Have we mentioned that Bowen's victory in defeating McPherson is perhaps one the most important elections in the country if we hope to ever see Electoral Integrity in this country again? Sign on to support here...

UPDATE 10:28pm PT: Bowen and McPherson debated today. Video here. Haven't gotten to watch it yet, but McP would never out and out lie would he? Not before an important editorial board, right?

UPDATE 10:33pm PT: Whoops! Just watched the first five minutes and he already did! Go figure...I suspect there are many more to come.

UPDATE 10/18/06 4:37pm PT: Holy cow! Lies o' plenty! And more! Full coverage of the debate now here...

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Disabled-Accessible Paper Ballot Device Torpedoed as State Changes Testing Procedures, Refuses to Certify System
Company Files Suit with California Victim Compensation and Government Claims Board
By John Gideon on 10/18/2006 9:32am PT  

Guest Blogged by John Gideon

In August Vote-PAD learned that the California Secretary of State had decided to deny them certification that would allow Vote-PAD's voting assistive devices to be used in the state of California. They did this even though some counties had already contracted for Vote-PAD or were in the purchase process and even though Vote-PAD showed clear and convincing evidence that the testing process was biased. This denial by Bruce McPherson and his underlings led to the now famous "Off With Their Heads" blog here at The BRAD BLOG.

On Monday Vote-PAD issued a press release to inform the public that they had filed a formal complaint with the California Victim Compensation and Government Claims Board. According to the press release, Vote-PAD "asserts that the Secretary of State violated a number of State and Federal protections during the Vote-PAD certification process: 'a violation of the due process and equal protection clauses of the Constitutions of both the United States and the State of California, a breach of contract, a violation of the California Administrative Procedures Act, a violation of the Election Code provisions governing voting system certification and an abuse of discretion in the Secretary's authority to certify voting systems.'"

The full press release follows...

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

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Internal Memo from SoS Office to County Election Officials Informs That Any CA Voter is Entitled to Choose Paper over Plastic!
Apparent Response by Republican State Officials to Our National Call for Emergency Paper Ballots Causes Concern for Some...
By Brad Friedman on 10/16/2006 6:35am PT  

Every California voter who wishes to vote on a paper ballot in this year's general election may do so, The BRAD BLOG has learned, according to an October 3rd, 2006 memo issued by the California Secretary of State's office!

The terse, single-page internal memo, sent to "All County Clerks/Registrars of Voters/Vendors" on CA SoS stationery (download complete memo here [PDF]) instructs elections officials across the state that they should "have an adequate supply of paper ballots" if electronic voting machines should break down or "if a voter chooses not to vote on electronic equipment."

Written by CA's Asst. SoS, Susan Lapsley, the memo was issued in apparent response to our recent call for Congress to introduce and pass immediate "Emergency Paper Ballot" legislation. While bills were subsequently introduced in both the House and Senate, neither chamber succeeded in voting on the legislation before adjourning for the election recess. Eagle-eyed BRAD BLOG readers may remember Lapsley as the one behind the Busby/Bilbray fax to Congress, declaring the Republican Bilbray the winner of the recent CA50 U.S. House Special Election to replace "Duke" Cunningham weeks before it was certified, while thousands of votes remained to be counted --- and well after we had already exposed that the tainted election included voting machine "sleepovers" with poll workers in the days and weeks prior, in contravention of both state and federal law.

Lapsley's memo was written just after Congress adjourned and prior to the letter [PDF] we sent last week, along with more than 50 other Election Integrity organizations and leaders, to all 50 Secretaries of State and Governors calling on them to institute immediate plans and procedures for Emergency Paper Ballots.

The good news here, as we see it, is that all California voters across what Diebold refers to as "the country's largest voting market" may now demand paper ballots when they go to the polling place this year. This will be crucial in counties such as San Diego and San Joaquin, where the Registrars of Voters have chosen to side with the voting machine companies instead of the voters by supplying only hackable touch-screen Diebold voting machines for their citizens this year.

In enormous Los Angeles County, which includes some 8 million voters, such dangerously unreliable touch-screen systems are used only for early voting. It seems clear, however, from Lapsley's memo, that even early voters in LA County may now choose to vote on paper ballots instead!

From the CA SoS' memo...

[A]ll county elections officials shall have an adequate supply of paper ballots, as determined by the elections official, available at the voting locations for use in the event of a temporary loss of the ability to use electronic equipment, or if a voter chooses not to vote on electronic equipment.

