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'Green News Report' 4/24/14
  w/ Brad & Desi
NatGas explosion in WY; Cowboys & Indians against Keystone XL; Landmark fracking judgment; Oil biz unprepared for Arctic spills; PLUS: BP Gulf disaster, four years later...
Previous GNRs: 4/22/14 - 4/17/14 - Archives...
No, Mr. Issa. The IRS Wasn't 'Targeting Conservatives'.
New documents reveal what BRAD BLOG reported long ago: Progressive groups were singled out by IRS, and even more than Rightwing groups. Both properly so!
California 'Democracy'; USA Torture: KPFK 'BradCast'
Guests: CA Green Party SoS candidate David Curtis, fresh off being excluded from the Sacramento Press Club debate; Journalist Jason Leopold, fresh off his interview with CIA torture program architect James Mitchell...
Daily Show Must-Watch: 'The Broads Must Be Crazy'
Cuz you know how these gals are! Jon Stewart takes on the media-enforced double-standard faced by female politicians. (Worth watching just for the crying clips!)...
'Green News Report' 4/22/14
  w/ Brad & Desi
It's our 500th episode! Coincidentally, it's also Earth Day! So, we look both back and forward at climate coverage & the GNR in a very special Green News Report!...
Previous GNRs: 4/17/14 - 4/15/14 - Archives...
CA Green Party SoS Candidate Excluded from Sacramento Press Club Debate
Despite a recent poll showing he leads two candidates who were invited, David Curtis gets snubbed by press group, and he's not happy...
'In Your Heart, You Know He's Right'
Barry Goldwater, the GOP's most conservative Presidential nominee ever, was a leftist, tree-hugging, Big Govt environmentalist whacko hell-bent on destroying the economy...
More Good 'Obamacare' News for Terrified Dems
Will Democrats continue to run scared, or will they embrace the unrelenting string of encouraging Affordable Care Act successes as we head into the 2014 mid-terms?...
'Green News Report' 4/17/14
  w/ Brad & Desi
One year since West, TX disaster; New 'habitable' planet!; Air pollution in poor areas; Record warm March; PLUS: 'Bombshell' study: CA drought caused by global warming...
Previous GNRs: 4/15/14 - 4/10/14 - Archives...
The Climate Is Invading the Earth!
If only the climate was a person that could be defeated with guns -- the world might finally take the threat we face with the seriousness it deserves....
'Green News Report' 4/15/14
GNR Special Coverage: The UN Inter- governmental Panel on Climate Change Report on Mitigation: costs, risks, and opportunities. Is it too late avoid climate catastrophe?...
'Conservative' RW 'Legal' Blogger Defends Freeloading Nevada Rancher
PowerLine's hyper-partisan Hinderaker admits Cliven Bundy 'doesn't have a [legal] leg to stand on', but digs deep to find any reason to defend the scofflaw anyway...
Sunday News Shows Fail to Mention U.S. Senate CIA Torture & Detention Report
Despite U.S. and international crimes outlined in the findings, based on first-hand CIA docs, not a single Sunday show even brought it up...
NSA Knew About, Exploited Internet Open Source Bug for Years
What part of "national security' does the National Security Agency not understand?!...
Destroying America: 'Obamacare' Kills Another Business
Free medical clinic in rural Arkansas to close doors after health insurance reform law leads to lack of customers...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


By Brad Friedman on 8/18/2011 5:57pm PT  

The Jones County, Mississippi, slogan is "A Great Place to Live." While this may or may not be true, and I've never been there, it's clearly not a great place to vote. At least if voting in a way that is verifiably accurate for the citizenry is something one might care about. A remarkable statement by the county's Circuit Clerk, and a unanimous decision in support of it by the County's Board of Supervisors this week, has made that as clear as can be.

You may recall that just last week, e-voting system failures --- such as e-voting machines that wouldn't start up at all and votes that were counted twice --- led to chaos and uncertain results in Mississippi's state primaries, leading one official to declare days afterward, as they were all struggling to sort out results of several close elections: "At this point there is no election...Everyone is baffled."