This back-up supply can be absentee ballots or other option as determined to be reasonable by the elections official. If absentee ballots are used at the polls the voter need NOT apply for an absentee ballot in order to be able to use it to vote at the polls. You may also use paper provisional ballots to satisfy voters wishing to vote on paper in the event that DRE counties do not have a sufficient supply of absentee ballots to satisy the needs of the precinct voters. In such instances, the ballots of verified eligible voters who wish to vote on paper and are provided a provisional ballot to do so should not be treated as a provisional ballot cast but, rather, as a regular ballot.

Seems clear enough to us. And, we believe, it's very good news for the voters of California in general.

With that in mind, however, some Election Integrity Advocates have expressed concern about the vagaries and other dangers of the Lapsley memo, including the Democratic Secretary of State candidate Debra Bowen and election attorney Paul Lehto, both of whom we have immense respect for...

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

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Challenge to Unconstitutional and Premature Swearing-In of Republican Brian Bilbray Continues...
By Emily Levy on 10/6/2006 10:30am PT  

Francine Busby and Brian Bilbray will meet again in November's election for the 50th Congressional District in San Diego County, California. Because Bilbray was declared the winner of the Special Election on June 6, he will be running as an incumbent this time. However, there has not yet been a trustworthy count of the votes that reportedly brought him into Congress after the initial disputed election. The court case challenging his victory has yet to be resolved.

San Diego voters Barbara Gail Jacobsen and Lillian Ritt filed an election contest challenging Bilbray's reported victory based on a number of factors including the now-infamous Diebold electronic voting machine sleepovers. Judge Yuri Hofmann dismissed that suit after intervention by Republican Congressional leaders claiming that once Bilbray was sworn in, California courts had no jurisdiction to rule on California's election, even though swearing in took place before the election was certified in California. That dismissal is now being appealed by California attorney Ken Simpkins and election attorney Paul Lehto on behalf of Jacobsen and Ritt.

According to Simpkins, this "was a unique situation because they actually swore Bilbray in before we got certification of this election, before all the votes were counted. Congress is basically saying we're going to swear in whoever we want to swear in, it doesn't matter if the election has been completed or not. That's another treading on the state's constitutional right to determine the time, place and manner of elections," he said.

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

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By Brad Friedman on 10/4/2006 6:56pm PT  

More VoterAction.org lawsuits and complaints are now being filed to stop the use and/or purchase of electronic voting systems around the country. On Wednesday, two more. One in California, another in Wisconsin.

In Alameda County, CA a suit was filed to stop of the use of Sequoia Voting Systems touch-screen DRE's, alleging the county "has not performed independent, expert security vulnerability testing on its new Sequoia voting equipment. The group claims such testing was a prerequisite stipulated by county supervisors before the county would issue payment for the system." ...

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

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'It's the Help America Vote Act, not the Help Diebold Profit Act,' Says Dem Nominee
State Senator Debra Bowen, Staunch Election Transparency Proponent, Issues Strong Statement on Congressional Initatives!
By Brad Friedman on 9/28/2006 8:30am PT  

The Democratic nominee for Secretary of State in California issued a powerful statement in support of recent legislation filed by several Senators and Representatives in both the U.S. House and Senate calling for Emergency Paper Ballots at the polling place this November.

The 11th hour Congressional bills, filed on Tuesday and Wednesday, just days before both chambers adjourn for the Election Recess, will offer voters the right to vote on paper ballots this year and see those costs reimbursed by the Federal Government. The legislation, if passed, is estimated to cost approximately $10 million. It would amend the disastrous 2002 Help America Vote Act (HAVA) which has mandated some $3 billion to encourage States and Counties to "upgrade" to electronic voting systems.

Monumental failures in those systems, during primary elections across the country over the last several months, have sent thousands of voters away from the polls without being able to cast any vote at all. The situation could be far worse during the general election when voter turnout will be a great deal higher than it's been so far in the mid-year primaries.

"Remember, it's the 'Help America Vote Act,' not the 'Help Diebold Profit Act,'" said Bowen, in a stinging comment referring to one of America's largest manufacturers of inaccurate, untested, hackable elecronic voting machines. "It's why this low-tech option makes so much sense, especially in light of all of the problems electronic voting machines have had in primary elections this year, not just in California, but also in Texas, Illinois, and most recently Maryland."

The BRAD BLOG originally proposed the idea for Emergency Paper Ballots early last week. The low-tech, high common-sense notion has gained considerable steam since its inception on these pages. It has now been officially introduced as legislation in Congress by Senators Boxer, Dodd, Feingold and Kerry in the Senate, and by Representative Rush Holt and several co-sponsors in the U.S. House.

Bowen's Republican opponent, Sec. of State Bruce McPherson was appointed by Gov. Arnold Schwarzenegger and has come under considerable fire for re-certifying Diebold systems in the state in light of severe warnings from his own team of scientific advisors about more than a dozen "serious vulnerabilities" in those particular voting systems.

An investigate report from BlackBoxVoting.org [PDF], a non-partisan E-voting watchdog organization, found that representative of Diebold's had actually drafted official documents on behalf of the California Secretary of State's office!

That same rep, Rob Pelletier, had previously been presenting disinformation in comments here at The BRAD BLOG under the name of "Wally O'Diebold" until he was found out.

Diebold voting systems were decertified in California by McPherson's predecessor, just prior to the 2004 election, when it was discovered the company had been installing uncertified software and systems in several counties across the state. They settled a qui tam (fraud) lawsuit with the state for $2.8 million later that year.

Though the legislation in the Congress so far has been sponsored by Democrats, the problem is a decidedly non-partisan issue. Maryland's Republican Governor Robert Ehrlich recently called for paper ballots to be used in his state this November after failures across the state disenfranchised thousands of voters during their September 12th primary. Maryland, along with Georgia, was Diebold's "showcase" state having installed their paperless electronic touch-screen systems as early as 2002 with the cooperation and ardent support of the Democratic MD Elections Director, Linda Lamone.

Citing the irony of the public outcry for a return to countable paper balloting, the failure of the U.S. Congress to take action on growing concerns, and the plunging confidence rate in electronic voting amongst the American electorate, Bowen said in her statement, "It's about time Congress provides counties with the incentive to allow their voters to cast a paper ballot at the polls on Election Day, a step that will help begin to restore voter confidence in the elections process and the results."

Bowen, in her capacity as chair of the CA State Senate Elections Commission, held hearings in Kern County, California after the state's marred June 6th primary, when voting systems failed to start up --- or sometimes even show up at the polls at all --- until hours after voting was supposed to have begun. The Kern County Registrar of Voters had, incredibly, given instructions that "back-up paper ballots were not to be used" on Election Day according to the State Senators statement.

"Kern County is the reason why I wish counties were required to provide this option to voters," Bowen remarked.

Citizens are asked to call upon Congress to pass the Emergency Paper Ballot legislation immediately. You may easily contact your Senators here, and your House Members here.

Debra Bowen's complete statement on Emergency Paper Ballots follows in full...

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

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San Mateo Co. California's Warren Slocum Makes The Right Decision For The Right Reason
By John Gideon on 9/22/2006 9:28am PT  

Guest Blogged by John Gideon

While we don't shy away from talking about the corrupt, the wrong thinking, the un-caring elections officials in our country we don't often get a chance to recognize those who actually do a good job and show that they really do care. I would guess that 90% of the elections officials fall into the category of the caring but it is that 10% who get talked about. I want to change that a bit and talk about one who has made a good decision.

Warren Slocum is the Chief Elections Director of San Mateo County, California. The county has recently decided that they will use Hart Intercivic eSlate Direct Recording Electronic (DRE) voting machines at the polls from now on. That's not a good decision because the eSlates are just as bad as the rest, but it was a decision made and we have to move on.

It has just been reported in the San Mateo Daily Journal that Slocum has decided that there is not enough time for him to be assured that his voters and poll workers can become acclimated to the new voting machines by the general election in November. The polls were supposed to have three to six of the eSlates but now voters will find only one eSlate and paper ballots. Slocum is giving up quick results reporting for integrity and we applaud that.

If only Cuyahoga County, Ohio elections officials had decided on integrity instead of rushing out voting machines that were unfamiliar. If only Maryland elections officials had decided on integrity instead of rushing out an unproven and ripe for failure e-poll book device. And the same "If only..." can be echoed all over the country this primary season.

Thank you Warren Slocum for having integrity and for putting your voters and poll workers first.

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Princeton Professor Says Key To Gain Entry To Memory Card Is Standard Key Found Anywhere
By John Gideon on 9/18/2006 9:14am PT  

Guest Blogged by John Gideon

The UK's SC News reported today that Princeton's Professor Felten discovered that the key to gain entry to the memory card slot on the Diebold AccuVote TS is the same key that you may have to open your desk drawer, filing cabinet or even a hotel mini-bar [emphasis added]:

"The access panel door on a Diebold AccuVote-TS voting machine - the door that protects the memory card that stores the votes and is the main barrier to the injection of a virus - can be opened with a standard key that is widely available on the internet," Ed Felten, professor of computer science and public affairs at Princeton University, said today on his "Freedom to Tinker" blog.