Against that backdrop then, behold what Jones County, MS, Circuit Clerk Bart Gavin is now calling for --- and receiving unanimous approval from the Jones County Board of Supervisors for(!) --- as irresponsibly reported without even a hint of fact-checking by Laurel Leader-Call reporter Charlotte Graham under the laughably misleading headline, "Improving the voting process" [emphasis added]...

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

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Primary election results hang in balance...
By Brad Friedman on 8/4/2011 3:46pm PT  

On Tuesday, we highlighted some of the many failures of e-voting systems in the Jackson, Mississippi (Hinds County), metropolitan area during their statewide primary election that day. Apparently enough systems failed, touch-screen systems that simply malfunctioned and refused to allow votes to be cast, names missing from electronic "ballots," etc., that the Clarion-Ledger quoted a senior Democratic party official yesterday offering this remarkable statement:

“What the public needs to know is that there is no election at this point,” said Claude McInnis, vice chairman of the Hinds County Democratic Executive Committee. “All we have is numbers from precincts. Until the committee verifies the election, we don’t have one.”

What? Verify an election before announcing results?! Candidates refusing to concede before that's done?! And how exactly will they be able to "verify" those numbers from 100% unverifiable electronic voting systems? My goodness. It's anarchy in Mississippi!...

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

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As the count nears its end, more irregularities emerge, including mis-dated poll tapes, unprinted 'paper trails,' duct taped bags and the state's unwavering faith in the machine...
By Brad Friedman on 5/20/2011 6:53am PT  

For weeks, we've been reporting on the mess seen in the statewide "recount" of Wisconsin's very close and very contentious April 5th Supreme Court election between Republican incumbent Justice David Prosser and his challenger, Asst. Attorney General JoAnne Kloppenburg.

As The BRAD BLOG obtained evidence of new irregularities this week --- to add to previously reported revelations of, among other irregularities, ballot bags discovered "wide open" with mismatched or missing serial numbers as well as ballots discovered completely unsecured, all in violation of the secure chain of custody, and other similar messes and mistallies across the state --- we wanted to find out if the state's chief election agency, the Government Accountability Board (G.A.B.), was able to confirm that the ballots counted during the "recount" were actually the ones cast on Election Day. And, if so, how they could confirm that.

To date, with about 25,000 "recounted" votes still to be canvassed from the now infamous Waukesha County, some 2,690 votes have been discovered during the "recount" to have been originally mistallied. That's according to the G.A.B.'s own figures, and includes hundreds of thousands of ballots which were simply re-tallied rather than counted by hand during the "recount," on the same computers which tallied them --- either correctly or incorrectly --- on Election Night.

31 out of the state's 72 counties counted some or most of their ballots by hand for the first time during the "recount" (including several of the largest counties). But, given the fact that supposedly "secured" ballot bags were discovered during the "recount" to have been "wide open" and not secured at all, with little or no explanation from officials, after being accessible for weeks by the same untrustworthy and partisan election officials, such as Waukesha's County's activist GOP County Clerk Kathy Nickolaus, who screwed up the tabulation in the first place, how is it that anybody knows if the ballots finally counted by human beings are actually genuine?

We've been trying, with no small amount of frustration, to get a definitive answer from the G.A.B. on that question for the past week, as well as from the campaigns of both candidates in the race.

The G.A.B. generally agrees with the campaign of the election's current leader, incumbent Justice David Prosser, that broken security seals, opened ballot bags --- even some that are torn open and taped back shut with duct tape, as seen in Waukesha County this week (photos below) --- and other violations of chain of custody are of little concern. So long as the newly tabulated results largely match the results printed on the poll tapes by the computer tabulators at the end of Election Night on April 5th, that is, essentially, close enough for government work.