Felten said he became aware of the problem when, after performing a demonstration concerning the security flaws of Diebold machines, Princeton staff member Chris Tengi noticed the key that came with the voting machine was the same one he had at home.

"This seemed like a freakish coincidence - until we learned how common these keys are," Felten said. "Chris' key was left over from a previous job, maybe 15 years ago. He said the key opened either a file cabinet or the access panel on an old VAX computer. A little research revealed that the exact same key is used widely in office furniture, electronic equipment, jukeboxes and hotel mini-bars. It's a standard part, and like most standard parts, it's easily purchased on the internet."

Avi Rubin, Johns-Hopkins University Professor and computer scientist, points out in his blog this morning:

"This example serves to illustrate to even non-technical people the public relations tactics of the vendor and its supporters. Was it really too difficult for them to design a more secure key? Who do they think they are fooling when they say that someone would have to pick the lock to access the memory cards?"

So we now have a key that can be obtained from nearly anywhere and a "secret" password [1111] that everyone knows, and Diebold's David Bear says if proper access controls are maintained at the polling place there should be no problems. Perhaps Bear is talking about someone looking over the voter's shoulder to ensure they don't spend two minutes hacking into the machine?

All of this comes on the heels of the report from Princeton University, thanks to The BRAD BLOG, that was first reported here.

As well, it comes on the heels of the challenge to the Busby/Bilbray special U.S. House election in June in San Diego when these Diebold voting machines were sent home overnight --- in violation of both state and federal law --- for "sleepovers" with poll workers for days and weeks prior to the election. Here's a video that we missed at the time: Poll workers, on May 30th, taking home their pre-programmed, election-ready Diebold voting machines to store in their houses and cars 7 days prior to the June 6th election!

Any of them could easily have opened the "secure" systems with a mini-bar key, or, as the Princeton folks demonstrated on FOX "News" last week, they could have picked the lock themselves in 10 seconds. Of course, as we now know, it would have taken them less than a minute thereafter to insert a vote-flipping virus on the machines which could then affect every other machine used in the race.

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Election Nullification Rejected! As Plaintiffs Seek to Prevent National Use of the 'Constitution as a Weapon'!
Jurisdictional Issue, Previously Used to Dismiss Case, to be Challenged on Appeal!
By Emily Levy on 9/8/2006 10:50am PT  

Guest blogged by Emily Levy

The BRAD BLOG has learned that the plaintiffs in the Busby/Bilbray CA-50 election contest will be appealing the recent dismissal of the case by a San Diego judge. The appeal will be filed in California's 4th District court. Briefs are now being prepared and funds being collected for what may be a rather expensive appeal. Notice of appeal may be filed as soon as today.

Donations to the appeal can be made via Velvet Revolution.

The appeal is a rejection of Judge Yuri Hofmann’s August 29 ruling which echoed GOP claims that the U.S. House of Representatives, not the state courts or voters, have the power to determine the outcome of elections of members of Congress. In California’s 50th Congressional district in San Diego County, Republican candidate Brian Bilbray was announced to be the winner of the June 6 special election, flown to Washington and sworn in before all the votes were counted or the election certified. That, after reports were initially broken, and well circulated by The BRAD BLOG revealing that the Diebold voting machines used in the elelection were sent home with poll workers for overnight "sleepovers" in the days and weeks preceding the "bellwether" U.S. House special election.

Those sleepovers, in which election works had unsupervised access to the highly hackable, programmed, election-ready voting systems, were in contravention of both state and federal laws and led to a filing of an election contest in early July.

Says attorney Paul Lehto, who argued the plaintiffs' case in Hofmann’s court...

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

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Miriam Raftery has the skinny
By Winter Patriot on 9/6/2006 12:46pm PT  

Guest blogged by Winter Patriot

Miriam Raftery:
Court rules against voter-supervised elections, attorney tells RawCourt rules against voter-supervised elections, attorney tells Raw

Run right over there and read it!

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Says Once and Current Candidate: 'Looking at it from hindsight, perhaps we should have gotten more involved'
UPATED! Transcript and Audio now available!
By Winter Patriot on 8/31/2006 4:49pm PT  

Guest blogged by Winter Patriot

Word just in! Francine Busby will be on the radio with Peter B. Collins beginning at 8:15pm Eastern time. That's 7:15 Central, 6:15 Mountain and 5:15 Pacific, of course.