The G.A.B. and the Prosser campaign, as we confirmed with each directly, and as the G.A.B. indicated on a recent post to their website published in the wake of the specific questions we've been asking them --- are placing their faith largely in the accuracy of the state's oft-failed, easily-manipulated, privately-manufactured electronic voting systems made by companies like Diebold, ES&S, and Sequoia. They are also placing faith in their election official colleagues around the state.

All of which begs the question: What's the point of having a "recount," or of using security procedures and physical seals for the ballots after the election, if violations of those procedures and seals are of little concern to the state's top election agency?

Worse, if the results printed on the poll tapes are the ultimate proof of the accuracy of results, what happens when --- as discovered among poll tapes from the City of Pewaukee in Waukesha County late last week --- the "recount" uncovers "Official Results Report" poll tapes dated a full seven days before the actual election was held?

Or, worse still, what happens when poll tapes failed to print at all on Election Day, as has been seen in a number of towns across the state?...

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

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Computer results of paper ballots remain unverified by humans...
By Brad Friedman on 4/15/2011 2:27pm PT  

Milwaukee County has finally turned in their official canvass [XLS] of last week's Supreme Court election in Wisconsin, giving the almost entirely unverified results of the largely paper-ballot election to Justice David Prosser over Asst. Attorney General JoAnne Kloppenburg by 7,316 votes, according to the Wisconsin State Journal:

A conservative justice has weathered attempts to link him to Wisconsin's governor and a divisive union rights law and won re-election, according to county vote totals finalized Friday.

Tallies from each of the state's 72 counties show Justice David Prosser defeated challenger JoAnne Kloppenburg by 7,316 votes. State election officials said they will wait to declare an official winner until the deadline for Kloppenburg to seek a recount passes. She has until Wednesday to call for one.

If Kloppenburg decides to opt for a "recount" the costs would be paid for by the state, since the canvassed results have her trailing by less than 0.5% statewide. Prosser's margin of victory, according to the currently reported numbers, should they become official, would be just 0.488%.

The official canvassing process in Milwaukee (and, indeed, the bulk of Wisconsin), is little more than a reconciliation of the number of voters who signed into poll books, plus the number of voters who registered at the polls on Election Day, plus any absentee ballots not scanned at the polling place (as in Milwaukee, where absentees are now scanned centrally, instead of at the polling place) plus a few provisional ballots later verified and counted, as matched against the number of votes reportedly cast, according to results tapes printed out by optical-scan computers such as those made by Diebold, ES&S, Sequoia and Populex.

Actual results reported by those computers are not verified by human beings as being accurate during the canvass process. Only the number of ballots cast is reconciled, not the actual votes for each candidate, in general. That, despite the fact that hand-marked paper ballots exist --- and could be counted for accuracy --- for the vast majority of the votes cast across the state on April 5th...

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

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As originally aired on the 4/8/11 'Mike Malloy Show'...
By Brad Friedman on 4/11/2011 9:05am PT  

As several folks have requested, here is my "Special Comment" on "Democracy's Gold Standard" in the wake of Wisconsin's Supreme Election Debacle from my final night of the week guest hosting the Mike Malloy Show last Friday night. It's presented here in quick and dirty video form in hopes that it'll get a few more eyes and ears than just the audio would by itself...

Please see this article for more on "Democracy's Gold Standard." And here is Nancy Tobi's book: Hands-On Elections: An Informational Handbook for Running Real Elections, Using Real Paper Ballots, Counted by Real People.

A text transcript of the "Special Comment" follows below...

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

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'Proxy battle' judicial contest likely to see hand-count, which may - or may not - settle razor-thin race
UPDATE: Kloppenburg declares victory...
By Ernest A. Canning on 4/6/2011 1:21pm PT  

Guest blogged by Ernest A. Canning
• UPDATED 2:59pm PT with additional reporting from Brad Friedman

With 100% of the precincts now reporting unofficial results, Assistant Attorney General JoAnne Kloppenburg leads Justice David Prosser by a remarkably thin 204 votes out of some 1.5 million ballots cast in the Wisconsin Supreme Court race --- according to the computers that count votes in the state.

The unofficial numbers at this hour, according to AP's spreadsheet of those computer results, give Kloppenburg 740,090 votes to Prosser's 739,886.

Despite Kloppenburg's tiny reported lead, the race is virtual dead heat in what might otherwise be a little-noticed state Supreme Court election. The race, however, has been turned into a proxy battle between supporters of the state's controversial new Republican Gov. Scott Walker (who Prosser has allied himself with) and union workers and their supporters who oppose Walker and the state GOP's attempt to legislate away the freedom of citizens to collectively bargain through public worker unions. Outside groups, according to NYU's Brennan Center for Justice, are said to have spent a record $3.5 million on so-called "issue ads" to support their favored candidate in the closing days of the election.

For proponents of Election Integrity, there is both good news and bad in the Badger State. The good news: most of the state's voters used verifiable hand-marked paper ballots to record their votes yesterday. The bad news: Those ballots are counted by easily-manipulated, oft-failed computers instead of human beings; 100% unverifiable Direct Recording Electronic (DRE, usually touch-screen) voting machines are used by some voters with disabilities across the state; and, given close results, even if a hand-count of paper ballots occurs, as is likely, the number of votes cast on unverifiable DREs could end up being larger than the final margin between the two candidates --- meaning that it will be, literally, impossible to know for certain who actually won the election...

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

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By Brad Friedman on 3/31/2011 3:55pm PT  

Tony Pierce, filling in for Andrew Malcolm (columnist and Laura Bush's former press secretary) at Los Angeles Times' "Top of the Ticket" blog picks up (with attribution, gracias) on our scoop earlier this week about the 100% unverifiable, yet highly hackable Diebold touch-screen e-voting machines out of Van Wert County, Ohio, now for sale, on the cheap, at eBay...

100+ Diebold voting machines, known for how easily they can be hacked, available now on EBay

You really can get anything on EBay, even electronic voting machines proved to be easy to corrupt for purposes of voting fraud.

Brad Friedman of the Brad Blog first noticed that "more than 10" AccuVote-TS voting machines, built by Diebold, were being sold on the online auction site for the buy-it-now price of $1,200 (plus $50 shipping and handling).

The machines are used and don't come with user's manuals, power supplies, batteries or memory cards, which may explain their discounted price. However, for those who wish to rig elections, machines like these are priceless.

Friedman was contacted by the seller, who told him that he had more than 100 of the electronic voting machines that were originally used in Van Wert County, Ohio.

AccuVote-TS voting machines were also used in New Jersey, when a professor at Princeton demonstrated how easy the Diebold machines were to manipulate for nefarious means.

Pierce offers more information in his piece on that landmark Princeton hack from September 2006 and the hackability of these systems in general.

Long time readers of The BRAD BLOG likely recall the Princeton hack came about when VelvetRevolution.us (as co-founded by The BRAD BLOG) gave the Diebold touch-screen system to computer scientists there for the --- at the time --- highly secretive, first-of-its-kind examination, after we'd received the machine from a source of ours. We originally broke the story of that hack exclusively both here at The BRAD BLOG and in a slightly shorter version at Salon.

The alarming hack --- which demonstrated how a virus could be inserted into one of these systems and invisibly flip the results of an entire election --- received a great deal of attention from the mainstream media at the time, and was even covered in a live video demonstration on Fox "News". (See that video at right.)

Though the Princeton hack was on a Diebold AccuVote TS (with no so-called "Voter Verifiable Paper Audit Trail" printer) versus the TSX model (with VVPAT) being sold now on eBay, the many ways available to game them in order to flip election results with very little possibility of detection are essentially the same...

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

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By Brad Friedman on 3/30/2011 6:44pm PT  

Today on my Wednesday show on KPFK (L.A.'s Pacifica Radio affiliate) we covered - guess what?! --- the latest news on the Fukushima Daiichi nuclear disaster. Desi Doyen, my partner on the Green News Report, joins me for the latest.