If you're in (or near) Monterey, Sacramento, Eureka or Phoenix, you can listen via broadcast radio.Otherwise your only option is a streaming webcast.

Either way, click here for more details.

UPDATE: A recording of Francine Busby's interview with Peter B. Collins is now available. Click here to download it (MP3).

We now have a transcript, courtesy of Emily Levy. That's below the fold.

We're also trying to get the audio for Busby's appearance on The Stacy Taylor Show on KLSD this morning, too. Will post it when/if we get it.

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

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Strong Statement, in Wake of Lawsuit Tossed on 'Jurisdictional Grounds', a First Since Illegally Adminstered June 6th U.S. House Special Election!
'North County Times' Provides Decent Coverage of Debacle...
By Brad Friedman on 8/30/2006 7:30am PT  

Blogged by Brad from the road...

"It's outrageous," says Francine Busby, "that this judge just said the state of California doesn't have jurisdiction over our own elections, over this election."

Busby's remarks, in a report today by William Finn Bennett in the North County Times, were a suprising departure from her previously guarded stance concerning the challenge of the June 6th U.S. House Special Election between herself and Brian Bilbray.

"What happened today should be of concern to all voters," Busby reportedly said.

Bennett's coverage of yesterday's debacle in the San Diego County courtroom where Judge Yuri Hoffman dismissed the election contest in support of the defendants' arguments that the U.S. House, not the voters or courts of California, have jurisdication to adjudicate election challenges after the House has already seated a member, is quite good. Indeed, it was a refreshing departure from previous sloppy, sometimes wholly inaccurate and occassionally entirely partisan North County Times reports and commentary on the case (see this embarrasing commentary from Jim Trageser for the most egregious.)

Bennett's report today, on the other hand, quite fairly describes the court's atrocious decision which we reported on in detail yesterday. Here's a sample from his coverage...

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

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Finds Rushed Swearing in of Presumed Winner Bilbray by U.S. House --- Just 7 Days After Election and 16 Days Before Certification --- Transferred Power to Decide Election Outcome to Congress
California Voters, Courts Left Powerless to Challenge Illegally Administered Election According to Ruling
By Emily Levy on 8/29/2006 4:37pm PT  

A judge in the San Diego challenge to the Francine Busby/Brian Bilbray U.S. House Special Election in California's 50th Congressional District has found in favor of the defendants' motion to dismiss the case based on jurisdictional grounds, The BRAD BLOG has learned.

We have covered the defendants' argument, that the swearing in of Bilbray --- just seven days after the election and a full 16 days prior to certification by San Diego County --- effectively transferred power to decide any election challenges from the California courts to the U.S. House of Representatives. Those arguments are discussed in detail in several previous BRAD BLOG articles (here, here, here and here.)

The defendants' attempts to force plaintiffs to cover the cost of attorneys fees (a so-called "SLAPP back" motion) was denied by Judge Yuri Hofmann based on the same jurisdicational arguments used to dismiss the case, according to the plaintiffs' attorney, Paul Lehto. Since the California court has no jurisdication to adjudicate an election contest for a California U.S. House election, according to the court's opinion, it also has no jurisidiction to find against plaintiffs in the "SLAPP back" motion, explained Lehto.

VelvetRevolution.us is now collecting donations to help defray the cost of an appeal of this ruling.

Extended EXCLUSIVE comments on the judge's ruling today, from attorney Paul Lehto are below, followed by Hofmann's ruling in its entirety...

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

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But in the meantime, we have a transcript of Friday's oral arguments --- just for you!
By Winter Patriot on 8/29/2006 11:05am PT  

Guest blogged by Winter Patriot

Judge Yuri Hofmann of the California Superior Court is expected to rule this afternoon on the arguments presented Friday.

The plaintiffs in the CA50 Election Contest are asking for a manual count of ballots from the June 6th House special election, which was held to replace former Republican Congressman Randy "Duke" Cunningham, who resigned after being unable to contain the fallout from a major bribery scandal.

The defendants are arguing that California no longer has any jurisdiction over the election since the Republican U.S. House went ahead and swore in Brian Bilbray just 7 days after the election, with thousands of votes still uncounted, and certification still several weeks away...

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

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Did Congress Ask California for Permission to Nullify a California Election???
Are You Dizzy Yet?...There's More! Effort to Recall Dennis Hastert Begins!
By Emily Levy on 8/28/2006 7:57pm PT  

Guest blogged by Emily Levy

You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Collins points us to the Congressional Digest...

Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California.

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

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