Also, a very few minutes (never enough time on a 30 minute show --- have to figure out how to do these!) on Diebold's touch-screen machines now being sold for pennies on the dollar at eBay, just in time for 2012, and a bit on the latest Republican voter fraud criminal, potential 2012 Presidential contender Jon Huntsman, Jr. of Utah.

MP3 Download or listen online below [appx 28 mins]...

P.S. I should probably come up with a name for this show. Anybody have any good ideas?

P.P.S. It's no April Fools Joke! I'll be guest-hosting the nationally syndicated Mike Malloy Show again for a week starting this Friday, weeknights through next Friday (4/1 - 4/8). We'll be running our live chat rooms right here each night while the show is live from 6pm - 9pm PT (9pm - Mid ET), so please stop on by and say hey!. We'll also have links to live listening streams right here if you're not lucky enough to get Mike's show on the public airwaves where you live! Don't miss one thrilling episode!

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By Brad Friedman on 3/28/2011 7:14pm PT  

Because practice makes perfect...

With 2012 just around the corner and these babies still in use at polling places all over the country, why not get one or more of them now for your very own?! With one of these future door stops, you too can learn all the ins and outs of "voting" before the pressure of Election Day, when that "vote" will really "count"!

Great for social clubs, like political parties, or even terrorist groups! Why wait? They're sure to disappear fast! Just like the 100% unverifiable "votes" cast on them!

Because they were made by Diebold, you know it comes from a company you "trust," whether you'd like to or not. And with bids starting as low as, well, anything you like, this tens-of-thousands-of-a-kind e-voting machine is sure to be a "steal"!

More from the Ebay ad (cached here for history's sake):

YOU ARE BIDDING ON ONE USED DIEBOLD ACCUVOTE-TSX TOUCHSCREEN VOTING MACHINE.

SOLD FROM A COUNTY THAT CHANGED TO A DIFFERENT VOTING MACHINE. THEY ARE ALL IN WORKING CONDITION.

INCLUDES PRINTER MODULE.

THESE RUN $3200 EACH NEW. $1500 EACH REFURBISHED.

GO HERE FOR MORE INFO:

http://www.premierelecti..._sheets/AccuVote_TSX.pdf

UPDATE: The seller tells The BRAD BLOG the systems, more than 100 of them, come from Van Wert County, Ohio! And from a state like Ohio, you know the machines work just as they are supposed to! Get yours now and become the life of the party!

UPDATE 3/31/11: Thanks to Tony Pierce, filling in for Andrew Malcom at the Los Angeles Times "Top of the Ticket" blog for picking up on this story, adding some helpful details to it (and for giving appropriate attribution in the bargain.)

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

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

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

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

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Tonight: DELAY GUILTY! Plus: Andy Worthington, Susan Pynchon, Derek Brett...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 11/24/2010 4:30pm PT  

Another big show tonight as I guest-host the nationally syndicated Mike Malloy Show this week. (Note: We're off tomorrow, but back on Friday!)

We'll be BradCasting again LIVE tonight from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Please join us by tuning in, chatting in, Tweeting in and calling in! The LIVE chat room will be up and rolling right here at The BRAD BLOG during the show as ever, so come on by 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.)

So far scheduled for tonight's show...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

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Click here to jump into our LIVE Chat Room during the show. Or just see below!...

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POST-SHOW UPDATE: Commercial free audio archives are below (and the chat room archive is below them.) Lots of interest stuff tonight, some great calls, and plenty to be thankful for...somehow...including my thanks to Mike and Kathy for allowing me to fill in. My favorite call tonight: Curtis in the third hour. Mike is back tomorrow with a Thanksgiving "Best Of" and then I'll be back again Friday night! See ya then! Happy holidays and enjoy the archives until then...

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

Via Huffington Post...

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

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

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

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

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

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

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

- Brad Friedman, The BRAD BLOG

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

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

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

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

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

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

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